CHANCELLOR, is an officer appointed to preside over a court of chancery, invested with various powers, in the several states. The office of chancellor is of Roman origin. He appears at first to have been a chief scribe or secretary, but he was afterwards invested with judicial power, and had the superintendence over the other officers of the empire. From the Romans, the title and office passed to the church, and therefore every bishop of the catholic church has to this day, his chancellor, the principal judge of his consistory. When the modern kingdoms of Europe were established upon the ruins of the empire, almost every state preserved its chancellor, with different

Litt. 117; 5 John. Ch. R. 44. This offence differs from maintenance, in this, that in the latter the person assisting the suitor receives no benefit, while in the former he receives one half, or other portion, of the thing sued for. Punishment, fine and imprisonment. 4 Bl. Com. 135. This was an offence in the civil law. Poth. Pand. lib. 3, t. 1. App. n. 1, tom. 3, p. 104; 15 Ves. 139; 7 Bligh's R. 369; S. C. 20 E. C. L. R. 165; 5 Moore & P. 193; 6 Carr. & P. 749, S. C. 25 E. C. L. R. 631; 1 Russ. Cr. 179; Hawk. P. C. b. 1, c. 84, s. 5. To maintain a defendant may be champerty. Hawk. P. C. b. 1, c. 84, s. 8; 3 Ham. 541; 6 Monr. 392; 8 Yerg. 484; 8 John. 479; 1 John. Ch. R. 444; 7 Wend. 152; 3 Cow-jurisdictions and dignities, according en, 624; 6 Cowen, 90. to their different constitutions. In all he seems to have had a supervision of all charters, letters and such other public instruments of the crown, as were authenticated in the most solemn manner, and when seals came into use, he had the custody of the public seal. An officer bearing this title is to be found in most countries of Europe, and is generally invested with extensive authority. The title and office of chancellor came to us from England. Many of our state constitutions provide for the appointment of this officer, who is by them, and by the laws of the several states, invested with power as they provide. Vice Encyclopédie, h. t.; Encycl. Amer. h. t.; Dict. de Jur. h. t. ; Merl. Rép. h. t. ; 4 Vin. Ab. 374; Blake's Ch. Index, h. t. ; Wooddes. Lect. 95.

CHAMPION, he who fights for another, or takes his place in a quarrel; it also includes him who fights his own battles. Bract. lib. 4, t. 2, c. 12. CHANCE, accident. As the law punishes a crime only when there is an intention to commit it, it follows that when those acts are done in the performance of a lawful act by mere chance or accident, which would have amounted to a crime if there had been an intention express or implied to commit them, there is no crime. For example, if workmen were employed in blasting rocks in a retired field, and a person not knowing of the circumstance should enter the field, and be killed by a piece of the rock, there would be no guilt in the workmen. 1 East, P. C. 262; Foster, 262; 1 Hale's P. C. 472; 4 Bl. Com. 192. Vide Accident.

CHANCERY. The name of a court exercising jurisdiction at law, but mainly in equity. It is not easy CHANCE-MEDLEY, criminal to determine how courts of equity law, is a sudden affray; this word is originally obtained the jurisdiction sometimes applied to any manner of they now exercise. Their authority homicide by misadventure, but in and the extent of it have been substrictness it is applicable to such kill-jects of much question, but time has ing only as happens se defendendo, firmly established them; and the (q. v.) 4 Bl. Com. 184. limits of their jurisdiction seem to be

