Charge And Discharge

In equity practice. The mode or form of accounting before a master. Where a decree or order of the court directs an account to be taken and examined before a master, in such case the plaintiff delivers in an account before the master, in the form of a charge (q. v.) against the defendant, which being examined and gone through, the defendant or adverse party must bring in his discharge (q. V.) against such charge, which being likewise examined and gone through, the master will exercise his judgment upon the evidence, and allow or disallow the charge, or any part of it, as he thinks proper; and so, e contra, as to the discharge, after which the report is made. Cunningham; Whishaw; 2 Daniell, Ch. Pr. 1420-1422; Hoffman, Master in Chancery, 36-39.

Under the former system of equity practice, this phrase was used to characterize the usual method of taking an account before a master. After the plaintiff had presented his “charge,” a written statement of the items of account for which he asked credit, the defendant filed a counter-statement, called a “discharge,” exhibiting any claims or demands he held against the plaintiff. These served to define the field of investigation, and constifuted the basia of the report.

In equity practice. The mode or form of accounting before a master. Where a decree or order of the court directs an account to be taken and examined before a master, in such case the plaintiff delivers in an account before the master in the form of a charge, (q. v.,) against the defendant; which being examined and gone through, the defendant or adverse party must bring in his discharge, (q. v.,) against such charge; which being likewise examined and gone through, the master will exercise his judgment upon the evidence, and allow or disallow the charge or any part of it, as he thinks proper, and so, e contra, as to the discharge, after which the report is made. Cunningham. Whishaw. 2 Daniell's Chanc. Pr. 1420—1422. Hoffman's Mast. in Chanc. 36—39.