KFLCC Kingdom Law 2nd Ed.

CHATTEL MORTGAGE

195

CHECK

gagee. Means v. Montgomery (C. C.) 23 Fed. 421; Stewart v. Slater, 6 Duer (N.Y.) 99. A transfer of personal property as security for a debt or obligation in such form that, upon failure of the mortgagor to comply with the terms of the contract, the title to the property will be in the mortgagee. Thomas, Mortg. 427. An absolute pledge, to become an absolute interest if not redeemed at a fixed time. Cor telyou v. Lansing, 2 Caines, Cas. (N. Y.) 200, per Kent, Ch. A conditional sale of a chattel as security for the payment of a debt or the performance of some other obligation. Jones, Chat. Mortg. S 1. Alferitz v. Ingalls (C. C.) 83 Fed. 964; People v. Remington, 59 Hun, 282, 12 N. Y. Supp. 824, 14 N. Y. Supp. 98; Allen v. Stei ger, 17 Colo. 952, 31 Pac. 226. A chattel mortgage is a conditional transfer or conveyance of the property itself. The chief distinctions between it and a pledge are that in the latter the title, even after condition broken, does not pass to the pledgee, who has only a lien on the property, but remains in the pledgeor, who has the right to redeem the property at any time before its sale. Besides, the possession of the property must, in all cases, accompany the pledge, and, at a sale thereof by the pledgee to satisfy his demand, he cannot become the pur chaser ; while by a chattel mortgage the title of the mortgagee becomes absolute at law, on the default of the mortgagor, and it is not essential to the validity of the instrument that possession of the property should be delivered, and, on the foreclosure of the mortgage, the mortgagee is at liberty to become the purchaser. Mitchell v. Roberts (CL C.) 17 Fed. 778: Campbell v. Par ker, 22 N. Y. Super. Ct. 322; People v. Rem ington, 59 Hun, 282, 12 N. Y. Supp. 824, 14 N. Y. Supp. 98; McCoy v. Lassiter, 95 N. C. 91; Wright v. Ross. 36 Cal. 414; Thurber v. Oliver (C. C.) 26 Fed. 224; Thompson v. Dolliver, 132 Mass. 103; Lobban v. Garnett, 9 Dana (Ky.) 389. The material distinction between a pledge and a mortgage of chattels is that a mortgage is a conveyance of the legal title upon condition, and it becomes absolute in law if not redeemed by a given time; a pledge is a deposit of goods, re deemable on certain terms, either with or with out a fixed period for redemption. In pledge, the general property does not pass, as in the case of mortgage, and the pawnee has only a special property in the thing deposited. The pawnee must choose between two remedies,—a bill in chancery for a judicial sale under a de cree of foreclosure, or a sale without judicial process, on the refusal of the debtor to redeem, after reasonable notice to do so. Evans v. Dar lington, 5 Blackf. (Ind.) 320. In a conditional sale the purchaser has merely a. right to repurchase, and no debt or obligation exists on the part of the vendor; this distin guishes such a sale from a mortgage. Weathers ly v. Weathersly, 40 Miss. 462, 90 Am. Dec. 344. A homicide com mitted in the heat of an affray and while un der the influence of passion; it is thus dis tinguished from chance-medley, which is the killing of a man in a casual affray in self-de fense. 4 Bl. Comm. 184. See 1 Russ. Crimes, 660. CHAUMPERT. A kind of tenure men tioned in a patent of 35 Edw. III. Cowell; Blount CHATJD-MEDUEY.

CHAUNTRY RENTS. Money paid to the crown by the servants or purchasers of chauntry-lands. See OHANTBY.

CHEAT.

Swindling; defrauding. "De

ceitful practices in defrauding or endeavor ing to defraud another of his known right, by some vnllful device, contrary to the plain rules of common honesty." Hawk. P. C. b. 2, c. 23, § 1. "The fraudulent obtaining the property of another by any deceitful and ille gal practice or token (short of felony) which affects or may affect the public." Steph. Crim. Law, 93. Cheats, punishable at common law, are such cheats (not amounting to felony) as are ef fected by deceitful or illegal symbols or tok ens which may affect the public at large, and against which common prudence could not have guarded. 2 Whart Crim. Law, §1116; 2 East, P. C. 818; People v. Babcock, 7 Johns. (N. Y.) 201, 5 Am. Dec. 256; Von Mumm v. Frash (C. C.) 56 Fed. 836; State v. Parker, 43 N. H. 85. were officers appointed to look after the king's es cheats, a duty which gave them great oppor tunities of fraud and oppression, and in con sequence many complaints were made of their misconduct. Hence it seems that a cheater came to signify a fraudulent person, and thence the verb to cheat was derived. Whar ton. To control or restrain; to hold within bounds. To verify or audit Particularly used with reference to the con trol or supervision of one department, bu reau, or office over another. —Check-roll. In English law. A list or book, containing the names of such as are at tendants on, or in the pay of, the queen or other great personages, as their household servants. CHECK, n. A draft or order upon a bank or banking-house, purporting to be drawn upon a deposit of funds, for the payment at all events of a certain sum of money to a certain person therein named, or to him or his order, or to bearer, and payable instantly on demand. 2 Daniel, Neg. Inst. § 1566; Bank v. Patton, 109 111. 484; Douglass v. Wilkeson, 6 Wend. (N. Y.) 643; Thompson v. State, 49 Ala. 18; Bank v. Wheaton, 4 R. I. 33. A check is a bill of exchange drawn upon a bank or banker, or a person described as such upon the face thereof, and payable on demand, without interest Civ. Code Cal. § 3254; Civ. Code Dak. § 1933. A check differs from an ordinary bill of ex change in the following particulars: (1) It is drawn on a bank or bankers, and is payable im mediately on presentment, without any days of grace. (2) It is payable immediately on present ment, and no acceptance as distinct from pay ment is required. (3) By its terms it is sup posed to be drawn upon a previous deposit of funds, and is an absolute appropriation of so CHEATERS, or ESCHEATORS, CHECK, v.