Traducciones Juradas de Inglés Sevilla

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G 533 GAMBLE
G
G. In the Law French orthography, this letter is often substituted for the English W, particularly as an initial. Thus, "gage" for "wage," "garranty" for "warranty," "gast" for "waste."
GABEL. An excise; a tax on movables; a rent, custom, or service. Co. Litt. 213. —Land gabel. See Land.
GABELLA. The Law Latin form of "gabel," (q. v.)
GABLATORES. Persons who paid gabel, rent, or tribute. Domesday; Cowell.
GABLUM. A rent; a tax. Domesday; Du Cange. The gable-end of a house. Cow­ell.
GABTJLUS DENARIORUM. Rent paid In money. Seld. Tit. Hon. 321.
GAFFOLDGILD. The payment of cus­tom or tribute. Scott.
GAFFOLDLAND. Property subject to the gaffoldgild, or liable to be taxed. Scott.
GAFOL. The same word as "gabel" or "gavel." Rent; tax; interest of money.
GAGE, v. In old English law. To pawn or pledge;- to give as security for a payment or performance; to wage or wager.
GAGE, n. In old English law. A
pawn or pledge; something deposited as se­curity for the performance of some act or the payment of money, and to be forfeited on failure or non-performance. Glanv. lib. 10, c. 6; Britt. c. 27.
A mortgage is a dead-gage or pledge; for, whatsoever profit it yields, it redeems not it­self, unless the whole amount secured is paid at the appointed time. Cowell.
In French law. The contract of pledge or pawn; also the article pawned.
—Gage, estates in. Those held in vadio, or pledge. They are of two kinds: (1) Vivum vadium, or living pledge, or vifgage; (2) mor-tuum vadium, or dead pledge, better known aa "mortgage."
GAGER DE DELIVERANCE. In old
English law. When he who has distrained, being sued, has not delivered the cattle dis­trained, then he shall not only avow the dis­tress, but gager deliverance, i. e., put in sure­ty or pledge that he will deliver them. Fitzh. Nat. Brev.
GAGER DEL LET. Wager of law, <Q. v.)
GAIN. Profits; winnings; increment of value. Gray v. Darlington, 15 Wall. 65, 21
L. Ed. 45; Thorn v. De Breteull, 86 App. Div. 405, 83 N. Y. Supp. 849.
GAINAGE. The gain or profit of tilled or planted land, raised by cultivating it; and the draught, plow, and furniture for carry­ing on the work of tillage by the baser kind of sokemen, or villeins. Bract. 1. i. c. 9.
GAINERY. Tillage, or the profit arising from it, or from the beasts employed therein.
GAINOR. In old English law. A soke-man; one who occupied or cultivated arable land. Old Nat. Brev. fol. 12.
GAJUM. A thick wood. Spelman.
GALE. The payment of a rent, tax, duty, or annuity.
A gale is the right to open and work a mine within the Hundred of St. Briavel's, or a stone quarry within the open lands of the Forest of Dean. The right is a license or interest in the nature of real estate, condi­tional on the due payment of rent and ob­servance of the obligations imposed on the' galee. It follows the ordinary rules as to the devolution and conveyance of real estate. The galee pays the crown a rent known as a "galeage rent," "royalty," or some similar name, proportionate to the quantity of min­erals got from the mine or quarry. Sweet.
GALEA. In old records. A piratical ves­sel; a galley.
GALENES. In old Scotch law. Amends or compensation for slaughter. Bell.
GALLI-HALFPENCE. A kind of coin which, with suskins and doitkiris, was for­bidden by St. 3 Hen. V. c. 1.
GALLIVOLATIUM. A cock-shoot, or cock-glade.
GALLON. A liquid measure, containing 231 cubic inches, or four quarts. The im­perial gallon contains about 277, and the ale gallon 282, cubic inches. Hollender v. Ma-gone (C. C.) 38 Fed. 914; Nichols v. Beard <C. C.) 15 Fed. 437.
GALLOWS. A scaffold; a beam laid over either one or two posts, from which malefactors are hanged.
GAMACTA. In old European law. A stroke or blow. Spelman.
GAMALIS. A child born in lawful wed­lock; also one born to betrothed but unmar­ried parents. Spelman.
GAMBLE. To game or play at a game for money. Buckley v. O'Niel, 113 Mass. 193, 18 Am. Rep. 466. The word "gamble" is per­haps the most apt and substantial to convey

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the idea of unlawful play that our language affords. It is inclusive of hazarding and bet­ting as well as playing. Bennett r. State, 2 Yerg. (Tenn.) 474.
—Gambler. One who follows or practices games of chance or skill, with the expectation and purpose of thereby winning money or other property. Buckley v. O'Niel, 113 Mass. 193, 18 Am. Rep. 466.—Gambling. See Gaming. —Gambling device. A machine or contriv­ance of any kind for the playing of an unlaw­ful game of chance or hazard. In re Lee Tong (D. C.) 18 Fed. 257; State v. Hardin, 1 Kan. 477.—Gambling policy. In life insurance. One issued to a person, as beneficiary, who has no pecuniary interest in the life insured Oth­erwise called a "wager policy." Gambs r. Covenant Mut. L. Ins. Co., 50 Mo. 47.
GAME. 1. Birds and beasts of a wild nature, obtained by fowling and hunting. Bacon, Abr. See Ooolidge v. Choate, 11 Mete. (Mass.) 79. The term is said to include (in England) hares, pheasants, partridges, grouse, heath or moor game, black game, and bus­tards. Brown. See 1 & 2 Wm. IV. c. 32.
—Game-keeper. One who has the care of keeping and preserving the game on an estate, being appointed thereto by a lord of a manor. -Game-laws. Laws passed for the preserva­tion of game. They usually forbid the killing of specified game during certain seasons or by certain described means. As to English game-laws, see 2 Steph. Comm. 82; 1 & 2 Wm. IV. c. 32.
2. A sport or pastime, played with cards, dice, or other appliances or contrivances. See Gaming.
—Game of chance. One in which the result, as to success or failure, depends less upon the skill and experience of the player than upon purely fortuitous or accidental circumstances, incidental to the game or the manner of play­ing it or the device or apparatus with which it is played, but not under the control of the player. A game of skill, on the other hand, al­though the element of chance necessarily cannot be entirely eliminated, is one in which success depends principally upon the superior knowl­edge, attention, experience, and skill of the play­er, whereby the elements of luck or chance in the game are overcome, improved, or turned to his advantage. People v. Lavin, 179 N. Y. 164, 71 N. E. 753, 66 L. R. A. 601; Stearnes v. State, 21 Tex. 692; Harless v. U. S., Morris (Iowa) 172; Wortham v. State, 59 Miss. 182; State v. Gupton, 30 N. C. 271.
GAMING. The act or practice of play­ing games for stakes or wagers; gambling; the playing at any game of hazard. An agreement between two or more persons to play together at a game of chance for a stake or wager which is to become the property of the winner, and to which all contribute. In re Stewart (D. C.) 21 Fed. 398; People v. Todd, 51 Hun, 446, 4 N. Y. Supp. 25; State v. Shaw, 39 Minn. 153, 39 N. W. 305; State v. Morgan, 133 N. C. 743, 45 S. E. 4033.
Gaming is an agreement between two or more to risk money on a contest or chance of any kind, where one must be loser and the other gainer. Bell v. State, 5 Sneed (Tenn.) 507.
In general, the words "gaming" and "gam­bling,'* in statutes, are similar in meaning, and
either one comprehends the idea that, by a bet, by chance, by some exercise of skill, or by the transpiring of some event unknown until it oc­curs, something of value is, as the conclusion of premises agreed, to be transferred from a loser to a winner, without which latter element there is no gaming or gambling. Bish. St. Crimes, | 858.
"Gaining" implies, when used as describing a condition, an element of illegality; and, when people are said to be "gaming," this generally supposes that the "games" have been games in which money comes to the victor or his backers. When the terms "game" or "gaming" are used in statutes, it is almost always in connection with words giving them the latter sense, and in such case it is only by averring and proving the differentia that the prosecution can be sustain­ed. But when "gaming" is spoken of in a stat­ute as indictable, it is to be regarded as con­vertible with "gambling." 2 Whart Crim. Law, § 14656.
"Gaming" is properly the act or engagement of the players. If by-standers or other third persons put up a stake or wager among them­selves, to go to one or the other according to the result of the game, this is more correctly termed "betting."
—Gaming eontracts. See Wager.—Gam­ing-houses. In criminal law. Houses in which gambling is carried on as the business of the occupants, and which are frequented by persons for that purpose. They are nuisances, in the eyes of the law, being detrimental to the public, as they promote cheating and other cor­rupt practices. 1 Russ. Crimes, 299; Rose Crim. Ev. 663; People v. Jackson, 3 Denio (N. YJ 101, 45 Am. Dec. 449; Anderson v. State (Tex. App.) 12 S. W. 869; People v. Weithoff, 51 Mich. 203, 16 N. W. 442, 47 Am. Rep 557 ; Morgan v. State, 42 Tex. Cr. R. 422, 60 S. W. 763.
GANANCIAL PROPERTY. In Spanish law. A species of community in property en­joyed by husband and wife, the property be­ing divisible between them equally on a dis­solution of the marriage. 1 Burge, Confl. Law, 418. See Cartwright v. Cartwrlght, 18 Tex. 634; Cutter v. Waddingham, 22 Mo. 254.
GANANCIAS. In Spanish law. Gains dr profits resulting from the employment of property held by husband and wife in com­mon. White, New Recop. b. 1, tit. 7, c. 5.
GANG-WEEK. The time when the bounds of the parish are lustrated or gone over by the parish officers,—rogation week. Enc. Lond.
GANGIATORI. Officers in ancient times whose business it was to examine weights and measures. Skene.
GANTELOPE, (pronounced "gauntlert") A military punishment, in which the crim­inal running between the ranks receives a lash from each man. Enc. Lond. This waa called "running the gauntlett."
GAOL. A prison for temporary confine­ment; a jail; a place for the confinement of offenders against the law.
There is said to be a distinction between "gaol" and "prison;" the former being a place for temporary or provisional confinement, or for

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the punishment of the lighter offenses and mis­demeanors, while the latter is a place for per­manent or long-continued confinement, or for the punishment of graver crimes. In modern usage, this distinction is commonly taken be­tween the words "gaol" and "penitentiary," (or state's prison,) but the name prison" is indis­criminately applied to either.
•—Gaol liberties, gaol limits. A district around a gaol, defined by limits, within which prisoners are allowed to go at large on giving security to return. It is considered a part of the gaol.—Gaoler. The master or keeper of a prison; one who has the custody of a place where prisoners are confined.
GAOL DELIVERY. In criminal law. The delivery or clearing of a gaol of the pris­oners confined therein, by trying them.
In popular speech, the clearing of a gaol by the escape of the prisoners.
—General gaol delivery. In English law. At the assizes (q. v.) the judges sit by virtue of five several authorities, one of which is the commission of "general gaol delivery." This em­powers them to try and deliverance make of every prisoner who shall be in the gaol when the judges arrive at the circuit town, whether an indictment has been preferred at any previous assize or not 4 Bl. Comm. 270. This is also a part of the title of some American criminal courts, as, in Pennsylvania, the "court of oyer and terminer and general jail delivery."
GARANDIA, or GARANTIA. A war­ranty. Spelman.
GARANTIE. In French law. This word corresponds to warranty or covenants for title in English law. In the case of a sale this garantie extends to two things: (1) Peaceful possession of the thing sold; and (2) absence of undisclosed defects, (dtifauts caches.) Brown.
GARATHINX. In old Lombardic law. A gift; a free or absolute gift; a gift of the whole of a thing. Spelman.
GARATJNTOR. L. Fr. In old English law. A warrantor of land; a vouchee; one bound by a warranty to defend the title and seisin of his alienee, or, on default thereof, and on eviction of the tenant, to give him other lands of equal value. Britt. c. 75.
GARBA. In old English law. A bundle or sheaf. Blada in garMs, corn or grain in sheaves. Reg. Orig. 96; Bract, fol. 209.
—Garba sagittarnm. A sheaf of arrows, containing twenty-four. Otherwise called "schaf-fa sagittarum." Skene.
GARBALES DECIM2B. In Scotch law. Tithes of corn, (grain.) Bell.
GARBLE. In English statutes. To sort or cull out the good from the bad in spices, drugs, etc. Cowell.
—Garbler of spices. An ancient officer in the city of London, who might enter into any shop, warehouse, etc., to view and search drugs and spices, and garble and make clean the same, or see that it be done. Mozley & Whitley.
GARCIO STOLJE. Groom of the stole.
GARCIONES. Servants who follow a camp. Wals. 242.
GARD, or GARDE. L. Fr. Wardship; care; custody; also the ward of a city.
GARDEIN. A keeper; a guardian.
GARDEN. A small piece of land, appro­priated to the cultivation of herbs, fruits, flowers, or vegetables. People v. Greenburgh, 57 N. Y. 550; Ferry v. Livingston, 115 U. S. 542, 6 Sup. Ct 175, 29 L. Ed. 489.
GARDIA. L. Fr. Custody; wardship.
GARDIANUS. In old English law. A guardian, defender, or protector. In feudal law, gardio. Spelman.
A warden. Gardianm ecclesiw, a church­warden. Gardianus quinque portuum, ward­en of the Cinque Ports. Spelman.
GARDINUM. In old English law. A garden. Reg. Orig. 15, 2.
GARENE. L. Fr. A warren; a privi­leged place for keeping animals.
GARNESTURA. In old English law. Victuals, arms, and other implements of war, necessary for the defense of a town or castle. Mat. Par. 1250.
GARNISH, n. In English law. Money paid by a prisoner to his fellow-prisoners on his entrance into prison.
GARNISH, v. To warn or summon. To issue process of garnishment against a person.
GARNISHEE. One garnished; a per­son against whom process of garnishment is issued; one who has money or property In his possession belonging to a defendant, or who owes the defendant a debt, which mon­ey, property, or debt is attached In his hands, with notice to him not to deliver or pay It over until the result of the suit be ascertain­ed. Welsh v. Blackwell, 14 N. J. Law, 348; Smith v. Miln, 22 Fed. Cas. 606.
GARNISHMENT. In the process of at­tachment. A warning to a person in whose hands the effects of another are attached not to pay the money or deliver the property of the defendant in his hands to him, but to ap­pear and answer the plaintiffs suit. Drake, Attachm. § 451; National Bank of Wilming­ton v. Furtick, 2 Marv. (Del.) 35, 42 Atl. 479, 44 L. R. A. 115, 69 Am. St. Rep. 99; Georgia & A. Ry. Co. v. Stollenwerck, 122 Ala. 539, 25 South. 258; Jeary v. American Exch. Bank, 2 Neb. (Unof.) 657, 89 N. W. 772.
A "garnishment," as the word is employed in this Code, is process to reach and subject

