(269) a duty belonging to him, as to incur the danger of the law, and to become liable to have a writ of cessavit brought against him. Old Nat. Brev. 136. Cowell. (270) drove-way or drift-way, (Lat. actus, q. v.) practice. An exception or objection taken Spelman. Bract. fol. 227 b, 232. either against persons or things. Cowell. The word had this large sense in old practice, a writ or count being as proper a subject of challenge as a juror. See Chalenger. In modern practice, however, its signification has been materially narrowed, and it is now almost exclusively used to denote A station of game, or hunting ground, (Lat. fugacia ;) an extent of ground less than a forest, and larger than a park, where wild animals are kept for the diversion of the chase, (saltus et ipsa statio qua, venationis gratia, aluntur feræ.) Spelman. See Chase. (271) The (272) array, and challenges to the polls. Co. Litt. In modern times, the court officer styled 156 a, 156 b. chamberlain has the charge of the private apartments of the sovereign or noble to whom he is attached. Brande. (273) promoter of other persons' suits.* 4 Bl. Com. 135. See Champerty. between them, if they prevail at law; whereupon the champertor is to carry on the party's suit at his own expense. 4 Bl. Com. 135. In the modern sense of the word, champerty signifies the purchasing of a suit or right of suing. Id. ibid. Or rather, the purchase of an interest in a thing in dispute, with the object of maintaining and taking part in the litigation. Tindall, C. J. 7 Bing. 369. Holthouse. The purchase of land, pending a suit concerning it, is cham- **Champertors are defined by the statute De Conspiratoribus, (of conspirators,) 33 Edw. III. to be "those who move or cause to be moved pleas and suits, either by their own procurement, or by that of others, and sue them at their own costs, to have part of the land in dispute, or part of the gains; (ad campi partem, vel pro parte lucri habend)." This definition is, in the English edition of the statutes, at the end of the statute of conspirators; but, accord-perty. 4 Kent's Com. 449. See 2 Story's ing to Mr. Reeves, no original text appears to warrant it; and he considers it probable that it was added by some reader, to explain what followed; for the next statute is entitled the "statute of champerty." 2 Reeves' Hist. Eng. Law, 243. The Latin text is given by Cowell and Spelman, but neither of them takes any notice of the deficiency. In Fleta, a statute is quoted, providing that no chancellor, treasurer, justice, or other of the king's council, or of the chancery, of the household, exchequer, eyre, or any bench, nor any minister, clerk of the crown or other layman, shall receive presentations of churches, or the advowson of any church lands, tenements or fees, by exemption or gift either to farm, or to champert, (seu ad campi partem,) viz. to become a sharer in it, nor shall in any way interfere therewith, while a controversy concerning it is pending before the king, or any of his ministers, nor shall any stipend be taken thereof. Fleta, lib. 2, c. 36, § 4. Eq. Jur. §§ 1048-1054, and notes. In the United States, the English doctrine of champerty and maintenance has been much modified. In New-York, the taking of a conveyance from a party in possession of land, the subject of controversy by suit in court, is no longer forbidden. See 2 Rev. Stat. [691,] 576, §§ 5, 6. 21 Wendell's R. 98. In Michigan, the application of the doctrine to sales of land by a party out of possession, has been annulled. 20 Howard's R. 467. In Vermont, the bonâ fide purchase of a right of action is not champerty. 28 Vermont R. 490, 496. And see the observations of Grier, J. 20 Howard's R. 483. As to agreements between attorney and client, for a part of the matter in litigation as a compensation for services, see 2 Denio's R. 607. 1 Hoffman's Ch. R. 421. 4 Kent's Com. 449, note. The distinction between maintenance and champerty seems to be this: where there is no agreement to divide the thing in suit, the party intermeddling is guilty of mainCHAMPERTY, Champarty. [L. Fr. tenance only, but where he stipulates to champert; L. Lat. campers, cambipartia, receive part of the thing in suit, he is guilty qq. v.] In criminal law. The maintenance of champerty. 4 Chitty's Bl. Com. 135, of any man in his suit, upon condition to note. Hence the rule of Lord Coke, that have part of (partire) the thing in dispute, every champerty is maintenance, but every when it is recovered, (or pro parte rei quæ maintenance is not champerty. 