GABEL. A  tax, imposition,  or duty. This word is said to have
the same signification that gabelle formerly had in France. Cunn.
Dict. h.  t. But  this seems to be an error for gabelle signified
in that  country, previously to its revolution, a duty upon salt.
Merl. Rep.  h. t.  Lord Coke  says, that  gabel or gavel, gablum,
gabellum, gabelletum,  galbelletum,  and  gavillettum  signify  a
rent, duty,  or service, yielded or done to the king or any other
lord. Co. Litt. 142, a.

   GAGE, contracts.  Personal property  placed  by  a  debtor  in
possession of  his creditor, as a security for his debt;  a pawn.
(q. v.) Hence mortgage is a dead pledge.

  GAGER DEL LEY. Wager of law. (q. v.)

   GAIN. The word is used as synonymous with profits. (q. v.) See

   GAINAGE, old  Eng. law.  It signifies  the draft oxen, horses,
wain, plough,  and furniture  for carrying on the work of tillage
by the  baser sort  of soke  men and  villeins, and sometimes the
land itself, or the profits raised by cultivating it. Bract. lib.
1, c. 9.

   GALLON, measures. A gallon is a liquid measure, containing two
hundred and thirty-one cubic inches, or four quarts.

   GALLOWS. An  erection on  which to bang criminals condemned to

   GAME. Birds  and beasts  of a wild-nature, obtained by fowling
and hunting. Bac. Ab. h. t.;  Animals;  Ferae natural.

   GAMING. A  contract between  two or more persons by which they
agree  to  play  by  certain  rules  at  cards,  dice,  or  other
contrivance, and  that one  shall be the loser, and the other the
winner. When  considered in itself, and without regard to the end
proposed by  the player's,  there is  nothing in  it contrary  to
natural  equity,  and  the  contract  will  be  considered  as  a
reciprocal gift,  which the parties make of the thing played for,
under certain. conditions.

   2. There  are some  games which  depend altogether upon skill,
others, upon  chance, and  some others  are of  a  mixed  nature.
Billiards is  an example  of the  first;   lottery of the second;
and backgammon of the last.

   3. In general, at common law all games are lawful, unless some
fraud has  been practiced,  or such  games are contrary to public
policy. Each of the parties to the contract must, 1. Have a right
to the  money or thing played for. 2. He must have given his full
and free  consent, and not been entrapped by fraud. 3. There must
be equality  in the  play. 4.  The play must be conducted fairly.
But even when all these rules have been observed, the courts will
not countenance  gaming by  giving too  easy  a  remedy  for  the
recovery of money won at play. Bac. Ab. h. t. A.

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   4. But  when fraud  has been practiced, as in all other cases,
the contract  is void  and in some cases, when the party has been
guilty of  cheating, by  playing with  false dice,  cards and the
like, he may be indicted at common law, and fined and imprisoned,
according to the heinousness of the offence. 1 Russ. on Cr, 406.

   5. Statutes  have  been  passed  in  perhaps  all  the  states
forbidding gaining  for money,  at certain games, and prohibiting
the recovery  of money  lost at  such games. Vide Bac. Ab. h. t.;
Dane's Ab.  Index,  h.  t.;    Poth.  Traite  du  Jeu;    Merlin,
Repertoire, mot  Jeu;   Barbeyrac, Traite du Jeu, tome 1, p. 104,
note 4;   1  P. A.  Browne's Rep. 171:  1 Overt. R. 360;  3 Pick.
446;   7 Cowen,  496;   1 Bibb, 614;  1 Miss. 635;  Mart. & Yerg.
262;  1 Bailey, 315;  6 Rand. 694;  8 Cowen, 139;  2 Blackf. 251;
3 Blackf. 294;  and Stakeholder;  Wagers.

   GAMING HOUSES,  crim. law.  Houses kept  for  the  purpose  of
pemitting persons  to gamble  for money  or other valuable thing.
They are  nuisances in  the eye  of the law, being detrimental to
the public, as they promote cheating and other corrupt practices.
1 Russ.  on Cr.  299;  Roscoe's Cr. Ev. 663;  Hawk. B. 1, ch. 75,
s. 6;  3 Denio's R. 101;  8 Cowen, 139;  This offence is punished
in Pennsylvania,  an perhaps  in most of the states, by statutory

   GANANCIAL, Spanish  law. A  term which  in  Spanish  signifies
nearly the  same as acquets. Bienes gananciales are thus defined:
" Aquellos  que el  marido y  la muger  o cualquiera  de los  dos
adquieren o  aumentan durante  el matrimonio  por compra  o  otro
contrato, 6  mediante su  trabajo e  industria, como  tambien los
frutos de  los bienos  proprios que cada uno elevo al matrimonio,
et de  los que  subsistiendo este adquieran para si por cualquier
titulo." 1  Febr. Nov.  lib. 1,  tit. 2,  c. 8,  s. 1.  This is a
species of community;  the property of which it is formed belongs
in common  to the  two consorts,  and, on  the dissolution of the
marriage, is  divisible between  them  in  equal  shares.  It  is
confined to  their future  acquisition durante el matrimonio, and
the frutos,  or rents  and profits of the other property. 1 Burge
on Confl.  of Laws, 418, 419;  Aso & Man. Inst. B. 1, t. 7, c. 5,

   GAOL. A  prison or  building designated  by law or used by the
sheriff, for the confinement or detention of those, whose persons
are judicially  ordered  to  be  kept  in  custody.,  This  word,
sometimes written  jail, is  said to  be derived from the Spanish
jaula, a  cage, (derived  from caula,)  in French  geole, gaol. 1
Mann. &  Gran. 222,  note a.  Vide 6 John. R. 22;  14 Vin. Ab. 9;
Bac. Ab.  h. t.;  Dane's Ab. Index, h. t.;  4 Com. Dig. 619;  and
the articles Gaoler;  Prison;  Prisoner.

   GAOL-DELIVERY, Eng. law. To insure the trial, within a certain
time, of  all prisoners,  a patent  in the  nature of a letter is
issued from  the king  to certain  persons, appointing  them  his
justices, and  authorizing them  to  deliver  his  goals.  Cromp.
Jurisd. 125;   4  Inst. 168;   4 Bl. Com. 269;  2 Hale, P. C. 22,
32;   2 Hawk.  P. C.  14, 28. In the United States, the judges of
the criminal courts are required to cause the accused to be tried
within the  times prescribed  by  the  local  statutes,  and  the
constitutions rcqpire a speedy trial.

