Blacks Law Dict. 1st ed

CHIMIK

200

CHIEF LOKD

In wills, where greater latitude of construction is allowed, in order to effect the obvious intention of the testator, the meaning of the word has some times been extended, so as to include grandchil dren, and it has been held to be synonymous with issue. Lewis, Perp. 195,196; 2 Crabb, Real Prop, pp. 38, 89, §§ 988, 989; 4 Kent, Comm. 345,346, note. The word "heirs," in its natural .signification, is a word of limitation; and it is presumed to be used in that sense, unless a contrary intention ap pears. But the term "children," in its natural sense, is a word of purchase, and is to be taken to have been used as such, unless there are other ex pressions in the will showing that the testator in tended to use it as a word of limitation only. 4 Paige, 293; 3 Wend. 503. In the natural and primary sense of the word "children," it implies immediate offspring, and, in its legal acceptation, is not a word of limitation, unless it is absolutely necessary so to construe it in order to give effect to the testator's intention. 39 Ala. 24. "Children" is ordinarily a word of description, limited to persons standing in the same relation, and has the same effect as if all the names were given; but heirs, in the absence of controlling or explanatory words, includes more remote descend ants, and is to be applied per stirpes. 14 Allen, 204. CHILDWIT. In Saxon law. The right which a lord had of taking a fine of his bond woman gotten with child without his li cense. Termes de la hey; Co well. CHILTERN HUNDREDS. In English law. The stewardship of the Chiltern Hun dreds is a nominal office in the gift of the' crown, usually accepted by members of the house of commons desirous of vacating their seats. By law a member once duly elected to parliament is compelled to discharge the duties of the trust conferred upon him, and is not enabled at will to resign it. But by statute, if any member accepts any office of profit from the crown, (except officers in the army or navy accepting a new commission,) his seat is vacated. If, therefore, any member wishes to retire from the representation of the county or borough by which he was sent to parlia ment, he applies to the lords of the treasury for the stewardship of one of the Chiltern Hundreds, which having received, and there by accomplished bis purpose, he again re signs the office. Brown. CHIMIN. In old English law. A road, way, highway. It is either the queen's high way (chiminus regime) or a private way. The first is that over which the subjects of the realm, and all others under the pro tection of the crown, have free liberty to pass, though the property in the soil itself belong to some private individual; the lust is that in which one person or more have lib

kingdom, and, by virtue of his office, guard ian of the realm in the king's absence. 3 Bl. Comm. 38. CHIEF LORD. The immediate lord of the fee, to whom the tenants were directly and personally responsible. CHIEF PLEDGE. The borsholder, or chief of the borough. Spelman. CHIEF RENTS. In English law. Were the annual payments of freeholders of man ors; and were also called "quit-rents," be cause by paying them the tenant was freed from all other rents or services. 2 Bl. Comm. 42. CHIEF, TENANT IN. In English feudal law. All the land in the king dom was supposed to be holden medi ately or immediately of the king, who was styled the "Lord Paramount," or "Lord Above All;" and those that held immediate ly under him, in right of his crown and dig nity, were called his tenants "in capite" or "in chief," which was the most honorable species of tenure, but at the same time sub jected the tenant to greater and more burden some services than inferior tenures did. Brown. CHIEFRIE. In feudal law. A small rent paid to the lord paramount. CHILD. This word has two meanings in law: (1) In the law of the domestic rela tions, and as to descent and distribution, it is used strictly as the correlative of "parent," and means a son or daughter considered as in relation with the father or mother. (2) In the law of negligence, and in laws for the protection of children, etc., it is used as the opposite of "adult," and means the young of the human species, (generally under the age of puberty,) without any reference to parent age and without distinction of sex. CHILDREN. Offspring; progeny. Le gitimate offspring; children born in wedlock. 7 Ves. 458; 5 Scott, K. B. 990. The general rule is that "children, "in a bequest or devise, means legitimate children. Under a de vise or bequest to children, as a class, natural chil dren are not included, unless the testator's inten tion to include them is manifest, either by express designation or necessary implication. 14 N. J. Eq. 169; 2 Paige, 11. In deeds, the word "children" signifies the im mediate descendants ef a person, in the ordinary sense of the word, as contradistinguished from issue; unless there be some accompanying ex pressions, evidencing that the word is used in an enlarged sense. Lewis, Perp. 196.

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