Charge

A burden; a duty or liability attached to, or obligation imposed upon, a person; an incumbrance or lien upon land; an instruction given by the judge to a petit jury after the case is closed as to matters of law arising upon the evidence, — general, where it is upon the entire case, special, where it is by request, and upon special points; an address by the judge to a grand jury before they proceed to consider matters presented to them, instructing them as to their duty; a statement in writing by a party to a suit in equity, made before a master, of the items with which the opposite party should be debited, v. Charge, supra. Charge and discharge: the mode or form of accounting in equity where the complainant delivers his account to the master in the form of a charge, and the defendant his objections or counter-claim by way of discharga In Scots law. The command of the king's letters to perform some act, as, a charge to enter heir; a messenger's execution, requiring a person to obey the order of the king's letters, as, a charge on letters of horning, or a charge against a superior.

mn. In general. An incumbrance, lien, or burden; an obligation or duty; @ liability; an accusation, In contracts. An obligation, binding upon him who enters into il, which may be removed or taken away by a discharge. Termes de la Ley. An undertaking to keep the custody of another person’s goods. formanee. Com. Dig. “Rent,” ¢. 6; 2 Ball & B. 223. In the law of wills. A responsibility or liability imposed by the testator upon a devisee personally, or upon the land devised.

In equity pleading. An allegation in the bill of matters whieh disprove or avoid a defense which it is alleged the defendant is supposed to pretend or intend to set up. Story, Eq. Pl. § 31.

In equity practice. A paper presented toa master in chancery by a party to a canse, being a writlen statement of the items with which ths opposite party should be debited or should account for, or of the claim of the partymakingit. Itismore comprehensive than a claim, which implies only the amount due to the person producing it, while a charge may embrace the whole liabilities of the accointing party. Hoff. Mast. 36.

In common-law practice. The finaladdress made by a judge to the jury trying a case, before they make up their verdict, in which he suns up the case, and instructs the jury as to the rules of law which apply to its various issues, and which they must observe, in deciding upon their verdict, when they shall lave determined the controverted matters of fact. The term also applies tothe address of the court to & grand jury, in which the latter aré instructed aa ta their duties.

In Scotch law. The command of the king’s letters to perform some act; as a charge Loenter heir. Aisoamessonger’s execution, requiring a person to obey the order of the king’s letters; as a charge on letters of lorning, or a charge against a superior. Bell.

In practice. An address to a jury impannelled in a cause, by the presiding judge, after the case has been closed on both sides, recapitulating and commenting upon the testimony adduced by the respective parties, and instructing the jury in any matter of law arising upon it. 3 Steph. Com. 617. Story, J., 10 Peters' R. 657, 660. In English practice this is called the summing up, (q. v.) 2 Tidd's Pr. 867. 1 Archb. Pr. 195. An address to the grand jury or inquest of a county, by the presiding judge of the Court of Oyer and Terminer, or other principal criminal court, instructing them in their duty. 4 Bl. Com. 303. To charge. To deliver such an address. To CHARGE.

In equity pleading. To make a distinct and formal allegation in a bill, usually for the purpose of anticipating and meeting some allegation or defence on the part of the defendant. If the plaintiffs are aware of any defence which may be made, and have any matter to allege which may avoid it, the general charge of confederacy is usually followed by an allegation that the defendants pretend or set up the matter of their defence, and by a charge of the matter which may be used to avoid it. This is commonly called the charging part of the bill. Mitford's Ch. Pl. 43. Story's Eq. Pl. § 31.

contracts, is an obligation entered into by the owner of an estate which makes the estate responsible for its performance. Vide 2 Ball & Beatty, 223; 8 Com. Dig. *306, Appendix, h. t. Any obligation binding upon him who enters into it, which may be removed or taken away by a discharge. T. de la Ley, h. t