charter

A charter, in the sense here used, is an instrument or authority from the sovereign power, bestowing rights or privileges; as it is briefly expressed, it is an act of incorporation.

A grant made by the sovereign, either to the whole people, or to a portion of them, securing to them the enjoyment of certain rights. 1 Story, Const. § 161; 1 Bl. Comm. 108. Formerly included all deeds relating to hereditaments, especially deeds of feoffment (Co. Litt. 7a, 9b), but in this sense the term is now obsolete, and is now confined to grants by the government, the principal ones being grants of power to form corporations, either municipal or private.

A grant made by the sovereign either to the whole people or to a portion of them, securing to them the enjoyment of certain rights. 1 Story, Const, § 161; 1 Rla. Com. 10S. A charter differs from a constitution in this, that the former is granted by the sovereign, while the latter is established by the people themselves: both are the fundamental law of the land. A deed. The written evidence of things done between man and man. Cowell. Any conveyance of lands. Any sealed instrument. Spelman. See Co. Litt. 6; 1 Co. 1; F. Moore GS7. An act of a legislature creating a corporation. nection with the law under which it was organized; Chicago Open Roard of Trade v. Bldg. Co., 136 111. App. I The name Is ordinarily applied to government grants of powers or privileges of a permanent or continuous nature, such as iueorr' iration, territorial dominion or Jurisdiction. private persons it is also loosely applied to det-ds and instruments under seal for the conveyance of lands. Cent. Diet. It is to be strictly construed; Rockland Water Co. v. Water Co., mi ''.Me. 644, 785, 1 L. R. A. 888; Oregon, IB. ft Nav. Co. v. Ry. Co., 130 U. S. 1, 9 Sup. Ct. 409, •:•-' L. Ed. 837; Bast Line & R. R. Ry. Co. v. Rushing, 69 Tex. 306, 6 S. W. 834. The reservation by the legislature of power to repeal a charter cannot give authority to take away or destroy property lawfully acquired or created under the charter; People v. O'Rrien. Ill N. Y. 1, 18 N. E. 692, 2 L. R. A. 255, 7 Am. St. Rep. 68 1. A charter may he taken under the power of eminent domain; Appeal of Philadelphia & Cray's Ferry Pass. R. Co., 102 Pa. 123. See Forfeiture. As to the power of the state to alter, amend or repeal a charter, see Impairing Obligations of a Contract. The early history of the genesis of the corporation, particularly of municipal corporations, is elaborated in a paper by a. M. Eaton in Am. Rar. Ass'n Rep. (1902) 292, 322, in which it is said: "The facts of history now known, and many of which were unknown to Coke, show that charters were granted by lords of manors, lay and spiritual, as well as by kings holding manors as of their own demesne and not acting in the exercise of any royal prerogative, to towns and boroughs confirming the continued enjoyment of 'liberties' in the future as they had already been long enjoyed in the past. Sometimes additional new 'liberties' were added, and afterwards similar brand-new charters were granted, relating only to future enjoyment of such 'liberties' similar to those already long enjoyed by the old towns and boroughs. In return for these grants the townspeople agreed at first, each one severally, to render his feudal dues (or rent in place thereof); then a group of the principal townsmen or burghers became responsible for the whole sum, and finally the town itself became thus liable for the fee-ferm rent. There was no intention on either part to form a corporation, indeed neither knew what a corporation was; for the name did not exist, but the thing itself was being gradually evolved." Blank Chabteb. A document given to the agents of the crown in the reign of Richard II., with power to fill up as they pli Charter or Pabdon. In English Law. An instrument under the great seal by which a pardon is granted to a man for a felony or

n. An instrument emanating from the sovereign power, in the nature of a grant, either to the whole nation or to a class or portion of the people or to a colony or dependency, and assuring to them certain rights, liberties or powers. Such was the "Great Charter" or "Magna Charta," and such also were the charters granted to certain of the English colonies in America. See Story, Const. § 161. An act of the legislative department of government, creating a corporation, is called the "charter" of the corporation. Merrick v. Van Santvoord, 34 N. Y. 2il4; Bent v. Underdown, 156 Ind. 516, 60 N. E. 307; Morris & E. R. Co. v. Com'rs, 37 N. J. Law, 237.