2 Inst. 208. est in placito habenda,) whether it be land See Maintenance. See the English author- (cumpus,) or any thing out of land, or ities on this subject, cited in 4 Steph. Com. goods, or a debt, or any other thing in plea 264, note (1). For the American law of or suit. Cowell. Blount. Reg. Orig. 183. champerty, see 4 Kent's Com. 449, and F. N. B. 172. Stat. Westm. 1, c. 25. Co. note. United States Digest, Champerty Litt. 368 b. 2 Inst. 208.-The unlawful and Maintenance. 2 N. Y. Rev. St. [288, maintenance of a suit, in consideration of §§ 71-74,] 216, §§ 72-75. Id. [691,] some bargain to have part of the thing in 576, §§ 5-7. Lewis' U. S. Crim. Law, dispute, or some profit out of it. Hawk. 493-498. P. C. b. 1, c. 84. Shaw, C. J. 1 Pick. R. 416. 6 Porter's (Ala.) R. 488. U. S. Dig. Champerty and Maintenance, I.-A species of maintenance, being a bargain with a plaintiff or defendant campum partire, to divide the land, or other matter sued for, VOL. I. (274) One who fought in his own cause. ell. Cowfrom the L. Fr. chancelier, or chauncellier. The Saxon word was boceras; but the Lat. cancellarius was always used in charters and records, as well as by the old chroniclers. Spelman, voc. Cancellarius. For the original derivation of the term, see Cancellarius. Blount. See Campio. (275) ble homicide. 4 Bl. Com. 184. 3 Inst. the Vice-Chancellor of England, created by 55, 57. Foster's Crown Law, 275, 276. stat. 53 Geo. III. c. 24; and two additional -Manslaughter without former malice. vice-chancellors have been since appointed, Finch's Law, b. 3, ch. 19.-Manslaughter with powers precisely similar to those of on a sudden quarrel. 4 Steph. Com. 103, the Vice-Chancellor of England. note (t). ton's Lex. Chance medley is distinguished by Blackstone from homicide per infortunium, or by misadventure, (4 Bl. Com. 182); though the terms seem to be confounded in the old books, (Staundf. Pl. Cor. lib. 1, c. 8. Termes de la Ley. West's Symboleog. par. 2, tit. Indictments, sec. 5, cited in Blount;) and by so late a writer as Whishaw. It is also sometimes confounded with chaudmedley, (q. v.) Sir Michael Foster, how ever, considers the difference between chance medley and chaud medley, in point of sense, as very small. Fost. Cr. Law, 276, note. CHANCERY, or COURT OF CHAN- (276) prosperity of some particular family while living, and the repose of the souls of those members of it who were deceased; but especially of the founder and other persons specifically named by him in the instrument of foundation. P. Cyclopædia. They were usually little chapels, or particular altars in some cathedral or parochial church. Blount. See P. Cyclopædia. (277) a person in execution, is to take or arrest him by virtue of a writ of execution. 1 Tidd's Pr. 365, 367. 4 Term R. 367. (278) 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. ( 279 ) is the charter of the said forest. Kennett's have Par. Ant. 73. Cowell. A royal grant of privileges or liberties, (charta regia,) either to an individual, as a charter of pardon, (carta perdonationis,) to a public body, (see Charter,) or to a whole nation, as Magna Charta, the Great Charter; Charta de Foresta, the Charter of the Forest. See Magna Charta. **The term charta was introduced into England by the Normans, in lieu of chirographum, which was the Latin word used among the Saxons, answering to the vernacular boc. Normanni chirographa chartas vocabant. Ingulph. apud Spelman. 1 Reeves Hist. Eng. Law, 88. Lord Coke distinguishes charta, (a charter,) from factum, (a deed); the former touching inheritance, not so the latter, unless it have some other additions. Co. Litt. 9 b. Bracton, however, applies both words to royal grants. De chartis vero regiis et factis regum, &c. Bract. fol. 34. The ch in this word seems to have always been pronounced hard, (after the Gr. xáprns,) which led to the practice of writing the word carta, in which form it occurs in the Register, and in some of the old writers. Reg. Orig. 157-160. Co. Litt. 36 a. Magna Charta was originally entitled "Magna Carta." (280) Exch. pref. ep. p. 8. Formul. Angl. Diss. p. 2. Mad. Hist. against the king's crown and dignity. Bro. Abr. Charter of Pardon. Dyer, 34. Cowell. 