Chirographum

In Roman law. A handwriting; that which was written with a person's own hand; an obligation which a person wrote or subscribed with his own For forms of such acknowledgments, see Dig. 22, 1. 41. 2; Id. 2. 14. 47. 1. An evidence or voucher of debt; a security for debt. Dig. 26. 7. 57. pr. A right of action for debt. Dig. 32. 59. And see Id. 34. 3. 31. 3; Id. 46. 3. 89. pr.; Code, 4. 2. 17. CHIROGRAPHUM APUD DEBITOREM repertum presumitur solutum. An evidence of debt found in possession of the debtor is presumed to be paid. Halk. Max. 30. See 14 Mees. & W. 379. CHIROGRAPHUM NON EXTANS PREsumitur solutum. An evidence of debt not existing is presumed to have been discharged. Tray. Lat. Max. 73.

chirographus, I or gr.-l.

In the Roman law. A handwriting; that which was written with a person's own hand; an obligation written or subscribed by a person with his own hand; an evidence or voucher of debt; a security for debt; a right of action for debt

Cirographum, Cyrographum. Lat. [from Gr. x^^Q^YQ^V^^f which from x^lff* & hand, and ifQ^Siipot, to write; a handwriting, that which is written with a person*s own hand.] In Saxon law. A deed, charter, or instrument of conveyance in writing. Spelman, voc. Charta. Ingulphus, ibid. See Charter, Charta, and infra. In English law. A deed or indenture executed in two parts, and divided by a cut through certain words written in the middle; called also scriptum chirographatum, or charta cyrographata. Bract, fol. 34. Co. Litt. 143 b. Hargr. Co. Litt. note 234, lib. 2. 2 Bl. Com. 296. 1 Reeves* Hist. Eng. Law, 89. Cowell. Blount. See Indenture. The word itself, through which deeds were cut or indented, and divided. 2 Bl. Com. 296. A fine of lands. Blount. In the civil and canon law. An instrument executed between two parties, as debtor and creditor, and called chirographus, because written only with the hand of one party, (sc. the debtor,) and left in the hands of the creditor. Lindewode, tit. de Offic. Archidiac. c. 1, apttd Spelman, voc. Indentura. Sometimes, however, used m the same sense as syngrapha, (q. v.) Id. ibid. In the Saxon times, any public instrumen! of gift or conveyance, attested by the subscription and crosses of tbe witnesses present, was called chiroffraphum, a word taken from the Roman writers, who used it to signify a bond or obligation which a person wrote or subscribed wi^h his own hand. Juvenal, xiii. 137. SueL Aug. 87. The Normans, besides changing the mode of executing these instruments, altered their name also to ckarta, Spelman, voc. Charta. Ingulphu Sf cited ibid, and in Cowell. When the practice was afterwards introduced, of executing charters or deeds in parts, i. e. in a part and counterpart, (or as Cowell calls it, in script and rescript,) it was done as follows. The whole of the instrument was written twice on the same sheet or skin of paper or parchment, leavmg a space in the middle, where certain capital letters were written. What these letters at first were, and in what form, does not precisely appear. Cowell says they were the capital letters of the alphabet. The idea of employing a single word for this purpose was probably borrowed from the civilians and canonists, who had the same fashion of executing their instruments, and who made use of the very expressive word syngrapha or syngrapkus. Lindewod. tit. de offic. archidiac. c. 1, cited in Spelman, voc. Indentura. Cowell, voc. Indenture. See Indenture, Syngrapkus. Instead of syngrapkus^ however, the word CHIRO- GRAPHUM was adopted, probably, from its ancient use in Saxon conveyances, {supra,) and from its convenient length, as well as appropriate meaning. After the instrument had been executed, with this word so written in capital letters between the parts, the parchment was divided by cutting it across, through the middle of these Tetters, so that when the two parts were separated, one would exhibit one half of the capital letters and one the other, and when joined, the words would appear entire. See Indenture. This cut or division was at first made in a straight line. Afterwards, the fashion came into use of cutting through the word in acute angles, (the cuts passing between the letters alternately,) like the teetk of a saw, {instar dentium,) which gave these deeds the name of indentures, 1 Beeves' Hist. Eng. Law, 89. This was afterwards changed to a waving line, which seems to have been continued as long as the word itself, (now Englished and written chirograph,) or the practice of cutting was retained. From this peculiar formality the instruments themselves so executed were called ckirograpks. 2 £1. Com. 296. 1 Beeves' Hist. ub. sup. Hargr. Co. Utt. note 234, lib. 2. The practice of executing deeds, {pr charters, as they were termed) in this form, seems to have originally been confined to what were called ckartoe communes, (common or mutual charters,) which are spoken of by Bracton under the name of ckarta cyrograpkata, {quce scinditurper medium, et una pars remanet parti uni, et altera alteri.) Bract, fol. 34. Glanv. lib, 8, c. 1. The peculiar fashion of dividing or indenting through the word ckirograpk was continued in fines after it had been discontinued m ordinary deeds; and hence the foot or conclusion of the fine, where the Vord was used, came to be itself called the ckirograpk. 2 Bl. Com. 351; and Appendix, No. IV. § 5. Blount. See Indenture.