Blacks Law Dict. 1st ed

CHARITY

195

CHARGE

formance. Com. Dig. "Rent," c. 6; 2 Ball & B. 223. In the law of wills. A responsibility or liability imposed by the testator upon a dev isee personally, or upon the land devised. In equity pleading. An allegation in the bill of matters which disprove or avoid a defense which it is alleged the defendant is supposed to pretend or intend to set up. Story, Eq. PL § 81. In equity practice. A paper presented to a master in chancery by a party to a cause, being a written statement of the items with which the opposite paity should be debited or should account for, or of the claim of the par ty making it. It is more comprehensive than a claim, which implies only the amount due to the person producing it, while a charge may embrace the whole liabilities of the ac counting party. Hoff. Mast. 36. In common-law practice. Thefinalad dress made by a judge to the jury trying a case, before they make up their verdict, in which he sums up the case, and instructs the jury as to the rules of law which apply to its various issues, and which they must observe, in de ciding upon their verdict, when they shall have determined the controverted matters of fact. The term also applies to the address of the couit to a giand jury, in which the latter are instructed as to their duties. In Scotch law. The command of the king's letters to perform some act; as a charge to enter heir. Also a messenger's ex ecution, requiring a person to obey the order of the king's letters; as a charge on letters of horning, or a charge against a superior. Bell. CHARGE AND DISCHARGE. 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 de fendant filed a counter-statement, called a "discharge," exhibiting any claims or de mands he held against the plaintiff. These served to define thefieldof investigation, and constituted the basis of the report. CHARGE DES AFFAIRES, or CHARGE D'AFFAIRES. The title of a diplomatic representative of inferior rank. He has not the title or dignity of a minister, though he may be chaiged with the functions and offices of the latter, either as a temporary substitute for a minister or at a court to

which his government does not accredit » minister. CHARGE-SHEET. A paper kept at a police-station to receive each night the namea of the persons brought and given into custody, the nature of the accusation, and the name of the accuser in each case. It is under the care of the inspector on duty. Wharton. CHARGE TO ENTER HEIR. In Scotch law. A writ commanding a person to enter heir to his predecessor within forty days, otherwise an action to be raised against him as if he had entered. CHARGEABLE. This word, in its or dinary acceptation, as applicable to the im position of a duty or burden, signifies capable of being charged, subject to be charged, liable to be charged, or proper to be charged. 46 Vt.625; 107 Mass. 419. CHARGEANT. Weighty; heavy; penal; expensive. Kelham. CHARGES. The expenses which have been incurred, or disbursements made, in connection with a contract, suit, or business transaction. Spoken of an action, it is said that the term includes more than what falls under the technical description of "costs." CHARGING ORDER. The name be stowed, in English practice, upon an order al lowed by St. 1 & 2 Viet. c. 110, § 14, and 3 & 4 Viet. c. 82. to be granted to a judgment cred itor, that the property of a judgment debtor in government stock, or in the stock of any public company in England, coi porate or oth erwise, shall (whether standing in his own name or in the name of any person in trust for him) stand chaiged with the payment of the amount for which judgment shall have been recovered, with interest. 3 Steph. Comm. 587, 588. CHARITABLE USES, CHARITIES. Gifts to general public uses, which may ex tend to the rich, as well as the poor. Amb. 651; 2Sneed, 305. Gifts to such purposes as are enumerated in the act 43 Eliz. c. 4, or which, by analogy, are deemed within its spirit or intendment. Boyle, Char. 17. CHARITY. Subjectively, the sentiment or motive of benevolence and philanthropy; the disposition to relieve the distressed. Ob jectively, alms-giving; acts of benevolence; relief, assistance, or services accorded to the needy without return. Also gifts for the

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