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CHIEF, TENANT IN-continued. contrivances of art; and copyright, or the or in chief, which was the most honexclusive privilege of selling and publish- ourable species of tenure, but at the same ing particular works of literature.

time subjected the tenant to greater and

more burdensome services than inferior CHAUD-MEDLEY. The killing of a

tenures did. man in an affray in the heat of blood, and

See title FEUDAL TENURES. while under the influence of passion; it is thus distinguished from chance medley, CHILD. In law means a legitimate which is the killing a man in a casual child in the absence of evidence of an inaffray in self-defence.

tention to signify an illegitimate child.

See titles INFANT; PARENT AND CHILD; CHAUNTRY. A church or chapel endowed with lands or other yearly revenues


CEALMENT OF BIRTH, for the maintenance of one or more priests to sing masses daily for the souls of the CHILD STEALING, OFFENCE OF. Undonors, and such others as they appointed. der the stat. 24 & 25 Vict. c. 100, 8. 56, (Les Termes de la Ley). Such uses would any one who, whether by force or fraud, at the present day be void as superstitious. unlawfully leads, decoys, or entices away, (See title SUPERSTITIOUS Uses). The chaun- or who detains any child under the age of tries were abolished by a statute passed in fourteen years, with intent to deprive the the last year of the reign of Henry VIII. lawful guardian of the possession of the aud the first year of that of Edward VI. child, or with intent to steal the articles CHEATING. Various forms of cheating

upon it; and any one knowingly receiving are made criminal offences, chiefly the fol

or harbouring such a child, is guilty of lowing:

felony, and is punishable with penal servi(1.) Obtaining goods, &c., by false pre

tude from seven to five years, or to imprison

ment for two years, with or without hard tences;

labour, and if a male under sixteen, with (2.) Selling goods by false scales;

or without whipping. (3.) Various offences enumerated in the

Debtors Act, 1869 (32 & 33 Vict. CHILTERN HUNDREDS. The steward. c. 62), s. 11.

ship of the Chiltern Hundreds is a nominal The offence is a misdemeanour in each office in the gift of the Crown, usually ac

cepted by members of the House of ComCHEQUES : See title BILL OF EXCHANGE.

mons desirous of vacating their seats.

“Her Majesty's Chiltern Hundreds” are CHIEF (EXAMINATION OF WITNESS

three in number, namely, Stoke, DesIN). Every witness who gives his testi- borough, and Bonenham, and are distinmony in a trial at Nisi Prius, is first exa

guished by the use made of them for parmined by the counsel of the party on whose liamentary purposes. By law a member behalf he is called; and the first examina

once duly elected is compellable to distion is termed his examination in chief. He

charge the duties of the trust conferred is then subject to cross-examination by the upon him, and is not enabled at will to counsel on the other side; which cross-exa- resign it. But by stat. 6 Anne, c. 7, and mination may be in its turn succeeded by a several subsequent statutes, if any member re-examination by the counsel who origi

accepts of any office of profit from the nally called him (3 C. & P. 113). In the Crown (excepting officers in the army or Court of Chancery the examination in chief

navy accepting a new commission), lis has hitherto been taken by affidavit, but seat is vacated. If, therefore, any memunder the Judicature Act, 1873, the practice ber wishes to retire from the representation in Chancery is assimilated to that of the

of the county or borough by which he was Common Law.

sent to Parliament, he applies to the Lords CHIEF RENTS. Those rents which are of the Treasury for the stewardship of one payable by the fuceholders of manors, are

of the Chiltern Hundreds, which having frequently so called, and they are also de- received, and thereby accomplished his purnominated quit-rents, i. e., quieti reditus,

pose, he again resigns the office. Rogers because thereby the tenant goes quit and

on Elections; 2 Hatsell, 41 ; May's l'arl. free of all other services.

Pr. 576-7. CHIEF, TENANT IN. All the land in CHIMIN. A way, which is of two the kingdom was supposed to be holden kinds -(1.) The king's high way; and, mediately or immediately of the king, who (2.) A private way. (1.) The king's highwas styled the lord paramount or lord way is that by which the king's subjects above all; and those that held immediately and all under his protection have free under him, in right of his crown and dig. liberty to pass, although the property in nity, were called his tenants in cupite the soil on cach side, or even in medium


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CHIMIN- continued.