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   GAOLER. The  keeper of a gaol or prison, one who has the legal
custody of the placo where prisoners are kept.

   2. It  is his  duty to keep the prisoners in safe custody, and
for this,  purpose he  may use all necessary force. 1 Hale, P. C.
601. But any oppression of a prisoner under a pretended necessity
will be  punished;  for the prisoner, whether he be a debtor or a
criminal,  is  entitled  to  the  protection  of  the  laws  from

   GARDEN. A  piece of  ground appropriated to raising plants and

   2. A  garden is  a parcel  of a  house and passes with it. Br.
Feoffm. de  terre, 53;  2 Co. 32;  Plowd. 171;  Co. Litt. 5 b, 56
a, b. But see Moore, 24;  Bac. Ab. Grants, I.

   GARNISH, Eng.  law. Money  paid by  a prisoner  to his  fellow
prisoners on his entrance into prison. .

  TO GARNSIH. To warn;  to garnish the heir, is to warn the heir.

   GARNISHEE, practice. A person who has money or property in his
possession, belonging to a defendant, which money or property has
been attached  in his  hands, and  he  has  had  notice  of  such
attachment;  he is so called because he has had warning or notice
of the attachment.

  2. From the time of the notice of the attachment, the garnishee
is bound  to keep  the  property  in  his  hands  to  answer  the
plaintiff's claim,  until the  attachment is  dissolved, or he is
otherwise discharged.  Vide Serg.  on Att.  88 to 110;  Com. Dig.
Attachment, E.

  3. There are garnishees also in the action of detinue. They are
persons against  whom process  is awarded,  at the  prayer of the
defendant, to  warn them  to come  in  and  interplead  with  the
plaintiff. Bro. Abr. Detinue, passim.

   GARNISHMENT. 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. For  example, in the practice of
Pennsylvania, when  an attachment  issues against  a  debtor,  in
order to  secure to  the plaintiff a claim due by a, third person
to such  debtor, notice  is given  to such  third  person,  which
notice is a garnishment, and he is called the garnishee.

  2. In detinue, the defendant cannot have a sci. fac. to garnish
a third person unless he confess the possession of the chattel or
thing demanded.  Bro.  Abr.  Garnishment,  1,  5.  And  when  the
garnishee comes  in, he cannot vary or depart from the allegation
of the defendant in his prayer of garnishment. The plaintiff does
not declare de novo against the garnishee;  but the garnishee, if
he appears in due time, may have oyer of the original declaration
to which  he pleads. See Bro. Abr. Garnishee and Garnishment, pl.
8, and this title, passim.

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   GAUGER. An  officer 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

   GAVEL. A  tax, imposition  or tribute;  the same as gabel. (q.

  GAVELKIND. Given to all the kindred, or the hold or tenure of a
family, not  the kind  of tenure.  Eng. law.  A tenure  or custom
annexed or  belonging to  land in Kent, by which the lands of the
father are equally divided among all his sons, or the land of the
brother among  all his  brothers, if he have no issue of his own.
Litt. s. 210.

   GELD, old Eng. law. It signifies a fine or compensation for an
offence;  also, rent, money or tribute.

   GEMOTE. An  assembly. Wittena  gemote, during  the time of the
Saxons in  England,  signified  an  assembly  of  wise  men.  The

  GENDER. That which designates the sexes.

   2. As  a general  rule, when the masculine is used it includes
the feminine,  as, man  (q. v.) sometimes includes women. This is
the general  rule, unless  a contrary  intention appears.  But in
penal statutes,  which  must  be  construed  strictly,  when  the
masculine is  used and  not the  feminine, the  latter is  not in
general included.  3 C.  & P.  225. An  instance to the contrary,
however, may  be found in the construction, 25 Ed. III, st. 5, c.
2, §1,  which declares  it to  be high  treason, "When a man doth
compass or  imagine the  death of  our lord  the king," &c. These
words, "our  lord the  king," have  been construed  to include  a
queen regnant.  2 Inst.  7, 8, 9;  H. P. C. 12;  1 Hawk. P. C. c.
17;  Bac. Ab. Treason, D.

  3. Pothier says that the masculine often includes the feminine,
but the feminine never includes the masculine;  that according to
this rule  if a  man were  to bequeath to another all his horses,
his mares  would pass  by the legacy;  but if he were to give all
his mares,  the horses  would not  be included.  Poth. Introd. au
titre 16,  des Testaments et Donations Testamentaires, n. 170;  3
Brev. R.  9. In  the Louisiana code in the French language, it is
provided that the word fils, sons, comprehends filles, daughters.
Art. 3522, n. 1. Vide Ayl. Pand. 57;  4 Car. & Payne, 216;  S. C.
19 Engl.  Com. Law  R. 351;  Barr. on the Stat. 216, note;  Feme;
Feme covert;   Feminine;  Male;  Man;  Sex;  Women;  Worthiest of

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   GENEALOGY. The  summary history or table of a house or family,
showing how the persons there named are connected together.

   2. It  is founded  on the idea of a lineage or family. Persons
descended from  the common  father constitute a family. Under the
idea  of   degrees  is  noted  the  nearness  or  remoteness,  of
relationship, in which one person stands with respect to another.
A series  of several persons, descended from a common progenitor,
is called  a line.  (q. v.)  Children stand  to each other in the
relation either  of full  blood or  half blood, according as they
are descended  from the  same parents, or have only one parent in
common. For  illustrating descent  and relationship, genealogical
tables are  constructed, the order of which depends on the end in
view. In  tables,  the  object  of  which  is  to  show  all  the
individuals embraced  in a fanlily, it is usual to begin with the
oldest progenitor,  and to  put all  the persons  of the  male or
female sex  in descending,  and then  in collateral  lines. Other
tables exhibit  the ancestors of a particular person in ascending
lines both  on the  father's and mother's side. In this way 4, 8,
16, 32-  &c. ancestors  are exhibited,  doubling at every degree.
Some tables  are constructed  in the  form of  a tree, after the.
model of  canonical law,  (arbor consanguinitatis,)  in which the
progenitor is  placed beneath,  as if  for the root or stem. Vide
Branch;  Line.

  GENER. A son-in-law. Dig. 50, 16, 156.

