2.
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.
3.
This term is susceptible of another signification. During the middle
ages almost every document was called carta, charta, or chartula. In
this sense the term is nearly synonymous with deed. Co. Litt. 6; 1 Co.
1; Moor. Cas. 687.
4.
The act of the legislature creating a corporation, is called its
charter. Vide 3 Bro. Civ. and Adm. Law, 188; Dane's Ab. h. t.
CHARTER,
mar. contr. An agreement by which a vessel is hired by the owner to
another; as A B chartered the ship Benjamin Franklin to C D.
CHARTER-LAND,
Eng. law. Land formerly held by deed under certain rents and free
services, and it differed in nothing from free socage land. It was also
called bookland. 2 Bl. Com. 90.
CHARTER-PARTY,
contracts. A contract of affreightment in writing, 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 conveyance of goods, on a particular
voyage, in consideration of the payment of freight. This term is derived
from the fact, that the contract which bears this name, was formerly
written on a card, and afterwards the card was cut into two parts from
top to bottom, and one part was delivered to each of the parties, which
was produced when required, and by this means counterfeits were
prevented.
2.
This instrument ought to contain, 1. the name and tonnage of the
vessel; 2. the name of the captain; 3. the names of the letter to
freight and the freighter; 4. the place and time agreed upon for the
loading and discharge; 5. the price of the freight; 6. the demurrage or
indemnity in case of delay; 7. such other conditions as the parties may
agree upon. Abbott on Ship. pt. 3, c. 1, s. 1 to 6; Poth. h. t. n. 4;
Pardessus, Dr. Coin. pt. 4, t. 4, c. 1, n. 708.
3.
When a ship is chartered, this instrument 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 Marsh. Ins. 407 .
When the goods of several merchants unconnected with each other, are
laden on board without may particular contract of affreightment with any
individual for the entire ship; the vessel is called a general ship,
(q. v.) because open to all merchauts. but where one Or more merchants
contract for the ship exclusively, it is said to be a chartered ship. 3
Kent, Com. 158. Abbott, Ship. pt. 2, c. 2, S. 1 Harr. Dig. Ship and
Shipping, iv.
CHARTERED SHIP.
When a ship is hired or freighted by one or more merchants for a
particular voyage or on time, it is called a chartered ship. It is
freighted by a special contract of affreightment, executed between the
owners, ship's husband, or master on the one hand, and the merchants on
the other. It differs, from a general ship. (q. v.)
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