CHOSE-continued. filum vix, may belong to some private per- most common combinations in which it is son. (2.) A private way is that by which found are the following (1.) Chose local; one or more persons have a right or liberty (2.) Chose transitory : and (3.) Chose in acto pass through another person's ground. tion. (1.) Chose local is such a thing as is Cowel.

annexed to a place; thus, a mill is a chose See also title WAY.

local. (2.) Chose transitory means anything

of a movable or transitory nature, which CHIROGRAPH. An instrument of gift may be taken or carried away from one place or conveyance attested by the subscription to another. (3.) Chose in action (the most and crosses of the witnesses, and which was ordinary combination) is a phrase which is in the Saxon times called Chirographum sometimes used to signify a right of bringand which being somewhat changed in ing an action, and at others the thing itself form and manner by the Normans, was by which forms the subject matter of that them styled charta. Anciently, when they right, or with regard to which that right is made a chirograph or deed which required exercised ; but it more properly includes a counterpart, as we call it, they engrossed the idea both of the thing itself and of the it twice upon one piece of parchiment con- right of action as annexed to it. Thus, trarywise, leaving a space between, in when it is said that a debt is a chose in which they wrote in great letters the word

action, the phrase conveys the idea not only chirograph, and then cut the parchment in of the thing itself, i.e., the debt, but also of two through the middle of the word, con- the right of action or of recovery possessed cluding the deed with “ In cujus rei testi

by the person to whom the debt is due. nonium utraque pars mutuo scriptis presen- When it is said that a chose in action cantibus fide media sigillum suum fecit ap- not be assigued, it means that a thing to poni.” This was afterwards called divi

which a right of action is annexed cannot denda, because the parchment was so di- be transferred to another together with vided or cut. And the first use of these

such right. Thus if A. owes B. £10, it is chirographs was in Henry III.'s time.

obvious that the latter has a debt, and also Chirograph was also of old used for a fine.

a right of recovering such debt against A.; And this manner of engrossing the fine now if B. were to assign or transfer his and cutting the parchment in two pieces debt, together with bis right of recovery, to continued to be observed until the abo

C., this would be assigning a chose in aclition of fines by the stat. 3 & 4 Will, 4, tion, which the law would not allow for the c. 74. Cowel. See also next title.

reasons stated in Co. Litt. 214 a, 266 a;

2 Roll. 45; Moulsdale v. Birchall, Sid. 212. CHIROGRAPHER OF FINES. Chiro

But more recently such assignments came graphus finium et concordiarum (from the

to be allowed in Equity, and latterly Greek χειρόγραφον, which is a compound

crossed in some instances from Equity to of xeip, a hand, and ypáow, I write). It

Law, until eventually, by the Judicature signified in the Law the officer of the Com

Act, 1873, a chose in action has been made mon Pleas who engrossed fines in that

assignable in every case. Court so as to be acknowledged into a perpetual record, after they had been acknow- CHRISTIANITY. To bring this religion ledged and fully passed by those officers by into ridicule or contempt is an offence whom they were previously examined. against the Common Law of England, and Cowel.

as such is indictable. Holt, Libel, 69, n. CHIVALRY (servitium; militare). This

CHURCH. A place of worship, to be word comes from the French chevalier;

adjudged a church in law must have adand signities that peculiar species of tenure

ministration of the sacraments and sepulby which lands were formerly held, called

ture annexed to it (Cowel). The fabric of tenure by knights' service. It is of a mar- the church consists of the nave or body of tial and military nature, and obliges the

the church, with the aisles, the chancel, tenant to perform some noble or military and the steeple. office unto his lord,

See also titles AdvowSON; BURIAL; CHLOROFORM. Administering this

PARISH; Pews; and two next titles. drug with intent to commit an indictable

CHURCH-RATES. These were aboloffence is, by the stat. 24 & 25 Vict. c. 100, s. 22, made a felony, punishable with penal

ished as a compulsory assessment by the servitude for life or five years, or with

stat. 31 & 32 Vict. c. 109, and the payment imprisonment for two years with or without

of these or of any analogous assessment to bard labour.

be collected instead of them was made

voluntary. The assessment while it existed CHOSE (thing). This word is generally was made in a vestry meeting; it fell geneused in combination with others.


rally upon all such property as was rateable

CHURCH RATES—continued. to the poor-rate; it went to support the temporal necessities of the church.

