KFLCC Kingdom Law 2nd Ed.

198

CHOSE IN ACTION

CHIROGRAPH

families. It is now grown entirely out of use, on account of the feebleness of its juris diction and want of power to entorce its judgments, as it could neither fine nor im prison, 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 com mon 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. CHOSE. Fr. A thing; an article of prop erty. A chose is a chattel personal, (Wil liams, Pers. Prop. 4,) and is either in posses sion or in action. See the following titles. — Chose local. A local thing; a thing annex ed to a place, as a mill. Kitchin, fol. 18; Cow ell; Blount.— Chose transitory. A thing which is movable, and may be taken away or carried from place to place. Cowell; Blount CHOSE IN ACTION. A right to per sonal things of which the owner has not the possession, but merely a right of action for their possession. 2 Bl. Comm. 389, 397; 1 Chit Pr. 99. A right to receive or recover a debt de mand, or damages on a cause of action ex contractu, or for a tort connected with con tract, but which cannot be made available without recourse to an action. Bushnell v. Kennedy, 9 Wall. 390, 19 L. Ed. 736; Turner v. State, 1 Ohio St. 426; Sheldon v. Sill, 8 How. 441, 12 L. Ed. 1147; People v. Tioga Common Pleas, 19 Wend. (N. T.) 73; Sterling v. Sims, 72 Ga. 53; Bank v. Holland, 99 Va. 495, 39 S. E. 126, 55 L. R. A. 155, 86 Am. St. Rep. 898. Personalty to which the owner has a right of possession in future, or a right of im mediate possession, wrongfully withheld, is termed by the law a "chose in action." Code Ga. 1882, § 2239. Chose in action is a phrase which is some times used to signify a right of bringing an ac tion, and, at others, the thing itself which forms the subject-matter of that right, or with regard to which that right is exercised; but it more properly includes the idea both of the thing it self and of the right of action as annexed to it Thus, when it is said that a debt is a chose in action, the phrase conveys the idea, not only of the thing itself, t. e., the debt, but also of the right of action or of recovery possessed by the

"chirographum," and which, being somewhat changed in form and manner by the Nor mans, was by them styled "charta." An ciently 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 Eng lish law. The title of the officer of the com mon pleas who engrossed fines in that court so as to be acknowledged into a perpetual record. Cowell. CHIROGRAPHUM. In Roman law. A handwriting; that which was written with 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 apnd debitorem reper tnm prsesumitur solutuin. An evidence of debt found in the debtor's possession is pre sumed 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 denomina tion of a surgeon. CHIVALRY. In feudal law. Knight service. Tenure in chivalry was the same as tenure by knight-service. 2 Bl. Comm. 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 ivell as pleas of life or member. It also cor rected encroachments in matters of coat-ar mor, precedency, and other distinctions of for debt Dig. 26, 7, 57, pr. A right of action for debt