   GENERAL. This  word  has  several  meanings,  namely:    1.  A
principal officer, particularly in the army. 2. Something opposed
to special;   as,  a general  verdict, the  general issue,  which
expressions are  used in  contradistinction to  special  verdict,
special issue.  3. Principal,  as the general post office. 4. Not
select, as  a general  ship. (q.  v.) 5.  Not  particular,  as  a
general custom.  6. Not limited, as general jurisdiction. 7. This
word is  sometimes annexed  or prefixed to other words to express
or limit the extent of their signification;  as Attorney General,
Solicitor General, the General Assembly, &c.

   GENERAL ASSEMBLY.  This name is given in some of the states to
the senate  and  house  of  representatives,  which  compose  the
legislative body.

   GENERAL IMPARLANCE,  pleading. One  granted upon  a prayer, in
which the  defendant reserves  to himself  no exceptions,  and is
always from one term to another. Gould on Pl. c. 2, §17.

   2. After  such imparlance,  the defendant  cannot plead to the
jurisdiction nor  in abatement, but only to the action or merits.
See Imparlance.

   GENERAL ISSUE,  pleading. A  plea which traverses or denies at
once the  whole indictment  or declaration,  without offering any
special matter,  to evade  it. It  is called  the general  issue,
because, by  importing an  absolute and general denial of what is
alleged in  the indictment  or declaration, it amounts at once to
an issue. 2 Bl. Com. 305.

   2. The  general issue  in criminal  cases, is,  not guilty. In
civil cases,  the general  issues are  almost as  various as  the
forms  of   action;     in  assumpsit,   the  general   issue  is
non-assumpsit;  in debt, nil debet;  in detinue, non detinet;  in
trespass, non cul. or not guilty;  in replevin, non cevit, &c.

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   3. Any  matter going to show that a deed or contract, or other
instrument is  void, may  be given  in evidevce under the general
issue;   10 Mass. 267, 274;  14 Pick. 303, 305;  such as usury. 2
Mass. 540;   12 Mass. 26;  15 Mass. 48, 54. See 4 N. Hamp. R. 40;
2 Wend.  246;   6 Mass.  460;   10 Mass. 281. But a right to give
evidence under  the general  issue, any  matter which would avail
under a  special plea  does not extend to matters in abatement. 9
Mass. 366:  14 Mass. 273;  Gould on Pl. c. 4, pt. 1, §9, et seq.;
Special Issue.

   GENERAL LAND  OFFICE. One  of the departments of government of
the United States.

   2. It  was established  by the Act of April 25,1812, 2 Story's
Laws U. S. 1238;  another act was passed March 24, 1824, 3 Story,
1938, which authorized the employment of additional officers. And
it was  reorganized by  the following  act, entitled  "An act  to
reorganize the General Land Office," approved July 4, 1836.

   3. - §1. Be it enacted, &c. That from and after the passage of
this act,  the executive  duties now  prescribed,  or  which  may
hereafter be prescribed by law, appertaining to the surveying and
sale of  the public  lands of  the United  States, or  in anywise
respecting such  public lands,  and,  also,  such  as  relate  to
private claims of land, and the issuing of patents for all grants
of land  under the  authority of  the government  of  the  United
States, shall  be subject  to the  supervision and control of the
commissioner of  the general  land office, under the direction of
the president of the United States.

   4. -  §2. That there shall be appointed in said office, by the
president, by  and with the advice and consent of the senate, two
subordinate officers, one of whom shall be called principal clerk
of the  public lands,  and the  other principal  clerk on private
land claims,  who shall perform such duties as may be assigned to
them by  the commissioners  of the  general land  office;  and in
case of  vacancy in the office of the commissioner of the general
land office,  or of  the absence or sickness of the commissioner,
the duties  of said  office shall devolve upon. and be performed,
ad interim, by the principal clerk of the public lands.

  5. - §3. That there shall be appointed by the president, by and
with the  advice and  consent of  the senate,  an officer  to  be
styled the principal clerk of the surveys, whose duty it shall be
to direct  and superintend  the making  of surveys,  the  returns
thereof, and all matters relating thereto, which are done through
the officers  of the surveyor general;  and he shall perform such
other duties as may be assigned to him by the commissioner of the
general land office.

  6. - §4. That there shall be appointed by the president, by and
with the  consent of  the senate,  a recorder of the general land
office, whose duty it shall be, in pursuance of instructions from
the commissioner,  to certify  and affix  the seal of the general

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land office  to all patents for public lands, and he shall attend
to the  correct engrossing and recording and transmission of such
patents. He  shall prepare  alphabetical indexes  of the names of
patentees, and  of persons  entitled to  patents  and  he  shall.
prepare such  copies and  exemplifications of matters on file, or
recorded in the general land office, as the commissioner may from
time to time direct.

   7.- §5. That there shall be appointed by the president, by and
with the  advice and  consent of  the senate,  an officer  to  be
called the  solicitor of  the general land office, with an annual
salary of two thousand dollars, whose duty it shall be to examine
and present  a report  to the commissioner, of the state of facts
in all  cases referred by the commissioner to his attention which
shall involve  questions of  law,  or  where  the  facts  are  in
controversy between the agents of government and, individuals, or
there are  conflicting claims  of parties  before the department,
with his opinion thereon;  and, also, to advise the commissioner,
when required  thereto, on  all  questions  growing  out  of  the
management of  the public  lands, or  the title  thereto, private
land  claims,   Virginia  military   scrip,  bounty   lands,  and
preemption  claims   and  to  render  such  farther  professional
services in  the business  of the  department as may be required,
and shall be connected with the discharge of the duties theroof.

  8.- §6. That it shall be lawful for the president of the United
States, by  and with  the advice  and consent  of the  senate, to
appoint a secretary, with a salary of fifteen hundred dollars per
annum, whose  duty it  shall  be,  under  the  direction  of  the
president, to sign in his name, and for him, all patents for land
sold or granted under the authority of the United States.

   9. -  §7. That  it shall  be the  duty of the commissioner, to
cause to  be prepared,  and to  certify, under  the seal  of  the
general land office, such copies of records, books, and papers on
file in his office, as may be applied for, to be used in evidence
in courts of justice.

   10. -  §8. That  whenever the  office of recorder shall become
vacant, or  in case  of the  sickness or absence of the recorder,
the duties  of his  office shill be performed, ad interim, by the
principal clerk on private land claims.

