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G 529 GAMACTA.

G.
G. In tbe Law F ren ch orthography. this G A G E R DEL LEY. Wager ot law,
letter is often substituted for the En g lish 'V. (g . •. )
particularly as an initial. Thus. "gage" for
GAIN. Profi.ts; winnings; increment ot
" wag e. " "garranty" for " w arran ty. " "gast"
value.
for" waste."
GAIN AGE. The gain or profit of tilled
GABEL. An excise; a tax on movables;
or planted land. raised by cu ltiv ating it: and
a rent, custom, or service. Co. Litt. 213.
the draught, plow, and furn itu re for carry.
GABELLA. A tax or dut y o n pe rso na lty. in� on Lhe work of t illa ge by the baser kind
Cowell; Spelm an. of sokc7nen or fJilleins. Bract. 1. 1. c. 9.

G A B L ATO R E S. Person s who p aid GAINERY. Tillage, or the profit arising


gabel, rent. or tribute. Domesday; Cowell. f rom it, or from the beasts employed thereio.

GABLUM. A rent; a tax. Domesday; GAINOR. In old E ngli sh law. A soke-­


DlI Cange . The gabl�end of a honse. Cowell. mnn; one who occupi e d or culLivated arable
land. Old Nat. Brev. fol. 12.
GABULUS DENARIORUM. Ren t
GAJUM. A thick wood. Spelman.
paid ill money. Seld. Tit. Hon. 321.
GALE. The paymentot a rent. tax, duty.
GAFFOLDGILD. The payment of cus·
or nnnuity.
tom or tri b ute . Scott.
A gale IS the right to open and work a mine
GAFFOLDLAND. P r operty subject to w ithin the llundred of St . J3rlnvel's, or a
tbe gaffoldgild, or liable to be taxed. ScoLt. stone quarry within the open lands of the
Forest of Dean. The ri�ht is a license or
GAFOL. The same word as "gabel" or
int ere st in the nature of real estate. condi­
�gavel." Reut; tax; intereatof money.
tional on the due pa yme n t of rent and ob.

GAGE, 'D. In old English law. Topawn Servance of the obligations imposed on the.

or p ledg e ; to give as se curi ty for n p ay men t galee. It follows the ordinary rules as to the
or performance j to wage or wager. devolution and convey an ce of fea l estate.
The ga le e pays t he crown a rent known as 8 H
G A G E, n. In old English law. A "galeage nmt." "royalty." or some similar
pawn or pledge; s ometh ing deposited as se­ name. prop o rt ion ate to the quantity of min.
curity for the performance of some act or the tlra:s got from the mine or quarry. Sweet.
payment of mouey, and to be forfeited on
fail ure or non.performance. Glanv. lib. 10, GALEA, In old records. .A piratical
c. 6; B ri Lt. c. 27. vessel; a ga lley.
A mortgage is adeadruage orpledgej for, what.­ In old Scotcb I.w. Amends
GALENES.
.oover profit it yields, it redeems not itself, unless
or compensation for slal1ghter. Bell.
tbe whole nmount secured is paid at the appointed
,tme. Cowell.
GALLI-HALFPENCE. A kind of coin J
In French law. The contract of p led ge which. with s u ski ns and doitkins, was for.
or pawn; also the article pawned . bidden by St. 3 Hen. V. c. 1.
GAGE, ESTATES IN. Those held In GALLIVOLATIUM. A cock-shoot, or
"adio,orpledge, They are of two l{inds: (1) cock·glade. K
VIvum vadium, or living pledge, or v ifgag e;
GALLON. A liquid me�sut'e.containing
(2) m01'tuum 'vadium, or dead v ledg e , oetter
231 cubic inches. or four quar ts . The im·
known as " mortg age ."
perial gallon contains abo ut 277. and the ale
GAGER DE DELIVERANCE. Inold
E nglis h law,
\Vhen he who has distrained,
gallon 282. cubic inches.
L
GALLOWS. A scaffold; • be.m lai d
bei ng sued. has not delivered t he cattle dis­
over tlither one or two posts, from wbtch mal&­
trained, then he shall not only avow the dis·
factors are banged.
tress, but gager deliverance, t. e., put in
surety or p le dge that he will deliver theDl. GAMACTA. In old European I..... A. M
Fitzh. Nat. Brev . stroke or blow. Spelman .
.s.::H, DlOT. LA..w---34
GAMALIS 530 GAOL

GAMALIS. A child born ill lawful wed­ some evcnt unknown until It occurs, something of

lock; also one born to betrothed but unmar­ value Is, as the conclusion of promises agreed, to
be transferred from a loser to a winner, without
ried parents. Spelman.
which latter element there is no gaming or gam­
bling. Bish. St. Crimes, § 858.
GAMBLE. The word "gamble" is per­
"Gaming" implies, when used as describing a
haps the most apt and substantial to convey condition, an element of illegality; and, when
the idea of unlawful play thnt our language people aro said to be "gaming," this generally
affords. It is i nclusive of haza rding and bet­ supposes thr.� the "games" have been games ill
which money comes to the victor or his backers.
ting as well as playing. 2 Yerg. 474.
When the terms "game" or "gaming" are used in
statutes, it is almost always in connectil)n with
GAMBLER. One who follows or prac­
words giving them the latter sense, and in such
tices games of chance or skill, with the ex­ case it is only by averring and proving the differ­
pectation and purpose of thereby winning enUa that the prosecution can be Sll"ltained. But
money or other pl'operty. 113 Muss. 193. when "guming" Is spoken of in 0. eto.tut.e as indicta­
ble, it is to be regarded as convertible with "gam.
GAMBLING. See GAMINO. bling. II 2 Whart. Crim. Law, § 1465b.
"Gaming" is properly the act or engagement of
GAMBLING DEVICE. A machine or the ph\yers. II by-standers or other third persons
contrivance of any kind for the playing of put up a stake or wager among themselves, to go
an unlawful game of chance or hazard. to one or the other according to the result of t.he
game, this is more correctly termed" betting...
GAMBLING POLICY. In life inBur­
ance. One issued to a person, a8 beneficiary, GAMING CONTRACTS. See WAGER.

who bas no pecuniary interest in the life in­ GAMING-HOUSES. In criminal law.
surell. Otherwise called a "wager policy. II Houses in which gambling is carriep, on as
50 Mo. 47. the business of the occupants, and which are
GAME. Birds and beasts of a wlld. nat­ frequen ted by persons for that purpose. They
ure, obtained by fowling and hunting . Ba� are n nisances, in t.he eyes of the law J being
con, Abr. See 11 Mete. (Ma,s.) 79. The detrimental to the public, as they promote
term is said to include (in England) bares. cheating and other corrupt practices. 1
pheasants.partridges, grouse, heatb or moor Russ. Crimes, 299; Rosc. Crim. Ev. 663; 3
game, black game, and bustards. Brown. Denio. 101.
See 1 & 2 Wm . IV. c. 32.
GANANCIAL PROPERTY. In Span­
A sport or pastime played with cards, dice, iah law. A species of community in prop�
or otber contrivance. See GAlliNG. erty enjoyed by husband and wife, the prop­
GAME-KEEPER. One who has the erLy being divisible between them equally on
c<ue of keeping and preserving the game o n a dissolution of the marriage. 1 Burge,
a n estate, being appointed thereto by a lord Conn. Law. 418. See 18 Tex. 634; 22 Mo.
of a manor. 254.

GAME-LAWS. Laws passed for the GANANCIAS. 10 Spanish Jaw. Gain.


preservation of game. They usually forbid or prOfits resulting from the employment of
the killing of specified game during certain property held by husband and wife in COlll­
seasons or by certai 11 described means. As to mono 'Vhite, New ltecop. b. I, tit. 7, Co 5.
English game-Ia \VB, see 2 Steph. Comm. 82;
GAN G-WE EK . l'be time when tbe
1 & 2 Wm. IV. c. 32.
bounds of the parish are Justmted or gone
GAMING. The act or practice of play­ over by the parish oft1cers,-rogation week
ing games for stakes or wagersj gambling; EDe. LoDd.
the playing bt any gam� of hazard. An
G A N G I A T O R I . Officers in ancient
agreement between two or more persons to
times whose business it was to examine
play together at a game of chance for a stake
weights and measures. Skene.
or wager which is to become the property of
the winner, and to which all contribute. G A N rr E L O P E , (pronounced "gaunt­
Gaming is an agreement between two or lett." )
A m ilitary punishment, in which the
more to risk money on a contest or chance of criminal running between t.he ranks receives
any kind, where one must be loser and the a lash from each Dlan. Ene. Lond. This W3I
other galDer. 5 SDeed.507. called "running the gauntlett."
In general, the words" gaming" and "gambling,"
in statutes, are similar in meaning, and either one
GAOL. A prison for temporary conOne­
comprehends the idea that, by a. het, by chance, by ment; a jail: a pl ace for the confinement at
flome exercise of skill, or by the transpiring of offenders against the law.
GAOL 531 GARNJSHMENT

There is said to be a distinction between II gaol" GARBLE. In Englis h statutes. To sor t


and "prison;" the tormer being a place for tempo­ or cull out tbe good from the bad in s pices,
rary or provisional confinement, or for the punish­
ment of the lighter offenses and misdemeanors,
drugs , etc. Cowell.
while the latter is a place for permanent or long­
GARBLER O F SPICES. An a ncient
continued confinement, or for the punishment of
graver crimes. In modern usage, this distinction omcer in the city of London. who might enter
is commonly taken between the words cc gaol" and into any s hop, warehouse, etc., to view and
"penitentiary," (or state's prison,) hut the name sea rch drugs ane1 �pices, and garble and ro:'lke
"prison" 13 indlscrimiulloWly appltcd to either,
clean t he same, or see that it be done. Mozley
GAOL DELIVERY. In criminal law. &; Wbitley.
The deli very or cle aring of a gaCll of the pris_
GARCIO STOLlE. Groom of the stole.
oners confined therein. by trying lhem. .A.
commissi on of gener al gaol delivery is one GARCIONES. Servants who follow a
or the fonr commissions untler which the c amp. Wals. 242.
j udges in Englund sit at tile assizes; a.nd it
GARD, or GARDE. War dship; care;
empowers them to try and delioe-r e\'ery pris­
custody; also tho ward of a City.
oner who shall be in th e gaol. ( that is, eithel'
in actual (; usto d y, or out on bail,) whe n t he GARDEIN. A keepe r; a guardian.
judge s arrive at the Circuit town. 4 C hit.
B!. 270. and notes; 4 Steph. Comm. 333; 1 GARDEN. A small piec e of land, appro­
Chit. Crim. Law. 145. 146. priated to the cultivation of herbs, fruits,
flOWe1'8, or vegetables.
GAOL LIBERTIES, GAOL LIMITS.
A. dis�rict around a gaol, defined by limits, GARDIA. Custody: wardshIp.
within which pr isoner s are allowed to go at
GARDIANUS. In old English law. A
l arge on g ivi ng secur ity to return . It is c on �
g u ar d ian, d efen der , or pr otector . In feudal
sidered a parL of the gaol.
law, gardio. Spelman .
GAOLER. T h e master or keeper of a A warden . GardianuB ecclesia, a church.
prison; one who has the custody of a place warden. Ga1'(UanUS quinque portuum,
where prisoners are confined. warden of the Cinque Ports. S pelman .

GARANDIA, or GARANTIA. A war­ GARDINUM. In old English law. A


ranty. Spetman. gard en. Reg. Orig. lb. 2.

GARANTIE. In French law. This GARENE. L, Fr. A warren ; • privi. H


word corresponds to warranty or covenunts leged place for keeping nnim <l}s.
for title in English law. In the case of a
sale this garantie extends t o Lwo thing s :
(1) GARNESTURA. In old English law.
Peaceful poss essi on of the thing sold; amI Victuals, arms, and other implements of war.
n ecessary for the defense of a town or castle.
(2) absence of undisclosed defects, (difau u
cach{s.) Brown. Mat. Par. 1250.
I
GARATHINX. In old Lombardic law. GARNISH, n. In English law. Mo ney
A gift ; a fr{je or absolute gift; a g ift of the pai d by a pr i son er to his feUow-prisont:lIS OD
whole of a thing. Spelman . his entrance in to prison.
J
GARAUNTOR. L. Fr. In olt! English GARNISH, v. To warn or summon.
law. A warrantor of land ; a vou chee j ODe To issue process of garnishment against a
bou nd by a warranty to defend the title and person.
8eisin of his alienee, or, on default thereof.
and vn eviction of the tenant, to give him GARNISHEE. One garn ish ed : a per · K
other lands of equal value. Britt. c. 75. son against whom process ot gar nishment is
issued; one who bas money o r pr operty in
GARBA. In old EngliSh law. A bllndle his possession belonging to a d efen dant , or
or sheaf. Blada in garbib', corn or grain in
who owes the defendant a debt. which mon­
sheaves. Ueg. Orig. 96: Bract. fol. 209. ey pr operty or debt is attached in his hands,
, , l
GARBA SAGITTARUM. A sbeaf of with notice to him not to d eliver or pay i�
arrows. containi n g twcnty·fOtlf. Oth er wise over until the resulL o( the suit be "Iscertained.
call ed "BChaffa Sa!ltttarum." Skene.
GARNISHMENT. In the process ot a�
GARBALES DECIMlE. In Scotch la..... tachmont. A warning to a per son in whose M
Tithes of corn. ( grai n . ) Bell. ban ds the effects of an other are attached not
GAI1X lS[JMENT 532 GAYELING MEN

to pay the money or delivel' the property of GASTALDUS. A temporary gove rnor
the defendant ill his hands to him, but to ap­ of the country. Blount. A bailiff or stew­
peal' and answer the plaintiff's suit. Drak�. ard. Spelman.
ALtachm. § 451-
GASTEL. L. Fr. Wastel; wastel bread,
A co gar n 'sllment." as the word is emplo yed
the finest sort of wheat bread. Britt. c. 30;
in this Code, is process to reach a.nd subject
money or effects of a defendant in attach­ Kelham.
ment, or In n judgment or decree, or in a GAS TINE. L. Fr. Wuste or unculti.
pending suit commenced in the ordinary vated ground. Britt. c. 57.
form, in the possession or under the control
GAUDIES. A term used ln the English
of a thi rd person. or debts owing such de­
universities to denote double commons.
f end ant, or liabilities to him on contracts for
tile delivery of personal pr oper ty, or on con­ GAUGE. Tile measure of width of a rail­
t racts for the paYloent of money which may way, fixed, with some exceptions, at 4 feet
be discharged by the delivery of personal 8f inches in GreaL Britain and America, and
property, or on a contract payable in persoD­ 5 feet 3 inches in Ireland.
al property; Ilnd such third person is called
GAUGEATOR. A gauger. Lowell.
tbe "garnishee." Code Al a. 1886, § 2994.
Gt�rni.sbment is a. proceeding to apply tho debt GAUGER. Asurveying officer underthe
due by a third person to a. judgment defendant, to
customs, excise, and internal revenue laws,
tbe extinguishment of that judgment, or to appro­
priate effects belonging to Il. defendaut. in Lbe
appointed to examine all tUllS, pipes, hogs­
b�nds of a third person, to its payment. 4 Go.. 393. heads. b arrels and iierces of wine, oil, and
Also a warning to any one for bis appear­ other liquids, and to give them a mark of
ance, in a cause i n which he is noli a party, allowance. as containing lawful measure.