CHURCHWARDENS. These, although laymen, are a species of ecclesiastical officers, being sworn in by the archdeacon or bishop of the diocese. They are entrusted generally with seeing to the repairs, management, and good order of the church, and to decency of conduct therein. They are a body corporate, and may as such be sued for the goods of the church, and are answerable to their successors in office. Usually, the parishioners elect one, and the parson the other church warden, the customary number being two. In virtue of their appointment, church wardens are overseers of

the poor.


CHURLE. Among the Anglo-Saxons a tenant at will of free condition, who held land from the thanes on condition of rent or services. They were of two sorts ; (1.), one who hired the lord's outland or tenementary land, as our farmers do now; (2), the other, who tilled and manured the inland or demesnes, (yielding work and not rent), and were thence called his sockmen or ploughmen. Spelman on Feuds; Cowel.

CINQUE PORTS (quinque portus). Five important havens, formerly esteemed the most important in the kingdom. They were Dover, Sandwich, Romney, Hastings, and Hythe; Winchelsea and Rye have since been added to the number. They have similar franchises in many respects with the counties Palatine, and particularly an exclusive jurisdiction (before the mayor jurats of the ports), in which the king's ordinary writ did not run. These ports have a governor called the Lord Warden of the Cinque Ports, who has the authority of an admiral amongst them, and used to send out writs in his own name. But the king's writ now runs to, and is executed in, these ports in like manner as in other parts of the kingdom. See C. L. P. Act, 1852, s. 122.

CIRCUITS. These are the routes taken by the several judges in holding the assizes. The stat. 3 & 4 Will. 4, c. 71, regulates the appointment of convenient places for holding the assizes; and the stat. 26 & 27 Vict. c. 122, enables the Queen in Council to alter the circuits. As at present constituted, there are eight circuits in England and Wales, viz., Home, Norfolk, Midland, Northern, Oxford, Western, South Wales, and North Wales, but a new arrangement is imminent.

CIRCUITY OF ACTION. Is where a party to an action, by an indirect and circuitous course of legal proceeding, makes

CIRCUITY OF ACTION-continued. two or more actions necessary, in order to obtain that justice between all the parties concerned in the transaction, which by a more direct course might have been gained in a single action. As in an action on a contract, in which the defendant, instead of giving in evidence a breach of the warranty in mitigation of damages, allows the plaintiff to recover the full amount of the contract in the first action, and then subsequently commences against him a cross action to regain the amount to which the consideration had failed. (See title CROSS ACTION.) Formerly indeed, he was compelled to bring a cross action, and had no other remedy, but more recently “ the cases have established that the breach of the warranty may be given in evidence in mitigation of damages, on the principle it should seem, of avoiding circuity of action.” Per Tenterden, C.J., 2 B. & Ad. 462.

CIRCULAR NOTES. These are similar instruments to Letters of Credit. (See that title.) They are drawn by bankers in this country upon their foreign correspondents in favour of persons travelling abroad. The correspondents must be satisfied of the identity of the applicant before payment; and the requisite proof of such identity is usually furnished, upon the applicant's producing a letter with his signature, by a comparison of the signatures.

CIRCUMSPECTE AGATIS. The title of the statute 13 Edward 1, regulating the jurisdiction of the temporal and ecclesiastical Courts. The date usually assigned to this statute is 1285; but there seems to be reason to believe that it was not in existence at that period. It was, however, cited as early as 19 Edward 3. It originally was not a statute, but a writ supposed to have been issued in pursuance of the statute called Articuli Cleri (see that title), of which, in the form in which it is printed both in the authentic and ordinary edition of the statutes, it is a repetition and abridgement. It was probably a writ of mandate, framed for the purpose of being issued by the king to his judges in behalf of the Spiritual Courts, in or after 1315, and embodying what were then supposed to be the legitimate objects of the jurisdiction of those latter Courts. Its authority as a statute, is, however, no longer questioned. 12 Ad. & El. 315.