   11. - §9. That the receivers of the land offices shall make to
the secretary  of the  treasury mouthly  returns  of  the  moneys
received in  their several  offices, and  pay  over  such  money,
pursuant to  his instructions.  And they  shall also  make to the
commissioner of  the general  land office,  like monthly returns,
and transmit  to him quarterly accounts current of the debits and
credits of their several offices with the United States.

   12. -  §10. That  the commissioner  of the general land office
shall be  entitled to  receive an annual salary of three thousand
dollars;   the recorder  of the  general land  office  an  annual
salary of  fifteen hundred  dollars;   the principal clerk of the
surveys, an  annual salary of eighteen hundred dollars;  and each
of the said principal clerks an annual salary of eighteen hundred

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dollars  from   and:     after  the   date  of  their  respective
commissions;   and that  the said  commissioner be  authorized to
employ, for  the service  of the  general land office, one clerk,
whose annual  salary shall  not exceed  fifteen hundred  dollars;
four clerks,  whose  annual  salary  Shall  not  exceed  fourteen
hundred dollars  each;  sixteen clerks, whose annual salary shall
not exceed  thirteen hundred  dollars each;  twenty clerks, whose
annual salary shall not exceed twelve hundred dollars each;  five
clerks, whose  annual salary  shall  not  exceed  eleven  hundred
dollars each;   thirty-five clerks, whose annual salary shall not
exceed one  thousand dollars  each;   one principal  draughtsman,
whose annual  salary shall  not exceed  fifteen hundred dollars;,
one assistant  draughtsman, whose  annual salary shall not exceed
twelve hundred  dollars;   two messengers,  whose  annual  salary
shall not  exceed seven  hundred dollars  each;   three assistant
messengers, whose  annual salary  shall not  exceed three hundred
and fifty  dollars each  and two  packers, to make up packages of
patents,  blank   forms,  and   other  things   necessary  to  be
transmitted to  the district  land offices,  at a  salary of four
hundred and fifty dollars each.

   13. -  §11. That  such provisions  of the  Act of  the 25th of
April, in  the  year  one  thousand  eight  hundred  and  twelve,
entitled An act for the establishment of a general land office in
the department  of the  treasury,  and  of  all  acts  amendatory
thereof, as are inconsistent with the provisions of this act, be,
and the same are hereby repealed.

   14. -  §12. That  from the  first day of the month of October,
until the first day of the month of April, in each and every ear,
the general  land office and all the bureaus and offices therein,
as well  as those  in the departments of the treasury, war, navy,
state, and general post-office, shall be open for the transaction
of the  public business  at least  eight hours  in each and every
day, except  Sundays and  the twenty-fifth  day of December;  and
from the  first day  of April  until the first day of October, in
each year,  Ill the  aforesaid offices  and bureaus shall be kept
open for  the transaction  of the  public business  at least  ten
hours, in  each and  every day, except Sundays and the fourth day
of July.

   15. -  §13. That  if any person shall apply to any register of
any land office to enter any land whatever, and the said register
shall knowingly  and falsely  inform the  person so applying that
the same  has already  been entered,  and refuse  to  permit  the
person so  applying to  enter the  same, such  register shall  be
liable therefor,  to the person so applying, for five dollars for
each acre  of land which the person so applying offered to enter,
to be  recovered by action of debt, in any court of record having
jurisdiction of the amount.

   16. -  §14. That  all and every of the officers whose salaries
are  hereinbefore   provided  for,  are  hereby  prohibited  from
directly  or  indirectly  purchasing,  or  in  any  way  becoming
interested in  the purchase,  of, any of the public land;  and in
case of a violation of this section by such officer, and on proof
thereof being  made to  the president  of the United States, such
officer, so offending, shall be, forthwith, removed from office.

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  GENERAL SHIP. One which is employed by the master or owners, on
a particular  voyage, and  is  hired  by  a  number  of  persons,
unconnected with  each other, to convey their respective goods to
the place of destination.

   2. This  contract, although  usually made with the master, and
not with  the owners,  is considered  in law to be made with them
also, and  that both  he and  they are  separately bound  to  the
performance of it. Abbott on Ship. 112, 215, 216.

    GENERAL  SPECIAL  IMPARLANCE,  pleading.  One  in  which  the
defendant reserves  to himself  " all  advantages and  exceptions
whatsoever." 2 Chit. Pl. 408.

   2. This  kind of  imparlance allows  the defendant not only to
plead  in   abatement  and   to  the  action,  but  also  to  the
jurisdiction  of   the  court.  Gould  on  Pl.  c.  2,  §19.  See

     GENERAL  TRAVERSE,  pleading.  One  preceded  by  a  general
inducement, and  denying, in  general terms,  all  that  is  last
before alleged  on the  opposite side,  instead of  pursuing  the
words of  the allegations,  which it denies. Gould on Pl. vii. 5,

   2. Of  this sort  of traverse,  the replication de injuria sua
propria, absque  tali causa,  in answer  to a justification, is a
familiar example. Bac. Ab. Pleas, H 1 Steph. Pl. 171;  Gould, Pl.
c. 7, §5 Archb. Civ. Pl. 194. Vide T?-averse;  Special Traverse.

  GENS. A word used by the Romans to represent race and nation. 1
Tho. Co.  Litt. 259,  n. 13.  In the  French law,  it is  used to
signify people or nations, as Droit des Gens, the law of nations.

  GENTLEMAN. In the English law, according to Sir Edward Coke, is
one who bears a coat of armor. 2 Inst. 667. In the United States,
this word  is unknown  to the  law, but  in  many  places  it  is
applied, by  courtesy, to all men. See Poth. Proc. Crim. sect. 1,
App. §3.

   GENTLEWOMAN. This  word is  unknown to  the law  in the United
States, and  is but  little used. In England. it was, formerly, a
good addition of the state or degree of a woman. 2 Inst. 667.

  GENUS. It denotes the number of beings, or objects, which agree
in certain  general properties, common to them all, so that genus
is, in  fact, only  an abstract  idea, expressed  by some general
name or  term;   or rather  a name  or term,  to signify  what is
called au  abstract idea.  Thus, goods  is the  generic name, and
includes, generally, all personal property;  but this word may be
restrained, particularly  in bequests to such goods as are of the
same kind as those previously enumerated. Vide 3 Ves. 311 11 Ves.
657;   1 Eq.  Cas. Ab.  201, pl. 14;  2 Ves. sen. 278, 280;  Dig.
50, 17, 80;  Id. 12, 1, 2, 3.