for the information of the court and expl ain­ Thl're are also pl'ivate gaugers in large sea­
ing a cause. Cowell. port towns, who are licen sed by governm en t
to perf or m lbe same duties. Uapal . &L .
GARNISTURA. In old Eng li sh law.
GAUGETUM. A gauge or gauging; a
Garniture; what�ve,r is nccel:i:mry for the for­
measure of tbe contonts or 1\1lY vessel.
ti fi ca ti on of a city or camp, or for the orna­
ment of a thing. 8 Rymer. 328; Du Cange; GAVEL. In English Jaw. Custom;
Cowell; Blount. tribute; toll; ye!lrly rent; payme n t of reve­
nue; of which tilere were anciently several
GARSUMME. In old En gl i sh law. An
soris i as gavel�orn, gavel-malt. oat-gav
' el,
amerciament or fine. Cowell.
gavel-fodder, e tc. 'fermes de laLey; Cowell;
GARTER. A string or ribbon by which Co. LiLt. 14�a.
is held upon the lpg. The mark
the s to c ki ng
GAVELBRED. In Englisll law. Rent
of the highest order of English knighthood, reserved in bread, corn, or pro\'ision; rent
ranki ng next after the nobility. This m ilit a­
p.lyable in kind. Cowell.
ry order of k n ig hth ood is said to have been i
f rst
instituted by Hichard r. . at the Siege of Acre. GAVELCESTER. A certain measure
where lie caused twenty-six knights who of rent-ale. Cowell .
fjrmly stood by him to wear thongs of binG
GAVELET. An anc ient and special kind
leather nbout their leg!'!. It is also said to
ofcessavit, used in Kent and Loudon for the
have been perfected by Ed ward III., and to
recovery of rent. Obsolete. 'fhe statute ot
h:\Ve received some alterations, which were
gavelet is 10 Edw. n. 2 Reeve, Eng. Law,
afterwards laid aside. from Ed ward VI. The
c. 12. p. 298.
badge of tb" order is the image of ::it. George,
called the" George." and the motto is "Honi G A Y ELGELD. That which yields
soit qui mal y pense," Wharton. annual profit or toll. The tribute or toll
itself. Cowell; Du Cange.
GARTH. In English law. A yard; a

li ttle close or homestead in the norLh of E n g­ GAYELHERTE. A service of plOW.


land, Cowell; Blount. ing performed by a cus to mary tenant.
A dam or weal' in a river, for the catching Cowell; Du Cang e.
of fish.
GAVELING MEN. Tenants who paid
GARYTOUR. In old Scotch law. Ward­ a reserved rent, beside! 80me customary
er. 1 Pitc. Crim. Tr. pt . 1, p.8. duties to he done hy them. Cowell.
GAVELKIND 533 GENER AL

GAVELKIND. A species of socage ten· GELD. In Saxon law . Money or tribute.


lIl'e common in Kent, in England, where tbe .A. mUlct, compensation, value, price. An[]eld
lands descend to ull the SOilS, or heirs of the was the single value of a thing; twigelcl.
nearest degree, together; may be disposed of double value. etc. So, weregeld was the
by will; do not escheat for felony; may be value of a man slain i orfgeld, tha t of a

'llieneu by the heir at the age of fifteen; :)ood beast . Brown.


dOWf'f and curtesy is given of half the land.
GELDABILIS. In old E nglish law.
btim. Law Gloss.
Taxable; geldable.
GAVELLER. An officer of the Engl ish
G ELDABLE. Liable to pay geld; lIable
crown havi ng the general management of the
to be taxed. Kelham.
mines, pits, and q uarries in the Forest of
Dean and IIundred of St. Briavel's, subject, GELDING. A horse that has been cas­
ill some respects. to the control of the com� trated, and which is thus distinguished from
missioners of woods and forests. He grants the horse in his natural and unaltered con�
gales to free miners in their proper order. clition. A "ridglingU (abalf-castrateu horse)
�\CGepts surrenders of gales. and keeps tbe is not a g ehl i ng . but a horse, within the de­
registers reqUired by the acts. There is a nomination of animals in the statu tes. 4
depllty�ga yeller. who appears to exercise most 'I'ex. A pp. 219.
of the gaveller's functiuns. Sweet.
GEMMA. Lat. In the civil law. A
GAVEL· MAN. In old English law . A gem; a precious stone. Gems were dis­
tenant liable to the payme nt of gavel or trilr tinguished by their transparency; such a8
ute. 8omn. Gavelki nd. 23. emeralds, chrysolites, amethysts. Dig. 34.
2. 19. 17.
GAVELMED. A customary sI.'l'vice of
mowin g meadow�land or cutting grass. (con� GEMOT. In Saxon law. A. meeting or
suetwlo f'l,lcandi.) Blount. moot; a convention; a public assemblage.
These were of several sorts, sllch as the
GAVELREP. In old En gl ish law. lled�
wUena-gemot, or meeting of th� wise men;
real' or bidreap; the dut�' of reapill:J at the
the lolc�gemot, or general assembly of the
bid or command of the lor d. Boron. Gavel�
people: the shi1'e�gemot, or county court; the
kinl" 19, 21; Cowell.
bUT[J-gemot, or borough court; the hundred­
GAVELWERK. A customary service, gemot. or hundred court; the !tali-gemot, or
either man'uopera, by the person of the ten� court�baron; the hal-mote. a convention of
ant, or C(£1TOpera, by his carts or carriages. citizens in their publ ic hall; the holy�mot8, H
Blol!ntj Somn. Gavelkind , 24; Du Cange. or holy court; the 8wein-gemote, or forest
court; the wa?·d-mote. or ward court. Whar­
GAZETTE. The 0llicia1 puulication of
ton ; Cunningham.
tho English government. also called the
"Lor:don Ga.zette." It is evidence of acts of GENEALOGY. An account or history
'!tat!i, and of everythin g done by the queen of the descent of a person or fa mily from au
ill hel.' political ca.pacity. Orders of adjudica­ ancestor: enumeration of ancestors and their
tion in bankruptcy are requir ed to be pub­ ch ildren in the natural order of succession.
lished therein; and the production of a copy WelJst.
of Lile "Gazette." containing a copy of the J
GENEARCH. The head o f n family.
order of adjudication. is evidenctl of the fact.
MozlOY & Whi tl ey. GENEATH. In t::laxon law. A villein,
or agricultaral tenant, (villanus 1)illicus;) a
GEBOCCED. An Ang l O-Sa xon term,
meanin� "conveyed."
bind or farmer, (.ti1·marius Tusticus.)
man.
Spel�
K
GEBOCIAN. In Saxon law . To convey;
GENER. Lat. In the Civil law. A
to liransfar boo land. (book-land or land held
son- i ll�law; a dau ghttlr ' s husb and . lb'i lice
by char ter. ) The grantor was said to gebo­
'Vt1·.) Dig. 38, 10, 4, 6.
cia-r; the alienee. See 1 Heeve, Eng. Law, 10. L
GENERAL. Pertaining to, or designat­
G EBURSCRIPT. Neighborhood or ad­
ing. the {Jenus or class. as distinguished from
joining district. Cowell.
that which characterizes the species or indi�
GEBURUS. In old English law. A viuual. Universal, not particularized; as
country neighbor; an inllauitant of the same opposed to special. Principa.l or central; as M
flebuTscript, or Village. Cowell. opposed to loca l. Open or availabl e to all,
GENERAL 534 GENERAL DEPOSIT

as opp os ed to select. Obtaining c ommonl y. however small in amount, the respective OWDeI"l
or rec ognized u niversal ly ; a8 opp os ed to par­ are to be indemnified bv their insurera.., Mau,
648.
ticu lar. Universal or unbounded; as op­
posed to limited. Comprehend ing the whole, GENERAL CHALLENGE. Aspeeies
or directed to th e w b ol e ; as di sting u i shed of challenge for cause. bei ng an objection to
from anything app lying to or designed for a a par ticular jU,ror, to the effect tliat the juror
porti on only. is disqualifi ed froLD serv i ng in any case. Pen.
As a nouD, the word is the title of a prin­ Code Cal. § 1071.
cipal officer i n the a.rmy. usually une who
GENERAL CHARACTER. See CHAR­
commands a whole arm y, division. corps, or
AOTER.
brigade. In the United States army, the
ran k of "general" is th e highest possible, GENERAL CHARGE. A charge or
next to the commander in chief, and is only instruction by the court to the j ur y upon the
occ(tsionaUy created. The olfieera next in case as a whole, or upon its genemI fe at u res
rank are lieutenant general, major g ene ra l, or characteristics.
and br ig adier g ener al.
GENERAL COUNCIL. (1) A co u n ci l
consisting of members of the noman Catho­
GENERAL AGENT. A perso n who Is
lic Church from most parts of the worlJ, but
authori :led by bis pr in ci pa l to execute all
not from every part. as an ecu menical COUIl�
deeds, sign all contracts, or p urchase all
goods, requi red in 8 par t icu lar trade. busi­
cil (2) One of the names of tbe English
parliament.
ness. or em ploym ent. Story. A g. § 17.
In another sense, a person who bas a gen� GENERAL COVENANT. One w hich
erat aut horit y ill r egar d to a particular object relates to lands gen erall y, a nd places th e cove-­
or tbing. Id. § 18. nantee in the positi on of a specialty creditor.
A genoral agent is one appointed to act In the Brown.
affairs of his principalgenel'ally; 0. special agent Is
one appointed to act concerning some particular GENERAL CREDIT. The character ot
object. 7 Ala. 800, 804. a witness 88 one generally worthy of credit.
A ccording to Bouvier. there is a distinct.i on
GENERAL APPEARANCE. An un­ between this and " pa rti c ular creuit." which
qualified or un r estricted submission to the may be affected by proof of particular fact.!
jur is di ction of the court. See APPEARANCE. relating to the particular action.
GENERAL ASSEMBLY. A name GENERAL CUSTOM. G e ner al customs
given i n some of the United StaLes to the s en· a.re such as p rev ail throughout a c ount ry and
ate and house of representatives, which com� become the law of that country, and their
pose the legi sl ative body. existence is to be determined by the cOllrt.
Particular customs are such as prevail in
GENERAL ASSIGNMENT. An as­ some county. ci t y. town. parish, or placej
signme nt made for the benefit of all th e as­ th{�ir existence is to be determined by a jury
signor's creditors. instead of a few only; Or upon Vr oof. 23 Me. 95.
on e which transfers the whole of hiB �state to
th e assignee, instead of a part only . GENERAL DAMAGES. In pleading
and practice. Such da mage s 8JIlI neces �Hr ily
. GENERAL AVERAGE. In comm er­ result from the injury complained of, and
cial law� A contrib ut ion made by the pro­ which may be show n under the ad damnum,
prietors in general of a ship or cargo, towards or general allegati on of dam ages at the entI
the !oss sustained by any indiVidual of their of the declaration. 2 Greenl. Ev. § 254.
number. whose property has been vol u nt ari ly
GENERAL DEMURRER. In p lea din g.
sacriliced for the common safety ; as where,
A dem urrer framed in general terms, with�
in a storm, j ettison is roade of any g o ods, or sh ow i ng s peci ficall y the nature ot the
out
sails or masts are cut a way levunda na'oi8 obj l' ct ion.
and which is usually resorted to
causa. (to lighLen Lbe vessel.) 2 SLeph.
w her e the objection is to matter of substance.
Comm. 179. Steph. PI. 140-142; 1 Chit. PI. 663. See
Tbe term expresses that contribution to a 10s8
DEMURRER.
or expense voluntarily incurred for the preserva­
tion of the whole, in which all wh o are concerned
GENERAL DEPOSIT. A genera l de­
1n shlP. freight, and cargo are to bear an equal
part, propol'tiouable to their resp ect-ive intel·ests. posit is where the money deposited is not it;..
ADd for the 10S5 incurred by this contribut.ion, self to be returned, but an equiyalent in
GENEl!AL ELECTION 535 GENERAL LAW

money (that is, a like sum) is to be returned. plan or particular object, or without refer·
It is equivalent to a loan. and the money ence to such plan or object .

deposited becomes the property of the deposi·


GENERAL INTEREST. In epeaking
tary . 43 Ala. 133.
of' matters of public and general interest, the
G E N E R A L ELECTION. 1. On. at terms "public" and" general" are sometimes
which the officers to be elected are such 'as used RS synonyms. But in regard to the ad·
belong to the gen.e1'al government,-lhat is. missibility of hearsay evidence, a distinction
the general and central political organization has been taken between them, the term
of the whole state; as distinguished from an tlpul>lic" being strictly applied to that which
eleetion ot officers for a particular locality concerns every member of the state, and the
only. term "general" being confined to a Jesser.
2. One beld for tbe selection of an officer aft. though s ti ll a considerable. portion of the
eT the expiration of the full term oftha former cOIllDlunity. Tayl. Ev. § 609.
omcer; thus distingrlished from a special
election, which is one held to supply a vacancy GENERAL ISSUE. In pleading. A
in oJl1ce occurring before the expiration of plea which tra\'erses and denies, bri�fiy and
the full term for which the inCUI..nLent was in general and summary tenns, the whole
elected. 52 Cal. 164. declaration, indictment, or corl1plaint. with·
Ollt tendering new or speCial matter. See
GENERAL EXECUTOR. On. whose Steph. Pl. 155. Examples of the general is·
power is not limited either territorially or as sueare "not guilty," "non assumpsit." "nil
to the duration or subject of his trust. debet." "non est factum."

