Legal Term Dictionary

Purity; continence. That virtue which prevents the unlawful intercourse of the sexes. Also the state of purity or abstinence from unlawful sexual connection. 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. More...

Purity; continence. That virtue which prevents the unlawful intercourse of the sexes. Also the state of purity or abstinence from unlawful sexual connection. 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. EX 1040, 60 Am. St. Rep. 592; People v. Mills, 94 Mich. 630, 54 N. W. 488. Less...

An article of personal property; 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. A Aid. 335; State v. Bartlett 55 Me. 211; State v. Brown, 9 Baxt (Tenn.) 54, 40 Am. Rep. More...

An article of personal property; 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. A 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; chattels real being interests in land which devolve after the manner of personal estate, as leaseholds. As opposed to freeholds, they are regarded as personal estate. But, as being interests in real estate, they are called "chattels real," to distinguish them from movables, which are called "chattels personal." Mozley A Whitley. Chattels personal are movables only; chattels 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; Insurance Co. v. Haven, 95 U. S. 251. 24 L. EM. 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 movable which may be annexed to or attendant on the person of the owner, and carried about with him from ono part of tbe world to another. 2 BL Comm. 387.—Real chattels. Such as concern, 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. Less...

An instrument of sale of personalty conveying the title of the property to the mortgagee with terms of defeasance; and, if the terms of redemption are not complied with, then, at common law, the title becomes absolute in the mort- gagee, Means v. Montgomery (C. C.) 23 Fed. 421; Stewart More...

An instrument of sale of personalty conveying the title of the property to the mortgagee with terms of defeasance; and, if the terms of redemption are not complied with, then, at common law, the title becomes absolute in the mort- 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-telyon v. Lansing, 2 Cainea, 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. f 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. 552, 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 m all cases, accompany the pledge, and, at a sale thereof by the pledgee to satisfy his demand, he cannot become the purchaser ; 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 (C. C.) 17 Fed. 778; Campbell v. Parker. 22 N. Y. Super. Ct. 322; People v. Remington, 59 Hun. 282, 12 N. Y. Supp. 824, 14 N. Y. Supp. 96; 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 m law if not redeemed by a given time; a pledge is a deposit of goods, redeemable on certain terms, either with or without 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 decree of foreclosure, or a sale without judicial process, on the refusal of the debtor to redeem, after reasonable notice to do so. Evans v. Darlington, 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 distinguishes such a sale from a mortgage. Weathersly v. Weathersly, 40 Miss. 462, 90 Am. Dec. 344. Less...

A homicide committed in the heat of an affray and while under the influence of passion; it is thus distinguished from chance-medley, which is the killing of a man In a casual affray in self-defense. 4 Bl. Comm. 184. See 1 Russ. Crimes, 660.

A homicide committed in the heat of an affray and while under the influence of passion; it is thus distinguished from chance-medley, which is the killing of a man In a casual affray in self-defense. 4 Bl. Comm. 184. See 1 Russ. Crimes, 660. Less...

A kind of tenure mentioned in a patent of 35 Edw. III. Cowell; Blount

A kind of tenure mentioned in a patent of 35 Edw. III. Cowell; Blount Less...

Money paid to the crown by the servants or purchasers of chauntry-lands. See CHANTRY.

Money paid to the crown by the servants or purchasers of chauntry-lands. See CHANTRY. Less...

Swindling; defrauding. "Deceitful practices in defrauding or endeavor* ing to defraud another of his known right by some toillful device, contrary to the plain rules of common honesty." Hawk. P. C b. 2, c 23, | L "The fraudulent obtaining the property of another by any deceitful and illegal practice More...

Swindling; defrauding. "Deceitful practices in defrauding or endeavor* ing to defraud another of his known right by some toillful device, contrary to the plain rules of common honesty." Hawk. P. C b. 2, c 23, | L "The fraudulent obtaining the property of another by any deceitful and illegal 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 effected by deceitful or illegal symbols or tokens 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. Less...

were officers appointed to look after the king's escheats, a duty which gave them great opportunities of fraud and oppression, and in consequence 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. More...

were officers appointed to look after the king's escheats, a duty which gave them great opportunities of fraud and oppression, and in consequence 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. Wharton. Less...

v. To control or restrain; to hold within bounds. To verify or audit Particularly used with reference to the control or supervision of one department bureau, or oftlce over another. —Check-roll In English law. A list or book, containing the names of such as are attendants on, or in the More...

v. To control or restrain; to hold within bounds. To verify or audit Particularly used with reference to the control or supervision of one department bureau, or oftlce over another. —Check-roll In English law. A list or book, containing the names of such as are attendants on, or in the pay of, the queen or other great personages, as their household servants. Less...

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 More...

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; Rank y. 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 Cat | 3254; Civ. Code Dak. § 1933. A check differs from an ordinary bill of exchange in the following particulars: (1) It is drawn on a bank or bankers, and is payable immediately on, presentment, without any days of grace. (2) It is payable immediately on presentment and no acceptance as distinct from payment is required. (3) By its terms it is supposed to be drawn upon a previous deposit of funds, and is an absolute appropriation of so much money In the hands of the bankers to the holder of the check, to remain there until called for, and cannot after notice be withdrawn by the drawer. Merchants' Nat Bank v. State Nat Bank, 10 Wall. 047. 19 L. Ed. 1008; In re Brown, 4 Fed. Cas. 342; People v. Compton, 123 Cal. 403, 56 Pac. 44. —Check-book. A book containing blank checks on a particular bank or banker, with an inner margin, called a "stub," on which to note the number of each check, its amount and date, and the payee's name, and a memorandum of the balance in bank.—Crossed check. A check crossed with two lines, between which are either the name of a bank or the words "and company," in full or abbreviated. In the former case, the banker on whom it is drawn must not pay the money for the check to any other than the banker named; in the latter case, he must not pay it to any other than a banker. 2 Steph. Comm. 118, note c—Memorandum check. A check given by a borrower to a lender, for the amount of a short loan, with the understanding that it is not to be presented at the bank, but will be redeemed by the maker himself when the loan falls due. This understanding is evidenced by writipg the word "Mem" on the check. This is not unusual among merchants. See U. S. v. Is-ham, 17 Wall. 502, 21 U Ed. 728; Turnbull v. Osborne, 32 Abb. Prac. (N. S.) (N. Y.) 202: Franklin Bank v. Freeman, 16 Pick. (Mass.) 539. Less...