4 Bl. Com. 400, 402. See the old form, Reg. Orig. 288, 308; and see 2 Reeves' Hist. Eng. Law, 437. An instrument in writing, 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 Prince's 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. Hubback's Evid. of Succession, 616. See Charter Rolls. (281) (282) et immobiles of the civil law. Reg. Orig. sentations to a church, estates by statute 93 b, nota. LL. Will. Nothi, apud Dufresne, merchant, statute staple, elegit, &c. 2 Bl. cited 2 Bl. Com. 386, note (e). Cowell, Com. 386. Co. Litt. 118 b. 1 Steph. voc. Catalls. Bract. fol. 102. The present Com. 262, 263. 2 Kent's Com. 342. 1 division of chattels into real and personal Crabb's Real Prop. 5, et seq. They are was introduced in the reign of Edward III. so called, as being interests issuing out 3 Reeves' Hist. Eng. Law, 15. See Chatof, or annexed to real estates, of which tels Real, Chattels Personal. they have one quality, viz. immobility, which denominates them real, but want the other, viz. a sufficient legal indeterminate duration; and this want it is that constitutes them chattels. 2 Bl. Com. 386. They are otherwise denominated estates less than freehold. 1 Steph. Com. 262. The term chattels is a more comprehensive one than goods, as it includes animate as well as inanimate property. 2 Chitt. Bl. Com. 383, note. In a devise, however, they seem to be of the same import. Shep. Touch. 447. 2 Fonbl. Equity, 335. In practice, they are almost always united in the expression goods and chattels, which is of very ancient date. 2 Steph. Com. 65. See Bona et catalla, Goods and Chattels, Effects, Personal estate, Moveables. tween things real, and things personal, they appertain to the division of things real. 2 Steph. Com. 65. Mr. Stephen observes of chattels real, that they are not properly the subjects of property, but rather modifications of property, or species of estates in a certain kind of subjects, viz. in things real. When **As to the etymology of this word, considered, indeed, in reference to the disthe singular chattel seems to be immeditinction between real and personal estate, ately formed from the Fr. chatelle, or chatel, they are held to fall under the latter de- (q. v.); the plural chattels, (or, as it was fornomination, their incidents being in general merly written, catals,) is supposed to be the same with those of property in movederived from the L. Lat. catalla, the chables; but as regards the distinction bebeing pronounced hard, as in the word charta, which is evident from the form of the old Norman plural, cateux, (q. v.) Catals is the form used in the Termes de la Ley, and Cowell. As to any further derivation, catalla or catalia is clearly shown by Spelman to be merely a contracted form of writing capitalia, which, with the singular capitale, or captale, occurs frequently in the Saxon and early English laws. See Capitale. The Fr. singular chatell may have been formed from the latter word. The primary meaning of capitalia was animals, beasts of husbandry, (otherwise called averia, q. v.) or cattle; in which last word it is still identically retained. This will appear from the extracts given under capitale, (q. v.) Capitalia is derived by Spelman from capita, heads; a term still popularly applied to beasts, as "so many heads of cattle." When the word took the form catalla, it continued to retain this primary meaning, but gradually acquired the secondary sense of moveables of any kind, inanimate as well as animate, and finally became used to signify interests in lands. 1 Steph. Com. 262. Dufresne II. 409. Bract. fol. 159 b. 2 Reeves' Hist. Eng. Law, 52. CHATTELS PERSONAL, otherwise called THINGS PERSONAL, comprise all sorts of things moveable, as goods, plate, money, jewels, implements of war, garments, animals and vegetable productions; as the fruit or other parts of a plant, when severed from the body of it, or the whole plant itself, when severed from the ground. 2 Steph. Com. 66, 67. 2 Bl. Com. 387. Besides things moveable, they include also certain incorporeal rights or interests, growing out of, or incident to them, such as patent rights and copyrights, to which Mr. Stephen has given the name of incorporeal chattels. 2 Steph. Com. 72. There are, however, many chattels, which, though they be even of a moveable nature, yet being necessarily attached to the freehold, and contributing to its value and enjoyment, go along with it, in the same path of descent or alienation. This is the case with the deeds and other papers which constitute the muniments of title to the inheritance, and so with heir looms. 2 Kent's Com. 343. A box of charters or deeds was always classed with chattels real. Cromp. Just. 33 b. Termes de la Ley. Cowell.