CHARTER (Lat. Marta; Gr. entitles, paper, or anything written upon, from charasso, to scratch or write). In its most general signification, C. is nearly synonymous with deed and instrument, and is applied to almost any formal writing, in evidence of a grant, contract, or other transaction between man and man. In private law, its most impor tant use is in the alienation of real estates, the writing given to the new proprietor by the old, in proof of the transference title, being usually called a charter. In public law, the name is given to those formal deeds by which sovereigns guarantee the rights and priv. ileges of their subjects, or by which a sovereign state guarantees those of a colony or other dependency. See CHARTE, MAGNA CHARTA. There is another sense of the term, in which it is in a measure intermediate between the two we have mentioned—viz., where we speak of the C. of a bank or other company or association. In this latter sense it signifies an instrument by which powers and privileges are conferred by the state on a select body of persons for a special object. See BANK, CORPORATION, JOINT-STOCK COMPANY, etc. The requisites of a C., when used in the first of these sigmfications, according to the law of England, will be pointed out under DEED.
Rovs.f. CHARTERS, generally written in Latiu, are of two kinds: I. Grants of lands. houses, honors, or liberties to persons who did not previously possess them; II. Char ters confirming grauts previously made, and therefore called "charters of confirma tion." Confirmation charters are of three kinds: 1. Charters confirming previous grants.
without reciting them; 2. Charters of simple confirmation, without addition of any thing new; 3. Charters reciting previous charters and confirming them, with addition of something new. These last two classes of charters are called charters of " inspeximus." or " viditnus," from the word used by the granter in saying that he has seen the C. which he confirms. Royal charters generally contain seven clauses: 1. The "premises,' i.e., the name and style of the granter, the persons to whom the C. is addressed, the name and style of the grantee, the reason why the grant is made, and the description of the thing granted, 2. The " tenendum and habendum," i.e., the way in which the thing granted was to be held and had; 3. The " reddendo," the return of rent or service which was to be made to the granter by the grantee; 4. The "quire volinnus," or order that the grantee should have the thing granted, under certain penalties; 5. The " sealing " or "signature " clause, setting forth the seal, signature, or subscription by which the C. was authenticated; 6. The " hiis testibus," or testing-clause, enumerat ing the persons who were present as witnesses when the C. was granted; 7. The " date," setting forth the time when, and the place where, the C. was granted.