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money or effects of a defendant In attach­ment, or in a judgment or decree, or in a pending suit commenced in the ordinary form, in the possession or under the control of a third person, or debts owing such de­fendant, or liabilities to him on contracts for the delivery of personal property, or on con­tracts for the payment of money which may be discharged by the delivery of personal property, or on a contract payable in person­al property; and such third person is called the "garnishee." Code Ala. 1886, § 2994.
Garnishment is a proceeding to apply the debt due by a third person to a judgment defendant, to the extinguishment of that judgment, or to appropriate effects belonging to a defendant, in the hands of a third person, to its payment. Strickland v. Maddox, 4 Ga. 393,
Also a warning to any one for his appear­ance, in a cause in which he is not a party, for the information of the court and explain­ing a cause. Cowell.
—Equitable garnishment. This term is sometimes applied to the statutory proceedings authorized in some states, upon the return of an execution unsatisfied, whereby an action some­thing like a bill of discovery may be maintain­ed against the judgment debtor and any third person, to compel the disclosure of any money or property or chose in action belonging to the debtor or held in trust for him by such third person, and to procure satisfaction of the judg­ment out of such property. Geist v. St. Louis, 156 Mo. 643, 57 S. W. 766, 79 Am. St. Rep. 545. See St. Louis v. O'Neil Lumber Co., 114 Mo. 74, 21 S. W. 484.
GARNISTURA. In old English law. Garniture; whatever is necessary for the for­tification of a city or camp, or for the orna­ment of a thing. 8 Rymer, 328; Du Cange; Cowell; Blount.
GARROTING. A method of inflicting the death penalty on convicted criminals prac­tised in Spain, Portugal, and some Spanish-American countries, consisting in strangula­tion by means of an iron collar which is mechanically tightened about the neck of the sufferer, sometimes with the variation that a sharpened screw is made to advance from the back of the apparatus and pierce the base of the brain. Also, popularly, any form of strangling resorted to to overcome resist­ance or induce unconsciousness, especially as a concomitant to highway robbery.
GARSUMME. In old English law. An amerciament or fine. Cowell.
GARTER. A string or ribbon by which the stocking is held upon the leg. The mark of the highest order of English knighthood, ranking next after the nobility. This milita­ry order of knighthood is said to have been first instituted by Richard I., at the siege of Acre, where he caused twenty-six knights who firmly stood by him to wear thongs of blue leather about their legs. It is also said to have been perfected by Edward III. and to have received some alterations, which were
afterwards laid aside, from Edward VI. The badge of the order is the image of St George, called the "George," and the motto is "Honi aoit qui mal y pense." Wharton.
GARTH. In English law. A yard; a lit­tle close or homestead in the north of Eng­land. Cowell; Blount
A dam or wear in a river, for the catching of fish.
GARYTOUR. In old Scotch law. Ward­er. 1 Pitc. Crim. Tr. pt 1, p. 8.
GASTAZiDUS. A temporary governor of the country. Blount A bailiff or steward. Spelman.
GASTEL. L. Fr. Wastel; wastel bread; the finest sort of wheat bread. Britt c. 30; Kelham.
GASTINE. L. Fr. Waste or uncultivat­ed ground. Britt c. 57.
GAUDIES. A term used in the English universities to denote double commons.
GAUGE. The me'asure of width of a rail­way, fixed, with some exceptions, at 4 feet 8% inches in Great Britain and America, and 5 feet 3 inches in Ireland.
GAUGEATOR. A gauger. Lowell.
GAUGER. A surveying officer under the customs, excise, and internal revenue laws, appointed to examine all tuns, pipes, hogs­heads, barrels and tierces of wine, oil, and other liquids, and to give them a mark of allowance, as containing lawful measure. There are also private gaugers in large sea­port towns, who are licensed by government to perform the same duties. Rapal. & L.
GAUGETUM. A gauge or gauging; a measure of the contents of any vessel.
GAVEL. In English law. Custom; trib­ute ; toll; yearly rent; payment of revenue 'r of which there were anciently several sorts; as gavel-corn, gavel-malt, oat-gavel, gavel-fodder, etc. Termes de la Ley; Cowell; Co. Litt 142a.
—Gavelbred. Rent reserved in bread, corn, or provision; rent payable in kind. Cowell. —Gavelcester. A certain measure of rent-ale. Cowell.—Gavelgeld. That which yields annual profit or toll. The tribute or toll itself. Cowell; Du Cange.—Gavelherte. A service of plowing performed by a customary tenant Cowell; Du Cange.—Gaveling men. Tenants who paid a reserved rent, besides some custo­mary duties to be done by them. Cowell.—-Gavel-man. A tenant liable to the payment of gavel or tribute. Somn. Gavelkind, 23.— Gavelmed. A customary service of mowing meadow-land or cutting grass, (consuetudo fat-candi.) Blount.—Gavelrep. Bedreap or bid-reap; the duty of reaping at the bid or com­mand of the lord. Somn. Gavelkind, 19, 21; Cowell.—Gavelwerk. A customary service, either mawuopera, by the person of the ten­ant, or carropera, by his carts or carriages*. Blount; Somn.'Gavelkind, 24; Du Cange.

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GAVEJLET. An ancient and special kind of cessavit, used in Kent and London for the recovery of rent. Obsolete. The statute of gavelet is 10 Edw. II. 2 Reeve, Eng. Law, c. 12, p. 298. See Emig v. Cunningham, 62 Md. 460.
GAVELKIND. A species of socage ten­ure common in Kent, in England, where the lands descend to all the sons, or heirs of the nearest degree, together; may be disposed of by will; do not escheat for felony; may be aliened by the heir at the age of fifteen; and dower and curtesy is given of half the land. Stim. Law Gloss.
GAVELIiER. An officer of the English crown having the general management of the mines, pits, and quarries in the Forest of Dean and Hundred of St. Briavel's, subject, in some respects, to the control of the com­missioners of woods and forests. He grants gales to free miners in their proper order, accepts surrenders of gales, and keeps the registers required by the acts. There is a deputy-gaveller, who appears to exercise most of the gaveller's functions. Sweet.
GAZETTE. The official publication of the English government, also called the "Lon­don Gazette." It is evidence of acts of state, and of everything done by the king In his political capacity. Orders of adjudica^ tion in bankruptcy are required to be pub­lished therein; and the production of a copy of the "Gazette," containing a copy of the order of adjudication, is evidence of the fact Mozley & Whitley.
GEBOCCED. An Anglo-Saxon term, meaning "conveyed."
GEBOCIAN. In Saxon law. To convey; to transfer hoc land, (book-land or land held by charter.) The grantor was said to gebo-cian the alienee. See 1 Reeve, Eng. Law, 10.
GEBURSCRIPT. In old English law. Neighborhood or adjoining district. Cowell.
GEBURUS. In old English law. A coun­try neighbor; an inhabitant of the same geb-urscript, or village. Cowell.
GELD. In Saxon law. Money or tribute. A mulct, compensation, value, price. Angeld was the single value of a thing; twigeld, double value, etc. So, weregeld was the val­ue of a man slain; orfgeld, that of a beast Brown.
GELDABILIS. In old English law. Tax­able ; geldable.
GELD ABLE. Liable to pay geld; liable to be taxed. Kelham.
GELDING. A horse that has been cas­trated, and which is thus distinguished from the horse in his natural and unaltered con-
dition. A "ridgling" (a half-castrated horse) is not a gelding, but a horse, within the de­nomination of animals in the statutes. Bris-co v. State, 4 Tex. App. 219, 30 Am. Rep. 162.
GEMMA. Lat In the civil law. A gem; a precious stone. Gems were distin­guished by their transparency; such as em­eralds, chrysolites, amethysts. Dig. 34, 2, 19, 17.
GEMOT. In Saxon law. A meeting or moot; a convention; a public assemblage. These were of several sorts, such as the witena-gemot, or meeting of the wise men; the folc-gemot, or general assembly of the people; the shire-gemot, or county court; the burg-gemot, or borough court; the hundred-gemot, or hundred court; the hali-gemot, or court-baron; the hal-mote, a convention of citizens in their public hall; the holy-mote, or holy court; the stoein-gemote, or forest court; the ward-mote, or ward court Whar­ton ; Cunningham.
GENEARCH. The head of a family.
GENEATH. In Saxon law. A villein, or agricultural tenant, (villanus villicus;) a hind or farmer, (flrmarius rusticus.) Spelman.
GENER. Lat. In the civil law. A son-in-law; a daughter's husband. (Filiw vir.) Dig. 38, 10, 4, 6.
GENERAL. Pertaining to, or designat­ing, the genus or class, as distinguished from that which characterizes the species or indi­vidual. Universal, not particularized; as op­posed to special. Principal or central; as opposed to local. Open or available to all, as opposed to select. Obtaining commonly, or recognized universally; as opposed to par­ticular. Universal or unbounded; as oppos­ed to limited. Comprehending the whole, or directed to the whole; as distinguished from anything applying to or designed for a por­tion only.
As a noun, the word is the title of a prin­cipal officer in the army, usually one who commands a whole army, division, corps, or brigade. In the United States army, the rank of "general" is the highest possible, next to the commander in chief, and is only occasionally created. The officers next in rank are lieutenant general, major general, and brigadier general.
—General assembly. A name given in some of the United States to the senate and house of representatives, which compose the legis­lative body. See State v. Gear, 5 Ohio Dec 569.—General council. (1) A council con­sisting of members of the Roman Catholic Church from most parts of the world, but not from every part, as an ecumenical council. (2) One of the names of the English parliament-General conrt. The name given to the leg­islature of Massachusetts and of New Hamp­shire, in colonial times, and subsequently T>y their constitutions; so called because the

