law, a written instrument, or evidence of things acted between one person and another. The word charter comes from the Latin carta, anciently used for a public and authentic act, a donation, contract, or the like; from the Greek χάρτης, "thick paper" or "parchment," whereon public acts were wont to be written. Britton divides charters into those of the king, and those of private persons. 1. Charters of the king, are those whereby the king passeth any grant to any person or body politic, as a charter of exemption of privilege, &c.; charter of pardon, whereby a man is forgiven a felony, or other offence committed against the king's crown and dignity; charter of the forest, wherein the laws of the forest are comprised, such as the charter of Canutes, &c. 2. Charters of private persons, are deeds and instruments for the conveyance of lands, &c. And the purchaser of lands shall have all the charters, deeds, and evidences, as incident to the same, and for the maintenance of his title.
Charter-Governments in America. See Colony.
Charter-Land, such land as a person holds by charter; that is, by evidence in writing, otherwise called freehold.
Charterparty, in commerce, denotes the instrument of freightage, or articles of agreement for the hire of a vessel. See Freight, &c.
The charterparty is to be in writing; and to be signed both by the proprietor or the master of the ship, and the merchant who freights it. It is to contain the name and the burden of the vessel; those of the master and the freighter; the price or rate of freight; and Charterphy - the time of loading and unloading; and the other conditions agreed on. It is properly a deed, or policy, whereby the master or proprietor of the vessel engages to furnish immediately a tight sound vessel, well equipped, caulked, and roped, provided with anchors, sails, cordage, and all other furniture to make the voyage required, as equipage, hands, victuals, and other munitions; in consideration of a certain sum to be paid by the merchant for the freight. Lastly, the ship with all its furniture, and the cargo, are respectively subjected to the conditions of the charterparty.
The charterparty differs from a bill of lading, in that the first is for the entire freight, or lading, and that both for going and returning; whereas the latter is only for a part of the freight, or at most only for the voyage one way.
The president Boyer says, the word comes from hence, that per medium charta incidebatur, et sic fiebat charta partita; because, in the time when notaries were less common, there was only one instrument made for both parties: thus they cut in two, and gave each his portion; and joined them together at their return, to know if each had done his part. This he observes to have been practised in his time; agreeable to the method of the Romans, who, in their stipulations, used to break a staff, each party retaining a moiety thereof as a mark.