in a great degree fixed and ascertain- distinguished into two classes; "those ed. 1 Story on Eq. ch. 2; Mitf. which are administered in courts of Pl. Introd.; Coop. Eq. Pl. Introd. law, and those which are administerThe judge of the court of chancery, ed in courts of equity. The rights often called a court of equity, bears secured by the former are called the title of chancellor. The equity legal; those secured by the latter are jurisdiction in England is vested, prin- called equitable. The former are said cipally, in the high court of chan- to be rights and remedies at common cery. This court is distinct from law, because recognised and enforced courts of law. "American courts of in courts of common law. The latequity are, in some instances, distinct ter are said to be rights and remefrom those of law; in others, the dies in equity, because they are adsame tribunals exercise the jurisdic- ministered in courts of equity or tion both of courts of law and equity, chancery, or by proceedings in other though their forms of proceeding are courts analogous to those in courts different in their two capacities. The of equity or chancery. Now, in supreme court of the United States, England and America, courts of and the circuit courts, are invested common law proceed by certain prewith general equity powers, and act scribed forms, and give a general either as courts of law or equity, ac- judgment for or against the defencording to the form of the process and dant. They entertain jurisdiction the subject of adjudication. In some only in certain actions, and give of the states, as New York, Virginia remedies according to the particular and South Carolina, the equity court exigency of such actions. But there is a distinct tribunal, having its ap- are many cases in which a simple propriate judge, or chancellor, and judgment for either party, without officers. In most of the states, the qualifications and conditions, and two jurisdictions centre in the same particular arrangements, will not do judicial officers, as in the courts of entire justice, ex æquo et bono, to the United States; and the extent of either party. Some modification of equity jurisdiction and proceedings is the rights of both parties are revery various in the different states, quired; some restraints on one side being very ample in Connecticut, New or the other; and some peculiar adYork, New Jersey, Maryland, Vir-justments, either present or future, ginia and South Carolina, and more temporary or perpetual. Now, in restricted in Maine, Massachusetts, all these cases, courts of common Rhode Island and Pennsylvania. But law have no methods of proceeding, the salutary influence of these powers which can accomplish such objects. on the judicial administration gene- Their forms of actions and judgment rally, by the adaptation of chancery are not adapted to them. The proforms and modes of proceeding to per remedy cannot be found, or many cases in which a court of law cannot be administered to the full affords but an imperfect remedy, or extent of the relative rights of all no remedy at all, is producing a gra- parties. Such prescribed forms of dual extension of them in those states actions are not confined to our law. where they have been heretofore very They were known in the civil law; limited." and the party could apply them only to their original purposes. In other cases, he had a special remedy. In such cases, where the courts of common law cannot grant the proper

The jurisdiction of a court of equity differs essentially from that of a court of law. The remedies for wrongs or for the enforcement of right, may be

remedy or relief, the law of England | at law. In many cases falling under and of the United States (in those these heads, and especially in some states where equity is administered) cases of fraud, mistake and acciauthorises an application to the dent, courts of law cannot and do not courts of equity or chancery, which afford any redress; in others they do, are not confined or limited in their but not always in so perfect a manmodes of relief by such narrow ner. A court of equity also is assistregulations, but which grant relief to ant to the jurisdiction of courts of all parties, in cases where they have law, in many cases, where the latter rights, ex æquo et bono, and modify have no like authority. It will reand fashion that relief according to move legal impediments to the fair circumstances. The most general decision of a question depending at description of a court of equity is, law. It will prevent a party from that it has jurisdiction in cases where improperly setting up, at a trial, some a plain, adequate and complete re- title or claim, which would be inequit medy cannot be had at law; that able. It will compel him to discover, is, in the common law courts. The on his own oath, facts which he remedy must be plain; for, if it knows are material to the right of the be doubtful and obscure at law, other party, but which a court of law equity, will assert a jurisdiction. So cannot compel the party to discover. it must be adequate at law; for, if It will perpetuate the testimony of it fall short of what the party is en- witnesses to rights and titles, which titled to, that founds a jurisdiction in are in danger of being lost before the equity. And it must be complete; matter can be tried. It will provide that is, it must attain its full end at for the safety of property in dispute law; it must reach the whole mis- pending litigation. It will counterchief and secure the whole right of act and control, or set aside, fraudthe party, now and for the future; ulent judgments. It will exercise, otherwise equity will interpose, and in many cases, an exclusive juris give relief. The jurisdiction of a diction. This it does in all cases of court of equity is sometimes concur- merely equitable rights, that is, such rent with that of courts of law; and rights as are not recognised in courts sometimes it is exclusive. It exer- of law. Most cases of trust and concises concurrent jurisdiction in cases fidence fall under this head. where the rights are purely of a legal exclusive jurisdiction is also extennature, but where other and more sively exercised in granting special efficient aid is required than a court relief beyond the reach of the comof law can afford, to meet the diffi- mon law. It will grant injunctions culties of the case, and ensure full to prevent waste, or irreparable inredress. In some of these cases courts jury, or to secure a settled right, or of law formerly refused all redress; to prevent vexatious litigations, or to but now will grant it. But the juris- compel the restitution of title deeds; diction having been once justly ac- it will appoint receivers of property, quired at a time when there was no where it is in danger of misapplicasuch redress at law, it is not now tion; it will compel the surrender of relinquished. The most common securities improperly obtained; it will exercise of concurrent jurisdiction is prohibit a party from leaving the in cases of account, accident, dower, country in order to avoid a suit; it fraud, mistake, partnership and parti- will restrain any undue exercise of a tion. The remedy is here often more legal right, against conscience and complete and effectual than it can be equity; it will decree a specific perVOL. 1.-22.

