CHARTER. A made by the sove reign either to the whole people,or to a por tion of them, securing to them the enjoyment of certain rights. 1 Story, Const. 161; 1 Blackstone, Comm. 108.
A charter differs from a constitution in this, that, the former is granted by the sovereign, while the lattqr ,is established by themselves: both are the fundamental law of the land.
A deed. The written evidence of things done between man and man. Cowel. Any conveyance of lands. Any sealed instru ment: Spelman. See Coke, Litt. 6 ; 1 Coke, 1; F. Moore, 687.
The act of legislature creating a corpora tion. Dane, Abr. Charter.
In English Law. Land formerly held by deed under certain rents and free services. It differed in no thing from free socage land ; and it was also called bookland. 2 Blackstone, Comm. 90.
A contract of af freightment, by which the owner of a ship or other vessel lets the whole or a part of her to a merchant or other person for the con veyance of goods, on a particular voyage, in consideration of the payment of freight.
The term is derived from the fact that the con tract which bears this name was formerly written on a care, and afterwards the card was cut into two parts from top to bottom, and ( ne part was delivered to each of the parties, which was pro duced when required, and by this means counter feits were prevented.
It is in writing under seal, in modern usage, 1 Parsons, Marit. Law, 231; but may be by parol. 16 Mass. 336; 5 Pick. Mass. 422 ; 12 id. 425; 16 id. 401; 9 Mete. Mass. 233; Ware, Dist. Ct. 263; 3 Sumn. C.144. It should contain,firg, the name and tonnage of the vessel, see 14 Wend. N. Y. 195 ;
7 N. Y. 262; second, the name of the captain, 2 Barnew. & Ald. 421; third, the, names of the letter to freight and the freighter ; fourth, the place and time agreed upon for the load ing and fifth, the price of the freight, 2 Gall. C. C. 61 ; sixth, the demur rage or indemnity in case of delay, 9 Carr. & P. 709 ; 10 Mces. & W. Exch. 498; 17 Barb. N. Y. 184; Abb. Adm. 548; 4 Ulm. Penn. 299; 9 Leigh, Va. 532 ; 5 Cush. Mass. 18 ; seventh, such other conditions as the par ties may agree upon. 13 East, 343; 20 Bost. Law Rep. 669 ; Bee, Adm. 124.
It may either provide that the charterer hires the whole capacity and burden of the vessel,—in which case it is in its nature a contract whereby the owner agrees to carry a cargo which the charterer agrees to pro vide,—or it may provide for an entire sur render of the vessel to the charterer, who then hires her as one hires a house, and takes possession in such a manner as to have the rights and incur the liabilities which grow out of possession. See 2 Brod. & B. 410 ; 10 Bingh. 345; 8 Ad. & E. 835 ; 4 Wash. C. C. '10 ; 1 Cranch, 214; 23 Me. 289; 4 Cow. N. Y. 470; 17 Barb. N. Y. 191: 1 Sumn. C. C. 551; 2 id. 589; 1 Paine, C. C.
358. When a ship is chartered, this instru ment serves to authenticate many of the facts on which the proof of her neutrality must rest, and should therefore be always found on board chartered ships. 1 Marshall, Ins. 407.