CIRCUMSTANTIAL EVIDENCE. That evidence which may be afforded by particular circumstances. It is called circumstantial evidence in contradistinction to that species of evidence which is of a more positive and unequivocal nature. Whence the latter is sometimes called direct evi. dence, and in that case circumstantial is

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CIRCUMSTANTIAL EVIDENCE—contd. CIVIL LIST, SETTLEMENT OF—contd. designated indirect. Sometimes also, it is of the Crown (see title Taxation), withcalled the doctrine of presumptions ; be- out imposing any limitation upon his percause when the fact itself cannot be proved sonal expenditure. These revenues were it may be presumed, by the proof of such estimated in times of peace to be sufficient circumstances as either necessarily or for the support of his majesty's person usually attend such facts, being in the and household, and for the maintenance of former case conclusive, and in the latter his civil and military government; for all more or less cogent only.

extraordinary occasions, such as times of See title PRESUMPTION.

war, grants of extraordinary supplies were CIRCUMSTANTIBUS, TALES DE Lite

made to him. In the reign of Charles II. rally, like persons out of those present or

the principle of appropriating the supplies standing by. This phrase is applied to the

to the specific services had been formally making up the number of persons on a jury,

established, and such appropriation was in by taking some of the casual bystanders,

fact made the condition, or one of the conwho happen to be qualified for serving on

ditions, upon which the same were granted ; a jury. This takes place when the jurors but notwithstanding that such was the who are empanelled, from some cause or recognised principle or condition of the other, do not appear, or, if appearing, are

grant, it is certain that Charles II, mischallenged by either party, and so disqua- applied towards his own private pleasures lified.

a large amount of these supplies. See title CHALLENGE.

Accordingly, upon the accession of Wil

liam and Mary, Parliament provided sepaCITATION. The process used in the

rately for the king's civil list a sum of Ecclesiastical Courts and Court of Probate

£700,000, derived in part from the hereand Divorce, to call the party-defendant

ditary revenues of the Crown, and partly or respondent, before them. It is the first

from the excise duties, and voted in addistep which is taken in the case, and is

tion the sum of £500,000 for the other exsomewhat analogous to the writ of sum

penses of government not included in the mons at Cominon Law.

civil list. At this period the civil list emCIVIL DEATH. If a man entered into a braced not only the support of the king's monastery, or abjured the realm, he was person and dignity, but also the salaries of formerly, and if he is attainted of treason civil officers and pensions. or felony he still is, dead in law, and there- In this condition the civil list remained fore if an estate be granted to any one for during the reigns of Anne, George I., his life generally, it would determine by and George Il; but on the accession of such civil death. For which reason in George III. that king gave up the hereconveyances the grant is usually made“ for ditary revenues of the Crown in England the term of a man's natural life," which altogether, in consideration of a civil list can only determine by his natural death. of £800,000 a year.

He still retained, 3 Inst. 213; 3 P. Wms. 37, n. (B); 2 Rep. however, the hereditary revenues of the 48 b.

Crown in Scotland, the Duchies of Cornwall CIVILITER (civilly.) In a man's civil and Lancaster, the Irish civil list, and character or position, or by civil, in oppo

various other sources of revenue, amounting sition to criminal, process; as “sheriffs not unfrequently to the annual sum of who execute process at their peril are an- £4,700,000 odd. But notwithstanding this swerable civiliter for what they do upon

vast income, George III. was always in it,” or “a man may, without his own fault, debt, through the great multiplication of be possessed of a horse which has been pensions and sinecure places, these being stolen, but nevertheless he is answerable the means which that prince adopted with civiliter to the true owner of it.” 1 B. & a view to increasing the influence of the P. 409, per Rooke, J.

Crown CIVIL LAW. In its general signifi

In view of these abuses, Mr. Burke in cation is the established law of every par

1780 proposed his scheme of “economic

reform ;" and in 1782, the Rockingham ticular nation, commonwealth, or city, and

Civil List Act was passed, in virtue of is the same with that which is called Muni

which many useless offices were abolished, cipal Law. In its particular signification, however, it usually means the Roman law,

the pension list was diminished, and the as comprised in the Institutes, Code, and

civil list expenditure was divided under

eight heads. But the civil list was still Digest of the Emperor Justinian.

