英文法律词典 C-32

CHILDISHNESS. Weakness of intellect, such as that of a child.

2. When the childishness is so great that a man has lost his memory, or is incapable¹ to plan a proper disposition² of his property, he is unable to make a will. Swinb. part. 11, 1; 6 Co. 23. See 9 Conn. 102; 9 Phil. R. 57.

CHIMIN. This is a corruption³ of the French word chemin, a highway. It is used by old writers. Com. Dig. Chimin.

CHINESE INTEREST. Interest for money charged in China. In a case where a note was given in China, payable⁴ eighteen months after date, without, any stipulation⁵ respecting interest, the court allowed the Chinese interest of one per cent. per month, from the expiration⁶ of the eighteen months. 2 Watts⁷ & Serg. 227, 264.

CHIROGRAPH, conveyancing. Signifies a deed or public instrument in writing. Chirographs were anciently attested⁸ by the subscription⁹ and crosses of witnesses; afterwards, to prevent frauds and concealments, deeds of mutual¹⁰ covenant¹¹ were made in a script and rescript, or in a part and counterpart; and in the middle, between the two copies, they drew the capital letters of the alphabet, and then tallied¹², or cut asunder¹³ in an indented¹⁴ manner, the sheet or skin of parchment, oneof which parts being delivered to each of the parties, were proved authentic¹⁵ by matching with and answering to one another. Deeds thus made were denominated syngrapha, by the canonists, because that word, instead of the letters of the alphabet, or the word chirographum, was used. 2 Bl. Com. 296. This method of preventing counterfeiting¹⁶, or of detecting counterfeits¹⁷, is now used by having some ornament¹⁸ or some word engraved¹⁹ or printed at one end of certificates of stocks, checks, and a variety of other instruments, which are bound up in a book, and after they are executed, are cut asunder through such ornament or word.

2. Chirograph is also the last part of, a fine of land, commonly called the foot of the fine. It is an instrument of writing beginning with these. words: " This is the final agreement," &c. It includes the whole matter, reciting the parties, day, year and place, and before Whom the fine was acknowledged and levied²⁰. Cruise, Dig. tit. 35, c. 2, s. 52. Vide Chambers²¹' Diet. h. t.; Encyclopaedia²² Americana, Charter; Encyclopedie de D'Alembert, h. t.; Pothier, Pand. tom. xxii. p. 73.

CHIROGRAPHER. A word derived²³ from the Greek, which signifies "a writing with a man's hand." A chirographer is an officer of the English court of C. P.who engrosses²⁴ the fines, and delivers the indentures²⁵ of them to the parties, &c.

CHIVALRY²⁶, ancient Eng. law. This word is derived from the French chevelier, a horseman. It is. the name of a tenure²⁷ of land by knight's service. Chivalry was of two kinds: the first; which was regal, or held only of the king; or common, which was held of a common person. Co. Litt. h. t.

CHOICE. Preference either of a person or thing, to one of several other persons or things. Election. (q. v.)

CHOSE, property. This is a French word, signifying thing. In law, it is applied²⁸ to personal property; as choses in possession, are such personal things of which one has possession; choses in action, are such as the owner has not the possession, but merely a right of action for their possession. 2 Bl. Com. 889, 397; 1 Chit. Pract. 99; 1 Supp. to Ves. Jr. 26, 59. Chitty defines choses in actions to be rights to receive or recover a debt, or money, or damages for breach²⁹ of contract, or for a tort connected with contract, but which cannot be enforced without action, and therefore termed choses, or things in action. Com. Dig. Biens; Harr. Dig. Chose in ActionChitty's Eq. Dig. b. t. Vide 1 Ch. Pr. 140.

2. It is one of the qualities of a chose in action, that, at common law, it is not assignable. 2 John. 1; 15 Mass. 388; 1 Crancb, 367. But bills of exchange and promissory notes, though choses in action, may be assigned by indorsement, when payable to order, or by delivery when payable to bearer. See Bills of Exchange.

3. Bonds are assignable in Pennsylvania, and perhaps some other states, by virtue³⁰ of statutory provisions.Inequity, however, all choses in action are assignable and the assignee has an equitable³² right to enforce the fulfilment of the obligation in the name of the assignor. 4 Mass. 511; 3 Day. 364; 1 Wheat. 236; 6 Pick. 316 9 ow. 34; 10 Mass. 316; 11 Mass. 157, n. 9 S. & R. 2441; 3 Yeates, 327; 1 Binn. 429; 5 Stew³³. & Port. 60; 4 Rand. 266; 7 Conn. 399; 2 Green, 510; Harp³⁴. 17; Vide, generally, Bouv. Inst. Index, h. t.

4. Rights arising ex delicto are not assignable either at law or in equity³¹.