CHARGE. A duty or obligation imposed upon some person. A lien, incumbrance, or claim which is to be satisfied out of the spe cific thing or proceeds thereof to which it applies.
To impose such an obligation; to create such a claim.
To accuse.
The distinctive significance of the term rests in the idea of obligation directly bearing upon the in dividual thing or person to be affected, and binding him or it to the discharge of the duty or satisfac tion of the claim imposed. Thus, charging an es tate with the payment of a debt is appropriating a definite portion to the particular purpose; charging a person with the commission of a crime is point ing out the individual' who is bound to answer for the wrong committed ; charging a jury is stating the precise principles of law applicable to the case immediately in question. In this view, a charge will, in general terms, denote a responsibility pecu liar to the person or thing affected and authorita tively imposed, or the act fixing such responsibility.
2. In Contracts. An obligation, binding upon him who enters into it, which may be removed or taken away by a discharge. Termes de la Ley.
An undertaking to keep the custody of an other person's goods.
An obligation entered into by the owner of an estate, which binds the estate for its per formance. Comyns, Dig. Rent, c. 6 ; 2 Ball & B. Ch. Ir. 223.
3. In Devises. A duty imposed upon a devisee, either personally, or with respect to the estate devised.
Where the charge is personal, the devisee will generally take the fee of the estate de 4 Kent, Comm. 540; 2 Sharswood, Blackst. Comm. 108; • 3 Term, 356; 6 Johns. N. Y. 185; 9 Mass. 161; 24 Pick. Mass. 139; but he will take only a life estate if it be upon the estate generally, 5 Term, 558 ; 4 East, 496 ; 14 Mees. & W. Exch. 698; 3 Mas. C. C. 209; 10 Wheat 231 ; 10 Johns. N. Y. 148; 18 id. 35; 18 Wend. N. Y. 200; 7 Paige, Ch. N. Y. 481; 15 Ma. 436; 5 IIarr. & J. Md. 177; 8 id. 208; 9 Mass. 161; unless the charge be greater than a life estate will satisfy. 6 Coke, 16; 4 Term, 93 ; 12 Eng. Jur. Rep. 197; 1 Barb. N.
Y. 102; 12 Pick. Mass. 27; 24 id. 138; 1 Washburn, Real Prop. 59. A charge is not an interest in, but a lien upon, lands. 3 Mas.
C. C. 768; 12 Wheat. 498; 4 Mete. Mass. 523.
Consult Washburn, Real Property; Kent, Commentaries; Preston, Estates; Roper, Leg acies.
4. In Equity Pleading. An allegation In the bill of matters which disprove or avoid a defence which it is alleged the defendant is supposed to pretend or intend to set up. Eq. Plead. 31.
It is frequently omitted, and this the more properly as all matters material to the plain tiff's case should be fully stated in the stating part of the bill. Cooper, Eq. Plead. 11; 11 Ves. Ch. 574; 2 Anstr. 543. See 2 Hare, Ch. 264.
5. In Practice. The instructions given by the court to toe gland jury or inquest of the county, at the commencement of their ses• sion, in regard to their duty.
The exposition by the ei urt to the jury of those principles of the law which the latter are bound to apply in order to render such a verdict as will, in the state of facts proved at the trial to exist, establish the rights of the parties to the suit.
The essential idea of a charge is that it is authori tative as an exposition of the law, wh'eh the jury arc bound by their oath and by moral c hligations to obey. 10 Mete. Mass. 185-187; 13 N. H. 536; 21 Barb. N. Y. 566; 2 Bleeld. Ind. 162; 1 Leigh, Va. 588; 3 id. 761; 3 J. J. Marsh. Ky. 150; 21 Row. St. Tr. 1039. By statute, in some states, the jury are con stituted judges of the law as well as of the facts in criminal cases,—an arrangement which zu almilates the duties of a judge ut once to those of the moderator of a small sized town-meeting and of the preceptor of a class of law-Ancients, besides subjecting suc cessive criminals to a code of laws varying as widely as the impulsca of successive juries can differ. The charge frequently and usually includes a summing up of the evidence, given to show the application of the principles involved; and in English practice the term summing up is used instead of charge.