suffered to comprise (in addition to the CIVIL LIST, SETTLEMENT OF. Prior support of the king's person and dignity) to the Revolution of 1688, it was custom- the expenses of the civil government; viz. ary to grant to the king at the commence- the salaries of judges, &c., annuities to ment of each reign the ordinary revenues members of the royal family, salaries in the CIVIL LIST, SETTLEMENT OF-contd. CLAIM, CONTINUAL–continued. diplomatic service, and numerous public tenements so descended by virtue of his pensions.

having made such continual claim. So During the reigns of George III. and if a man were disseised, and the disseisee George IV. various of these latter items of made continual claim to the tenements expenditure ceased to be chargeable on the in the life of the disseisor, and the disseisor civil list; and, upon the accession of died seised in fee, and the land descended William IV., the civil list was still further to his heir, yet notwithstanding its having relieved, and in particular, from judicial so descended, the disseisee might have ensalaries, pensions, and diplomatic service tered upon the possession of the heir, by salaries, and at the same time that king virtue of such continual claim. Such a claim surrendered all the hereditary revenues of must always have been made within a the Crown. Upon the accession of Queen year and a day before the death of the Victoria, the Crown was finally restricted person holding the land, and as the claimto a definite annuity of £385,000 for the ant could not know when such death would support of the person and dignity of the take place, he was therefore obliged consovereign, and Her Majesty was empowered tinually to be making such claim: i.e., at to grant pensions annually to the extent of the expiration of every year and a day, in £1200.

order that he might be sure of his claim The Crown still retains the revenues of being made within a year and a day of the the Duchies of Cornwall and Lancaster, tenant's death, and hence it was termed those of the latter being the property of continual claim (Litt. 414). But no such the reigning sovereign, and those of the continual claim is of any utility at the former the property of the Prince of Wales present day to preserve a right of entry, or as Duke of Cornwall; and the Crown pos- distress, or action, 3 & 4 Will. 4, c. 27, s. 11. sesses the capacity to acquire and also to dispose of other private property, under the

CLARENDON, CONSTITUTIONS OF. In Act of 39 & 40 Geo. 3, c. 88, and has ac

the reign of Henry II., A.D. 1164, Blackquired further facilities for these purposes

stone states that there are four things by the Crown Private Estates Act, 1873

which peculiarly merit the attention of the (36 & 37 Vict. c. 61).

legal antiquarian, one of which is the

constitutions of the parliament at Clarendon, CIVIL SIDE. The legal business of the whereby the king checked the power of assizes is arranged according to the natural the pope and his clergy, and narrowed the division of such cases as are merely civil, exemptions they claimed from the secular in which the disputes of subjects (citizens) | jurisdiction. These Constitutions enacted as to property are decided, and those of a in substance that the king's Courts should criminal nature, when men are charged try all contested rights of advowson and with offences against the welfare of society presentation; ecclesiastics should obey the at large. In the county hall, or court in king's summons; appeals from the archwhich the trials take place, it is very usual bishop should be to the king alone; all for one side or portion of the building to be disputes regarding lands between eccleappropriated to the hearing of cases of the siastics and laymen should be tried by the former character, and the other side or king's justices; all pleas of debt, notwithportion to the hearing of those of the latter standing the same may be affected with a character. And hence the phrase has be- trust, should be determined in the king's come common that the judge is either Courts, with other provisions of a similar sitting “ on the civil side on the cri.

character. minal side,” meaning thereby that he is either presiding at Nisi Prius or trying a

CLAUSUM FREGIT (he broke the close). prisoner, as the case may be. It is now

Every unwarrantable entry on another's

soil the law entitles a trespass by breaking customary for two judges to attend circuit together, and then one of them sits on the

his close. The words of the writ of trespass

command the defendant to shew cause, 6. civil” the other on the “criminal side."

quare clausum querentis fregit. CLAIM, CONTINUAL.

When a

See title TRESPASS. was entitled to enter into any lands or tenements of which another was seised in fee CLERGY, BENEFIT OF, or privilege of or in tail, and he who was so entitled made clergy, formerly signified certain privileges continual claim to the lands or tenements which the clergy alone enjoyed. It had before he who was so seised, died seised its origin from the pious regard paid by thereof; then even in the event of such Christian princes the church in its infant person dying seised of the same, and the state; and the ill use which was soon lands or tenements descending to his heir, made of that pious regard. The exempmight he who made such continual claim, tions which were granted to the church or his heir, have entered into the lands or were principally of two kinds :-(1.) Ex

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