GENERAL FIELD. Seve ral distinct GENERAL JURISDICTION. Sucha.


lots or pi('ces of Jand inclosed and fenced in extends to all controversies that may be
as one common field. 14 Mass. 440.
brought before a court within the legal bounds
of rights and remedies; as opposed to special
GENERAL FUND. This phrase, in
or limited jurisdiction. which covers only a
New York, is a collective designation of' aU
particular class of cases, or cases where the
the assets of the state Which furnish the
amount i n controversy is belOW a prescribed
means for the support of government and for
sum. or which is subject to specific excep­
defraying the discretionary appropriations of
tions.
the legislature. 27 Bar b 575, 588.
.

The terms " general" and "special," applied to

G E N E R A L G A O L DELIVERY. jurisdiction, indicate the difference between a le- H


gal authority extending to the whole of a. particu-
In English law. At the assizes (g. '0.) the
lar subject and one limited to a part; and, wben
judges sit by virtue of five several authori­ applied to the terms of court, the occasion upon
ties, one of which is the commission of Of gen­ which these powers can be respectively exercised.
1 N. Y.232.
eral gaol delivery." This empowers them to
try and deliverance make· of every prisoner
I
GENERAL LAND· OFFICE. In tho
who shall be in the gaol when the judges ar­
United States. one of the bureaus of tho in·
rive at the circuit taWil, whether an indict­
terior rlepartment, whicb has charge of the
ment has been preferred at any previous as­
survey, sale, granting of patents. and otber
size or not. 4 Bl. Comm. 270.
matters relating to the public lands.
J
GENERAL GUARDIAN. On. who
bas tbe general care and control of tbe per· GENERAL LAW. A general law, as
son and estate of his ward. contradistiuguished from one that is special
or local, is a law that embraces a class of sub-­
GENERAL IMPARLANCE. In plead· jects o r places, and does not omit any subject
lng. OnP. granted upon a prayer in which or place naturally belonging to Bucb class.
the defendant l"eserves to himself no excep­ 40 N. J. Law, 1.
tions. A law. frallled in general terms, restricted

GENERAL INCLOSURE ACT. Th.


to no locality, and operating equally upon all l
of a g!'OUP of objects, which, baving regard
statute 41 Geo. III. c. 109, which consoli­
to the purposes of the legislation, are dis­
dates a number of regulations as to the in­
tinguished by characteristics sufficiently
closure o( COUlmon fields and waste lands.
..ed and important to make them a class
m arl
GENERAL INTENT. An intention, by themselves. is not a speciaJ or loca.l law, M
purpose, or design, either without specific but a general law. 40 N. J. La w, 123.
GENERAL LEGACY 536 GENERAL SPECIAL IMPARLANCE

GENERAL LEGACY. A pecuniary tbe joint benefit and profit of all the parties
legacy, lJayaule out of the general assets of concerll{'d, whether the capital stuck be lim�
a teslalor. 2 Bl. Corum. 512; Ward, Leg. ited or not, or the contributions thereto be
1 , 16. equal or unequal. Story. l">artn. § 74.
GENERAL LIEN. A right to detain a GENERAL PROPERTY. The right
chattel, etc., until payment be matie. not and property in a thing enjoyed by the general
only of any debt due in respect of the partic­ ourneT, (g . •. )
ular chattel, but of any balance that may be
GENERAL RESTRAINT OF TRADE.
due on general account in the same line of
One whicb forbids the person to employ his
business. A general lien. being against the
talents. industry, or capital in any undertak­
ordinary rule of law, depends entirely upon
ing within the limits of the state or country.
contract. express or implied, from the special
usage of dealing between the parties. Whar..
9 How. Pro 337.

ton. GENERAL RETAINER. A general


relainer of an attorney or solicitor "merely
GENERAL MALICE. General malice
gives a right to expect professional service
is wicltedness, 8 disposition to do wrong. a
when requesled, but none which is not re­
"black anu diabolical heart, regardlt!ss of so­
quested. It binds Lhe person retained not to
cial d uty and fa�ally bent on mischief." 11
take a fee from another against his rp.tainer,
Ired 261-
.

but to do no;thing except wllat he is asked to


GENERAL MEETING. A meeLing of do, and for this ue is to be distinctly paid."
all the stockholders of a corporation, aU the 6 R. 1. 206.
creditors of a bankrupt. etc.
GENERAL RETURN-DAY. The day

GENERAL MONITION. In civil law for Lhe genera.l return of all writs of sum­

and admiralty practice. A m o n i tion or SUUl­ mOllS, subpcena, etc., running to a particular
term of the court.
mons to all parties in interest to appear and
"how cause against the decree prayed for. GENERAL RULES. General or stand·

GENERAL OCCUPANT. At common ing orders of it. court. i n relation to practice.

law w here a man was tenant pur auter vie. etc, See GENERAL ORDEHS.

or had an estate granted to himself only (with­ GENERAL SESSIONS. A court ot


out menLioning his heirs) fOl' the life of an­ record. in England, held by two or more jus.
other man, and died without alienat.ion during tices of Lhe peace, for the execution of Lh&
t.he life of cestu,i que 'Die, or him by wllose authority given til em by the commission of
life i t was holden. he that could first enter on the p�ace and certain statutes. General sps­
the land might lawfully retai n the possession, sians held at certain times in the four q u ar­
so long as cestui que 'Die li ved, by right of oc­ ters of the year pursnant to St. 2 Hen. V. are
cupancy, and was hence termed a " general"
properly called l'quarter sessions," (q. 'V.,)
or common " occupant." 1 Steph. Comm. but intermed iate geneml sessions may also be
415. held. Sweet.

GENERAL ORDERS. Orders or rilles GENERAL SHIP. W here a ship i s nol


of cou rt.] promulgated for the gU idance of cha rtered wholly to one person, but the owner
practitioners aud the regulation of procedure offers her generally to carry the glJUUS of all
in general, or in sOllle general branch at' its comers, or wllere. if chartered to one person,
jurisdiction ; as opposed to a rule or an order he olfers her to sevel'al sullfreighters for the
made i n an incli vidual case; the rules of court. conveyance of their goods, she is called a
If
generaP' ship. as opposed to a "cbartered"
GENERAL OWNER. The general
one. Brown.
owner of a thing is he who bas the primary
A vessel in which the master or owners engage
or residuary til.le to it; as distinguished from
separately with a number of persons unCOnIH'cted
a spee-1al owner, who has a specia l interest in with ea.ch other to convey their respect.ive goods
the same thing, amounting to a qualified to the place of the ship's destinatiOD. G Cow. 173.
ownerShip, 8uch, for example, as a bailee's
GENERAL SPECIAL IMPAR­
lien.
LANCE. An imparlanco (q. '0.) gran ted
GENERAL PARTNERSHIP. A part­ upon a prayer in which the defendant re­
nership in w h ich the parties carry 011 all t h ei r serves to h i tnsC:!lf Hall advan tag(·s anu excep­
trade and business, wbatever it may be, for liollS WUi.ltSV\;lYt![." 'Z Chit. PI. 408.
GENERAL STATUTE 537 GENERATIO

GENERAL STATUTE. A statute re­ "by, through, or under" the grantor or his
lating to the whole community, 01" co nce rn ­ heirs, it is called a "special warranty . "
Ing all persons generally , as distinguished
GENERALE. The us ual commons In a
trom a p riva te or special statute. 4 Coke,
rel igious house , disti ng n is hed from pietan­
75a; 1 BI. Comm. 85, 86.
tire, which on extraordinary occasions were
GENERAL TAIL. An estate tail where allowed beyolld the commons. Cowell.
one parent only is specified, whence the issue
must be derived, as t.o A. and the heirs of his Generale dictum generaliter est inter­
body. pretandum. A general expression is to be
i nterp reted generally. 8 Coke, U 6a .
GENERAL TENANCY. A tenancy
which is not fixed and made certain in point Geuerale nihil certum implicll.t. A
of duration by the agreement of the p arties. general expression implies nothing certain.

22 Ind. 122. 2 Cok e. 34b. A general recital in a deed bas


not the effect of an es toppel . Best, Ev. p.
GENERAL TERM. .A. phrase I1sf'd in
408, § 370.
some jurisdictions to denote the ordinary ses­
sion of a court, for the trial and detpl'mina­ Generale tantum valet in generalibus,
Lion of caust"s, as distinguished from a special qmtntum singulare in s1ngulis. What is
term, for t he bearing of molions or argu­ gen eral is of as much force among general
ments or the despatch ot various kiuds of tliiugs as what is particular is among thin gs

formal business. or the trial of a special list particular. U Coke, 5gb.


or class of cases. Or it may denote a sittin g G e n e r a 11 a prrecedunt, specialia se­
of tile co u rt in bane. quuntur. 'fhings gene ral precede, things
GENERAL TRAVERSE. One preced­ s pec ial follow. Reg. Brev.; Brauch, Pri ne.
ed by a g ,"n eral inducement, and de n ying in
Generalis. specialibus non derogant.
general terms all that is lust before alleged
Jenk. Cent. 120, ci ted L. R. 4 E xch . 226.
011 the oppositH side, instead of p u n w i ng the
General words do not derogate from spec ial.
words of the allegations which it denies.
Gould, PI. vii. 5. Generalia s·· .�", prreponenda singulari­
bus. Branch, el'inc. General t bing s are
GENERAL USAGE. One which pre­
to p recE:de pa r tic u la r thing s.
vails gelleralJy th rougho u t the country, or is
followed gen erally by a gi ven proCessiun o r Generalia verba sunt generaliter in­
trade, and is not local ill its naLul'e o r olr telligenda. General words are to be under� H
servance. stood gene ral ly, or in a general sense. S
l ust. 76; Broom, Max. 647.
G E N E R A L VERDICT. A verdict
whereby the jury find either for the plaintiIT Generalibus specialia derogant. Spe-
Or (or the defendant ill gen eral terms; the or� cial things take from generals. Halk. Lat.
I
dinary fol'LU of a verdict; d is tingu i s hed from Max. 51 .
a .�pecial verdict, (g. v.)
Generalis clausula non porl'igitur ad
GENERAL WARRANT. A process ea qum anteo. specialiter sunt compre-
which formerly issued from the state secre� hen sa. A ge neral clause does not extend J
tllry's oOice in E ngland to take up ( w i thout to t.hose thi ugs which are previously p ro vid �

naming a.ny persolls) the author, printer, and ed for specially. 8 Coke. 154b. Therefore,
publisber of such obscene and seuitious Jibds where a deed at the first contains special
as were specifi�tl in it. It was declared iIle� words, and afterwards concludes in general
gal and void f o r unc.ertRinty by a vote of the words, both \� ol'ds. as well gen eral as special.. K
huuse of common:; on the 22tl April , 176G. s lla ll stand.
'Vharton.
Generalis regula generaliter est intel­
GENERAL WARRANTY. The nRme ligenda. A. gen eral rule is to be understood
of a covenant ot warranty inserted in deeds, geuerally. 6 Cok e, 65.
l
by which the gnlOtorbinds himself, his heirs,
GENERALS OF ORDERS. Chiefs ot
. etc., to " warrant and forever defend" to the
orders of monks, friars, and other
tbe several
grantee, his heirs, etc., the> title therelJy con­
relig io us societies.
veyed, against the lawful claims of all per�
80ns whatsoever. Where the warranty is GENERATIO. The Issue or offspring ot M
only against the claims q[ p ersons chti ming a mother�rnonasteI'Y. Cowen.
GENE HOSA 538 GEST

GENEROSA. Gentlewoman. Cowell; In logIc, it is the first of the universal ideas,


2 Inst. 668. and is when the idea is so common that it ex-
tends to other ideas which are also universal ;
GENEROSI FILIUS. The son of a
e. g• • incorporeal hered itament is genug w ith
gentl eman . Generally abbreviated " gen. fll."
respect to a 1'ent, which is speciea. Woolley,
GENEROSUS. GenUemall; a gentleman. Introd. Log. 45; 1 Mill . Log. 133.
Spelman.
GEOPONICS. The science of cultivating
GENICULUM. A degree of consanguin� the ground; agriculture.
it)'. Spelm an .
GEORGE· NOBLE. A gold coin. value
GENS. In Roman law. A trlbeor clan ; 6s. 8d.
a group of fam ilies. connected by common
GERECHTSBODE. In old New York
descent and bearing the same name, bei n g
law. A co urt messenger or constable.
all free-born and of free ancestors, and in
O 'Callaghan, New Neth. 322.
possession of full civic rights.
GEREFA. In Saxon law. Gre v e, reve,
GENTES. People. Oontra omnes gentes,
or reeve; n ministerial officer of high antiq.
agai nst aU people. Bract. fol. 37b. Words
uity in E n gland ; ans w ering to t he grave or
used in the clause of warranty ill old deeds.
gm/, (orajio) of the early con ti n en tal nations.
GENTILES. In Roman law. The mem­ The term WaS appl ied to various grades ot
bers of a gens or common tribe. omcers, from the scyrc·,qerefa, shire·!J1'efe, or
sh£1'e-Te've. who bad cha rge of tbe county.
GENTLEMAN. In E nglish law. A
(and whose title and office have been perpet­
person of superior birth.
uated in the modern "sheriff, ") down to
Under the denomination of "gentlemen " are
oompriseo all above yeoman; whereby noblomen the tun-ge1'efa, or town-reeve, and lowe r .

are truly called "gentlemen. II Smith de Rep. Ang. 13 u rl'ill.


lib. 1, cc. 20, 21.
A "gentleman " is defined to be one who, wit.hout GERENS. Beari n g . Ge1'ens datutn,
any title, bears a. coat o'l arms, or whose ant':estors uate. 1 Ld. Raym. 336; ITob. 19.
bearing
have been freemen j Bnd, by the coat tbat a gentle­
man giveth, he is known to be, or not to be, de­ GERMAN. Whole. full. or own. in reo
scended from those of his name that lived many spect to rel ati on sh ip or descent, B rothers·
hundred years since. Jacob, german, as opP03ed to half�brotbers, are
those who have both the same fathel' and
GENTLEMAN USHER. On e who ll Olds
mother. COUSin s-german are U first" cous­
a post at court to usher others to the presence,
ins; that is, clliluren of broth ers or sister8 .
etc,

GENTLEWOMAN. A woman of birth


GERMANUS. Descended of the S;�Dle
stock, or from the same couple of ancestorsj
above the common. or equal to that of a gen­
of the whole or full blood. Mackeld . H.om.
tleman j an addition of a woman's state or
degree.
Law, § 145.