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colonial legislature of Massachusetts grew out of the general court or meeting of the Massa­chusetts Company. Cent. Diet. See Citizens' Sav. & Loan Ass'n v. Topeka, 20 Wall. 666, 22 L. Ed. 455.—General credit. The char­acter of a witness as one generally worthy of credit. According to Bouvier, there is a dis­tinction between this and "particular credit," which may be affected by proof of particular facts relating to the particular action. See Bemis v. Kyle, 5 Abb. Prac. (N. S.) (N. Y.) 233.—General field. Several distinct lots or pieces of land inclosed and fenced in as one common field. Mansfield v. Hawkes, 14 Mass. 440.—General inclosure act. The statute 41 Geo. III. c. 109, which consolidates a num­ber of regulations as to the inclosure of com­mon fields and waste lands.—General inter­est. In speaking of matters of public and gen­eral interest, the terms "public" and "general" are sometimes used as synonyms. But in re­gard to the admissibility of hearsay evidence, a distinction has been taken between them, the term "public" being strictly applied to that which concerns every member of the state, and the term "general" being confined to a lesser, though still a considerable, portion of the community. Tayl. Ev. § 609.—General land-office. In the United States, one of the bur­eaus of the interior department, which has charge of the survey, sale, granting of patents, and other matters relating to the public lands.
As to general "Acceptance," "Administra­tion," "Agent," "Appearance," "Assignment," "Average," "Benefit," "Challenge," "Charac­ter," "Charge," "Covenant," "Creditor," "Cus­tom," "Damages," "Demurrer," "Denial," "Deposit," "Devise," "Election," "Execution," "Executor," "Finding," "Fund," "Gaol Deliv­ery," "Guardian," "Imparlance," "Insurance,'* "Intent," "Issue," "Jurisdiction," "Law," "Legacy," "Letter of Credit," "Lien," "Mal­ice," "Meeting," "Monition," "Mortgage," "Occupant," "Orders," "Owner," "Partner­ship," "Power," "Property,-' "Replication," "Restraint of Trade," "Retainer," "Return Day," "Rules," "Sessions," "Ship," "Statute," "Tail," "Tenancy," "Term," "Traverse," "Us­age," "Verdict," "Warrant," and "Warranty," see those titles.
GENERALE. The usual commons in a religious house, distinguished from pietan-tice, which on extraordinary occasions were allowed beyond the commons. Cowell.
Generale dictum generaliter est inter-pretandum. A general expression is to be interpreted generally. 8 Coke, 116a.
Generale nihil certum implicat. A gen­eral expression implies nothing certain. 2 Coke, 346. A general recital in a deed has not the effect of an estoppel. Best, Ev. p. 408, § 370.
Generale tantum valet in generalibus, quantum singulare in singulis. What is general is of as much force among general things as what is particular is among things particular. 11 Coke, 596.
Generalia prsecedunt, specialia sequun-tir. Things general precede, things special follow. Reg. Brev.; Branch, Princ.
Generalia specialibus non derogant.
Jenk. Cent. 120, cited L. R. 4 Exch. 226. General words do not derogate from special.
Generalia sunt prseponenda singulari-bus. Branch, Princ. General things are to precede particular things.
Generalia verba sunt generaliter Intel-ligenda. General words are to be under* stood generally, or in a general sense. 3 Inst 76; Broom, Max. 647.
Generalibus specialia derogant. Spe> cial things take from generals. Halk. Lat Max. 51.
Generalis clausula non porrigitur ad ea quae antea specialiter sunt compre-hensa. A general clause does not extend to those things which are previously provid­ed for specially. 8 Coke, 1546. Therefore, where a deed at the first contains special words, and afterwards concludes in general words, both words, as well general as special, shall stand.
Generalis regula generaliter est intel-ligenda. A general rule is to be understood generally. 6 Coke, 65.
GENERALS OF ORDERS. Chiefs of the several orders of monks, friars, and other religious societies.
GENERATIO. The issue or offspring of a mother-monastery. Cowell.
GENERATION. May mean either a de­gree of removal in computing descents, or a single succession of living beings in natural descent McMillan v. School Committee, 107 N. C. 609, 12 S. E. 330, 10 L. R, A. 823.
GENEROSUS. Lat Gentleman; a gen­tleman. Spelman.
—Generosa. Gentlewoman. Cowell; 2 Inst. 668.—Generosi Alius. The son of a gentle­man. Generally abbreviated "gen. fil."
GENICULUM. A degree of consanguin­ity. Spelman.
GENS. Lat In Roman law. A tribe or clan; a group of families, connected by com­mon descent and bearing the same name, be­ing all free-born and of free ancestors, and in possession of full civic rights.
GENTES. Lat People. Contra omnes gentes, against all people. Bract, fol. 376. Words used in the clause of warranty in old deeds.
GENTILES. In Roman law. The mem­bers of a gens or common tribe.
GENTLEMAN. In English law. A per­son of superior birth.
Under the denomination of "gentlemen" ar» comprised all above yeoman; whereby nobto-

GENTLEMAN
539
GESTIO
e german, as opposed to half-brothers, are those who have both the same father and £ mother. Cousins-german are "first" cous-y ins; that is, children of brothers or sisters. n
?f GERMANUS. Lat Descended of the '• same stock, or from the same couple of an­cestors; of the whole or full blood. Mackeld. Rom. Law, § 145.
s
,. GERMEN TERR.X. Lat A sprout of
the earth. A young tree, so called.
d GERONTOCOMI. In the civil law. Offi­cers appointed to manage hospitals for the r aged poor.
GERONTOCOMIUM. In the civil law. An institution or hospital for taking care of the old. Cod. 1, 3, 46, 1; Calvin.
i,
i GERRYMANDER. A name given to the process of dividing a state or other territory
, into the authorised civil or political divi­sions, but with such a geographical arrange­ment as to accomplish a sinister or unlawful
; purpose, as, for instance, to secure a majority for a given political party in districts where the result would be otherwise if they were divided according to obvious natural lines, or
I to arrange school districts so that children of certain religions or nationalities shall be
{ brought within one district and those of a
% different religion or nationality in another
i district. State v. Whitford, 54 Wis. 150, 11 N. W. 424.
GERSUMARIUS. In old English law. Finable; liable to be amerced at the discre-[ tion of the lord of a manor. Cowell.
t GERSUME. In old English law. Ex-! pense; reward; compensation; wealth. It
is also used for a fine or compensation for an
offense. 2 Mon. Angl. 973.
GEST. In Saxon law. A guest. A name given to a stranger on the second night of his entertainment in another's house. Two-night gest.
GESTATION, UTERO-GESTATION.
In medical jurisprudence. The time during which a female, who has conceived, carries the embryo or foetus in her uterus.
GESTIO. In the civil law. Behavior or conduct.
Management or transaction. Negotiorunt gestio, the doing of another's business; an interference in the affairs of another in his absence, from benevolence or friendship, and without authority. Dig. 3, 5, 45; Id. 46, 3, 12, 4; 2 Kent, Comm. 616, note.
—Gestio pro hserede. Behavior as heir. This expression was used in the Roman law, and adopted in the civil law and Scotch law, to denote conduct on the part of a person ap­pointed heir to a deceased person, or otherwise entitled to succeed as heir, which indicates an

GESTOR 540 GILDA MEROATORIA
intention to enter upon the inheritance, and to hold himself out as heir to creditors of the deceased; as by receiving the rents due to the deceased, or by taking1 possession of his title-deeds, eta Such acts will render the heir lia­ble to the debts of his ancestor. Mozley & Whitley.
GESTOR. In the civil law. One who acts for another, or transacts another's busi­ness. Calvin.
GESTU ET FAMA. An ancient and ob­solete writ resorted to when a person's good behavior was impeached. Lamb. Eir. 1. 4, c 14.
GESTUM. Lat. In Roman law. A deed or act; a thing done. Some writers affected to make a distinction between "gestum" and "factum." But the best authorities pro­nounced this subtile and Indefensible. Dig. 50, 16, 58.
GEVILLOURIS. In old Scotch law. Gaolers. 1 Pitc. Crim. Tr. pt. 2, p. 234.
GEWINEDA. In Saxon law. The an­cient convention of the people to decide a cause.
GEWITNESSA. In Saxon and old Eng­lish law. The giving of evidence.
GEWRITE. In Saxon law. Deeds or charters; writings. 1 Reeve, Eng. Law, 10.
GIBBET. A gallows; the post on which malefactors are hanged, or on which their bodies are exposed. It differs from a com­mon gallows, in that it consists of one per­pendicular post, from the top of which pro­ceeds one arm, except it be a double gibbet, which Is formed in the shape of the Roman capital T. Enc. Lond.
GIBBET LAW. Lynch law; in particu­lar a custom anciently prevailing in the par­ish of Halifax, England, by which the free burghers held a summary trial of any one ac­cused of petit larceny, and, if they found him guilty, ordered him to be decapitated.
GIFT. A voluntary conveyance of land, or transfer of goods, from one person to an­other, made gratuitously, and not upon any consideration of blood or money. 2 Bl. Comm. 440; 2 Steph. Comm. 102; 2 Kent, Comm. 437. And see Ingram v. Colgan, 106 Cal. 113, 38 Pac. 315, 28 L. R. A. 187, 46 Am. St. Rep. 221; Gray v. Barton, 55 N. Y. 72, 14 Am. Rep. 181; Williamson v. Johnson, 62 Vt 378, 20 Atl. 279, 9 L. R. A. 277, 22 Am. St Rep. 117; Flanders v. Blandy, 45 Ohio St 113, 12 N. E. 321.
A gift is a transfer of personal property, made voluntarily and without consideration. Civil Code Cal. § 1146.
In popular language, a voluntary convey­ance or assignment is called a "deed of gift"
"Gift" and "advancement" are sometimes used interchangeably as expressive of ths same operation. But, while an advancement Is always a gift, a gift is very frequently not an advancement. In re Dewees' Estate, 3 Brewst (Pa.) 314.
In English law. A conveyance of lands in tail; a conveyance of an estate tail in which the operative words are "I give," or "I have given." 2 Bl. Comm. 316; 1 Steph. Comm. 473.
—Absolute gift, as distinguished from one made in contemplation of death, is one by which the donee becomes in the lifetime of the donor the absolute owner of the thing given, whereas a donatio morti» causa leaves the whole title in the donor, unless the event occurs (tie death of the donor) which is to divest him. Buecker v. Carr, 60 N. J. Eq. 300, 47 Atl. 34. As dis­tinguished from a gift in trust, it is one where not 'only the legal title but the beneficial own­ership as well is vested in the donee. Watkina v. Bigelow, 93 Minn. 210, 100 N. W. 1104,— Gift enterprise. A scheme for the division or distribution of certain articles of property, to be determined by chance, among those who have taken shares in the scheme. The phrase has attained such a notoriety as to justify a court in taking judicial notice of what is meant and understood by it. Lohman v. State, 81 Ind. 17; Lansburgh v. District of Columbia, 11 App. D. O. 524; State v. Shugart, 138 Ala. 86, 35 South. 28, 100 Am. St. Rep. 17; Win­ston v. Beeson. 135 N. C. 271, 47 S. E. 457, 65 L. R. A. 167.
GIFT A AQU33. The stream of water to a mill. Mon. Angl. torn. 3.
GIFTOMAN. In Swedish law. The right to dispose of a woman in marriage; or the person possessing such right,—her father, if living, or, if he be dead, the mother.
GILD. In Saxon law. A tax or tribute. Spelman.
A fine, mulct, or amerciament; a satisfac­tion or compensation for an injury.
A fraternity, society, or company of per­sons combined together, under certain regu­lations, and with the king's license, and so called because its expenses were defrayed by the contributions (geld, gild) of its members. Spelman. In other words, a corporation; called, in Latin, "societas," "collegium^ "fratria," "fraternitas," "sodalitium," "adu-natio;" and, in foreign law, "gildonia." Spelman. There were various kinds of these gilds, as merchant or commercial gilds, re­ligious gilds, and others. 3 Turn. Anglo Sax. 98; 3 Steph. Comm. 173, note u. See
GlLDA MEECATOBIA.
A friborg, or decennary; called, by the Saxons, "gyldscipes," and its members, "gil-dones" and "congildones." Spelman.
—Gild-hall. See Guildhall.—Gild-rent. Certain payments to the crown from any gild or fraternity.
GILDA MEROATORIA. A gild mer­chant, or merchant gild; a gild, corporation, or company of merchants. 10 Coke, 30.