Its

CHANGE TICKET. The name given in Arkansas to a species of promissory notes issued for the purpose of making change in small transactions. Ark. Rev. Stat. ch. 24. CHAPLAIN. A clergyman appointed to say prayers and perform divine service. Each house of congress usually appoints its own chap-ciple admissible whenever a reasonlain. able presumption arises from it, as CHAPMAN. One whose business to the fact in question; in practice

it is admitted whenever the character of the party is involved in the issue. See 2 St. Tr. 1038; 1 Coxe's Rep. 424; 5 Serg. & R. 352; 3 Bibb, R. 195; 2 Bibb, R. 286; 5 Day, R. 260; 5 Esp. C. 13; 3 Camp. C. 519; 1 Camp. C. 460; Str. R. 925.

opinion; or he may attack such witness's general character, and by fresh evidence support the character of his own. 2 Stark. C. 151; Ib. 241; St. Ev. pt. 4, 1753 to 1758; 1 Phil. Ev. 229. A party cannot give evidence to confirm the good character of a witness, unless his general character has been impugned by his antagonist. 9 Watts, R. 124.

may be given, as that she was a street walker; but evidence of speci fic acts of criminality cannot be admitted. 3 Carr. & P. 589. The regular mode is to inquire whether the witness under examination has the means of knowing the former witness's general character, and 2. In some instances evidence in whether from such knowledge he disparagement of character is admis- would believe him on his oath. 4 St. sible, not in order to prove or dis- Tr. 693; 4 Esp. C. 102. In answer prove the commission of a particular to such evidence against character, fact, but with a view to damages. the other party may cross-examIn actions for criminal conversation ine the witness as to his means of with the plaintiff's wife, evidence knowledge, and the grounds of his may be given of the wife's general bad character, for want of chastity, and even of particular acts of adultery committed by her, previous to her intercourse with the defendant. B. N. P. 27, 296; 12 Mod. 232; 3 Esp. C. 236. See 5 Munf. 10. In actions for slander and libel, when the defendant has not justified, evidence of the plaintiff's bad character has also been admitted. 3 Camp. C. 251; 1 M. & S. 284; 2 Esp. C. 720; 2 Nott & M'Cord, 511; 1 Nott & M'Cord, 268; and see 11 Johns. R. 38; 1 Root, R. 449; 1 Johns. R. 46. The ground of admit- CHARGE, practice, is the opinting such evidence is, that a person ion expressed by the court to the jury of disparaged fame is not entitled to on the law arising out of a case before the same measure of damages with them. It should contain a clear and one whose character is unblemished. explicit exposition of the law, when When, however, the defendant justi- the points of the law in dispute arise fies the slander, it seems to be doubt-out of the facts proved on the trial of ful whether the evidence of reports as to the conduct and character of the plaintiff can be received. See 1 M. & S. 286, n. (a); 3 Mass. R. 553; 1 Pick. R. 19.

3. The party against whom a witness is called, may disprove the facts stated by him, or may examine other witnesses as to his general character; but they will not be allowed to speak of particular facts or parts of his conduct. B. N. P. 296. For example, evidence of the general character of a prosecutrix for a rape

See in general as to character, Phil. Ev. Index, tit. Character; Stark. Ev. pl. 4, 364; Swift's Ev. 140 to 144; 5 Ohio R. 227; Greenl. Ev. § 54.

the cause, 10 Pet. 657; but the court ought at no time to undertake to decide the facts, for these are to be decided by the jury. 4 Rawle's R. 195; 2 Penna. R. 27; 4 Rawle's 356; Ib. 100; 2 Serg. & Rawle, 464; 1 Serg. & Rawle, 515; 8 Serg. & Rawle, 150. See 3 Cranch, 298; 6 Pet. 622; 1 Gall. R. 53; 5 Cranch, 187; 2 Pet. 625; 9 Pet. 541.

CHARGE, contracts, is an obligation entered into by the owner of an estate which makes the estate responsible for its performance. Vide