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   GEORGIA. The  name of one of the original states of the United
States of  America. George  the Second  granted a charter to Lord
Percival, and  twenty others,  for the government of the province
of Georgia.  It was  governed under  this charter  till the  year
1751, when  it was  surrendered to the crown. From that period to
the time  of the  American revolution, the colony was governed as
other royal provinces.

   2. The  constitution of  the state,  as revised,  amended, and
compiled  by   the  convention  of  the  state,  was  adopted  at
Louisville, on  the 30th day of May, 1798. It directs, art. 1, s.
1, that  the legislative, executive, and judiciary departments of
government shall  be  distinct,  and  each  department  shall  be
confided to a separate body of magistracy.

   3.-1. The  legislative power  is vested  in two  separate  and
distinct branches, to wit, a senate and house of representatives,
styled  the   General  Assembly."  1st.  The  senate  is  elected
annually, and  is composed of one member from each county, chosen
by the electors thereof. The senate elect, by ballot, a president
out of  their own  body. 2d.  The  house  of  representatives  is
composed of  members from  all the  counties, according  to their
respective  numbers   of  free   white  persons,   and  including
three-fifths of  all the people of color. The enumeration is made
once in  seven years,  and any  county containing  three thousand
persons, according  to the  foregoing  plan  of  enumeration,  is
entitled to  two members;   seven thousand to three members;  and
twelve thousand  to four  members;  but each county shall have at
least one,  and not  more than  four members. The representatives
are chosen  annually. The  house of  representatives choose their
speaker and other officers.

  4. - 2. The executive power is vested in a governor, elected by
the general  assembly, who  holds his  office for the term of two
years. In  case of  vacancy in  his office,  the president of the
senate acts  as governor,  until the  disability is  removed,  or
until the next meeting of the general assembly.

  5. - 3. The judicial powers of the state are, by the 3d article
of the constitution, distributed as follows:

   §1. The  judicial powers  of this  state shall  be vested in a
superior  court,  and  in  such  inferior  jurisdictions  as  the
legislature shall,  from time  to time, ordain and establish. The
judges of  the superior  courts shall  be elected for the term of
three years,  removable  by  the  governor,  on  the  address  of
two-thirds of both houses for that purpose, or by impeachment and
conviction thereon.  The superior  court shall have exclusive and
final jurisdiction  in all criminal cases which shall be tried in
the county  wherein the  crime was  committed;   and in all cases
respecting titles  to land,  which shall  be tried  in the county
where the  land lies;   and shall have power to correct errors in
inferior judicatories  by writs  of certiorari, as well as errors
in the  superior courts,  and to  order new  trials on proper and
legal grounds Provided, That such new trials shall be determined,
and such errors corrected, in the superior court of the county in
which such  action originated. And the said court shall also have

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appellative jurisdiction  in such  other cases as the legislature
may by  law direct,  which shall  in no  case tend  to remove the
cause from  the county  in which  the action originated;  and the
judges thereof,  in all  cases of  application for new trials, or
correction of error, shall enter their opinions on the minutes of
the court. The inferior courts shall have cognizance of all civil
cases, which  shall be  tried in the county wherein the defendant
resides, except in cases of joint obligors, residing in different
counties, which may be commenced in either county;  and a copy of
the petition  and process served on the party or parties residing
out of  the county  in which  the suit may be commenced, shall be
deemed sufficient  service, under  such rules  and regulations as
the legislature  may direct;  but the legislature may, by law, to
which two-thirds  of each  branch shall  concur, give  concurrent
jurisdiction to  the superior  courts. The  superior and inferior
courts shall  sit in  each county  twice in  every year,  at such
stated times as the legislature shall appoint.

   6. -  §2. The  judges shall  have salaries  adequate to  their
services, established  by law,  which shall  not be  increased or
diminished during  their continuance  in office;   but  shall not
receive  any  other  perquisites  or  emoluments  whatever,  from
parties or others, on account of any duty required of them.

   7. -  §3. There  shall be  a state's  attorney and  solicitors
appointed by  the legislature,  and commissioned by the governor,
who shall  hold their offices for the term of three years, unless
removed by  sentence on  impeachment, or  by the governor, on the
address of  each branch  of the general assembly. They shall have
salaries adequate  to their  services, established  by law, which
shall not  be increased or diminished during their continuance in

   8. - §4. Justices of the inferior courts shall be appointed by
the general  assembly, and  be commissioned  by the governor, and
shall hold  their commissions during good behaviour, or as long a
they respectively  reside in  the county  for which they shall be
appointed, unless  revoved by  sentence on impeachment, or by the
governor, on  the address  of two-thirds  of each  branch of  the
general assembly.  They may  be compensated for their services in
such manner as the legislature may by law direct.

   9. -  §5. The  justices of the peace shall be nominated by the
inferior courts  of the several counties, and commissioned by the
governor;   and there  shall be two justices of the peace in each
captain's district,  either or  both of  whom shall have power to
try all  cases of a civil nature within their district, where the
debt or  litigated demand does not exceed thirty dollars, in such
manner as  the legislature  may by  law direct.  They shall  hold
their appointments  during good behaviour, or until they shall be
removed by  conviction, on  indictment in the superior court, for
malpractice in office, or for any felonious or infamous crime, or
by the  governor, on  the address of two-thirds of each branch of
the legislature.

   10. -  §6. The  powers of  a court  of ordinary or register of
probates, shall,  be invested  in the  inferior  courts  of  each

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county;   from whose  decision there  may be  an  appeal  to  the
superior court,  under such  restrictions and  regulations as the
general assembly may by law direct;  but the inferior court shall
have power to vest the care of the records, and other proceedings
therein, in  the clerk, or such other person as they may appoint;
and any  one or  more justices of the said court, with such clerk
or other  person, may issue citations and grant temporary letters
in time  of vacation,  to hold until the next meeting of the said
court;   and such  clerk  or  other  person  may  grant  marriage

   11. -  §7. The  judges of  the superior  courts, or any one of
them, shall  have power to issue writs of mandamus. prohibi tion,
scire facias,  and all  other writ's  which may  be necessary for
carrying their powers fully into effect.