GENTOO LAW. See Hrnnu LAW. GERMEN TERRE. A sprout of the


earth.A you ng tree. 80 called.
GENUINE. This term, when used with
reference to a note, imports nothing in regard GERONTOCOMI. In the civil law.
to the collectibility of the note, or in regard Ofii cefs appointed to manage hospitals for

to its Jega l effect or operatio n , other titan the aged poo�.

that the note is not false, fictitious, simulated, GERONTOCOMIUM. In the civil
spurious, coun terfeit , or, in short, that the law. An institution or hospital for ta ki ng
apparent milker did make alld deli\'er the note care of the old. Cod. 1. 3, 46, 1 j Calvin.
oUered for sale. 37 N. Y. 487.
GERSUMARIUS. F in abie ; liable to
GENUS. In the ci vi l law..A general be ameroed at the discretion of the lord of a
class or division , com pr isi ng s e v eral speci es. manor. Cowell.
In toto jure generi per speciem dero,qatu,I', et
illud putillsimum. habetur q1.lOd ad spec/em
GERSUME. In old English law . Ex­
pense ; reward; compensatio n j weal th. It is
directum est, throughout the law. the species
also used for a fine or compe nsation for aD
takes from the gen us, and that is most par ­

olfense. 2 Mon. Ang l . 973.


ticularly regarded which refers to the species.
Dig. 50. 17. 80. GEST. In Saxon law. A. guest. A
A man IS lineage, or direct desce ndants. name given to a stranger on the second night
GESTATION. UTERO-GESTATION 539 GILD

,ot hIs entertainment In anotlJer's bouse. penclicular post, from the top at which pro­
Twa-night gest. ceeds one arm, except it be a double gibbet,
which is formed in the shape of the Homan
GESTATION, UTERO· GESTATION.
capital 'f. Enc. Lo nd .
In medical jurispruuence. The time duri n g
which a female, who has conceived. carries
. GIFT. A voluntary conveyance of land,
the em bryo or fOJt'us in her uterus. or transfer of goods, from one perBon to an..

GESTIO. In the civil law. Behavior other, made gratuitously, and not upon any
or conduct. consideration of blood or money. 2 BI.
Management or transaction. Neaotioru,m Comm. 440; 2 Steph. Comm. 102; 2 Kent.
gestio, the doing of an other 's business; an Comm. 437.
interference i n the affairs of another in bis A gift is a transfer ot personal property,

absence, from benovolence or friendship. anti made voluntarily and without consideration.
without au thority. Dig. 3, 5, 45; Id. 46, 3, Civil Code Cal. § 1146.
12. 4; 2 Kent. Comm. 616, note. In popular language, a volunlary convey­
ance or aSSignment is called a "deed of gift."
GESTIO PRO HlEREDE. Behavioras " Gift" and " ad vancement" are sometimes
heir. This expression was used in the Ro­ used inte rchangeably as express ive of the
m an law, and adopted in the civil law and same oper,ltion. But, while an advancement
ScoLch law. to denote conduct on the part of is al ways a gift, a gift is very frequently not
B. person appointp.d heir to a deceased pers on, an advancemtmt. 3 B re wst. 314.
or otherwise entitled to succeed as heir, \\'hicll In English law. A con veyance of landa
Jndicates an intention to enter upon the in­ in tail ; a conveyance of an estate tail 1n
heritance, nnd to hold himself out as heir to wh i ch the operative words art\ "1 give, " o r
creditors of the deceaged j as by recei ving the "I have given." 2 BI. Comm. 316j 1 Steph.
rents due to the deceased, or by t aki n g pos� Comm. 473.
session of his title-deeds, etc. Such acts will
render the heir liable lo the debts of his an­ GIFT ENTERPRISE. A .cheme for
cestor. Mozley & 'V h i tley. the di vision or distribution of ce rtai n articles
of property, to .be determined by chance,
GESTOR. In the civil law, One who
amo ng those who have taken shares in the
acts for another, or transacts another's bus­
scheme. The phrase has attained sucb a
iness. Calvin.
notoriety as to ju sti fy a court in taking ju­
GESTU ET FAMA. An ancient and dicial notice of what is meant and understood
obsolete writ resorted to wilen a person's by it. 81 Ind. 1 7 ; lOti Mass . 422. H
good behavior was impeached. Lamb. Eir.
1. " c. 14. GIFTA AQUlE. The .tream at water
to a mill. Mon. An gl. tom. S.
GESTUM. Lat. In Roman law. A
deed or act; a thing don�. Some writers af� GIFTOMAN. I n Swedish law. The
rected to make a distinction LJetween "ges­ right to dispose of a woman in marriage; or
tum" and "factum." But the best authori· the person possessing such right,-her fath...
ties pronounced t.his subtile and indefensible. er, if Ih'ing, or, if he be dead. the motber.
Dig. 50. 16. 5B.
GILD. In Saxon law. A tax or tribute. J
GEVILLOURIS. In old Scotch law. Spelman.
Gaolers. 1 Pite. Crim. Tr. pt. 2, p. 234. A ti ne, mulct, or amerciamentj a satisfac­
tion or compensation for an inj my.
GEWINEDA. In Saxon law. The an­
A frate m ity, society, or company of per·
cient convention of the people to decide a
sons combined togethtl', under certain regu· K
cause.
lations, and with the king's license, and 80
GEWITNESSA. In Saxon and old En· called because its expenses were defrayed by
glish law. 'fhe givi ng of evidence. the co"tTtbutions ( geld, gild ) of its 1I16m bE"ts.

GEWRITE. In Saxon law. Deeds or


Spelnmn. In otber words, a corporation; L
charters ; writings. 1 Reeve, E ng . Law, 10.
called, in Latin, "societas, " "collegium,"
·'fralria," "I"l'aternitas," Ii .odaltUu.m,"

GIBBET. A gallows; theposton wlnch .. adunatio ,- " and, i n foreign la w, "gildonia."


malefactors are ha.nged, or OD \\' hich their Spelman. There were various kinds of these
bodies are exposed. It differs from a com­ gilds, as merchant or commercial gilci:J, re­ M
mon gallOWS, in that it consists of one per- lig io u s gilt.Ls. and others. S Turn. Anglo
GILD 540 GLADIUS

Sax. 98; 3 Staph. Comm. 173. nOle u. See be maintainable; the essen t ial grou n d or ob­
GILDA. MERCATORIA. ject of a suit. and without which there is not
A friborg. or decennary; called, by tbe Sax­ a cause ot nction . 101 Ill. 304.
on3, Ugyldscipes," nnd its members, "gil­
GIVE. A term Ilsed in deeds ot convey�
clones " and "conglldones. H S p el m an.
ance. At common law. it implied a cove­
GILD-HALL. See GUI_LDUALL. nant for quiet en joy men t. 2 Hil. Real Prop.
366.
GILD-RENT. Certain payments to lh.
In their ordinary and famlliar signification, the
crown from any gild or fraterni ty .
words "sell II and "give" ha.ve not the same mean­

GILDA MERCATORIA. A gild mer­ ing, but are commonly ueed to express difl'erent
modes of transferring the right to property from
chant, or merchant gild; a gild. COl pOl'ation.
one person to another. "To sell" means to 1.r'ans­
or company of merchants. 10 Coke, 30. fer for a valuable consideration. while "to give"
signifies to transfer gratuitously, without any
GILDABLE. In old E ng lish law. Tax­
equivalent, 14 Md. 18<1.
able, tributary. or contri b uto ry ; liable to pay
Lax or tribute. Cowel l ; Blount. " GIVE AND BEQUEATH. " Thes.
words. In a will, I mp ort a benefit in point of
GILDO. In Saxon law. Members of a
right, to take effect upon the decease of the
gild or decennary. Often er spelled 14con_
testator and proof of the will. u nless it is
gildo." Du Cange; Spelman.
made in terms to depend upon some contin­
GILL. A l iquid measore, containing one-­ gency or cundWon p re(! eu e n t . 9 Cush. 519;
fourth of a pint. 33 Conn. 297 ; 8 W heat. 5iJ8.

GILOUR. L. Fr. .A cheat or deceiver. GIVE BAIL. To furnish or put in bail


Applied in Britton to those who solel false or or security for one'8 appe:u·ance.
spurious things for good, as pewter for sil­
GIVE COLOR. To admit an apparent
ver or laten for gold. Britt. c. 15.
or coloral..ll e right in the opposite party. See
GIRANTE. .An Ital ia n word, which CoLOR.
signifies the drawer of a bill. It is derived
GIVER. A donor; he who makes a gift.
from " gi-rare, " to tlraw.

GIRTH. In Saxon and old English law. GIVING IN PAYMENT. In Loui­

A Olf'ctsure of l engt h , equal to one yard. de­ sian a law. A p hrase (translating the }"r.
rived frolU the girth or circumference of 8 " dation en paJlement") which s igni fies the

man's body. delivery and acceptance of real or personal


property in satisfaclion of a debt. instead of
GIRTH AND SANCTUARY. In old
n payment ill money. See Civil Code Ln.
Scotch Jaw. An (lsylum gi ven to mu rderers.
.rt. 2655.
where the murder was committed w i thout
Rny previous d es i gn . and in cltaude mella, or GIVING RINGS. A cerem ony ancient­
beat of p assion . Bell. ly performed i n England by serjeants at law
at the time of their appointment. The ring(
GISEMENT. Agis t.ment i cattle taken
'Were inscribed with a motto. geuerally in
in to graze at a certain price; also the money
Latin.
received for grazing cattle.
GIVING TIME. Th e act of a creditor
G I S E R. L. Fr. To lie. Gist en le
in extelilling the time for tIll" paYllIentor sat­
bouche. it lies in the mouth. Le action bien
Isfaction of a claim beyond the time sti pulat­
g-u·t. the nction \vell lies. Gisant, ly i ng .
ed in the origi n al contract. If done without
G I S E T A K E R. An agister ; a person the cOllsent of the surety, i ndors er , or guar­
who takes cattle to graze. antor. it discbarges him.

GISLE. .A pledge. F"edgisle, a pledge GLADIOLUS. A little sword or dagger ;


of peace. Glslebert. an illustrious pledge. a kind o f s edge. Mat. Pa.ris.

GIST. In pleadi n g. The essential ground GLADIUS. Lat. A sword. .An an ci en t


or object of the action in poin t of law, with­ emblf'm of defensl". Hence the ancient earts
out which there would be no calise or acti vn . or comites (the king's nttenliant8. -ldvisers.
Gould. PI. c. 4. § 12; 19 Yt. 102. anu associateS i n his government) were made
The gist of an action is the calise for l�y bei ng girt witb swords, (gladio succin�ti.)
wbich an action will lie; the g ro und or foun­ The emblem of thf' ("xeculory power of the
dation of a suit, wilhout which it would not law in punishing cri lIlI.�;:J. 4 Dl. Corom. 177.
GLADlUS 541 GO B AIL

In old Latin authors. and in the Norman brief ill u strative comments or annotfltions on
taws, this word was used to signify supreme the text of Justinian's collections, made by
ju risd iction, (jus gladU.) the profess ors who taught or lectured on
them about the t welfth century. (especially
GLAIVE. Asword. lance, or horseman's
at the law school of Bologna, ) amI wore
8taff. One of the w eapons allowed in a trial
hence called .. ,glossalo1's. " These glosses
by combat.
were at first i nserted in the text with the
GLANS. In the civil law. Acorns or words to which they referred. and were called
nuts of the oak or other trees. In a larger ",qtossre interlinea 1'e8,." but afterwards they
sense, all fruits of trees. were pla ced in the margi n. partly at the si de,

GLASS-MEN. A term used In St. 1 and pa rtly under the text. and called " gloss(E
It
Jac. L c. 7, for wandering rogues or va­
'lna1'uinales. A selection of them was made
grants. by Accursius, between A. D . 1220 and 1260.
under lhe ti tle of " Glossa Orriina1ia," which
GLAVEA. A hand dar'_ Cowell. is of tbe g reatest authority. Mackeld. Rom.

GLEANING. The gathering of grain Law, � 90.


after reapers, or of grain left u ngathered by Glossa viperina est qure corrodit visce­
reapers. Held not to be a rig ht at COOllllon ra textus. 11 Coke, 34. It is a poisonous
law. 1 H. Bl. 51. gloss which corrupts the essence of the text.

GLEBA. .11 turf, sod, or clod of ealth.


GLOSSATOR. III the civil law. A.
The soil or grou nd ; culti vated land in gell­
COlTImelltator or a nnotator. A term applied
eral. Chu rch land. (solum et dos ecclesire.)
to the professors and teachers of the Ronutu
Spelman. See GLlIDE.
law in the twelfth century, at the llead of
G L E B .IE ASCRIPTITII. Villei n-soe­ whom was !rnerius. Mackeld. Rom. La w.
men, who could not be removed from the � 90.
l and while they did the service due. Bract .
c. 7 ; 1 Heeve, Eng. Law, 269. GLOUCESTER, STATUTE OF. The
6 Edw. 1. c. I, A. D. 1278. It
statute is the
GLEBARIlE. Turfs dug out ot the takes its name from the place of its enact­
ground. Cowell. ment. and was the first statute giving costs
in actions.
GLEBE. In ecclesiastical la.w. The
land possesged as part of the endowment or GLOVE SILVER. Extrao rdinary re­
revenue of a church or eccl es iastical ben efice. wards formerly given to otlkers of courts, H
Ir. Roman law. A clod ; turf ; soil. etc.; money formerly given by the sheriff of
Hence� the soil of an inheritance; an agra­ a coun t.y in wbkh no offenders are left for
riron estate. Servi addicti glebce were serfs exec ution to Llle cler k of assize and judges'
nt tached to and passing
I
witb the esta.te. officers. Jacob.
Cod. 11, 47, 7, 21; Nov_ 54, 1.
GLOVES. It was an ancient custom on
GJ�!SCYW A- In Saxon I. w. A frater­ a maiden assi:t.e, when there was no offender
nity. to be tried. for t he sheri If. Lo present the judge

J
Comm i ssio ne rs with a pair of white gl o v es . It is an im ll1&­
GLOMERELLS. ap­
pointed to determin e differences between modal custom to remo\'e the glove frum the

schohus in a school or university and the right llund on ta ki ng oath. W lmrtoD.

