KFLCC Kingdom Law 2nd Ed.

CHARTER-PARTY

194

CHATTEL MORTGAGE

La. Ann. 193, 3 South. 730; Drinkwater v. The Spartan, 7 Fed. Cas. 1085. A contract of affreightment in writing, by which the owner of a ship lets the whole or a part of her to a merchant, for the conveyance of goods on a particular voyage, in considera tion of the payment of freight. 3 Kent, Comm. 201. A written agreement, not usually under seal, by which a ship-owner lets an entire ship, or a part of it, to a merchant for the conveyance of gopds, binding himself to transport them to a particular place for a sum of money which the merchant under takes to pay as freight for their carriage. Maude & P. Mer. Shipp. 227. The contract by which a ship is let is termed a "charter-party." By it the owner may either let the capacity or burden of the ship, continuing the employment of the own er's master, crew, and equipments, or may surrender the entire ship to the charterer, who then provides them himself. The mas ter or part owner may be a charterer. Civil Code Cal. g 1959; Civil Code Dak. § 1127. CHARTERED SHIP. A ship hired or freighted; a ship which is the subject-matter of a charter-party. In mercantile law. One who charters (i. e., hires or engages) a ves sel for a voyage; a freighter. 2 Steph. Comm. 184; 3 Kent, Comm. 137; Turner v. Cross, 83 Tex. 218, 18 S. W. 578, 15 L. R. A. 262. (For return ing the charters.) An ancient writ which lay against one who had charters of feoffment intrusted to his keeping and refused to de liver them. Reg. Orig. 159. CHARTERER. CHARTIS REDDENDIS.

in that it is not inclosed, yet it must have certain metes and bounds, but it may be in other men's grounds, as well as in one's own. Manwood, 49. —Common chase. In old English law. A place where all alike were entitled to hunt wild animals. Purity; continence. That virtue which prevents the unlawful inter course of the sexes. Also the state of purity or abstinence from unlawful sexual connec tion. People v. Brown, 71 Hun, 601, 24 N. Y. Supp. 1111; People v. Kehoe, 123 Cal. 224, 55 Pac. 911, 69 Am. St Rep. 52; State v. Carron, 18 Iowa, ,375, 8T Am. Dec 401. —Chaste character. This term, as used in statutes, means actual personal virtue, and not reputation or good name. It may include the character of one who was formerly unchaste but is reformed. Kenyon v. People, 26 N. Y. 203, 84 Am. Dec. 177; Boak v. State, 5 Iowa, 430; People v. Nelson, 153 N. Y. 90, 46 N. E. 1040, 60 Am. St. Rep. 592; People v. Mills, 94 Mich. 630, 54 N. W. 488. An article of personal prop erty; any species of property not amounting to a freehold or fee in land. People v. Hol brook, 13 Johns. (N. Y.) 94; Hornblower v Proud, 2 Barn. & Aid. 335; State v. Bartlett, 55 Me. 211; State v. Brown, 9 Baxt (Tenn.) 54, 40 Am. Rep. 81. The name given to things which in law are deemed personal property. Chattels are divided into chattels real and chattels personal; chat tels real being interests in land which devolve after the manner of personal estate, as lease holds. As opposed to freeholds, they are re garded as personal estate. But, as being in terests in real estate, they are called "chattels real," to distinguish them from movables, which are called "chattels personal." Mozley & Whit ley. Chattels personal are movables only; chat tels real are such as savor only of the realty. Putnam v. Westcott, 19 Johns. (N. Y.) 73; Hawkins v. Trust Co. (C. C.) 79 Fed. 50; In surance Co. v. Haven, 95 U. S. 251, 24 L. Ed. 473; Knapp v. Jones, 143 111. 375, 32 N. E. 382. The term "chattels" is a more comprehensive one than "goods," as it includes animate as well as inanimate property. 2 Chit. Bl. Comm. 383, note. In a devise, however, they seem to be of the same import. Shep. Touch. 447; 2 Fonbl. Eq. 335. —Chattel interest. An interest in corporeal hereditaments less than a freehold. 2 Kent, Comm. 342.—Personal chattels. Things mov able which may be annexed to or attendant on the person of the owner, and carried about with him from one part of the world to another. 2 BL Comm. 387.—Real chattels. Such as con cern, or savor of, the realty, such as leasehold estates; interests issuing out of, or annexed to, real estate*; such chattel interests as devolve after the manner of'realty. 2 Bl. Comm. 386. An instru ment of sale of personalty conveying the title of the property to the mortgagee with terms of defeasance; and, if the terms of redemp tion are not complied with, then, at common law, the title becomes absolute in the mort- CHASTITY. CHATTEL. CHATTEL MORTGAGE.

CHARTOPHYLAX. In old European law. A keeper of records or public instru ments ; a chartulary; a registrar. Spelman.

CHARUE.

In old English law. A plow.

beasts of the plow.

Bestea des dhorues;

CHASE. The liberty or franchise of hunting, one's self, and keeping protected against all other persons, beasts of the chase within a specified district, without regard to the ownership of the land. 2 Bl. Comm. 414-416. A privileged place for the preservation of deer and beasts of the forest, of a middle nature between a forest and a park. It is commonly less than a forest, and not endow ed with so many liberties, as officers, laws, courts; and yet it is of larger compass than a park, having more officers and game than a park. Every forest is a chase, but every enase is not a forest It differs from a park

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