In old English law. The term denoted a deed or other written instrument under seal; a conveyance, covenant, or contract.

In old Scotch law. A disposition made by a superior to his vassal, for something to be performed or paid by him. 1 Forb. Inst, pt. 2, b. 2, c. 1, tit. 1. A writing which contains the grant or transmission of the feudal right to the vassal. Ersk. Inst. 2, 3, 19.

— Charter of pardon. In English law. An instrument under the great seal, by which a pardon is granted to a man for a felony or other offense.

— Charter of the forest. See Charta de Foi:esta.

— Charter rolls. Ancient English records of royal charters, granted between the years 1199 and 1516.

A grant in writing of certain ally to a corporation, by the supreme incorporation. Charter-party: a or some principal part of one, is let ance of goods on a determined voyage ter of pardon: in English criminal under the great seal, by which a man offense.

In old English law. A written the evidence of things done between ance of lands; a contract, covenant instrument in writing, containing a son or persons, or to a body politic, privileges. Charter land: land held deed land, boo-land. Charter rolls: English records, containing the royal the year 1516.

In old Scots law. A disposition made for some thing to be performed or contains the grant or transmission sal.

ov, In mercantile law. To hire or lease a vessel fora voyage. A “chartered” is distinguished from a “seeking” ship. 7 East, 24.

1. A deed is sometimes called a charter from its materials.* See Charta. Charter-land. Land held by deed under certain rents and free services; book-land. Opposed, folk-land; which was held by an assurance i-n writing.* See MANOR. ' Taylor v. Trustees of Bryn Mawr College, JM

[L. Lat. charta, carta; L. Fr. chartre, (qq. v.)] In old English law. A written instrument under seal, containing the evidence of things done between man and man.* CowelL ffolthouse. Otherwise called a private charter. Bract, fol. 38 b. A conveyance of lands; a contract, covenant or other sealed instrument, {scripturn obsignatum.) Spelman, voc. Ckarta, This term was much more comprehensive than the modem deed, which has taken its place; and was used as an English word, (framed probably from the Fr. chartre,) as early as the time of Bracton, who gives the following as an English phrase, {secundum quod Anglice dicitur) — fiee lisH hnX^t totft anti chatter; signifying that a party had both a charter or. deed o? land, and a writ, that is, a letter of attorney to deliver possession. Bract, fol. 40. The term charter was not obsolete when Blackstone wrote, and was particidarly appropriate to a conveyance by feoffment. 2 Bl. Com, 205. Co. Litt. 36 a. And as to the distinction between charters and deeds, see Maddox Formul. Angl, Diss, p. 2. Mad, ffist, Exch. pref. ep. p. 8. An instrument in writmg, containing a grant from the crown to any person or persons, or to any body politic, of any rights, liberties, franchises or privileges.* Otherwise called a royal charter {charta regia). Bract, fol. 33 b. Some of the old acts of parliament were in the form of charters. 8 Co. The Princess case. These royal charters are preserved in the Charter Rolls, the series of which commences in the year 1199, and terminates in 1516, when that species of royal diploma ceased; and all the written acts of the sovereign in the nature of grants were thenceforward made in the form of letters patent, and recorded upon the Patent Rolls, Huhbaclcs Evid. of Su^:cession, 616. See Charter Rolls,

is a grant made by the sovereign either to the whole people or to a portion of: securing to them the enjoyment of certain rights. Of the former kind is the present charter of France, which extends to the whole country; the charters which were granted to the different American colonies by the British government were charters of the latter species. 1 Story, Const. L. § 161; 1 Bl. Com. 108; Encycl. Amer. Charte Constitutionelle. A charter differs from a constitution in this, that the former is granted by the sovereign while the latter is established by the people themselves: both are the fundamental law of the land. This term is susceptible of another signification. During the middle ages almost every document was called carta, charta, or chartula. Inthissense the term is nearly synonymous with deed. Co. Litt. 6; 1 Co. 1; Moor. Cas. 687. Vide 2 Bro. Civ. and Adm. Law, 188; Dane’s Ab. h. t.