GOwnsm&n of the place. Jacob.


, GLYN. A hollow between two mount­
ains; a valley or glen. Co. Litt. 5b.
GLOS.
band's sister.
Lat. In the civil law.
Dig. 38, 10. 4, 6.
A hus­
K
GO. To be dismissed from a court . To
GLOSS. An interpretation, consisting of issue from a court. "The COUl't said a man­
one or more words, interlinear or m argi nal ; damus must go." 1 \V. Bl. 50. "Let a
supersedeas go." 5 Mod. 421. "The writ
L
an annotation, explanation , or comment on
ary passag e i n the text of a work, for pur­ may go." 18 C. B. 35.
poses of elucidation or amplification. Par· This word . in a statutory provision that
ticularly applied to the comments on the C01'· property "shall go to the survivor, " etc., is
pus Juris. to be construed as equivalent to vest.

G:LOSSA. A gloss, expl an at i on, or inter­ GO BAIL. To ass u me the responsibility


.
M
pr etation. The glossceof the Roman law are s urety on a
of a bail-bond.
GO TO PROTEST 542 GOOD

GO TO PROTEST. Commercial paper ' ship are braced square across. 1 Newb. Adm.
is said to "go to protest" when it is dishon­ 115.
ored by non-payment or non-acceptance and
GOING THROUGH THE BAR. The
18 handed to a notary for protest.
act of the chief of an English common·!aw
GO WITHOUT DAY. Words used to court in demanding of flvery member of the
denote that a party is dismissed the court. bar. in order of.seniorit.y. if he has anything
He is sahl to go without, day, because there to move. This was done at the sitting of the
is no day appointed for him to appear again. court each day in term, except special paper
days, crown paper days in the quean's bench,
GOAT, GOTE. In old English law. A
and revenue paper days in the exchequer.
contrivance or structure for draining waters
On the last day of term tbis order is reversed.
out of tile land into the sea. Callis describes
the first nnd second time round. In the tl-x..
goats as " usual engines erected and built
chequer tile postman and tubman are first
with portcullises and doors of timber and
called on. Wharton.
stone or brick, invented irat
t in Lower Ger­
many." Callis, Sewers, (91,) 112.113. Cow­ GOING TO THE COUNTRY. Wilen
ell defines U gate, " a ditch, sewer, or gutter. a party. under the common·law sysLem of
pleading. finished his pleading by the words
GOD AND MY COUNTRY. The an· "and of this he puts himself upon the coun�
swer made by a prisoner, when arraigned.
try, " this was called "going to tbe country."
in answel' to the question. II How will you be It was t.he essential termination to a pleading
tried?" In the ancient practice he bad the which took issue upon a material fact in the
cboice (as appears by the qU�8tion) whether preced ing pleading. ·Wharton.
to submit to the trial by ordeal (by Gael) or
GOING WITNESS. Olle who is about to
to be tried by a jury. (by the country;) and
take bis depart.ure from the jurisdiction of the
it is probable that the origi nal form of the
court, although only into a state 01' country
answer was, "By God OT my country. tt where..
under the general sovereigntYi as from one­
by the prisoner averred his innocence by d&­
to :moiher of the United States, or from
elining neither of the modes of trial.
England to Scotland.
GOD�BOTE. An ecclesiastical or church
fine paid (or crimes and oll'enses committed GOLDA. A mine. Blount. .A. sink or
passage for water. Cowell.
against God. Cowell.

GOD· GILD. That which Is offered to GOLDSMITHS' N O T E S . Bankers'


cash llotes (i. e. • promissory notes given by
God or his service. Jacob.
8 banker to bis customers as acknowledg­
GOD'S ACRE. A churchyard. ments of the receipt of money) were origI­
GOD'S PENNY. In old English law. nally called in London "goldsmiths' notes. "
Earnest-money; IDoney given as evidence of from the eircl! msiance that all the banking
the completion of a bargain. This name is business in England was originally transact;..
probalJly d�rived from the fact that sucb ed by goldsmiths. \VlJarton.
money was given to the church ordil:ltributed GOLDWIT. A mulct or fine in gold.
in alms.
GOLIARDUS. L. Lat. A jester, buf.
GOGING·STOLE. An old form of the foon. or juggler. Spelman. voe. "Golial"
word "cucking-stool , " (q. 'D.) Cowell. densis."
GOING CONCERN. .A. firm or corpo­ GOMASHTAH. In Hiudu law. An
ration which, though embarrassed or even agent; a steward ; a confidential factor; a
insolvent, continues to transact its ordinary representative.
business. 30 Fed. Rep. 865.
GOOD. 1. VaUd ; SUfficient In law; ef ..

GOING OFF LARGE. This is a nau· fectual; unobjectionable.


tical phrase, and signifies having the wind 2. Uespoll sible; solvent; able to pay aD.
free on either tnck. 1 Newb. Adm. 8, 26; 6 amount specified.
McLean, 152, 170. 3. Of a value corresponding with its terms;
A vess"l, in nautical technicality. "is go­ collectible. A note is said to be II good"
ing off large'.... when tile wInd blows from when the payment of it at maturity may be
II ­
some point " abaft the beam i" is going ba relied on.
fore the wind" wl!en the wind is "free," Writiog the word "Good" acrOl:�s the face of •
comes over the st.ern, and th" yards of the check is the customary mode in which bankers at.
GOOD ABEAlllNG 543 GOODS SOLD AND DELIVERED

the present d ay certify that the drawer bas funds ployed therein. in consequence of the genera'l
to meet it, and Lha.t it will be paid on p resentatio n
public patronage and encouragement which
tor that purpose,
it receives from constant or habitual custom­
GOOD ABEARING. See ABEARANOE. ers. on account of its local position, or com..
man celebrity, or reputation for skill or a!­
GOOD AND LAWFUL MEN. Those
fiucnce or punctuality, 01' from other acci­
who are not disqualified for service on juries
dental circumstances or necessities, or even
by non-age. alienage. infamy. or lunacy, and
from ancient partialities or prej udices.
who reside i n the county of the venue.
Story. Pm·tn. § 99; 33 Cal. 624.
GOOD AND VALID. Reliable. sutli· The good- will of a business is the expecta­
cient, and unimpeachalJle in law; adequatej tion of conti nued pu blic patro l1ilge. but it does
respollsilJle. See GOOD. not include a right to usc the name of any
person from whom it was acqUired. Civil
GOOD BEHAVIOR. Orderly and law·
Code Cal. § 992; Civil Code Dale § 577.
[ul conduct; behavior such as i3 proper for a
The term Ilgood_will" does not mean siruplythe
t>eaceable and law-�'l.biding citizen. Surety advantage of occupying particular premises which
\)f good behavior may be exacted from any have been oCCllPied by a manufacturer, etc. Ii
one who man ifests an intention to commit means every advantage, every positive advantage,

crime or is otherwise reasonably suspected that has been acquired by a propl'ietor in carrying
on his business, whether connected with the prem·
of 8 criminal design. ises in which the business is conducted, or with
the name under wbich it is managed, or with any
GOOD CONSIDERATION. A.distiu·
other matter carrying with it the benefit of the
guished from fJaluable consideration, 8 con­ business. 61 N. Y. 226.
sideration fouuded on motives of generosity,
GOODRIGHT, GOODTITLE. The
prudence, and natural dut.Yi such as natural
fictitious plaintiff in the old action of eject­
love and affection.
ment, most frequently called "John Doe."
GOOD COUNTRY. In Scotch law. was sometimes called " Goodright" or "Good­
Good men of the country. A name given to title. "
a jury.
G O O D S. In contracts. The term
GOOD FAITH. Good faith consists in IIgoods" is not so wide as " chattels. " for it
an honest intention to abstain from taking applies to ina.nimate objects. and does not in­
any unconscientious advantage of another, clude animals or chattels real, as a lease for
even through the forms or technicaliLies of years of house or land. which "cbattels" does
law. together with an absence of all informa� include. Co. Litt. 118; 1 Russ. 376. H
tion or belief of facts which would render In wills. In wills "goods" is nomen gen­
the transaction unconscientious. Civil Cod e �ralissimum. and. if there is notbing to limit
Dak. § 2105; 1 Dak. 399, 46 N. W. Rep. it. will comprehend all the personal estate ot
1132. the testator. as stocks, bonds, notes, money,
As to a purchaser in good faith, see BONA plate, furniture, etc. 1 Atk. 180-182. I
FIDE PUROHASER.
G O O D S A N D CHATTELS. Th is
G O O D JURY. A jury of which the phrase is a general denomination of personal
members are selected from the list of special property, as distinguish cd from real property;
jurors. See L. R. 5 C. P. 155. the term IIchattelsll having the effect of ex.. J
tending its scope to any objects of that nat;.
GOOD TITLE. TiJis means 8uch a title
ure which would not properly be included by
as a court of chancery would adopt as a suffi­
the term "goods" alone. e. g living animals,
cient ground for compelling specific perform­
. •

emblements, and fruits, and terms under


ance, and such a title as would be a good an-
leases for years. Tbe general phrase also
K
...·e1' tu an action of ejectment by any claim­
4'
embraces choses in action. as well as person­
ant. 6 Exch. 873. See, also, 23 Barb. 370.
alty in possession.
GOOD-WILL. The custom or patron­
In wills. The term " goods and cllattels "
age of any established trade or business; the
will. unless restrained by the context. !JaBS L
benefit or advantage of having establisbed a
all the personal estate, including leases for
bUSiness and secured its patronage by the
years. cattle, corn, debts, and tbe like. Ward,
public.
Leg. 208, 211.
The advantage or benefit which is acqUired
by an establishment, beyon d the mel'e value GOODS SOLD AND DELIVERED. M
of the capital, stocks, funds, or property em- .A. phrase frequently used in the action ot u-
GOODS, WARES, ETC. 544 GOVERNMENT DE FACTO

fumpsit, when the sale and deliv ery of goods by means of which the executh'e, j udicial,
furnish the cause. legislative, and administrative business or
the state is carried on .

.. GOODS, WARES, AND MERCHAN·


6. The whole class or body of ofHce-holders
DISE." A general an d com prehensi ve des­
or fll nc ti onaries considered in the aggregate,
ig na t io n of such chattels as are ordina,rily
upon whom devolves the executive, j udicial,
the s ubject of traffic an d sale. The phrase
l egislnti ve and admin istrative business of
.

Is u sed in the statute of fr�uds, and is fre­


the state .

quen tly found in plead ings and other instru­


7. In a colloq u i al sense, the United States,
ments. As to its scope, Bee 20 Pick. 9 ; 118
or its representat;ves. con sidered as the pros·
Mass. 285; 2 Mason. 407; 2 S um. 362; 4
ec ut or in a criminal act.ion; as in the phrase,
Blatcb!. 136; 20 Mich. 357; 6 Wend. 355; 40
Uthe government objects to the wit ness. "
Ind. 503 ; Dudloy. 28 ; 55 Iowa, 520. 8 N. ,V.
We understand, In modern political soienoe. by
Rep. 334; 2 Pa , s. Cont. 330 ; Benj. Sales,
·
"state, " in its widest sense, an independent sooie�
111; 2 Ke n t, Comm. 510, note. ty, acknowledging no superior, and by the tertii,
U gov.ernment, " that institution or aggregate of In·
GO OLE. In old English law. A. b reach
stitutions by whioh that society makes l\ud carries
In a bank or sea wall , or a passage worn by out those rules of action whioh are necesf\ary to eo�
the fl u x and renux of the sea. St. 16 & 17 able men to live in a social state, or which are im­
posed upon the people forming that society by
Car. 11. c. 11.
those who possess the power or authOrity of pre­
GORCE, or GORS. A w ear, pool, or scribing them, " Governmou t " is the aggregate of
authorities which rule a society. By" administra·
pit of w ale r. Teemes de Is Ley.
tion, " again. we understand in modern times, a.nd
especially in more 01' less freo countries, the aggre­
GORE. A small, narrow slip of gro und.
gate of tbose persons in whose bands the reins of
Co wel l. government are for the time being. (tbe cbief min­
isters or beads of departments.) Dut the terQlS
GOSSIPRED. In canon law. Com­
"state, " "government, " and "administration" al'C
paternity; spiritual atllnity. not always used in their strictness. 'l'he govern­
ment of a state being its most prominent featUl'e,
GOUT. Inm ed ical j u risprudence. An
whicb is most readily perceived, "government."
inflammation ot the fibrous and ligamentous bas frequently been used for "state ; " and the pub­
parts of the jo ints. licists of the last century almost always used the
term "government, " or "form of governmeut, "
GOVERNMENT. 1. The regulHtion, re­ when they discussed the different political socie·
straint, supervision, or cOlltrol which i s ex­ ties or states On the other hand, .. government" is
often USed, to this day, for "administration, " in the
E.'fcised upon the indi v id u al members of au
sense in which it has been explained. ilouvier.
organized jural society by those lnvesled
with tbe supreme pol itical a u thority, for the GOVERNMENT ANNUITIES SO­
good and welfare of the body politici or t h e CIETIES. These socie ties are formed in
act of exercisi ng supreme political power or
England under :3 & 4 \Vm. TV. c. 14, to en­
con trol.
able the imlustrious classes to make provis­
2. Th e system of pOlity in a state; t.hat form
ions for themselves by purchasing. on ad van ­

of fun d am eillai rules and principles by which


tageous terms. a government a n nuity for
a nation or state is gov'el'ned, 01' by which life or term of years. By 16 & 17 Vict. c.
indi vidual members of a body politic are to 45. this act. as well as 7 & 8 Vict. c . 83,
regulate their social ac tions ; 8 constitu t ion,
amending it, were repealed . an d the whole
either written or u n wri tten . by widell the
law in relation to the pm'chase of go\rern­
rights and duties of citizens and publiC o1l:l­ ment ann uities. through the m edi um .of sav·
eel'S are prescril>ed and ue fi n ed , as a lIIonarch­ ings ban ks was con sol i dated . And by 27 &
.