   GERMAN, relations,  germanus. Whole  or  entire,  as  respects
genealogy or descent;  thus, "brother-german," denotes one who is
brother both  by the  father and  mother's side  cousins-germane"
those in  the first  and  nearest  degree,  i.  e.,  children  of
brothers or sisters. Tech. Dict.;  4 M. & C. 56.

  GERONTOCOMI, civil law.. Officers appointed to manage hospitals
for poor old persons. Clef des Lois Rom. mot Administrateurs.

   GESTATION, med.  jur. The  time during which a female, who has
conceived, carries  the embryo  or foetus  in her  uterus. By the
common consent of mankind, the term of gestation is considered to
be ten  lunar months,  or forty  weeks, equal  to  nine  calendar
months and  a week. This period has been adopted, because general
observation, when  it could  be correctly  made, has  proved  its
correctness.  Cyclop.   of  Pract.  Med.  vol.  4,  p.  87,  art.
Succession of  inheritance. But  this may vary one, two, or three
weeks. Co. Litt. 123 b, Harg. & Butler's, note 190*;  Ryan's Med.
Jurisp. 121;   Coop.  Med. Jur:   18;   Civ.  Code of Louis. art.
203-211;  1 Beck's Med. Jur. 478. See Pregnancy.

   GIFT, conveyancing.  A  voluntary  conveyance;    that  is,  a
conveyance not  founded on  the consideration  of money or blood.
The word  denotes rather the motive of the conveyance;  so that a
feoffment or  grant may  be called a gift when gratuitous. A gift
is of the same nature as a settlement;  neither denotes a form of
assurance, but the nature of the transaction. Watk. Prin. 199, by
Preston. The  operative words  of this conveyance are do or dedi.
The maker  of this instrument is called the donor, and he to whom
it is made, the donee. 2 B. Com. 316 Litt. 69;  Touchs. ch. 11.

   GIFT, contracts.  The act  by which  the  owner  of  a  thing,
voluntarily transfers  the title and possession of the same, from
himself  to   another  person   who  accepts   it,  without   any
consideration. It  differs from a grant, sale, or barter in this,
that in  each of these cases there must be a consideration, and a
gift, as the definitionstates, must be without consideration.

   2. The  manner of  making the  gift  may  be  in  writing,  or
verbally, and,  as far  as personal  chattels are concerned, they
are equally  binding. Perk. §57;  2 Bl. Com. 441. But real estate
must be transferred by deed.

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   3. There  must be a transfer made with an intention of passing
the title,  and delivering the possession of the thing given, and
it must  be accepted by the donee. 1 Madd. Ch. R. 176, Am. ed. p.
104;  sed vide 2 Barn. & Ald. 551;  Noy's Rep. 67.

   4. The transfer must be without consideration, for if there be
the least  consideration, it will change the contract into a sale
or barter,  if possession  be delivered;   or  if  not,  into  an
executory contract. 2 Bl. Com. 440.

   5. Gifts  are divided  into gifts inter vivos, and gifts causa
mortis;  and also' into simple or proper gifts;  that is, such as
are to  take  immediate  effect,  without  any  condition;    and
qualified or  improper gifts,  or such as derive their force upon
the happening,  of  some  condition  or  contingency;    as,  for
example, a  donatio causa  mortis.  Vide  Donatio  causa  mortis;
Gifts inter  vivos;   and Vin.  Ab. h. t.;  Com. Dig. Biens, D 2,
and Grant;   Bac. Ab. Grant;  14 Vin. Ab. 19 3 M. & S. 7 5 Taunt.
212 1 Miles, R. 109.

  GIFT INTER Vivos. A gift made from one or more persons, without
any prospect of immediate death, to one or more others.

   2. These  gifts are  so called  to distinguish them from gifts
causa-mortis, (vide  Donatio  causa  mortise,)  from  which  they
differ essentially.  1. A  gift inter  vivos, when  completed  by
delivery, passes  the title  to the  thing so  that it  cannot be
recovered back  by the  giver;   the gift  causa mortis is always
given upon  the implied condition that the giver may, at any time
during his life, revoke it. 7 Taunt. 231;  3 Binn. 366. 2. A gift
inter vivos  may be  made by  the giver at any time;  the donatio
causa mortis  must be  made by the donor while in peril of death.
In both  cases there  must be  a delivery.  2 Kent's Com. 354;  1
Beav. R. 605;  1 Miles, R. 109.

  GIFTOMAN, Swedish law. He who has a right to dispose of a woman
in marriage.

   2. This right is vested in the father, if living;  if dead, in
the mother.  They may  nominate a person in their place;  but for
want of  such nomination,  the brothers  german;  and for want of
them, the  consanguine brothers;   and  in default of the latter,
uterine brothers  have the  right, but  they are bound to consult
the  paternal  or  maternal  grandfather.  Swed-  Code,  tit.  of

   GILL. A  measure of  capacity, equal  to one-fourth of a pint.
Vide Measure.

   GIRANTEM, mer.  law. An  Italian word,,  which  signifies  the
drawer. It  is derived  from, girare, to draw, in the same manner
as the  English verb  to murder,  is transformed into murdrare in
our old indictments. Hall, Mar. Loans, 183, n.

   GIRTH., A girth or yard is a measure of length. The word is of
Saxon origin,  taken from  the circumference  of the  human body.
Girth is  contracted from  girdeth,  and  signifies  as  much  as
girdle. See Ell.

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   GIST, pleading.  Gist of the action is the essential ground or
object of  it, in  point of  law, and  without which  there is no
cause of  action. Gould  on Pl.  c. 4,  §12. But it is observable
that the  substance or  gist of  the action  is  not  always  the
principal cause  of the  plaintiff Is complaint in point of fact,
nor that  on which  he recovers  all or  the greatest part of his

  2. It frequently bappens that upon that part of his declaration
which contains  the substance  or gist  of the,  action, he  only
recovers nominal  damages, and he gets his principal satisfaction
on account  of matter  altogether collateral  thereto. A familiar
instance of  this is  the case  where a father sues the defendant
for a trespass for the seduction of his daughter. The gist of the
action is  the trespass, and the loss of his daughter's services,
but the  collateral cause is the injury done to his feelings, for
which the  principal damages  are given. In stating the substance
or gist  of the  action, every  thing must  be averred  which  is
necessary to  be proved  at the  trial. Vide  1 Vin.  Ab. 598;  2
Phil. Ev.  1, note.  See Bac.  Abr. Pleas,  B;   Doct. P. 85. See
Damages, special,  in pleading;   1 Vin. At. 598;  2 Phil. Ev. 1,

  GIVER, contracts. He who makes a gift. (q. v.) By his gift, the
giver always  impliedly agrees  with the  donee that  he will not
revoke the gift.

