Blacks Law Dict. 1st ed

CHOEEPISCOPUS

201

CHIMINAGE

a person's own hand. An obligation which a person wrote or subscribed with his own hand; an acknowledgment of debt, as of money received, with a promise to repay. An evidence or voucher of debt: a security Chirographum apud debitorem re pertum praesumitur solutum. An evi dence of debt found in the debtor's posses sion is presumed to be paid. Halk. Max. 20; Bell, Diet. Chirographum non extans presumitur solutum. An evidence of debt not existing is presumed to have been discharged. Tray. Lat. Max. 73. CHIRURGEON. The ancient denom ination of a surgeon. CHIVALRY. In feudal law. Knight service. Tenure in chivalry was the same as tenure by knight-service. 2 Bl. Cotnm. 61, 62. CHIVALRY, COURT OF. In English law. The name of a court anciently held as a court of honor merely, before the earl-mar shal, and as a criminal court before the lord high constable, jointly with the earl-marshal. It had jurisdiction as to contracts and other matters touching deeds of arms or war.as well as pleas of life or member. It also corrected encroachments in matters of coat-armor, precedency, and other distinctions of fami lies. It is now grown entirely out of use, on account of the feebleness of its jurisdic tion and want of power to enforce its judg ments, as it could neither fine nor imprison, not being a court of record. 3 Bl. Comm. 68; 4 Broom. & H. Comm. 360, note. CHOP-CHURCH. A word mentioned in 9 Hen. VI. c. 65, by the sense of which it was in those days a kind of trade, and by the judges declared to be lawful. But Brooke, in his abridgment, says it was only permissi ble by law. It was, without doubt, a nick name given to those who used to change benefices, as to "chop and change" is a common expression. Jacob. CHOPS. The mouth of a harbor. Pub. St. Mass. 1882, p. 1288. CHORAL. In ancient times a person ad mitted to sit and worship in the choir; a chorister. CHOREPISCOPUS. In old European law. A rural bishop, or bishop's vicar. Spelman; Cowell. for debt. Dig. 26, 7, 57, pr. A right of action for debt.

erty to pass over the land of another, by pre scription or charter. Wharton. CHIMINAGE. A toll for passing on a way through a forest; called in the civil law "pedagium." Cowell. CHIMINUS. The way by which the king and all his subjects and all under his protec tion have a right to pass, though the property of the soil of each side where the way lieth may belong to a private man. Cowell. CHIMNEY MONEY, or HEARTH MONEY. A tax upon chimneys or hearths; an ancient tax or duty upon houses in Eng land, now repealed. CHIPPINGAVEL. In old English law. A tax upon trade; a toll imposed upon traffic, or upon goods brought to a place to be sold. CHIRGEMOT, CHIRCHGEMOT. In Saxon law. An ecclesiastical assembly or court. Spelman. A synod or meeting in a church or vestry. 4 Inst. 321. CHIROGRAPH. In old English law. A deed or indenture; also the last part of a fine of land. An instrument of gift or conveyance at tested by the subscription and crosses of the witnesses, which was in Saxon times called " chirographum," and which, being some what changed in form and manner by the Normans, was by them styled "charta." Anciently when they made a chirograph or deed which required a counterpart, as we call it, they engrossed it twice upon one piece of parchment contrariwise, leaving a space be tween, in which they wrote in capital letters the word "chirograph," and then cut the parchment in two through the middle of the word, giving a part to each party. Cowell. In Scotch law. A written voucher for a debt. Bell. In civil and canon law. An instrument written out and subscribed by the hand of the party who made it, whether the king or a private person. Cowell. CHIROGRAPHA. In Roman law. Writ ings emanating from a single party, the debtor. CHIROGRAPHER OF FINES. In English law. The title of the officer of the eommon pleas who engrossed tines in that eourt so as to be acknowledged into a per petual record. Cowell. CHIROGRAPHUM. In Roman law. A handwriting; that which was written with

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