ical gove rn ment, 8 rep u bl ica n govern m ent, 28 Vict. c, 43, adtJitional fac:lities were af·
etc. Webster . forded for the purchase of such annuities,
3. An empire. king dom . state. or inuepend­
and for assuring payments of money on
ent pOl itical community; as in the pbnlse, death. Wharton.
" Compacts between independent g ove rn­
m en ts." GOVERNMENT DE FACTO. A gov­
4. The 89vereign or s u preme power in a ernment of fact. A government actually ex­
etate or nat io n . erCi sing power and control in the state. as
5. The machinery by wh i ch the sovereign opposed to the true and lawful government;
power in a s late expresses its wi ll and exer­ a government not established accor din g to the
cises its functions; or the framework of po­ con stitution of the state, or not lawfully en­
litical insti tu tio ns , departments, and offices, titled to recognition or su!)remacy, but which
GOVERNMENT DE FACTO 645 GHAFIO

bas Ileverlheless supplanted or displaced the receives not presently (although it received
gO\'ernment de jure. formerly) habitual obedience from the bulk
A government deemed unlawful, or deemed of the community. Aust. Jur. 324..
wrongful or unjust, which, nevertlteless, re­
GOVERNOR. The tltl. of the chief ex·
ceives presently habitual obedience from the
ecuti va in each at the states and territories 01
bulk of tbe co m m un ity. Aust. J U t. 324_
the United States ; and also of the chief mag­
'l'bClre are several degrees of what 1.8 called "de
istrate of some colonies, provincea. and dE>­
facto government.. "
Such a government, tn Its highest degree, M­ pendencies of other natioDs.
lurnes H. character very closely resembling that of
a lawful government.. This is when t.he u!)urping GRACE. This word 18 commonly used In
government expels the regular authorities from contradistinction to " right. " Thus, in St_ 22
their customary seats and functions, and estab­ Edw. III., the lord chancellor was instructed
lishes itsel1 in their place, and so becomes the act­
to take cognizance of matters of gl'ace, being
tlal government of a country. The distinguishing
characteristic of such 8 government l.s that adher­
such SUbjects of equ ity j urisdict.ion as Were
ents to it in war against the government de jure exclusively malter8 of equity. Brown.
do not incur the penalties of treaaon j and, under A fac ulty , license, or dispensation; also
eertain limitations, obligations assumed by it in be­
pardon by act of parliament.
ge neral snd free
hiill' of the country or otherwise will, in general,
See AOT OF GRACE.
be respected hy u.e &,overnment de jure when re-
.Iored.
&RACE, DAYS OF. Time of Indul.
But there fa another description of government.
called also by publicists a "governmcnt de/acto. " gence granted �
a� acceptor or maker for
but which might, perhaps, be more aptly deoomi- I th e payment of hiS bill of eXChange or note .
nated a "government of paramount foroo. " Its It was originally a gratuitous favor, (hence
distinguishing characteristics are (1) that Its ex- the name,) but custom has rendered it a lega1
iBt.ence is maintained by active military power,
riCTht
1:> '
within the terrItories, and against the rightful au-
ihority, of an eatabHshed and lawful government j
GRADATIM. In old English law. By
Bnd (3) that, while it exists, it must necessarily be
obeyed in civil matters by private citizens who, by
degrees or steps j step by step; from one de­
acts of obedience, rendered i n submission to such gree to another. Bract. fol. 64.
force, do not become responsible, as wrong-doers,
for thOBO oots, though not warranted by tho laws GRADIENT. Moving step by st ep ; a
of the rightful governmont. Actual governments grade; the deviation of rail ways from a level
of this sort are established over districts differing surface to an inclined plane.
greatly in extent and conditions. They Ill'e usually
administered directly by military authority, bllt
they may be administ.ered, also, by civil authority,
GRADUATES. Scholars who have taken H
a degree in a COllege or uni versity.
lupported more or less hy military foroe. 8 Wall
I, 9. GRADUS. In the civil and old English
The term "de/acto," as descriptIve of a govern­
ment, has no well-fixed and definite sonse. It. 19, law. A measure of space. A degree of re­
perhaps, most correctly used as signifyhag a gov­ lationship.
ernment completely, though only temporarily, A step or degree gen erallY i e. g., gradus
established in the place of the lawful or regular honorum, degl'e�s of honor. Vicat. A pUl.
covernment, oocupying ita capitol, and exercising
pit ; a yeat'; a generation. Du Cange.
Ita power, and which Is ultimately overthrown,
and the authoriiy of the government cU jure re­ A port; any place where a vessel can be
established.t2 Mias. 651, 703. brought to lan d. Du Cange. J
A government iUJacto is a government that un­
lawfully gete the possession and control of the GRADUS PARENTELlE. A pedlgree:
rightful legal K'overnment, and maintnlns itself a table of relationship.
there, by force and arms, against the will of such
legal government, Hood clatma to exercise the pow­ GRAFFARIUS. In old English law . A K
ers thereot. 4.S Ala. 20&.
graffer. notary, or scriven er.. SL 6 Hen.
VIII. c. 1.
GOVERNMENT DE JURE. A gov­
ernment of right : the true and lawful go v­ GRAFFER. A notary or scrivener. See
st. 5 Hen. VIII. c. 1. '£he word is a corrup-
ernment; a go vernment establisbed accord...
Jng to the constitution of the state, and law­ tion of the French "greffier," (q. tI.) L
fully entitled to recognition and supremacy
GRAFFIUM. A writing-book, register.
and the administration of the state, but which
or cartulary ot deeds and evidences. Cowell.
is actually cut off from power or control.
A government deemed 1awfnl, or deemed GRAFIO. A. baron, inferior to a. count. M
rightful Ol'j ust, which. ne vertheless, has been A fiscal j udge. An advocate. Spelman;
supplanted or displaced ; that is to say. which Cowell.
AM.DICT. LAw-3S
GRAFT 546 GRAND JURY

GRAFT. A ter m used In eq u ity to de­ An expression WhICh is u ndersLood to re­


note tlJe confirmation, by relation back, of fer to the instrument wh ereby a ship was
the right of a mortgagee in pl'emlSeS to which, ori gi nally transferred frOID the builuer La the
at the ma king of the mortgage, the mortgag­ owner, or first purchaser. S Kent, Comm.
or had only an imperfect titie, but to which 13�.
the lat.ter bas since acquired a good title.
GRAND CAPE. In practi ce . A ju·
GRAIL. A grad ua l. or book containing dicial writ in the old real actions, which is.

some of t.he offices of the Romish Church. sued for the demandant where the tt!uant,

A chalice: a broad dish or vessel. The after being duly sum nlOned. neglected to ap.

holy grail was the vessel out of which our pear OIl the return o f the wri t. Or to cast an

Lord was believed to bave eaLen at the Last essoin, or, i n case of an essoin being cast,

Supper. Cowell. neglected to appear on the adjournment day


of the essoin; its object being to com pel HIl
GRAIN. In Troy weigbt. tbe t wen ty·
appearance. Hosc. Real Act. 165, at seq. It
fourth part of a pennyweight. Any kind of
was caHetl a "cape. " from the word with
corn Bown in the gro u nd.
which it commenced, and a " gra nd cape" (or
GRAINAGE. An anci ent duty in Lon­ cape magnum) to di sti ngu ish it from the
don under which the twentieth part of salt petit cape. whi ch lay aofter appearance.
i.mported by aliens was take n.
GRAND COUTUMIER. A collection
GRAMMAR SCHOOL. In England. of customs. laws. and forms of proced nre i n
this term desi gna tes a. schoo l in which such use i u early times in France. See COUTUe
instruction is gi ven as will pr€'pare the stu­ Ml.1£.H.
dent to enter a college or u n iversity, and in
GRAND DAYS. In English proctice.
this sense the phrase was used in the Massae
Certain days in the terms. which a rc solemn­
cilusetts colonial act of 1647, req uiri ng every
ly kept in the inns of court and Chancery,
to w n containing a h u ndred householders to
viz Can dlem as day i n Hi lary term, Ascen­
set lip a " g rammar school . " See 103 .Mass. .•

sion day iu Basler. St. J-ohn the Baptist's


97. B u t in motIem American usage the
clay i n Trin i ty , and .AJI Saints in Michael­
term denotes a school. intermediate between
mas; which al'edielinon ju1·idici. Termesde
the pri ma ry school and the Jligh school, in
In Ley; Cowel l ; Blount. They are days set
which English gmrnmar and other studies of
apart for peculiar festivity: the members at
that grade are taught.
the respective inns b ei ng on such occas io ns
Grammatica falsa non vitiat chnrtam. regaled at their dinnef i n the hall. with more
9 Coke. 48. False grammar does not vi tiate than usual sumptuousness. Bolthouse.
a deed.
GRAND DISTRESS, WRIT OF. A
GRAMMATOPHYLACIUM. (Grreco­
writ formerly issued in the real action of
Lat. ) In the civil l a w. A place for keeping
quare imped it. when no appearance had
writings or records. Dig. 48, 19, 9, 6.
been entered after the attachment; it com­
GRAMME. The u nit of wei ght In the manded th e sheriff to distrain the defend­

metric system. The gramme is the we ight ant's lands and chattels in order to c ompel
of a cu bic centimeter of distilled water at the appearance. H is no lo n ger used, 23 & 24
temperature 01' 4 0 C. It is equ al to 15.4341 Vi ct. c. 126. § 26. having abolished the ac­
grains troy, Of 5.6481 drachms· avoirdupois. tion of quare impedit, and substituted for
it tile proced ure in all ord i nary action. -VVhare
GRANATARIUS. In old Engl ish l aw. ton.
An oniCOI' havi ng charge of a granary . Fleta,
lib. 2. c. 82. § 1 ; Id. c. 84. GRAND JURY. A juryot inquiry!con�
sis�ing of from twelve to twenty-three men .
GRAND ASSIZE. A pecul iar species of
who uro summoned and returned by �he
trIal by j ury , introd uced in the ti me of Henry
sheriff to each session of the criminal courts.
11., giving the tenant or d efenda nt in a writ
and whose d u tl is to receive complaints and
of right the alternative of a tr i al by battel.
accusat.ions i n crimi n al cast's, hear the evie
or by his peers. Abolished by 3 & 4 Wro. IV.
dence adduced on the part of the s tatE', and
e. 42. § 13. See 3 Bl. COlDrn. 541.
find biJls of indictment in cases where they
GRAND B I L L OF SALE. In En· are satisfied a trial ought to be had. They
glish law. The name of an instru m ent used nre first sworn, and i nstructed by the court.
fOl the transfer of a ship while she is at sea. '1'llis is called a " grand jurJ" b�ause it COOle
GRAND LARCENY 547 GRASS WEEK

prises a greater number of jurors than the eric term, applicable to the transfer ot all
ordina ry trial jury or " petit jury." classes of real property. 3 'Yashb. Heal Prop..
181.
GRAND LARCENY. In criminal law. As distinguished from a mere licens.e, a graD.'
In E ngla nd . si mple larceny was origin ally passes some esLate or interest, corporeal or incor­
divided into two sort3.-grand lflrceny. poreal, in the lands which it embraces ; can only
be made by an instrument in writing', under seal;
where the value of the goods stole n was
and is irrevocable, when mad�. unless an e:rpresa
above twelve pence, and petit larce ny , where
power of revocation is reserved. A license is &
their va.lue was equal to or below that sum. mere authority ; passes no estate or interestwbat­
4- ill. Comm. 229. The distinctio n was abol­ ever; may be made by pal'ol j is revocable at will;
and, when revoked, the protection which it gave
ished in England by St. 7 & 8 Geo. IV.
ceases to exist. 3 Duer, 255, 258.
c. 29. and is not generally recogn ized in the
United States.
The term " grant, " in Scotland. is used In
( 1 ) to ori gi nal dispositions of land.
reference
GRAND SERJEANTY. A species of as when a lord makes grant.'i of land among
tenu re in capite. resembling knight-service. tenants; (2) to gratU ito us deeds. Paterson.
ns the service or remlf'r was of a free and In sllch ca se , the superior or donor is sai d to
honorable natu re and mili t,l ry in its charac­ to grant the uE'ed; an exp ression totally un.
ter. But the tenan t by gr and serjNmty was known in E ngl ish law. Mozley &; W hitley.
bound, i nstead of attend ing Lhe king gen ­ By the word "grant," i n a treaty, is meant
erally in his wars. to do sotne s peci al honor­ not o n ly ti. formal gri\n t. but any concesSion,
ury service to t.he ki ng in person. as to carry warra nt , order, or permission to smvey, pos­
his banner or sword, ot' to be his uutler or sess , or settle, whether written or parol , ex·
cham pion at his coron a tion . Litt. § 153; 2 press, or presumed from possession. Stich a
BI. Comm. 73; 1 Steph. Comm. 188. grant may be made by law. as as by a
,yell

pat. en t pursuant to a law. 12 Pet. 410. See


GRAND CHI LD. Tbe cbild of one's
� Adol. & E. 532; 5 Mass. 472; 9 Pick. 80.
child.
" GRANT, BARGAIN, AND SELL."
GRANDFATHER. The father of either
Opcrative words in conveyances of real es·
of one's pa ren ts.
tate.

GRANDMOTHER. The mother of ei­ GRANT OF PERSONAL PROPER­


Lher of one's pa rents. TY. A method of tran s fe rri ng personal
p roperty , d isti ngu ished f rom a gi ft by being
GRANGE. A farm furnished with barns,
gran a ries , stables. and all conveniences for
always fOllnded on some co n sidera tion or H
e q u i valo nt. 2 BI. Colll m. 440, 441. Its
hus ba ndry. Co. Litt. 5a.
proper leg al desi gnation is an "assignment,"
GRANGEARIUS. A ke.per ol a grange or " lJargain and sale." 2 Steph. Comm. 102.
or farm.
GRANT TO USES. Tlle common grant I
GRAN GIA. A grange. Co. Litt. 5a. with uses superadded, which has become lhe
favorite mode of tra.nsferring realty in Eng­
GRANT. A generiC term applicable to land. Wha rton.
all transfers of real property. 3 'Vashb. H.eal
Prop. 181, 853. GRANTEE. The person to whom a gra nt J
A transfer by deed of that wb i ch c,mnot be is made.
passed by livery. 'ViUiams, Real Prop. 147, GRANTOR. The person by whom a
149. grant is made.
An Bet evidenced by letters patent under
the grtmt seal. granting something fro m the GRANTZ. In old En gUsh law. Nobl.. K
king to a s ubject. Cruise, Dig. tit. 3(3. 3-1. men or grandees. Jacou.