GILDABLE
541
GLANS

GILDABLE. In old English law. Tax­able, tributary, or contributory; liable to pay tax or tribute. Cowell; Blount.
GILDO. In Saxon law. Members of a gild or decennary. Oftener spelled "con-gildo." Du Cange; Spelman.
GILOUR. L. Fr. A cheat or deceiver. Applied in Britton to those who sold false or spurious things for good, as pewter for sil­ver or laten for gold. Britt c. 15.
GIRANTE. An Italian word, which sig­nifies the drawer of a bill. It is derived from "girare," to draw.
GIRTH. In Saxon and old English law. A measure of length, equal to one yard, de­rived from the girth or circumference of a man's body.
GIRTH AND SANCTUARY. In old
Scotch law. An asylum given to murderers, where the murder was committed without any previous design, and in chaude mella, or heat of passion. Bell.
GISEMENT. L. Fr. Agistment; cattle taken in to graze at a certain price; also the money received for grazing cattle.
GISER. L. Fr. To lie. Gist en le louche, it lies In the mouth. Le action Hen gist, the action well lies. Gisant, lying.
GISETAKER. An agister; a person who takes cattle to graze.
GISLE. In Saxon law. A pledge. Fred-gisle, a pledge of peace. Gisleoert, an illus­trious pledge.
GIST. In pleading. The essential ground or object of the action in point of law, with­out which there would be no cause of action. Gould, PI. c. 4. § 12; Hathaway v. Rice, 19 Vt. 102.
The gist of an action is the cause for which an action will lie; the ground or foun­dation of a suit, without which it would not be maintainable; the essenial ground or ob­ject of a suit, and without which there is not a cause of action. First Nat. Bank v. Bur-kett, 101 111. 391, 40 Am. Rep. 209; Hoffman v. Knight, 127 Ala. 149, 28 South. 593; Tar-bell v. Tarbell, 60 Vt. 486, 15 Atl. 104.
GIVE. 1. To transfer or yield to, or be­stow upon, another. One of the operative words in deeds of conveyance of real prop­erty, importing at common law, a warranty or covenant for quiet enjoyment during the lifetime of the grantor. Mack v. Patchin, 29 How. Prac. (N. T.) 23; Young v. Hargrave, 7 Ohio, 69, pt. 2; Dow v. Lewis, 4 Gray (Mass.) 473.
2. To bestow upon another gratuitously or without consideration.
In their ordinary and familiar signification, the words "sell'* and "give" have not the same
meaning, but are commonly used to express different modes of transferring the right to property from one person to another. "To sell" means to transfer for a valuable consider­ation, while "to give" signifies to transfer gra­tuitously, without any equivalent. Parkinson v. State, 14 Md. 184, 74 Am. Dec. 522.
—Give and bequeath.. These words, in a will, import a benefit in point of right, to take effect upon the decease of the testator and proof of the will, unless it is made in terms to depend upon some contingency or condition precedent. Eldridge v. Eldridge, 9 Cush. (Mass.) 519.—Give bail. To furnish or put in bail or security for one's appearance—Give color. To admit an apparent or colorable right in the opposite party. See Coloe.— Give judgment. To render, pronounce, or declare the judgment of the court in an action at law; not spoken of a judgment obtained by confession. Schuster v. Rader, IS Colo. 329, 22 Pac. 505.—Give notice. To communi­cate to another, in any proper or permissible legal manner, information or warning of an existing fact or state of facts or (more usually) of some intended future action. See O'Neil v. Dickson, 11 Ind. 254; In re Devlin, 7 Fed. Cas. 564; Oity Nat. Bank v. Williams, 122 Mass. 535.—Give time. The act of a creditor in extending the time for the payment or satis­faction of a claim beyond the time stipulated in the original contract. If done without the consent of the surety, indorser, or guarantor, it discharges him. Howell v. Jones, 1 Oromp. M. & R. 107; Shipman v. Kelley, 9 App. Div. 316, 41 N. Y. Supp. 339.—Give way. In the rules of navigation, one vessel is said to "give way" to another when she deviates from her course in such a manner and to such an extent as to allow the other to pass without altering her course. See Lockwood v. Lashell, 19 Pa. 350.
GIVER. A donor; he who makes a gift.
GIVING IN PAYMENT. In Louisiana law. A phrase (translating the Fr. "dation en payement") which signifies the delivery and acceptance of real or personal property in satisfaction of a debt, instead of a pay­ment in money. See Civil Code La. art 2655.
GIVING RINGS. A ceremony anciently performed in England by Serjeants at law at the time of their appointment. The rings were inscribed with a motto, generally in Latin.
GLADIOLUS. A little sword or dagger; a kind of sedge. Mat. Paris.
GLADIUS. Lat. A sword. An ancient emblem of defense. Hence the ancient earls or comites {the king's attendants, advisers, and associates in his government) were made by being girt with swords, (gladio succincti.)
The emblem of the executory power of the law in punishing crimes. 4 Bl. Comm. 177.
In old Latin authors, and in the Norman laws, this word was used to signify supreme Jurisdiction, (jus gladii.)
GLAIVE. A sword, lance, or horseman's staff. One of the weapons allowed in a trial by combat
GLANS. In the civil law. Acorns or nuts of the oak or other trees. In a larger sense, all fruits of trees.

GLASS-MEN
542
GOAT

GLASS-MEN. A term used in St 1 Jac L a 7, for wandering rogues or vagrants.
GIiAVEA. A hand dart Gowell.
GLEANING. The gathering of grain aft­er reapers, or of grain left ungathered by reapers. Held not to be a right at common law. 1 H. BL 51.
GLEBA. A turf, sod, or clod of earth. The soil or ground; cultivated land in gen­eral. Church land, (solum et dos ecclesicB.) Spelman. See Glebe.
GLEBiE ASCRIPTITTI. Villein-socmen, who could not be removed from the land while they did the service due. Bract, c 7; 1 Reeve, Eng. Law, 269.
GLEBARLX. Turfs dug out of the
ground. Cowell.
GLEBE. In ecclesiastical law. The
land possessed as part of the endowment or revenue of a church or ecclesiastical benefice.
In Roman law. A Clod; turf; soil. Hence, the soil of an inheritance; an agra­rian estate. Servi addicti gleoce were serfs attached to and passing with the estate. Cod. 11, 47, 7, 21; Nov. 54, 1.
GLISCYWA. In Saxon law. A frater­nity.
GLOMEBELLS. Commissioners appoint­ed to determine differences between scholars in a school or university and the townsmen of the place. Jacob.
GLOS. Lat. In the civil law. A hus­band's sister. Dig. 38, 10, 4, 6.
GLOSS. An interpretation, consisting of one or more words, interlinear or marginal; an annotation, explanation, or comment on any passage in the text of a work, for pur­poses of elucidation or amplification. Par­ticularly applied to the comments on the Cor­pus Juris.
GLOSSA. Lat. A gloss, explanation, or interpretation. The glosses of the Roman law are brief illustrative comments or anno­tations on the text of Justinian's collections, made by the professors who taught or lec­tured on them about the twelfth century, (especially at the law school of Bologna,) and were hence called "glossators." These gloss­es were at first inserted in the text with the words to which they referred, and were call­ed "glosses interlineares ;" but afterwards they were placed in the margin, partly at the side, and partly under the text, and called "glosses marginales." A selection of them was made by Accursius, between A. D. 1220 and 1260, under the title of "Glossa Ordin-aria," which is of the greatest authority. Mackeld. Rom. Law, § 90.
Glossa viperina est qrise corrodit visce­ra teztns. 11 Coke, 34. It is a poisonous gloss which corrupts the essence of the text
GLOSSATOR. In the civil law. A com­mentator or annotator. A term applied to the professors and teachers of the Roman law in the twelfth century, at the head of whom was Irnerius. Mackeld. Rom. Law, J 90.
GLOUCESTER, STATUTE OF. The
statute is the 6 Edw. I. c. 1, A. D. 1278. It takes its name from the place of its enact­ment, and was the first statute giving costs in actions.
GLOVE SILVER. Extraordinary re­wards formerly given to officers of courts, etc.; money formerly given by the sheriff of a county in which no offenders are left for execution to the clerk of assize and judges' officers. Jacob.
GLOVES. It was an ancient custom on a maiden assize, when there was no offender to be tried, for the sheriff to present the judge with a pair of white gloves. It is an immemorial custom to remove the glove from the right hand on taking oath. Wharton.
GLYN. A hollow between two mountains; a valley or glen. Co. Litt 5&.
GO. To be dismissed from a court To issue from a court "The court said a man­damus must go." 1 W. Bl. 50. "Let a super­sedeas go." 5 Mod. 421. "The writ may go." 18 C. B. 35.
—Go bail. To assume the responsibility of a surety on a bail-bond.—Go hence. To de­part from the court; with the further impli­cation that a suitor who is directed to go hence" is dismissed from further attendance up­on the court in respect to the suit or proceed­ing which brought him there, and that he is finally denied the relief which he sought or, as the case may be, absolved from the liability sought to be imposed upon him. See Hiatt v. Kinkaid, 40 Neb. 178, 58 N. W. 700.—Go to. In a statute, will, or other instrument, a direc­tion that property shall "go to" a designated person means that it shall pass or proceed to such person, vest in and belong to him. In re Hitchins' Estate, 43 Misc. Rep. 485, 89 N. Y. Supp. 472; Plass v. Plass, 121 Cal. 131, 53 Pac. 448.—Go to protest. Commercial paper is said to "go to protest" when it is dishonor­ed by non-payment or non-acceptance and is handed to a notary for protest.—Go without day. Words used to denote that a party is dismissed the court. He is said to go without day, because there is no day appointed for him to appear again.
GOAT, GOTE. In old English law. A contrivance or structure for draining waters out of the land into the sea. Callis describes goats as "usual engines erected and built with portcullises and doors of timber and stone or brick, invented first in Lower Ger­many." Callis, Sewers, (91,) 112, 113. Cow­ell defines "gote," a ditch, sewer, or gutter.

GOD AND MY COUNTRY 543
GOOD

GOD AND MY COUNTRY. The an­swer made by a prisoner, when arraigned, in answer to the question, "How will you be tried?" In the ancient practice he had the choice (as appears by. the question) whether to submit to the trial by ordeal (by God) or to be tried by a jury, (by the country;) and It is probable that the original form of the answer was, "By God or my country," where­by the prisoner averred his innocence by de­clining neither of the modes of trial.
GOD-BOTE. An ecclesiastical or church fine paid for crimes and offenses committed against God. Cowell.
GOD-GELD. That which Is offered to God or his service. Jacob.
GOD'S PENNY. In old English law. Earnest-money; money given as evidence of the completion of a bargain. This name is probably derived from the fact that such money was given to the church or distributed In alms.
GOGING-STOLE. An old form of the word "cucking-stool," (g. v.) Cowell.
GOING. In various compound phrases (as those which follow) this term implies either motion, progress, active operation, or present and continuous validity and efficacy.
—Going before the wind. In the language of mariners and in the rules of navigation, a vessel is said to be going "before the wind" when the wind is free as respects her course, that is, comes from behind the vessel or over the stern, so that her yards may be braced square across. She is said to "going off large" when she has the wind free on either tack, that is, when it blows from some point abaft the beam or from the quarter. Hall v. The Buf­falo, 11 Fed. Cas. 216; Ward v. The Fashion, 29 Fed. Cas. 188.—Going concern. A firm or corporation which, though embarrassed or even insolvent, continues to transact its ordinary business. White, etc., Mfg. Co. v. Pettes Im­porting Co. (C. C.) 30 Fed. 865; Corey v. Wadsworth, 99 Ala. 68, 11 South. 350, 23 L. R. A. 618, 42 Am. St. Rep. 55.—Going off large. See "Going befoee the Wind," su­pra.—Going price. The prevalent price; the current market value of the article in question at the time and place of sale. Kelsea v. Haines, 41 N. H. 254.—Going through the bar. The act of the chief of an English common-law court in demanding of every member of the bar, in order of seniority, if he has any­thing to move. This was done at the sitting of the court each day in term, except special
Eaper days, crown paper days in the queen's ench, and revenue paper days in the excheq­uer. On the last day of term this order is reversed, the first and second time round. In the exchequer the postman and tubman are first called on. Wharton.—Going to the country. When a party, under the common-law system of pleading, finished his pleading by the words "and of this he puts himself up­on the country," this was called "going to the country." It was the essential termination to a pleading which took issue upon a material fact in the preceding pleading. Wharton.— Going value. As applied to the property or plant of a manufacturing or industrial cor­poration, a public-service corporation, etc., this
means the value which arises from having an established business which is in active opera­tion. It is an element of value over and above the replacement cost of the plant, and may represent lie increment arising from previous labor, effort, or expenditure in working up busi­ness, acquiring good will, and successfully adapting property and plant to the intended use. See Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa, 234, 91 N. W. 1081.—Going witness. One who is about to take his depar­ture from the jurisdiction of the court, although only 'into a state or country under the general sovereignty; as from one to another of the United States, or from England to Scotland.
GOLDA. A mine. Blount A sink or passage for water. Cowell.
GOLDSMITHS' NOTES. Bankers' cash notes (*. e., promissory notes given by a banker to his customers as acknowledgments of the receipt of money) were originally call­ed in London "goldsmiths' notes," from the circumstance that all the banking business In England was originally transacted by goldsmiths. Wharton.
GOLDWIT. A mulct or fine in gold.
GOLIARDUS. L. Lat. A jester, buf­foon, or juggler. Spelman, voc. "Goliar-
densis."
GOMASHTAH. In Hindu law. An agent; a steward; a confidential factor; a representative.
GONORRHOEA. In medical jurisprud­ence. A venereal disease, characterized by a purulent Inflammation of the urethra.
GOOD. 1. Valid; sufficient In law; ef­fectual ; unobjectionable.
2.Responsible; solvent; able to pay an amount specified.
3.Of a value corresponding with its terms; collectible. A note is said to be "good" when the payment of it at maturity may be relied on. Curtis v. Smallman, 14 Wend. (N. Y.) 232; Cooke v. Nathan, 16 Barb. (N. Y.) 344.
Writing the word "Good" across the face of a check is the customary mode in which bank­ers at the present day certify that the drawer has funds to meet it, and that it will be paid on presentation for that purpose. Merchants' Nat. Bank v. State Nat. Bank, 10 Wall. 645. 19 L. Ed. 1008; Irving Bank v. Wetherald, 36 N. Y. 335.
—Good abearing. See Abearance.—Good and lawful men. Those who are not dis­qualified for service on juries by non-age, alien­age, infamy, or lunacy, and who reside in the county of the venue. Bonds v. State, Mart. & Y. (Tenn.) 146, 17 Am. Dec. 795; State v. Price, 11 N. J. Law, 209.—Good and valid. Reliable, sufficient, and unimpeachable in law; adequate; responsible.—Good behavior. Or­derly and lawful conduct; behavior such as is proper for a peaceable and law-abiding citizen, Surety of good behavior may be exacted from any one who manifests an intention to commit crime or is otherwise reasonably suspected of a criminal design. Huyser t. Com., 76 S. W.

