CHARTER. A grant made by the sover eign 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 Bla. Com. 108.
A charter differs from a constitution in this, that the former is granted by the sovereign, while the latter is established by the people themselves: both are the fundamental law of the land.
A deed. The written evidence of things done between man and man. Cowell. Any conveyance of lands. Any sealed instru ment. Spelman. See Co. Litt. 6 ; 1 Co. 1; F. Moore 687.
An act of a legislature creating a corpora tion.
The charter of a corporation consists of its articles of incorporation taken in con nection with the law under which it was or ganized ; Chicago Open Board of Trade v. Bldg. Co., 136 Ill. App. 606.
The name is ordinarily applied to government grants of powers or privileges of a permanent or continuous nature, such ae incorporation, terri torial dominion or jurisdiction. Between private persons it is also loosely applied to deeds and In struments under seal for the conveyance of lands. Cent. Diet.
It is to be strictly construed ; Rockland Water Co. v. Water Co., 80 Me. 544, 15 Atl, 785, 1 L. R. A. 388; Oregon, !R. & Nay. Co. v. Ry. Co., 130 U. S. 1, 9 Sup. Ct. 409, 32 L. Ed. 837; East Line & R. R. Ry. Co. v. Rush ing, 69 Tex. 306, 6 S. W. 834. The reserva tion by the legislature of power to repeal a charter cannot give authority to take away or destroy property lawfully acquired or created under the charter ; People v. O'Brien, 111 N. Y. 1, 18 N. E. 692, 2 L. R. A. 255, 7 Am. St. Rep. 684. A charter may be taken under the power of eminent domain ; Ap peal of Philadelphia & Gray's Ferry Pass. R.
Co., 102 Pa. 123. See FORFEITURE.
As to the power of the state to alter, amend or repeal a charter, see IMPAIRING OBLIGATIONS OF A CONTRACT.
The early history of the genesis of the corporation, particularly of municipal cor porations, is elaborated in a paper by A. M. Eaton in Am. Bar. Ass'n Rep. (1902) 292, 322, in which it is said: "The facts of his tory now known, and many of which were unknown to Coke, show that charters were granted by lords of manors, lay and spirit ual, as well as by kings holding manors as of their own demesne and not acting in the exercise of any royal prerogative, to towns and boroughs confirming the continued en joyment of 'liberties' in the future as they had already been long enjoyed in the past. Sometimes additional new 'liberties' were added, and afterwards similar brand-new charters were granted, relating only to fu ture enjoyment of such 'liberties' similar to those already long enjoyed by the old towns and boroughs. In return for these grants the townspeople agreed at first, each one severally, to render his feudal dues (or rent in place thereof) ; then a group of the prin cipal townsmen or burghers became responsi ble for the whole sum, and finally the town itself became thus liable for the fee-ferm rent. There was no intention on either part to form a corporation, indeed neither knew what a corporation was ; for the name did not exist, but the thing itself was being gradually evolved."