   GIVING IN  PAYMENT. This  term  is  used  in  Louisiana;    it
signifies that  a debtor,  instead of  paying a  debt he  owes in
money, satisfies  his creditor  by giving in payment a movable or
immovable. Vide Dation en paiement.

  GIVING TIME, contracts. Any agreement by which a creditor gives
his debtor  a delay  or time  in paying  his  debt,  beyond  that
contained in  the original  agreement.  When  other  persons  are
responsible to  him, either  as drawer,  endorser, or  surety, if
such time  be  given  without  the  consent  of  the  latter,  it
discharges them  from responsibility  to him. 1 Gall. Rep. 32;  7
John. R.  332;  10 John. Rep. 180;  Id. 587 Kirby, R. 397 3 Binn.
R. 523;   2 John. Ch. R. 554;  3 Desaus. Ch. Rep. 604;  2 Desaus.
Ch. R.  230, 389  2 Ves.  jr. 504;   6 Ves. jr. 805 3 Atk. 91;  2
Bos. &  Pull,. 62;   4 M. & S. 232;  Bac. Ab. Obligations, D;  6.
Dow. P.  C. 238;   3  Meriv. R.  272;   5 Barn., & A. 187. Vide 1
Leigh's N . P. 31;  1 B. & P. 652;  2 B. & P. 61;  3 B. & P. 363;
8 East,  R. 570;   3 Price, R. 521;  2 Campb. R. 178. 12 East,.R.
38;   5 Taunt.  R. 319;  S. C. 1 E. C. L. R. 119;  Rosc. Civ. Ev.
171;   8 Watts,  R. 448;   4 Penn. St. R. 73;  10 Paige, 76;  and
the article Forbearance.

  2. But more delay in suing, without fraud or any agreement with
the principal,  is not  such giving  time as  will discharge  the
surety. 1  Gallis. 32;  2 Pick. 581 3 Blackf. 93 7 John. 332. See

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  GLADIUS. In our old Latin authors, and in the Norman laws, this
word was used to signify supreme jurisdiction, jus gladii.

   GLEANING. The  act of gathering such grain in a field where it
grew, as  may, have  been left  by the  reapers after the sheaves
were gathered.

   2. There is a custom in England, it is said, by which the poor
are allowed  to enter and glean upon another's land after harvest
without being  guilty of  a trespass. 3 Bl. Com. 212 . But it has
been decided  that the  community are  not entitled to claim this
privilege as  a right. 1 Hen. Bl. 51. In the United States, it is
believed, no  such right exists. This right seems to have existed
in some  parts of  France. Merl.  Rep. mot Glanage. As to whether
gleaning would or would not amount to larceny, vide Woodf. Landl.
& Ten.  242;   2 Russ.  on Cr. 99. The Jewish law may be found in
the 19th  chapter of Leviticus, verses 9 and 10. See Ruth, ii. 2,
3;  Isaiah, xvii. 6.

  GLEBE, eccl. law. The land which belongs to a church. It is the
dowry of the church. Gleba est terra qua consistit dos ecclesiae.
Lind. 254;  9 Cranch, Rep. 329. In the civil law it signified the
soil of  an inheritance;   there  were serfs of the glebe, called
gleboe addicti. Code, 11, 47, 7 et 21;  Nov. 54, c. 1.

     GLOSS.  Interpretation,  comment,  explanation,  or  remark,
intended to illustrate the text of an author.

   GLOSSATOR. A commentator or annotator of the Roman law. One of
the authors
 of the Gloss.

   GLOUCESTER, STATUTE  OF. An English statute, passed 6 Edw. I.,
A. D.,  1278;   so called,  because it  was passed at Gloucester.
There were  other statutes  made at Gloucester, which do not bear
this name. See stat. 2 Rich. II.

   GO WITHOUT  DAY. These  words have  a technical  sense. When a
party is dismissed the court, he is said to go without day;  that
is, there is no day appointed for him to appear again.

   GOD. From  the Saxon  god, good.  The source of all good;  the
supreme being. 1. Every man is presumed to believe in God, and he
who opposes  a witness  on the ground of his unbelief is bound to
prove it. 3 Bouv. Inst. u. 3180.

   2. Blasphemy  against the  Almighty, by  denying his  being or
providence, was  an offence  punishable at common law by fine and
imprisonment, or  other infamous corporal punishment. 4 Bl. Corn.
60;   1 East,  P. C. 3;  1 Russ. on Crimes, 217. This offence his
been enlarged in Pennsylvania, and perhaps most of the states, by
statutory provision.  Vide Christianity;   Blasphemy;  11 Serg. &
Rawle, 394.

   3. By  article 1,  of amendments  to the  Constitution of  the
United States,  it is  provided that "Congress shall make no laws

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respecting an  establishment of religion, or prohibiting the free
exercise thereof."  In the United States, therefore, every one is
allowed to  worship God  according to  the dictates  of  his  own

   GOD AND MY COUNTRY. When a prisoner is arraigned, he is asked,
How will  you be tried? he answers, "By God and my country." This
practice arose when the prisoner had the right to choose the mode
of trial,  namely, by  ordeal or  by jury, and then he elected by
God or  by his  country, that  is, by  jury. It  is probable that
originally it  was "By  God or my country" for the question asked
supposes an  option in  the prisoner,  and the answer is meant to
assert his  innocence by declining neither sort of trial. 1 Chit.
Cr. Law, 416;  Barr. on the Stat. 73, note.

   GOD B0TE,  eccl. law. An ecclesiastical or church fine imposed
upon an. offender for crimes and offences committed against God.

   GOING WITNESS. One who is going out of the jurisdiction of the
court, although  only into  a state  or country under the general
sovereignty;  as, for example, if he is going from one to another
of the  United States;   or,  in Great  Britain, from  England to
Scotland. 2 Dick. 454.

   GOLD. A  metal used  in making money, or coin. It is pure when
the metal is unmixed with any other. Standard gold, is gold mixed
with some other metal, called alloy. Vide Money.