GOOD
175. 25 Ky. Law Rep. 608; In re Spenser, 22 Fed. Cas. 921.—Good consideration. As dis­tinguished from valuable consideration, a con­sideration founded on motives of generosity, prudence, and natural duty; such as natural love and affection. Potter v. Gracie, 58 Ala, 307, 29 Am. Rep. 748; Groves v. Groves, 65 Ohio St. 442, 62 N. E. 1044; Jackson v. Alex­ander, 3 Johns. (N. Y.) 484, 3 Am. Dec. 517. —Good country. In Scotch law. Good men of the country. A name given to a jury.— Good faith. Good faith consists in an honest intention to abstain from taking any uncon­scientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscien­tious. Crouch v. First Nat. Bank, 156 111. 342, 40 N. E. 974; Docter V. Furch, 91 Wis. 464, 65 N. W. 161; Gress v. Evans, 1 Dak. 387, 46 N. W. 1132; Walraven v. Bank, 96 Tex. 331, 74 S. W. 530; Searl v. School Dist., 133 U. S. 553, 10 Sup. Ct. 374, 33 L. Ed. 740. —Good jury. A jury of which the members are selected from the list of special jurors. See L. R. 5 C. P. 155.—Good title. This means such a title as a court of chancery would adopt as a sufficient ground for compelling spe­cific performance, and such a title as would be a good answer to an action of ejectment by any claimant. Reynolds v. Borel, 86 Cal. 538, 25 Pac. 67; Irving v. Campbell, 121* N. Y. 358, 24 N. E. 821, 8 L. R. A. 620; Gillespie v. Broas, 23 Barb. (N. Y.) 381.—Good will. The custom or patronage of any established trade or business; the benefit or advantage of having established a business and secured its patronage by the public. The advantage or benefit which is acquired by an establishment, beyond the mere value of the capital, stocks, funds, or property employed therein, in con­sequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence or punctuality, or from other accidental circumstances or necessities, or even from ancient partialities or prejudices. Story, Partn. § 99; Haverly v. Elliott, 39 Neb. 201, 57 N. W. 1010; Munsey v. Butterfield, 133 Mass. 494; Bell v. Ellis, 33 Cal. 625; People v. Roberts, 159 N. Y. 70, 53 N. E. 685, 45 L. R. A. 126; Churton v. Douglas, 5 Jur. N. S. 890; Menendez v. Holt, 128 U. S. 514, 9 Sup. Ot 143, 32 L. Ed. 526. The good-will of a business is the expectation of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired. Civ. Code Cal. § 992; Civ. Code Dak. % 577. The term "good-will" does not mean simply the advantage of occupying par­ticular premises which have been occupied by a manufacturer, etc. It means every advantage, every positive advantage, that has been acquir­ed by a proprietor in carrying on his business, whether connected with the premises in which the business is conducted, or with the name under which it is managed, or with any other matter carrying with it the benefit of the busi­ness. Glen & Hall Mfg. Co. v. Hall, 61 N. Y. 226, 19 Am. Rep. 278.
GOODRIGHT, GOODTITXE. The ficti­tious plaintiff in the old action of ejectment, most frequently called "John Doe," was some­times called "Goodright" or "Goodtitle."
GOODS. In contracts. The term "goods" Is not so wide as "chattels," for It applies to Inanimate objects, and does not In­clude animals or chattels real, as a lease for years of house or land, which "chattels" does include. Co. Litt. 118; St. Joseph Hydraulic Co. v. Wilson, 133 Ind. 465, 33 N. E. 113;
I GOVERNMENT
Van Patten v. Leonard, 55 Iowa, 520, 8 N. W. 334; Putnam v. Westcott, 19 Johns. (N. Y.) 76. In wills. In wills "goods" Is nomen gen-eralissimum, and, If there is nothing to limit it, will comprehend all *the personal estate of the testator, as stocks, bonds, notes, money, plate, furniture, etc. Kendall v. Kendall, 4 Russ." 370; Chamberlain v. Western Transp. Co., 44 N. Y. 310, 4 Am. Rep. 681; Foxall v. McKenney, 9 Fed. Cas. 645; Bailey v. Dun­can, 2 T. B. Mon. (Ky.) 22; Keyser v. School Dist., 35 N. H. 483.
—Goods and chattels. This phrase is a gen­eral denomination of personal property, as dis­tinguished from real property; the term "chat­tels" having the effect of extending its scope to any objects of that nature which would not properly be included by the term "goods" alone, e. g., living animals, emblements, and fruits, and terms under leases for years. The general phrase also embraces choses in action, as well as personalty in possession. In wills. The term "goods and chattels" will, unless restrain­ed by the context, pass all the personal estate, including leases for years, cattle, corn, debts, and the like. Ward, Leg. 208, 211.—Goods sold and delivered. A phrase frequently used in the action of assumpsit, when the sale and delivery of goods furnish the cause.—Goods, wares, and merchandise. A general and comprehensive designation of such chattels as are ordinarily the subject of traffic and sale. The phrase is used in the statute of frauds, and Ib frequently found in pleadings and other in­struments. As to its scope, see State v. Brooks, 4 Conn. 449; French v. Schoonmaker, 69 N. J. Law, 6, 54 Atl. 225; Sewall v. Allen, 6 Wend. (N. Y.) 355; Smith v. Wilcox, 24 N. Y. 358, 82 Am. Dec. 302; Dyott v. Letcher, 6 J. J. Marsh. (Ky.) 543; Boston Investment Co. r. Boston, 158 Mass. 461, 33 N. E. 580; Com. v. Nax, 13 Grat. (Va.) 790; Ellison v. Brigham, 38 Vt. 66; Banta v. Chicago, 172 111. 204, 50 N. E. 233, 40 L. R. A. 611.
GOOLE. In old English law. A breach In a bank or sea wall, or a passage worn by the flux and reflux of the sea. St 16 & 17 Car. II. c. 11.
GORGE, or GORS. A wear, pool, or pit of water. Termes de la Ley.
GORE. In old English law, a small, nar­row slip of ground. Cowell. In modern land law, a small triangular piece of land, such as may be left between surveys which do not close. In some of the New England states (as, Maine and Vermont) the term Is applied to a subdivision of a county, having a scanty population and for that reason not organized as a town.
GOSSIFRED. In canon law. Compa-ternity; spiritual affinity.
GOUT. In medical jurisprudence. An Inflammation of the fibrous and ligamentous parts of the joints, characterized or caused by an excess of uric acid In the blood; usual­ly, but not invariably, occurring In the joints of the feet, and then specifically called "poda­gra."
GOVERNMENT. 1. The regulation, re­straint, supervision, or control which is ex*

GOVERNMENT
545
GOVERNOR

ercised upon the individual members of an organized jural society by those invested with the supreme political authority, for the good and welfare of the body politic; or the act of exercising supreme political power or control.
2.The system of polity in a state; that form of fundamental rules and principles by which a nation or state is governed, o* by which individual members of a body politic are to regulate their social actions; a con­stitution, either written or unwritten, by which the rights and duties of citizens and public officers are prescribed and defined, as a monarchical government, a republican gov­ernment, etc. Webster.
3.An empire, kingdom, state or inde­pendent political community; as in the phrase, "Compacts between independent gov­ernments."
4.The sovereign or supreme power In a state or nation.
5.The machinery by which the sovereign power In a state expresses its will and exer­cises Its functions; or the framework of po­litical institutions, departments, and offices, by means of which the executive, judicial, legislative, and administrative business of the state is carried on.
6.The whole class or body of office-holders or functionaries considered in the aggregate, upon whom devolves the executive, judicial, legislative, and administrative business of the state.
7.In a colloquial sense, the United States or its representatives, considered as the pros­ecutor in a criminal action; as in the phrase, "the government objects to the witness."
—Federal government. The government of the United States of America, as distinguished from the governments of the several states. —Government annuities societies. These societies are formed in England under 3 & 4 Wm. IV. c 14, to enable the industrious classes to make provisions for themselves by purchas­ing, on advantageous terms, a government an­nuity for life or term of years. By 16 & 17 Vict. c. 45, this act, as well as, 7 & 8 Vict. c. 83, amending it, were repealed, and the whole law in relation to the purchase of government annuities, through the medium of savings banks, was consolidated. And by 27 & 28 Vict. c. 43, additional facilities were afforded for the pur­chase of such annuities, and for assuring pay­ments of money on death. Wharton.—Govern­ment de facto. A government of fact. A government actually exercising power and con­trol in the state, as opposed to the true and lawful government; a government not estab­lished according to the constitution of the state, or not lawfully entitled to recognition or su­premacy, but which has nevertheless supplant­ed or displaced the government de jure. A gov­ernment deemed unlawful, or deemed wrongful or unjust, which, nevertheless, receives present­ly habitual obedience from the bulk of the com­munity. Aust. Jur. 324. There are several de­grees of what is called "de facto government." Such a government, in its highest degree, as­sumes a character very closely resembling that of a lawful government This is when the usurping government expels the regular author­ities from their customary seats and functions,
Bl.Law Dict.(2d Ed.)—35
and establishes itself in their place, and so becomes the actual government of a country. The distinguishing characteristic of such a gov­ernment is that adherents to it in war against the government de jure do not incur the pen­alties of treason; and, under certain limita­tions, obligations assumed by it in behalf of the country or otherwise will, in general, be respect­ed by the government de jure when restored. But there is another description of govern­ment, called also by publicists a "government de facto," but which might, perhaps, be more aptly denominated a "government of paramount force." Its distinguishing characteristics are (1) that its existence is maintained by active mili­tary power, within the territories, and against the rightful authority, of an established and lawful government; and (2) that, while it ex­ists, it must necessarily be obeyed in civil mat­ters by private citizens who, by acts of obedi­ence, rendered in submission to such force, do not become responsible, as wrong-doers, for those acts, though not warranted by the laws of the rightful government. Actual governments of this sort are established over districts differ­ing greatly in extent and conditions. They are usually administered directly by military author­ity, but they may be administered, also, by civil authority, supported more or less by military force. Thorington v. Smith, 8 Wall. 8, 9, 19 L. Ed. 361. The term "de facto," as descrip­tive of a government, has no well-fixed and def­inite sense. It is, perhaps, most correctly used as signifying a government completely, though only temporarily, established in the place of the lawful or regular government, occupying its capitol, and exercising its power, and which is ultimately overthrown, and the authority of the government de jure re-established. Thomas v. Taylor, 42 Miss. 651, 703, 2 Am. Rep. 625. A government de facto is a government that un­lawfully gets the possession and control of the rightful legal government, and maintains itself there, by force and arms, against the will of such legal government, and claims to exercise the powers thereof. Chisholm v. Coleraan, 43 Ala. 204, 94 Am. Dec. 677. And see further Smith v. Stewart, 21 La. Ann. 67, 99 Am. Dec. 709; Williams v. Bruffy, 96 U. S. 176, 24 L. Ed. 716; Keppel v. Railroad Co., 14 Fed. Cas. 357 —Government de jure. A government of right; the true and lawful government; a gov­ernment established according to the constitu­tion of the state, and lawfully entitled to recog­nition and supremacy and the administration of the state, but which is actually cut off from power or control. A government deemed law­ful, or deemed rightful or just, which, neverthe­less, has been supplanted or displaced; that is to say, which receives not presently (although it received formerly) habitual obedience from the bulk of the community. Aust. Jur. 324 —Local government. The government or administra­tion of a particular locality; especially, the governmental authority of a municipal corpora­tion, as a city or county, over its local and in­dividual affairs, exercised in virtue of power delegated to it for that purpose by the general government of the state or nation.—Mixed government. A form of government combin­ing some of the features of two or all of the three primary forms, viz., monarchy, aristocracy, and democracy.—Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representa­tives chosen by the people, to whom those pow­ers are specially delegated. Black, Const. Law (3d Ed.) 309; In re Duncan, 139 U. S. 449, 11 Sup. Ct 573, 35 L. Ed. 219; Minor v. Hap-persett, 21 Wall. 175, 22 L. Ed. 627.
GOVERNOR. The title of the chief ex­ecutive in each of the states and territories of the United States; and also of the chief