A technical term made use of in deeds of


GRASS HEARTH. In old records. The
conveyance of lands to i mp ort a transfer. 3
grazing or turning up the earth with a plOW.
Wasbb. Real Prop. 378-380. The name of a c u stomary service for in ferior l
Though the word " grant " was o rigi nally
tenants to bri ng t.11eir plOWS, and doone day'.
made use of, in treating of conveyances of
work for their lords. Cowell.
interests in lands, to de note a tra ns fer by deed
of that which could not be passed by livery, GRASS WEEK. Rogation week, 80
and, of course, was a pplied o nly to incorpo­ calledanCiently in the Lnns of court and M
rea l bereuitaments, 1t has now become a gen- chancery.
GRASS WIDOW 548 GREEN WAX

GRASS "W"IDOW. A slang term for a Graviua e!lt div inam quam tempora­
woman separated from :'er hus band by aban� lem lredere majestatem. It Is more serio
donment or prolonged absence; a woman ous to burt divine tban temporal majes ty.
living npnrt from her husband. WeusLer. 11 Coke, 29.

GRASSON, or GRASSUM. A Bne paid GRAY'S IN�. An Inn ot court. See


upon the transfer of a copyhold estate. INNS OF COURT,
GRATIFICATION. A gratuity; a rec· GREAT CATTLE. All man ner 01
ompense or reward for services or benefits, be..1,sts except sht!ep and yearlings. 2 Holle.
given voluntarily, without solicitation or 173.
prom ise.
GREAT CHARTER. Magna Charta,
GRATIS. Freely ; grat ui tously ; with. (g. v . )
out re ward or consideration.
GREAT LAW, THE, or "The Body 01
GRATIS DICTUM. A vOl un tary asser· Laws of the Province of Pen nsylvania and
tion; a statement which a party is not legal­ '11 errit ories th ere u n lo belon ging, Past at au
ly bound to make, or in which be is not held Assembly beld at Chester. alias Upland. the
to precise accuracy. 2 Kent . Camm. 486; 6 7th day of the tent h month, called ' Decem­
Mete. (Mass.) 260. ber,' lli82." This was the first code of laws
establ i sh ed in Pen n sylvania, and is justly
GRATUITOUS. Without valuable or
celebrated for the p l'ov isi on i n its first chap ­

legal consideration. A term appl ied to deeds


ter for liberty of conscience. Bouvier.
of conveyance.
In old English law. Vol untary; witb­ GREAT SEAL. III Engli sh law. A
out force. fear, or favor. Br,lct. [ols. 11, 17. seal by virtue of which tl great part of the
royal authority i s exercised . The office of
GRATUITOUS CONTRACT. In the the lord ch an cellor. or lord keeper. is created
civil law. One which tends wholly to the
by the deli v ery of tbe great seal into h is cu s ­

benefit or arl vantage of one of the parties,


tody. There is one great seal for all public
without any com pensation, pront, or gain United
acts of state which concer n the
moving to tbe other. Kingdom. Mozley & WhiLley.
GRA'l'UITOUS DEEDS. InstrumenLs
GREAT TITHES. In English ecclesl·
made without bi nding consideration.
astical law. Tithes of corn, pease and beans,
GRAVA. In old English law. A grove ; hay and wood. 2 Chit. Bi. Comm. 24. uote:
a small wood; a coppice or thicket. Co. Litt. 3 Steph. Corom. 127.
4b.
GREE. Satisfaction for 8n offense com­
A thick wood of high trees. Blount.
mitted or injury done. Co well .
GRAVAMEN. The burden or gist of a
GREEK KALENDS. A colloqu i al ex·
charge; the grievance or injury specially
pression to signify a time indefi nitely remote.
complai ned of.
there being no such division of time known
In English ecclesiastical law . A griev· to the Greeks.
ance complained of by the clergy before the
bishops in con vocation . GREEN CLOTH. In English l aw. A
board orcourt of justice held in the countin g.
GRAVATIO. An accusation or impeach. house of the king' s (or qu ean 's) househoid.
ment. Leg. Ethel . c. HI. and composed of the lord steward and infe-­
GRAVE. A sepulcher. A place where riar officers , It takes its ll ame from the
a dead body is interred. green c loth spread over the board at which it
is held. 'Vharton; Cowell.
GRAVIS. Grievous ; great • .4d graDe
damnum, to the grievous damage. 11 Coke, GREEN SILVER. A feudal cnstom in
40. the manor of WriLtei, in Essex, where every
tenant whose front door opens to Gl'eenb ul'Y
GRAVIUS. A grat ; a chief magistr ate
shall pay it balf·penny yearly to the lord, by
or officer. A term deri ved from the more
the name of " green silver" or "rent."
ancient "g1'aflo," and used in combinatiu n
CoweL
WiLh various other wvrds, as an olllcial title
tn Ger many ; as Ma1'gra'l>ius. Rheingraviu8, GREEN WAX. In English law. The
Land(lTaniu8. etc. SI1eiman. name of tlle estreats in the excheq uer. deli v·
GREENBACK GROSS NEGLIGENCE

ered to the sherifi' under the seal of that court, wished to marry clandestinely to go to Gretna
which W88 impressed upon green wax. Green, the nearest parL of Scotland. and
marry accordi ng to the Scotch law ; so a sort
GREENBACK. The popu la r and almost of cbapel was built at Gretna Green, in which
exclusive name applied to all United States
the English marriage service was performed
treasury issues. It is not applied toany otber by the village blacksm ith. Wharton.
species ot paper currency ; and, when em�
ployed in testimony by way of description, is GREVA. In old records. The sea shore.
WI certain as the phrase " treasury notes." sand. or beach. 2 Mon. Angl 625; Cowell.
o

23 Ind. 21. GRIEVED. Aggrieved. 3 East, 22.


GREENHEW. In torestlaw. The aame GRITH. Peace ; protection. Termes de
8.8 vert, (2. 'C.) Termes de Is Ley. la Ley.

GREFFIERS. In French law. Regia. GRITHBRECH. Sax. Breach of tb.


trars. or clerks of the courts. They are ofU­ king's peace. as opposed to frithbrech, a
ciala attaclled to the courts to assist tlle judges breach of the nation's peace with other na.­
tn their duties. They keep the minutes, tions.
write out the j udgments, orders. and other
GRITHSTOLE. Sax. In Saxon law. A
decisions given by the tribunals. and deliver
seat, chair. or place of peace; a sanctuary; a
copies thereof to applicants.
stone within a church-gate, to which an
GREGORIAN CODE. The code or col· offend er might nee.
lection of constitu ti ons made by the Roman
GROCER. In old E nglish law. A mer·
jurist Gregorius. See CODEX GREGORIA�TUS.
chant or trader who engrossed all vendible
GREGORIAN EPOCH. Thetimo from merchandise; an engrosser. St. 37 Edw.
which the Gregorian calendar or computation ill. c. 5. See ENGROSSER.
dates; i. e., from the year 1582.
GRONNA. In old records. A deep hoI.
GREMIO. In Spanish law. A g llild; an low or pit; a bog or miry place. Cowel l.
association at workmen, artificers. or mer·
GROOM OF THE STOLE. In Eng.
cballts following the same trade or business;
land. An officer of the royal hOllsehold. who
designed to protect and further the interests
llaa ch arge of the king's wardrobe.
of their craft.
GROOM PORTER. Formerly an officer
GREMIUM. Lat. Th. bosom or breast;
bence, derivatively. safeg u ard or protection. belong ing to the royal household . Jacob.
H
In E nglish law, an estate which is in abey­ GROSS. Great ; culpable. General. Ab­
ance is said to be in g1'emio legis ,. that is, in solute or entire. .A thing in gross exists in
the protection or keeping of the law. its own right. and not as an appendage to
another tbing.
GRENVILLE ACT. The statute 10 I
Geo . III . c.16. by which the jurisdiction over GROSS ADVENTURE. In maritime
lJarli ame n tary election petitions was trans­ law. A loan on bottomry. So named be­
ferred from the whole house of commons to cause the lender, in case of a loss, or expense
select committees. Repealed by 9 Geo. IV. incurred for the common safety, must con­
e. 22. § 1. tribute to the gross or general average. J
GRESSUME. In English law. .A. cu.. GROSS AVERAGE. In maritime la".
tomary fine due from a copyhold tenant on A contribution made by the owners of a ship,
the death of the lord. 1 Strange, 654j 1 its cargo, and the freight, towards the loss
Crabb. Real Prop. p. 615. § 778. Called also
"1J1'(Usum, " and " grossome . .,
sustained by the voluntary and necessary sao-
riflee of property for the common safety, in
K
proportion to their respective interestL
GRETNA GREEN MARRIAGE . .A.
More commonly called ral average. " (q.
" gene
marriage celebrated at Gretna, in Dumfries.
.. ) See 3 Kent, Comm. 232; 2 Steph. Comm.
(bordering on the county of Cumberland,) i n
Scotland. By the law of Scotland a valid mar­
� l
riage may be contracted by conse nt. alone, GROSS NEGLIGENCE. In the law ot
w ithout a.ny other for mality. 'Wben tbe bailment. The wan t of slight dilige nce.
marriage act (26 Geo. II. c. 33) ren dered the 'fhe want of that care which every roan of
publication of banns. or a license, necessary common sense, how inattentive soever, takes M
ill Englan d, it became usual for persons who of bis own property. The omission of that
GROSS WE IGHT 550 GUARANTY

care wbich even inattentive and thoughtless GROUNDAGE. A cu stom or tribute


men never fail to take of the i r own property. paid for the standing of S hIppi n g in port.
Jacob.
GROSS WEIGHT. whole weight
T he
ot goods and mel'chandise, incl udi ng the dust GROWING CROP. A crop muot be

and dross, and also the chest or bag. ttc., up­ consi dered and treated as a growing crop

on which tare and tret are allowed. from the. ti IQe the seed is d e p osit ed in the
gro u nd, as at that time the seed loses the
GROSSE AVANTURE. Fr. In q u alities of a chattel. and \Jecomes a part of
French marine law. The con tract of bot­ the fn.!t'hold. and pass es with a sale of it.
to mry. O,·d. Mar. !iv. 3, tit. 5. 69 Ala . 435.
G ro w ing crops of grain , and other annual
GROSSE BOIS. Timber. Cowell.
prod u ctions I'aiseu bycultivi\tion of the earth

GROSSEMENT. L. Fr. Largely, amI indl lstry of m a n , are pel'sonal chattels.

greatly. G1'ossement enseint, big with child. Gro wing trees, frtlit, or grass, and other nat­
Plcwd. 76. ural products of th e earth. a re parcol of the
land. 1 Denio, 550.
GROSSOME. In old Englisb law. .A
GROWTH HALF-PENNY. A rate
fine, or sumot money paid for a lease. Plowd.
paid in some places for the t ith e of every fat
270, 27 1 . S upposed to be a corruption of
beast. ox. or oth er unfr uitful cattle. Clayt .
ge1'suma, (q. tI.) See GRESSU.i\IE.
92.
GROUND ANNUAL. In Scotch law. GRUARII. The princIpal officera of •
An annual rent of two kinus: First, the forest.
teu dut.ies payable to the lords of erectIOn and
their s u ccessors ; sef'ond, the rents reserved
GUADIA. In old Euro p ean law. A
for bu ildi ng lots in a city, wbere pledge. Spel m a n ; Calvin. A C lis lom . Spel­
sub·few are
prohibited. man. Spelled also " wadia. "
This rent is i n the n ature of a
perp et ual annUity. Bell. ; Er�k. lost. 11, 3, GUARANTEE. lie to whom a guaran­
52. ty is made. Tbis word is also used, as a noun,
to de n ote the cont ract of gUllmnty or the ob­
GROUND LANDLORD. The grantor
ligation of a guarantor, and. as a verb. to de­
of an estate on w hi ch a grou o d�rent is re.
note th e action of ass um i n g tile respons i bili·
se rve d.
ties of a g uara ntor . But on the general
GROUND-RENT. A per pet ual rent re­ principle of legnl ol'thogmphy,-that tlIe title
served to him self and his heirs, by the grantor of the perSall to whom the acLitm passes over
of land io fee�si rople. out of the land con­ should end i n "ee," as "donee, " U gnmtee, "

veyed. IL is in the na.ture of an elll phyte ut.ic " p ayee . " "bailee, " "drawee, " eLc. • -it seems
rent. Also, in English law, reut paid on a better to use this word only as the correlati ve
building lease. of U guaranLor, " and to spell tbe verb, and
also tlle narne of the contract, "guaranty."
GROUND WRIT. By the En gli sh com­
mo n-la w proced ure act, 1852, c. 1 2 1 , " it s h.a ll GUARENTIGIO. In Spanis h law. A
Dot be n ecessary to issue any w rit directed to writtE'u autborization t o a COUl't to enforce

the s he ri ff of th e county in which the venue the performance of an agreeme nt i n t he same

is laid, but writs of execution may Iss u e at manner as if it had beeu d ecrt:ed upon regu­

once into any cOllnty, and lJe d i rected to and lar legal proceedings.
executed by the sheriff of any co u nty, wheth� GUARANTOR. He who makes a guar­
er a co u nty palatine or not. witho ut reference anty.
to the cou nty in which the venue is laid, and
GUARAN TY. !). To undertake collater­
w i t hout any s u ggestion of the issuing of a
ally to answe r for the payment of allother'a
prior writ i nto suth county." Befol'e this
debt or the performance of another's d uty,
enactment, a ca. sa. or ft. fa. could not. be
liability. or obligati o n ; to assulDe the respon­
issued i nto a county diffe rent from that in
which the ve n u e i n the action was laid, witb­
sibility of a g uara ntor ; to wa rra nt . See
GUARANTY, n.
out first i ssuin g a wr i t, called a. " ground
wr it , II into t he latter county. and t he n another GUARANTY, n. A prom ise to answer
writ, which was called u " te.':t tafU'ln writ . " for the payment of SOme debt, or the per�
into t.he form�r. The-above enaotlllent a1101- form an ce oC some duty. in case of the failure
isbe d this useless p rocess. ·W barton. of anoth e r person. who, in the first instance,
GUARANTY 5b1 GUARDIAN BY NATURE

is Uabla to such pay me nt or perfor man c e. GUARDAGE. A state of wardship.


