Professional Documents
Culture Documents
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.
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.
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
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 .
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.
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·
law w here a man was tenant pur auter vie. etc, See GENERAL ORDEHS.
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.
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
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
,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.
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.
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
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.
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
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.
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
. •
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 .
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
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,
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
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.
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
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
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
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
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