GRACE
546
GRANGIA

magistrate of some colonies, provinces, and dependencies of other nations.
GRACE. This word is commonly used in contradistinction to "right" Thus, in St 22 Edw. III., the lord chancellor was instructed to take cognizance of matters of grace, being such subjects of equity jurisdiction as were exclusively matters of equity. Brown.
A faculty, license, or dispensation; also general and free pardon by act of parliament. See Act of Geaoe.
GRACE, DAYS OF. Time of indulgence granted to an acceptor or maker for the pay­ment of his bill of exchange or note. It was originally a gratuitous favor, (hence the name,) but custom has rendered it a legal right.
GRADATIM. In old English law. By degrees or steps; step by step; from one de­gree to another. Bract, fol. 64.
GRADUS. In the civil and old English law. A measure of space. A degree of rela­tionship.
A step or degree generally; e. g., gradua honorum, degrees of honor. Vicat A pul­pit; a year; a generation. Du Oange.
A port; any place where a vessel can be brought to land. Du Cange.
GRADUS PARENTELJE. A pedigree; a table of relationship.
GRAFFARIUS. In old English law. A graffer, notary, or scrivener. St. 5 Hen. VIII. c. 1.
GRAFFER. A notary or scrivener. See St 5 Hen. VIII. c. 1. The word is a corrup­tion of the French "greffler'," (q. v.)
GRAFFIUM. A writing-book, register, or cartulary of deeds and evidences. Cowell.
GRAFIO. A baron, inferior to a count. A fiscal judge. An advocate. Spelman; Cow­ell.
GRAFT. A term used in equity to denote the confirmation, by relation back, of the right of a mortgagee in premises to which, at the making of the mortgage, the mortgag­or had only an imperfect title, but to which the latter has since acquired a good title.
GRAIN. In Troy weight the twenty-fourth part of a pennyweight Any kind of corn sown in the ground.
—Grain rent. A payment for the use of land in grain or other crops; the return to the land­lord paid by croppers or persons working the land on shares. Railroad Co. v. Bates, 40 Neb. 381, 58 N. W. 963.
GRAINAGE. An ancient duty in London under which the twentieth part of salt im­ported by aliens was taken.
GRAMMAR SCHOOL. In England, this term designates a school in which such in­struction is given as will prepare the stur dent to enter a college or university, and in this sense the phrase was used in the Massa­chusetts colonial act of 1647, requiring every town containing a hundred householders to set up a "grammar school." See Jenkins v. Andover, 103 Mass. 97. But in modern Amer­ican usage the term denotes a school, inter­mediate between the primary school and the high school, in which English grammar and other studies of that grade are taught
Grammatica falsa non vitiat chartam.
9 Coke, 48. False grammar does not vitiate a deed.
GRAMMATOPHYLACIUM. (Grseco-
Lat) In the civil law. A place for keeping writings or records. Dig. 48, 19, 9, 6.
GRAMME. The unit of weight in the metric system. The gramme is the weight of a cubic centimeter of distilled water at the temperature of 4° 0. It is equal to 15.4341 grains troy, or 5.6481 drachms avoirdupois.
GRANATARIUS. In old English law. An officer having charge of a granary. Fleta, lib. 2, c. 82, § 1; Id. c. 84.
GRAND. As to grand "Assize," "Bill of Sale," "Cape," "Distress," "Jury," "Larceny," and "Serjeanty," see those titles.
GRAND COUTUMIER. A collection of customs, laws, and forms of procedure in use in early times in France. See Coutu-mieb.
GRAND DAYS. In English practice. Certain days in the terms, which are solemn­ly kept in the inns of court and chancery, viz., Candlemas day in Hilary term, Ascen­sion day in Easter, St John the Baptist's day in Trinity, and All Saints in Michael­mas ; which are dies non juridici. Termes de la Ley; Cowell; Blount. They are days set apart for peculiar festivity; the members of the respective inns being on such occasions regaled at their dinner in the hall, with more than usual sumptuousness. Holthouse.
GRANDCHILD. The child of one's child.
GRANDFATHER. The father of either of one's parents.
GRANDMOTHER. The mother of ei­ther of one's parents.
GRANGE. A farm furnished with barns, granaries, stables, and all conveniences for husbandry. Co. Litt 5a.
GRANGEARITJS. A keeper of a grange or farm.
GRANGIA. A grange. Co. Litt. 5a.

GRANT
547
GRAVAMEN

GRANT. A generic term applicable to all transfers of real property. 3 Washb. Real Prop. 181, 353.
A transfer by deed of that which cannot be passed by livery. Williams, Real Prop. 147, 149; Jordan v. Indianapolis Water Co., 159 lnd. 337, 64 N. E. 680.
An act evidenced by letters patent under the great seal, granting something from the king to a subject. Cruise, Dig. tit 33, 34; Downs v. United States, 113 Fed. 147, 51 C.
a a. ioo.
A technical term made use of in deeds of conveyance of lands to import a transfer. 3 Washb. Real Prop. 378-380.
Though the word "grant" was originally made use of, in treating of conveyances of interests in lands, to denote a transfer by deed of that which could not be passed by livery, and, of course, was applied only to in­corporeal hereditaments, it has now become a generic term, applicable to the transfer of all classes of real property. 3 Washb. Real Prop. 181.
As distinguished from a mere license, a grant passes some estate or interest, corporeal or in­corporeal, in the lands which it embraces; can only be made by an instrument in writing, under seal; and is irrevocable, when made, un­less an express power of revocation is reserved. A license is a mere authority; passes no estate or interest whatever; may be made by parol; is revocable at will; and, when revoked, the protection which it gave ceases to exist Ja-mieson v. Millemann, 3 Duer (N. Y.) 255, 258.
The term "grant," in Scotland, is used in reference (1) to original dispositions of land, as when a lord makes grants of land among tenants; (2) to gratuitous deeds. Paterson. In such case, the superior or donor is said to grant the deed; an expression totally un­known in English law. Mozley & Whitley.
By the word "grant," in a treaty, is meant not only a formal grant, but any concession,' warrant, order, or permission to survey, pos­sess, or settle, whether written or parol, ex­press, or presumed from possession. Such a grant may be made by law, as well as by a patent pursuant to a law. Strother v. Lucas, 12 Pet. 436, 9 L. Ed. 1137. And see Bryan t. Kennett, 113 U. S. 179, 5 Sup. Ct. 413, 28 L. Ed. 908; Hastings v. Turnpike Co., 9 Pick. (Mass.) 80; Dudley v. Sumner, 5 Mass. 470.
—Grant, bargain, and sell. Operative words in conveyances of real estate. See Muller v. Boggs, 25 Cal. 187; Hawk v. McCullough, 21 111. 221; Ake v. Mason, 101 Pa. 20.—Grant and to freight let. Operative words in a charter party, implying the placing of the ves­sel at the disposition of the charterer for the purposes of the intended voyage, and generally transferring the possession. See Christie v. Lewis, 2 Brod. & B. 441.—Grant of personal property. A method of transferring personal property, distinguished from a gift by being al­ways founded on some consideration or equiva­lent. 2 Bl. Comm. 440, 441. Its proper legal designation is an "assignment," or "bargain and sale." 2 Steph. Comm. 102.—Grant to uses. The common grant with uses superadd­ed, which has become the favorite mode of trans­ferring realty in England^ Wharton.—Private
land grant. A grant by a public authority vesting title to public land in a private (nat­ural) person. United Land Ass'n v. Knight, 85 Cal. 448, 24 Pac. 818.—Public grant. A grant from the public; a grant of a power, li­cense, privilege, or property, from the state or government to one or more individuals, contain­ed in or shown by a record, conveyance, patent, charter, etc.
GRANTEE. The person to whom a grant is made.
GRANTOR. The person by whom a grant is made.
GRANTZ. In old English law. Noble­men or grandees. Jacob.
GRASS HEARTH. In old records. The grazing or turning up the earth with a plow. The name of a customary service for inferior tenants to bring their plows, and do one day's work for their lords. Cowell.
GRASS WEEK. .Rogation week, so call­ed anciently in the inns of court and chan­cery.
GRASS WIDOW. A slang term for a woman separated from her husband by aban­donment or prolonged absence; a woman living apart from her husband. Webster.
GRASSON, or GRASSUM. A fine paid upon the transfer of a copyhold estate.
GRATIFICATION. A gratuity; a rec­ompense or reward for services or benefits, given voluntarily, without solicitation or promise.
GRATIS. Freely; gratuitously; without reward or consideration.
GRATIS DICTUM. A voluntary asser­tion ; a statement which a party is not legal­ly bound to make, or in which he is not held to precise accuracy. 2 Kent, Comm. 486; Medbury v. Watson, 6 Mete. (Mass.) 260, 39 Am. Dec. 726.
GRATUITOUS. Without valuable or le­gal consideration. A term applied to deeds of conveyance and to bailments and other contracts.
In old English law. Voluntary; with­out force, fear, or favor. Bract, fols. 11, 17.
As to gratuitous "Bailment," "Contract," and "Deposit" see those titles.
GRAVA. In old English law. A grove; a small wood; a coppice or thicket Co. Litt 4&.
A thick wood of high trees. Blount
GRAVAMEN. The burden or gist of a charge; the grievance or injury specially complained of.
In English ecclesiastical law. A griev­ance complained of by the clergy before the bishops in convocation.

GRAVATIO
548
GRESSUME

GRAVATIO. In old English law. An ac­cusation or impeachment Leg. Ethel, c. 19.
GRAVE. A sepulcher. A place where a dead body is interred.
GRAVEYARD. A cemetery; a place for the interment of dead bodies; sometimes de­fined in statutes as a place where a minimum number of persons (as "six or more") are buried. See Stockton v. Weber, 98 Cal. 433, 33 Pac. 332.
—Graveyard insurance. A term applied to insurances fraudulently obtained (as, by false personation or other means) on the lives of in­fants, very aged persons, or those in the last stages of disease. Also occasionally applied to an insurance company which writes wager pol­icies, takes extra-hazardous risks, or otherwise exceeds the limits of prudent and legitimate business. See McCartyrs Appeal, 110 P. 379, 4 Atl. 925.
GRAVIS. Grievous; great. Ad grave damnum, to the grievous damage. 11 Coke, 40.
GRAVEUS. A graf; a chief magistrate or officer. A term derived from the more ancient "graflo," and used in combination with various other words, as an official title in Germany; as Margravius, Bheingravius, Landgravius, etc. Spelman.
Graving est divinam qvam tempora-lem laedere majestatem. It is more seri­ous to hurt divine than temporal majesty. 11 Coke, 29.
GRAY'S INN. An inn of court See Inns of Couet.
GREAT. As used in various compound le­gal terms, this word generally means ex­traordinary, that is, exceeding the common or ordinary measure or standard, in respect to physical size, or importance, dignity, etc. See Gulf, etc., R. Co. v. Smith, 87 Tex. 348, 28 S. W. 520.
—Great cattle. All manner of beasts except sheep and yearlings. 2 Rolle, 173.—Great charter. Magna Charta, (q. v.)
As to great "Care," "Ponds," "Seal," "Tithes," see those titles.
GREAT LAW, THE, or "The Body of Laws of the Province of Pennsylvania and Territories thereunto belonging, Past at an Assembly held at Chester, alias Upland, the 7th day of the tenth month, called 'Decem­ber,' 1682." This was the first code of laws established in Pennsylvania, and is justly celebrated for the provision in its first chap­ter for liberty of conscience. Bouvier.
GREE. Satisfaction for an offense com­mitted or injury done. Cowell.
GREEK KALENDS. A colloquial ex­pression to signify a time indefinitely remote, there being no such division of time known to the Greeks.
GREEN CLOTH. In English law. A board or court of justice held in the counting-house of the king's (or queen's) household, and composed of the lord steward and infe­rior officers. It takes its name from the green cloth spread over the board at which it is held. Wharton; Cowell.
GREEN SILVER. A feudal custom in the manor of Writtel, in Essex, where every tenant whose front door opens to Greenbury shall pay a half-penny yearly to the lord, by the name of "green silver" or "rent" Cow­ell.
GREEN WAX. In English law. The name of the estreats in the exchequer, deliv­ered to the sheriff under the seal of that court which was impressed upon green wax.
GREENBACK. The popular and almost exclusive name applied to all United States treasury issues. It is not applied to any oth­er species of paper currency; and, when em­ployed in testimony by way of description, is as certain as the phrase "treasury notes." Hickey v. State, 23 Ind. 23. And see U. S. v. Howell (D. C.) 64 Fed. 114; Spencer v. Prindle, 28 Cal. 276; Levy r. State, 79 Ala. 261.
GREENHEW. In forest law. The same as vert, (g. v.) Termes de la Ley.
GREFFIERS. In French law. Regis­trars, or clerks of the courts. They are offi­cials attached to the courts to assist the judg­es in their duties. They keep the minutes, write out the judgments, orders, and .other decisions given by the tribunals, and deliver copies thereof to applicants.
GREGORIAN CODE. The code or col­lection of constitutions made by the Roman jurist Gregorius. See Codex Gbeqobiantjs.
GREGORIAN EPOCH. The time from which the Gregorian calendar or computation dates; i. e., from the year 1582.
GREMIO. In Spanish law. A guild; an association of workmen, artificers, or mer­chants following the same trade or business; designed to protect and further the interests of their craft
GREMIUM. Lat The bosom or breast; hence, derivatively, safeguard or protection. In English law, an estate which is in abey­ance is said to be in gremio legis; that is, in the protection or keeping of the law.
GRENVILLE ACT. The statute 10 Geo. III. c. 16, by which the jurisdiction over par­liamentary election petitions was transferred from the whole house of commons to select committees Repealed by 9 Geo. IV. c. 22, II.
GRESSUME. In English law. A cus­tomary fine due from a copyhold tenant on