Fell, Guar. 1; 3 Kent, Comm. 121; 60 N. Y.
GUARDIAN. A gu ardi an is a person
438; 1 ThlileB, 277.
law ful ly in vested w i th the power, and charged
A guaranty is an un dertaking by one per-
with the duty, of taki n g care of the person
80n to beallswerable for tb e pay m ent of some
and m an agin g the property and rights of an­
debt, or the due performa nc e of SOUle con­
other perso n , who, for some pec u l iarity at
tract or dl1 ty . by another person, who hilHself
sta t1.ts. or deff>ct of age, u n derstanding, 01'
rem ain s liable to pay or perform the same.
self-control, is considered incapable of ad­
Story, Prom . Notes, § 457. m in iste ri ng his own affairs.
A gl1 aranty is a promise to answer for the
A g uardia n is a perso n appoi n teJ to take
debt. def<l u l t. or m iscarr i age of anotiJer per­
care of the person or pr op erty of a n ulher .
Bon. Civil Code Cal. § 27�7.
Civil Code Cal. � �36.
A guanluty is a. contract that some particular
One who l egally has the care and manage­
thing shall be done exactly as it is agl'eed to be
doue. whether it is to be donG by ooe perSOll or au­
ment of the persoll, or the estate, 01' Lot h. ot
other, and whether there be a pLioI' or principal a child d uring its minority. Reeve, Dom .
contract-or or DOt. 27 Cono. 81. ReI. 311.
The definition of a " guaranty, " by text-writers ,
Th is te rm mi ght be appropriat el y used to
is uu uudel'taldng by oue persOll that another shall
IJGl"form his contract or fulfill his obligation, or
deSignate th e person ch arged with the c are
that, it he does rIot, tbe guarantor will do it for and co utrol of id iots, lunatics. habitual
him. A gu arantor of a bill or note is sl:l.id to be drunkards, spendthrifts. and the like; but
OD6 who ell gages that the noLe shall be paid, but such person is, under many of the statutory
1& not an indorser or surety. .2 Ill. 18.
systems authori zing tbe apPOin tm en t, styl ed
The tel'LUS "guaranty" and "suretyship" are
sometimes used interchangeably; but tbey should " comm ittee, " and i ll COlUmon usage the
not be confounded. 'l'he contract of a surety cor­ Dame " guardian" is app lied only to ODe ha.y..
responds witb that of a guanl.lltor in many re­ ing the care and ma nagemen t of a minor.
spects; yet important di.fferences exist. The
The na me "curator" is g i ven in s om e of
8urety is bound with his principal as an origina.l
promisol·. Be is a debtor from tbe beginning, and the st;.ttes to a p erson havi ng the control of
must see that the debt is paid, and is held ordina­ a m i nor ' s estate, without that of h is person;
rily to know every default of his principal, and and this is also tbe usage of the civil law,
cannot protect himself by the mere indulgence of
A testa.menta1·Y guardian is o n e appointed
the creditor, nor by want of notice of the default
of the principal, howev er such indulgence or want
by the deed or last will of tbp. ch il d 's father;
of not.ice ruuy in fact injure bim. On the other while a gu ard i a n by election is one chosen by
band, the contract of a guarantor is his own sep­ the i nfa nt himself. in a case where be would
arate contract. It is In the nature of a warranty
by him that the thing guarantied to be done by
otherwise be without one. H
Ute principa.l shall be done, not merely au engage­ GUARDIAN AD LITEM. A guardian
ment jointly with the principal to do tbe r,hing.
appointed by a cou rt of j ustjce to prosec ute
The original contract of the principal is not his
or defend for an infant in any suit to which
coutract, and he is not bound to take notice of its
non-performance. 'l'borofore the creditor should he may be a party. 2 Steph. Comm. 342. I
give him notice ; and it is universally b eld that, if Most cOll l monly appOinted for jnfant defend­
the guarantor can prove that be bas suffered dam­ at,rS; infant plai ntiffs gene-mIly s uing by
age by t.be failure to give such no tice , he will be
nextf1·icnrl. This ki nd of g uard ia n has no
discbarged to tbe extent of t.he damage thus sus­
tained. It ia not so with a surety. 32 Ind. H i 2 right to in terfere with the i nfant's person or
N. Y. 583. property. 2 Stepb. Gorum. 3oJ3. J
A g uaranty relating to a futu re liability GUARDIAN BY APPOINTMENT
of the principal, un der successive transac­ OF COURT. The most i mportan t s peci es
tions, which either continue bis liabili ty, or of guardian i n modern law. having custody
from time to time renew it after it has been of thE:' i nfant until the attaInment of full K
satisfied, is called a 4I continuing guaranty . " <lge. It has in E nglan d in It il1annl'[ super­
C ivii Code Cal. § 2814. seded the g u ardian i n socnge, and in the
United States the guardian uy Dat ure also.
GUARANTY INSURANCE. A guar­
The appOintment is m tl de by a court of chan.
anty or insurance agai nst loss in case a per­
cery, or probate or orv1ml1s' court. 2 Steph. l
son named shall make a d eSignated defautt
Comm. 341; 2 Kent. Com m . 226.
or be guilty of speCified conduct. It is us ual­
ly against the m is cond u ct or disho nesty of GUARDIAN BY NATURE. The fa­
an e mpl oyee or oUice!", though somet i mes t h er , and, on his death, the m othe r , of a child.
against the breach of a contract. 9 A.l.ller. 1 Ill. Com m . 461; 2 Kent, Com m. 219. Tbis M
& Eng. Enc. Law, 65. guardianship extends only to the c u stody of
GUARDlAN BY STATUTE 552 GUIDAGE

the person of the child to the age of twenty­ GUARDIAN OF THE TEMPORAL­
one years. Sometimes caHed " natural guard­ ITIES. The person to whose custody a va·
ian , " but this is rather a popular tha.n a tech­ cant see or abbey was committed by the crown.
nical mode of expression. 2 Steph. Comm. 337.
GUARDIAN, or WARDEN, OF TilE
GUARDIAN BY STATUTE. A gllarJ· CINQUE PORTS. A magistrate who has
ian apPointed for a child by the deed or last the jurisdiction of the ports or havens which
w i l l of the father, amI Who has the custody are called the "Cinque IJorts, " (q. v.) This
both of his person and e;tate until t.he attain­ office was first created in England, in i mita­
ment o C full age. This kind of guardian­ tion of the Roman policy, to strengthen the
ship is founded on the statute of 12 Car. lI. sea-coa.sts against enemies, etc.
e. 24, and has been pretty 6xtensively adopted
GUARDIANSHIP. The olllce. dll ty. or
in this country, 1 BJ. Comlll. 462; 2 Ste ph.
authority of a guardian. Also the relation
Comm. 339. 340; 2 Kent. Cumm. 224-226.
subsisting between guaJ'dian :lnd ward.
GUARDIAN DE L'EGLISE. A
GUARDIANUS. A guardian, warden,
ch urch. warden.
or keeper. Spelman.
GUARDIAN DE L'ESTEMARY. The
GUARNIMENTUM. In old Europenn
warden of the stannaries or mi nes in Cocn­
13 W. A provision of necessary things. Spel­

wall. etc .
man. A furnishing or garnishment.
GUARDIAN F O R NURTURE. The
GUASTALD. O ne wlio had tne cuslody
fathel', or. at his decease, the mother. of a
of the royal mansions.
child. This kind of guardianship extends
only to the person, and determines when the GUBERNATOR. Lat. In Homan law.
inrant arrives at the age of fourteen. 2 Kent. The pilot or steersman oC a Sh ip.
Comm. 221; 1 Bl. Comm. 461; 2 Steph. Comm.
GUERPI, GUERPY. L. Fr. Aban·
338.
doned; left; deserted. Britt. c. 33.
GUARDIAN IN CHIVALRY. In tbe
GUERRA, GUERRE. War. Spelman.
tenure by knight's service. in the feudal law,
if the beir of the fcuu was under the age of GUERILLA PARTY. In military law.
twenty-on.." being a m a le, or fourteen, IJeing An independent body of mnranders or armed
a femnte, the lord WIlS entitled to Lhe ward­ men, not regularly or organically connected
ship (and marriage) of the beir, and was with the armies of either belligerent, who
calted the .. guardian in cbi val ry. " Til is carry on a spe cies of i rregular war, chiefly by
wardship consisted in having the c l l stody of depredation and massacre.
the body and Jands of such heir, without any
GUEST. A traveler w ho lodges at an
account of the profits. 2 Dl. Comm. 67.
inn or tavern with the consent of the keeper.
G U A R D I A N IN SOCAGE. At t he Bac. Abr. " I n ns," 0, 5; 8 Coke, 32.
common law, this was a specie8 of gua rdian A guest, as d istinguis hed fl'om a boarder,
who bad the custody of lands coming to the is bound for nu stipulated time. He stops
infallt by uescent, as also of the in fant' s per· at the inn for as s bo rt 01' as long time as he
son, until the latter reached lhe age of four­ pleases, payi ng, while he remains. the cus­
t�en Such guardian was always U the next tomary cbarge. 24 llow. Pro 62.
of kin to whom the inheritance cannot pas­
GUEST-TAKER. An agister; one who
siLly descend. " 1 Bl. Comm. 461; 2 Steph.
took cattle in to feed in tbe royal forests.
Comm. 338.
Cowell.
GUARDIAN OF THE PEACE. A GUET. In old French law. Watcb.
warden or conservator of the peace. Ord. hlar. liv. 4. tit. 6.
GUARDIAN O F T H E P O O R. In GUIA. In Spanish law. A rlght o! way
English law. A person elected by the rate­ for narrow carts. White, New Recap. 1 . 2,
payers of a parish to have tbe cbarge and c. 6. § 1.
management of the parish work-house o r
GUIDAGE. In old English law. That
union. See 3 Steph. Com m . 203, 215.
which was given for safe conduct through a
GUARDIAN OF THE SPIRITUAL­ st range territory. or anotller's territory.
ITIES. The person to whom the spiritual Cow ell.
jurisdiction of any diocese is committed dur­ The office of guiding of travelers through
tng the vacancy of the see. dangol'ons and u n known ways. 2 lust. 526.
GUIDE-PLAT� 553 GYVES

GUIDE-PLATE. A.n iron or steel plate done. Tbe opposite of in noce nce. See Ruth.
to be attached to a ra il for the purpose of Inst. b. I, c. 18, § 10.
goidlllg to their place on the rail wheels
GUILTY. Havi n g committed a crime or
thrown off the track. Pub. St. Mass. 1882, tort; the word used by a prisoner in plead­
p. 1291.
ing to an i n d i ctmen t w h e n he confesses tile
GUIDON DE LA MER. T he name of crimeof which he is charged, and by the jury
a treatise on maritime law. by an unknown in convicting.
3uthor. supposed to have been written about GUINEA. A. coin formerly issued by
1671 at Rouen, and cons idered. in continental
the English mint, but all these coins were
Europe. as u work of high authority. called in in the time of W ill . IV. Tbe word
GUILD. A voluntnry association of per- now means only the sum of £1. Is., i n which
50n� pursuing the same trade, art. profession. denomination the fees of counsel are always
or lJusine'!'1. r.:moh as pri nters. goldsmiths, given.
woc} merc}-l an tll. etc uniterl under a distinct
.•
GULE OF AUGUST. The fil'.,t of An­
organizatiC'1l of thoir own, analogous to that gust, being the day of St. Peter ad V incula.
of a cor;x>rntion, regu l ati ng the affairs of
thei"':' tr8(1� or busi!less by their own laws GULES. The heraldic name of the color
and rules. au'1 aimi n � . by cOMoprcation and usually called "red." The word is derived
org.1.ni'Z3tt:Y'1, to protect. and promote the i n­ from tbe Arabic word "guZe, II a rose, and
t6fPSt-i of their common vocati on. In me­ was probably introduced by the Crusaders.
clieV11 hl story these fraternities or guilds Gules is uenoted in engraving� hy n u merous

player1 an importa!1t part in tbe government perpendicular lines. Heralds wlio blazoned
of some sta t�s ; <is ali Flore:'Jce. i n the thir­ by planets and jewels called it "Mul's/' and
teenth ant! follcwinz centuries. where they "ruby . " Wharton.
chose tbe council ori- goYernment of tile city. GURGITES. Wears. Jacoh.
But with the gro wth of Cities and the ad­
GUTI. Jutes; one of the three nationa
vance in the ")rganization of municipal gov­
erumonl,. their i mpo rtance and prestige has who migrated from Germany to Britain at
decli ned . The place of meeting of a guild, an early period . A.ccording to Spelman, they
or assoch:;.ticin of guilds. was called the " Guild­ established tl1emselves chiefly in Kent and
hall. " The word is eaid to be deri ved frow the Isle of Wight.
ths Anglo-Saxon " gild" or " udd," a tax or GUTTER. The d imi nutive of a sewer.
tribute, uecauso each member of the society Callis, Sew. (80,) 100. H
was reqUired to pay a tax towards its support.
GWABR MERCHED. Maid'. fee. A
GUILl) RENTS. Rents payable to the British word signifying a customary fine
crown by aily guiltl, or such as formerly be­ payable to lords of some manors on marriag e
longed to re l igiou s guildS, and came to the
crown at the general dissolution of the mon­
of the ten an t' s daugbters, or other-wise o n
their comm itti ng in continence. Cowell. I
asterios. Tomlins.
GWALSTOW. A place of execution.
GUILDHALL. The hall or place of Jacob.

J
m eeti ng of a guild, or gild.
GWAYF. Waif, or waived ; that wbich
'.rhe pla� of meeting of a municipal cor­
has been stolen and afterwards dropped in
poration . 8 Steph. Comm. 178. note. The
the higbway fol' fear of a discovery. Cowell.
merc8ntil'3 or commercial gilds of the Saxons
are 8upp0E;ed to have given rise to the pres­ GYLPUT. The name of a court which
ent municipa.l ccrpol'ations of England. whose was held every three weeks in the liberty or
place of meeting 18 still called the "G uiluhall." hundred of Palhbew i n Warwick. Jacob. K
GUILDHALL SITTINGS. The sit­ GYLTWITE. Sax. Compensation for
tings held in the Guildhall of the city of LoIl­ fraud or trespa�s. Cowell.
don for city of London causes.
G Y N A R C Y, or GYNlECOCRACY.
GUILT. In crimin::.l la w. That quality Government by a woman; a state in which l
which imparts criminality to a motive or act. WOIDeD are legally capable of the supreme
and renders the perBon amenable to punish­ command; e. g., in Great Britain nnd Spain.
ment by the law.
GYROVAGI. Wande ri ng monks.
That disposition to violate the law which
has manifested itself by some act already GYVES. Fettel's or shackles for the legs. M

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