GRETNA GREEN MARRIAGE 649 GROWING CROP
the death of the lord. 1 Strange, 654; 1 Crabb, Real Prop. p. 615, § 77& Called also "grassum," and "grossome."
GRETNA GREEN MARRIAGE. A
marriage celebrated at Gretna, in Dumfries, (bordering on the county of Cumberland,) in Scotland. By the law of Scotland a valid marriage may be contracted by consent alone, without any other formality. When the mar­riage act (26 Geo. II. c. 33) rendered the pub­lication of banns, or a license, necessary in England, it became usual for persons who wished to marry clandestinely to go to Gretna Green, the nearest part of Scotland, ,and marry according to the Scotch law; so a sort of chapel was built at Gretna Green, in which the English marriage service was performed by the village blacksmith. Wharton.
GREVA. In old records. The sea shore, sand, or beach. 2 Mon. Angl. 625; CowelL
GRIEVED. Aggrieved. 3 East, 22.
GRITH. In Saxon law. Peace; protec­tion.
—Grithbrech. Breach of the king's peace, as opposed to frithbrech, a breach of the nation's peace with other nations.—Grithstole. A seat, chair, or place of peace; a sanctuary; a stone within a church-gate, to which an offender might flee.
GROAT. An English silver coin (value
four pence) issued from the fourteenth to
the seventeenth century. See Reg. v. Con-
nell, 1 Car. & K. 191.
GROCER. In old English law. A mer­chant or trader who engrossed all vendible merchandise; an engrosser. St 37 Edw. III. c. 5. See Engbosseb.
GROG-SHOP. A liquor saloon, bar­room, or dram-shop; a place where intoxi­cating liquor is sold to be drunk on the premises. See Leesburg v. Putnam, 103 Ga. 110, 29 S. E. 602.
GRONNA. In old records. A deep hol­low or pit; a bog or miry place. CowelL
GROOM OF THE STOLE. In England. An officer of the royal household, who has charge of the king's wardrobe.
GROOM PORTER. Formerly an officer belonging to the royal household. Jacob.
GROSS. Great; culpable. General. Ab­solute or entire. A thing in gross exists in its own right, and not as an appendage to another thing.
As to gross- "Adventure," "Average," "Earnings," "Fault," "Negligence," and "Weight," see those titles.
GROSSE AVANTURE. Fr. In French marine law. The contract of bottomry. Ord. Mar. llv. 3, tit 5.
GROSSE BOIS. Timber. Cowell.
GROSSEMENT. L. Fr. Largely, great­ly. Orossement enseint, big with child. Plowd. 76.
GROSSOME. In old English law. A fine, or sum of money paid for a lease. Plowd. 270, 271. Supposed to be a corrup­tion of gersuma, (q. v.) See Gbessume.
GROUND. 1. Soil; earth; a portion of the earth's surface appropriated to private use and under cultivation or susceptible of cultivation.
Though this term is sometimes used in con­veyances and in statutes as equivalent to "land," it is properly of a more limited signification, because it applies strictly only to the surface, while "land" includes everything beneath the surface, and because "ground" always means dry land, whereas "land" may and often does include the beds of lakes and streams and oth­er surfaces under water. See Wood v. Carter, 70 111. App. 218; State v. Jersey City, 25 N. J. Law, 529; Com. v. Roxbury, 9 Gray (Mass.) 491.
—Ground annual. In Scotch law. An an­nual rent of two kinds: First, the feu duties payable to the lords of erection and their suc­cessors ; second, the rents reserved for building lots in a city, where sub-feus are prohibited. This rent is in the nature of a perpetual an­nuity. Bell; Ehrek. Inst. 11, 3, 52.—Ground landlord. The grantor of an estate on which a ground-rent is reserved.—Ground-rent. A perpetual rent reserved to himself and his heirs, by the grantor of land in fee-simple, out of the land conveyed. It is in the nature of an emphyteutic rent. Also, in English law, rent paid on a building lease. See Hart v. Ander­son, 198 Pa. 558, 48 Atl. 636; Sturgeon v. Ely, 6 Pa. 406; Franciscus v. Reigart, 4 Watts. (Pa.) 116.
2. A foundation or basis.
•—Ground of action. The basis of a suit; the foundation or fundamental state of facts on which an action rests; the real object of the plaintiff in bringing his suit. See Nash v. Adams, 24 Conn. 39; Appeal of Huntington, 73 Conn. 582, 48 Atl. 766.—Ground writ. By the English common-law procedure act, 1852, c. 121, "it shall not be necessary to issue any writ directed to the sheriff of the county in which the venue is laid, but writs of execu­tion may issue at once into any county, and be directed to and executed by the sheriff of any county, whether a county palatine or not, with­out reference to the county in which the venue is laid, and without any suggestion of the is­suing of a prior writ into such county." Be­fore this enactment, a ca. sa. or ft. fa. could not be issued into a county different from that in which the venue in the action was laid, with­out first issuing a writ, called a "ground writ," into the latter county, and then another writ, which was called a "testatum writ," into the former. The above enactment abolished this useless process. Wharton.
GROUNDAGE. A custom or tribute paid for the standing of shipping in port. Jacob.
GROWING CROP. A crop must be con­sidered and treated as a growing crop from the time the seed is deposited in the ground, as at that time the seed loses the qualities of a chattel, and becomes a part of the free-

GROWING CROP
550
GUARANTY

hold, and passes with a sale of it. Wilkin­son v. Ketler, 69 Ala. 435.
Growing crops of grain, and other annual productions raised by cultivation of the earth and industry of man, are personal chattels. Growing trees, * fruit, or grass, and other natural products of the earth, are parcel of the land. Green v. Armstrong, 1 Denio (N. Y.) 550.
GROWTH HALF-PENNY. A rate paid in some places for the tithe of every fat beast, ox, or other unfruitful cattle. Clayt. 92.
GRUARH. The principal officers of a forest.
GRUB STAKE. In mining law. A con­tract between two parties by which one un­dertakes to furnish the necessary provisions, tools, and other supplies, and the other to prospect for and locate mineral lands and stake out mining claims thereon, the interest in the property thus acquired inuring to the benefit of both parties, either equally or in such proportions as their agreement may fix. Such contracts create a qualified or special partnership. See Berry v. Wood-burn, 107 Cal. 512, 40 Pac. 804; Hartney v. Gosling, 10 Wyo. 346, 68 Pac. 1118, 98 Am. St. Rep. 1005; Meylette v. Brennan, 20 Colo. 242, 38 Pac. 75.
G U A D I A. In old European law. A pledge. Spelman; Calvin. A custom. Spel­man. Spelled also "wadia."
GUARANTEE. He to whom a guaran­ty is made. This word is also used, as a noun, to denote the contract of guaranty or the obligation of a guarantor, and, as a verb, to denote the action of assuming the responsibilities of a guarantor. But on the general principle of legal orthography,—that the title of the person to whom the action passes over should end in "ee," as "donee," "grantee," "payee," "bailee," "drawee," etc., —it seems better to use this word only as the correlative of "guarantor," and to spell the verb, and also the name of the contract, "guaranty."
GUARENTIGIO. In Spanish law. A written authorization to a court to enforce the performance of an agreement in the same manner as if it had been decreed upon regular legal proceedings.
GUARANTOR. He who makes a guar­anty.
GUARANTY, v. To undertake collater­ally to answer for the payment of another's debt or the performance of another's duty, liability, or obligation; to assume the re­sponsibility of a guarantor; to warrant See Guaranty, n.
GUARANTY, n. A promise to answer for the payment of some debt, or the per­formance of some duty, in case of the failure of another person, who, in the first instance, is liable to such payment or performance. Gallagher v. Nichols, 60 N. Y. 444; Andrews v. Pope, 126 N. C. 472, 35 S. E. 817; Deming v. Bull, 10 Conn. 409; Reigart v. White, 52 Pa. 438.
A guaranty is an undertaking by one per­son to be answerable for the payment of some debt, or the due performance of some contract or duty, by another person, who himself remains liable to pay or perform the same. Story, Prom. Notes, § 457.
A guaranty is a promise to answer for the debt, default, or miscarriage of another per­son. Civil Code Cal. § 2787.
A guaranty is a contract that some particular thing shall be done exactly as it is agreed to be done, whether it is to be done by one person or another, and whether there be a prior or
Erincipal contractor or not. Redfield v. Haight, 7 Conn. 31.
The definition of a "guaranty," by text-writ­ers, is an undertaking by one person that an­other shall perform his contract or fulfill his obligation, or that, if he does not, the guarantor will do it for him. A guarantor of a bill or note is said to be one who engages that the note shall be paid, but is not an indorser or surety. Gridley v. Capen, 72 111. 13.
Synonyms. The terms guaranty and surety­ship are sometimes used interchangeably; but they should not be confounded. The contract of a surety corresponds with that of a guar­antor in many respects; yet important differ­ences exist The surety is bound with his prin­cipal as an original promisor. He is a debtor from the beginning, and must see that the debt is paid, and is held ordinarily to know every default of his principal, and cannot pro­tect himself by the mere indulgence of the cred­itor, nor by want of notice of the default of the principal, however such indulgence or want of notice may in fact injure him. On the other hand, the contract of a guarantor is his own separate contract. It is in the nature of a war­ranty by him that the thing guarantied to be done by the principal shall be done, not merely an engagement jointly with the principal to do the thing. The original contract of the princi­pal is not his contract, and he is not bound to take notice of its non-performance. Therefore the creditor should give him notice; and it is universally held that, if the guarantor can prove that he has suffered damage by the failure to give such notice, he will be discharged to the extent of the damage thus sustained. It is not so with a surety. Durham v. Manrow, 2 N. Y. 548; Nading v. McGregor, 121 Ind. 465, 23 N. E. 283, 6 L. R. A. 686.
Guaranty and warranty are derived from the same root, and are in fact etymologically the same word, the "g" of the Norman French be­ing interchangeable with the English "w." They are often used colloquially and in com­mercial transactions as having the same signif­ication, as where a piece of machinery or the produce of an estate is "guarantied" for a term of years, "warranted" being the more appropri­ate term in such a case. See Accumulator Co. v. Dubuque St. R» Co., 64 Fed. 70, 12 C. C. A. 37; Martinez v. Earnshaw, 36 Wkly. Notes Cas. (Pa.) 502. A distinction is also sometimes made in commercial usage, by which the term "guaranty" is understood as a collateral war­ranty (often a conditional one) against some de­fault or event in the future, while the term "warranty" is taken as meaning an absolute un­dertaking in prasenU, against the defect, or fo*

GUARANTY
551
GUARDIAN

the quantity or quality contemplated by the parties in the subject-matter of the contract. Sturges v. Bank of Circleville, 11 Ohio St. 169, 78 Am. Dec. 296. But in strict legal usage the two terms are widely distinguished in this, that a warranty is an absolute undertaking or liability on the part of the warrantor, and the contract is void unless it is strictly and literal­ly performed, while a guaranty is a promise, en­tirely collateral to the original contract, and not imposing any primary liability on the guar­antor, but binding him to be answerable for the failure or default of another. Masons' Union L. Ins. Ass'n v. Brockman, 20 Ind. App. 206, 50 N. R 493.
—Absolute guaranty. An unconditional promise of payment or performance on the de­fault of the principal. Mast v. Lehman, 100 Ky. 466, 38 S. W. 1056; Beardsley v. Hawes, 71 Conn. 39, 40 Atl. 1043; Farmers' Bank v. Tatnall, 7 Houst. (Del.) 287, 31 Atl. 879; Es-berg-Bachman Tobacco Co. v. Heid (D. C) 62 Fed. 962—Collateral guaranty. A contract by which the guarantor undertakes, in case the principal fails to do what he has promised or undertaken to do, to pay damages for such fail­ure ; distinguished from an engagement of sure­tyship in this respect, that a surety undertakes to do the very thing which the principal has promised to do, in case the latter defaults. Woody v. Haworth, 24 Ind. App. 634, 57 N. E. 272; Nading v. McGregor, 121 Ind. 470, 23 N. E. 283, 6LR.A. 686.—Conditional guar-anty. One which depends upon some extrane­ous event, beyond the mere default of the prin­cipal, and generally upon notice of the guaran­ty, notice of the principal's default, and reason­able diligence in exhausting proper remedies against the principal. Yager v. Title Co., 112 Ky. 932, 66 S. W. 1027; Tobacco Co. v. Heid (D. C.) 62 Fed. 962; Beardsley v. Hawes, 71 Conn. 39, 40 Atl. 1043.—Continuing guaran­ty. One relating*to a future liability of the principal, under successive transactions, which either continue his liability or from time to time renew it after it has been satisfied. Sew­ing Mach. Co. v. Courtney, 141 Cal. 674, 75 Pac. 296; Buck v. Burk, 18 N. Y. 340; Bank v. Drake (Iowa) 79 N. W. 121.—Special guar­anty. A guaranty which is available only to the particular person to whom it is offered or addressed; as distinguished from a general guaranty, which will operate in favor of any person who may accept it. Everson v. Gere, 40 Hun (N. Y.) 250; Tidioute Sav. Bank v. Lib-bey, 101 Wis. 193, 77 N. W. 182, 70 Am. St Rep. 907; Evansville Nat. Bank v. Kauffmann, 93 N. Y. 273, 45 Am. Rep. 204.—Guarantied ?took. See Stock.—Guaranty company. A corporation authorized to transact the business of entering into contracts of guaranty and sure­tyship ; as, one which, for fixed premiums, be­comes surety on judicial bonds, fidelity bonds, and the like. See iEtna L. Ins. Co. v. Coulter, 74 S. W. 1050, 25 Ky. Law Rep.. 193.—Guar­anty insurance. See Insurance.
GUABDAGE. A state of wardship.
GUARDIAN. A guardian is a person lawfully invested with the power, and char­ged with the duty, of taking care of the person and managing the property and rights of another person, who, for some pe­culiarity of status, or defect of age, under­standing, or self-control, is considered in­capable of administering his own affairs. Bass v. Cook, 4 Port (Ala.) 392; Sparhawk v. Allen, 21 N. H. 27; Burger v. Frakes, 67 Iowa, 460, 23 N. W. 746.
A guardian is a person appointed to take
care of the person or property of another, Civ. Code Cal. § 236.
One who legally has the care and manage-ment of the person, or the estate) or both, of a child during its minority. Reeve, Dom. Rel. 311.
This term might be appropriately used to designate the person charged with the care and control of idiots, lunatics, habitual drunkards, spendthrifts, and the like; but such person is, under many of the statutory systems authorizing the appointment, styled "committee," and in common usage the name "guardian" is applied only to one having the care and management of a minor.
The name "curator" is given in some of the states to a person having the control of a minor's estate, without that of his person; and this is also the usage of the civil law.
Classification. A testamentary guardian is one appointed by the deed or last will of the child's father; while a guardian by election is one chosen by the infant himself in a case where he would otherwise be without «one. A general guardian is one who has the general care and control of the person and estate of his ward; while a special guardian is one who has special or limited powers and duties with respect to his ward, e. g., a guardian who has the custody of the estate but not of the person, or vice versa, or a guardian ad litem. A domestic guardian is one appointed at the place where the ward is legally domiciled; while a foreign guardian derives his authority from appointment by the courts of another state, and generally has charge only of such property as may be located within the jurisdiction of the power appointing him. A guardian ad litem is a guardian appointed by a court of justice to prosecute or defend for an infant in any suit to which he may be a party. 2 Steph. Comm. 342 Most commonly appoint­ed for infant defendants; infant plaintiffs gen­erally suing by next friend. This kind of guard­ian has no right to interfere with the infant's person or property. 2 Steph. Comm 343; Richter v. Leiby, 107 Wis. 404, 83 N. W. 694. A guardian by appointment of court is the most important species of guardian in modern law, having custody of the infant until the attain­ment of full age. It has in England in a man ner superseded the guardian in socage, and in the United States the guardian by nature also. The appointment is made by a court of chan­cery, or probate or orphans' court. 2 Steph. Comm. 341; 2 Kent, Comm. 226 A guardian by nature is the father, and, on his death, the mother, of a child. 1 Bl. Comm. 461; 2 Kent, Comm. 219. This guardianship extends only to the custody of the person of the child to the age of twenty-one years. Sometimes called "natural guardian," but this is rather a popu­lar than a technical mode of expression. 2 Steph. Comm. 337; Kline v. Beebe, 6 Conn. 500; Mauro v. Ritchie, 16 Fed. Cas. 1171. A guardian by statute is a guardian appointed for a child by the deed or last will of the father, and who has the custody both of his person and estate until the attainment of full age. This kind of guardianship is founded on the statute of 12 Car. II. c. 24, and has been pretty exten­sively adopted in this country. 1 Bl. Comm. 462; 2 Steph. Comm. 339, 340; 2 Kent, Comm. 224-226; Huson v. Green, 88 Ga. 722, 16 S. E. 255. A guardian for nurture is the father. or, at his decease, the mother, of a child. This kind of guardianship extends only to the per­son, and determines when the infant arrives at the age of fourteen. 2 Kent, Comm. 22l; 1 Bl. Comm. 461; 2 Steph. Comm 338; Mauro v. Ritchie, 16 Fed. Cas. 1171; Arthurs' Appeal, 1 Grant Cas. (Pa.) 56. Gtuardian in chivahy.

GUARDIAN
552
GUILD

In the tenure by knight's service, in the feudal law, if the heir of the feud was under the age of twenty-one, being a male, or fourteen, being a female, the lord was entitled to the wardship (and marriage) of the heir, and was called the "guardian in chivalry." This wardship consist­ed in having the custody of the body and lands of such heir, without any account of the prof­its. 2 Bl. Comm. 67. Chuyrdtan^ in socage. At the common law, this was a sp^ciea of guardian who had the custody of lands comings to .the infant "Ey descent, as also of the infant's, ger-bouZuntil the latter r^acEea-the age of fourteen. Such guardian was always "the next-HEIEIa-feo whom, the inheritance ™""Qt TtfWiWY flPHftand." 1 BlAOomm7461; 2 StepC Comm. 338; Byrne v. Van Hoesen, 5 Johns. (N. Y.) 67; Van Doren v. Everitt, 5 N. J. Law, 462, 8 Am. Dec. 615; Combs v. Jackson, 2 Wend. (N. Y.) 157, 19 Am. Dec. 568. Natural guardian. The father of a child, or the mother if the father be dead.
—Guardian de l'eglise. A church-warden.— Guardian de l'estemary. The warden of the stannaries or mines in Cornwall, etc.—Guardi­an of the peace. A warden or conservator of the peace.—Guardian of the poor. In Eng­lish law. A person elected by the ratepayers of a parish to have the charge and management of lie parish work-house or union. See 3 Steph. Comm. 203, 215.—Guardian of the spiritu­alities. The person to whom the spiritual ju­risdiction of. any diocese is committed during the vacancy of the see.—Guardian of the tem­poralities. The person to whose custody a va­cant see or abbey was committed by the crown. —Guardian or warden, of the Cinque Ports. A magistrate who has the jurisdiction of the ports or havens which are called the "Cinque Ports," (q. v.) This office was first created in England, in imitation of the Roman policy, to strengthen the sea-coasts against ene­mies, etc.
GUARDIANSHIP. The office, duty, or authority of a guardian. Also the relation subsisting between guardian and ward.
GUARDIANUS. A guardian, warden, or keeper. Spelman.
GUARNIMENTUM. In old European law. A provision of necessary things. Spel­man. A furnishing or garnishment.
GUASTALD. One who had the custody of the royal mansions.
GUBEBNATOB. Lat. In Roman law. The pilot or steersman of a ship.
GUERPI, GUERPY. L. Fr. Abandon­ed; left; deserted. Britt c 33.
GUERRA, GUERRE., War. Spelman.
GUERILLA PARTY. In military law. An independent body of marauders or armed men, not regularly or organically connected with the armies of either belligerent, who carry on a species of irregular war, chiefly by depredation and massacre.
GUE£t. A traveler who lodges at an inn or tavern with the consent of the keeper. Bac. Abr. "Inns," C, 5; 8 Coke, 32; Mc-Daniels v. Robinson, 26 Vt 316, 62 Am. Dec 574; Johnson v. Reynolds, 3 Kan. 261;
Shoecraft v. Bailey, 25 Iowa, 555; Beale v. Posey, 72 Ala. 331; Walling v. Potter, 35 Conn. 185.
A guest, as distinguished from a boarder, Is bound for no stipulated time. He stops at the inn for as short or as long time as he pleases, paying, while he remains, the cus­tomary charge. Stewart v. McCready, 24 How. Prac. (N. Y.) 62.
GUEST-TAKER. An agister; one who took cattle in to feed in the royal forests. Cowell.
GUET. In old French law. Watch. Ord. Mar. Hv. 4, tit. 6.
GUIA. In Spanish law. A right of way for narrow carts. White, New Recop. 1. 2, c. 6, § 1.
GUIDAGE. In old English law. That which was given for safe conduct through a strange territory, or another's territory. Cowell.
The office of guiding of travelers through dangerous and unknown ways. 2 Inst. 526.
GUIDE-PLATE. An Iron or steel plate to be attached to a rail for the purpose of guiding to their place on the rail wheels thrown off the track. Pub. St. Mass. 1882, p. 1291.
GUIDON DE LA MER. The name of a treatise on maritime law, by an unknown author, supposed to have been written about 1671 at Rouen, and considered, in continental Europe, as a work of high authority.
GUILD. A voluntary association of per­sons pursuing the same trade, art, profession, or business, such as printers, goldsmiths, wool merchants, etc., united under a distinct organization of their own, analogous to that of a corporation, regulating the affairs of their trade or business by their own laws and rules, and aiming, by co-operation and organization, to protect and promote the in­terests of their common vocation. In me­dieval history these fraternities or guilds played an important part in the government of some states; as at Florence, in the thir­teenth and following centuries, where they chose the council of government of the city. But with the growth of cities and the ad­vance in the organization of municipal gov­ernment, their importance and prestige has declined. The place of meeting of a guild, or association of guilds, was called the "Guildhall." The word is said to be derived from the Anglo-Saxon "gild" or "geld" a tax or tribute, because each member of the soci­ety was required to pay a tax towards its support
—Guild rents. Rents payable to the crown by any guild, or such as formerly belonged to religious guilds, and came to the crown at the general dissolution of the monasteries. Tom-lins.

GUILDHALL
553
GYVES

GUILDHALL. The hall or place of meet­ing of a guild, or gild.
The place of meeting of a municipal cor­poration. 3 Steph. Comm. 173, note. The mercantile or commercial gilds of the Saxons are supposed to have given rise to the pres­ent municipal corporations of England, whose place of meeting is still called the "Guild­hall."
—Guildhall sittings. The sittings held in the Guildhall of the city of London for city of London causes.
GUILLOTINE. An instrument for decap­itation, used, in France for the infliction of the death penalty on convicted criminals, consisting, essentially, of a heavy and weight­ed knife-blade moving perpendicularly be­tween grooved posts, which is made to fall from a considerable height upon the neck of the sufferer, immovably fixed in position to receive the impact.
GUILT. In criminal law. That quality which imparts criminality to a motive or act, and renders the person amenable to punish­ment by the law.
That disposition to violate the law which has manifested itself by some act already done. The opposite of innocence. See Ruth. Inst. <b. 1, c. 18, § 10.
GUILTY. Having committed a crime or tort; the word used by a prisoner in plead­ing to an indictment when he confesses the crime of which he is charged, and by the jury In convicting. Com. v. Walter, 83 Pa. 108, 24 Am. Rep. 154; Jessie v. State, 28 Miss. 103; State v. White, 25 Wis. 359.
GUINEA. A coin formerly issued by the English mint, but all these coins were called in In the time of Wm. IV. The word now means only the sum of £1. Is., in which denomination the fees of counsel are always given.
GULE OF AUGUST. The first of Au­gust, being the day of St. Peter ad Vincula.
GULES. The heraldic name of the color usually called "red." The word is derived from the Arabic word "gule" a rose, and was probably introduced by the Crusaders. -Gules is denoted in engravings by numerous perpendicular lines. Heralds who blazoned
by planets and jewels called it "Mars," and "ruby." Wharton.
GURGES. Lat. Properly a whirlpool, but in old English law and 'conveyancing, a deep pit filled with water, distinguished from "stagnum," which was a shallow pool or pond. Co. Litt. 5; Johnson v. Rayner, 6 Gray (Mass.) 107.
GURGITES. Wears. Jacob.
GUTI. Jutes; one of the three nations who migrated from Germany to Britain at an early period. According to Spelman, they established themselves chiefly in Kent and the Isle of Wight.
GUTTER. The diminutive of a sewer, Callis, Sew. {80,) 100. In modern law, an open ditch or conduit designed to allow the passage of water from one point to another In a certain direction, whether for purposes of drainage, irrigation, or otherwise. War­ren v. Henly, 31 Iowa, 31; Willis v. State, 27 Neb. 98, 42 N. W. 920.
GWABR MERCHED. Maid's fee. A British word signifying a customary fine payable to lords of some manors on marriage of the tenant's daughters, or otherwise on their committing incontinence. Cowell.
GWALSTOW. A place of execution. Jacob.
6WAYP. Waif, or waived; that which has been stolen and afterwards dropped in the highway for fear of a discovery. Cowell.
GYLPUT. The name of a court which was held every three weeks in the liberty or hundred of Pathbew in Warwick. Jacob.
GYLTWITE. Sax. Compensation for fraud or trespass. Cowell.
GYNARCY, or GYN^COCRACY. Gov­ernment by a woman; a state in which women are legally capable of the supreme command; e. g., in Great Britain and Spain.
GYROVAGI. Wandering monks. GYVES. Fetters or shackles for the legs.

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