   GOOD BEHAVIOUR.  Conduct authorized  by law.  Surety  of  good
behaviour  may   be  demanded  from  any  person  who  is  justly
suspected, upon  sufficient grounds,  of intending  to  commit  a
crime or  misdemeanor. Surety.  for good  behaviour  is  somewhat
similar to  surety of  the peace,  but the  recognizance is  more
easily forfeited,  and it  ought  to  be  demanded  with  greater
caution. 1 Binn. 98, n.;  2 Yeates, 437;  14 Vin. Ab. 21;  Dane's
Ab. Index,  h. t. As to what is a breach of good behaviour, see 2
Mart. N.  S. 683;   Hawk.  b. 1,  c. 61, s. 6 Chit. Pr. 676. Vide
Surdy of the peace.

  GOOD AND LAWFUL MEN, probi et legales homines. The law requires
that those who serve on juries shall be good. and lawful men;  by
which is understood those qualified to serve on juries;  that is,
that they  be of  full age, citizens, not infamous nor non compos
mentis, and  they must  be resident in the county where the venue
is laid.  Bac. Ab.  Juries, A;   Cro.  Eliz. 654;  3 Inst. 30;  2
Rolle's R. 82;  Cam. & Norw. 38.

   GOOD CONSIDERATION,  contracts. A  good consideration  is  one
which flows from kindred or natural love and affection alone, and
is not of a pecuniary.nature. Vin. Ab. Consideration, B;  1 Bouv.
Inst. n. 613. Vide Consideration.

   GOOD WILL. By this term is meant the benefit which arises from
the  establishment  of  particular  trades  or  occupations.  Mr.
Justice Story  describes a  good will  to  be  the  advantage  of
benefit which  is acquired  by an  establishment, beyond the mere
value  of  the  capital,  stocks,  funds,  or  property  employed

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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;  see 17
Ves. 336;  1 Hoffm. R. 68;  16 Am. Jur. 87.

   2. As between partners, it has been held that the good will of
a partnership  trade survives;   6 Ves. 539;  but this appears to
be doubtful;   16  Ves. 227;  and a distinction, in this respect,
has  been   suggested   between   commercial   and   professional
partnerships;   the advantages  of established  connexions in the
latter being  held to  survive, unless the benefit is excluded by
positive stipulation.  3  Madd.  79.  As  to  the  sale,  of  the
good-will of  a trade  or business,  see. 3 Meriv. 452;  1 Jac. &
Walk. 689;   2  Swanst. 332;  1 Ves. & Beames, 505;  17 Ves. 346;
2 Madd. 220;  Gow on Partn. 428;  Collyer on Partn. 172, note;  2
B. &  Adolph. 341;  4 Id. 592, 596;  1 Rose, 123;  5 Russ. 29;  2
Watts, 111;  1 Chit. Pr. 868;  1 Sim. & Stu. 74;  2 Russ. R. 170;
1 Jac. & W. 380;  1 Russ. R. 376;  1 P. & W. 184;  2 Mad. R. 198;
l T. R. 118. Vide 5 Bos. & Pull. 67;  1 Bro. C. C. 160, as to the
effect of  a bankrupt's  assignment on a good-will;  and 16 Amer.
Jur. 87.

    GOODS,  property. For some purposes this term includes money,
valuable securities,  and other  mere personal effects. The term.
goods and  chattels,  includes  not  only  personal  property  in
possession, but also choses in action. 12 Co. 1;  1 Atk. 182. The
term chattels  is more comprehensive than that of goods, and will
include all  animate as  well as  inanimate property,  and also a
chattel real,  as a  lease for  years of house or land. Co. Litt.
118;   1 Russ.  Rep. 376.  The  word  goods  simply  and  without
qualification, will pass the whole personal estate when used in a
will, including  even stocks in the funds. But in general it will
be limited  by the  context of the will. Vide 2 Supp. to Ves. jr.
289;   1 Chit.  Pr. 89,  90;   1. Ves. jr. 63;  Hamm. on Parties,
182;   3 Ves. 212;  1 Yeates, 101;  2 Dall. 142;  Ayl. Pand. 296;
Wesk. Ins.  260;   1 Rop.  on Leg. 189;  1 Bro. C. C. 128;  Sugd.
Vend. 493, 497;  and the articles Biens;  Chattels;  Furniture.

   2. Goods  are said  to be of different kinds, as adventitious,
such as  are given  or arise otherwise than by succession;  dotal
goods, or  those which  accrue from a dowry, or marriage portion;
vacant goods, those which are abandoned or left at large.

   GOODS SOLD  AND DELIVERED.  This phrase  is frequently used in
actions of  assumpsit, and the sale and delivery of goods are the
foundation of  the action.  When a  plaintiff declares  for goods
sold and  delivered, he is required to prove, first, the contract
of  sale;     secondly,  the  delivery  of  the  goods,  or  such
disposition of  them as  will be equivalent to it;  and, thirdly,
their  value.   11  .   Shepl.  505.  These  will  be  separately

   2. -  1. The  contract of  sale may  be express,  as where the
purchaser actually  bought the  goods on  credit, and promised to

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pay for  them at  a future time;  or implied, where from his acts
the defendant  manifested an  intention to  buy them;    as,  for
example, when  one takes  goods by  virtue of  a sale  made by  a
person who  has no  authority to  sell, and  the owner afterwards
affirms the  contract, he  may maintain  an action for goods sold
and delivered.  12 Pick.  120. Again,  if the  goods come, to the
hands of  the defendant  tortiously, and  are converted by him to
his own use, the plaintiff may waive the tort, and recover as for
goods sold and delivered. 3 N. H. Rep. 384;  1 Miss. R. 430, 643;
3 Watts, 277;  5 Pick. 285;  4 Binn. 374;  2 Gill & John. 326;  3
Dana, 552;  5 Greenl. 323.

   3. - 2. The delivery must be made in accordance with the terms
of the  sale, for  if there  has not been such delivery no action
can be maintained. 2 Ired. R. 12;  15 Pick. 171;  3 John. 534.

   4.- 3. The plaintiff must prove the value of the goods;  where
there is  an express  agreement as to their value, be established
by evidence,  but where  there is  no such express agreement, the
value of the goods at the time of sale must be proved. Coxe, 261.
And the  purchaser of  goods cannot defend, against an action for
the purchase money, by showing that the property was of no value.
8 Port. 133.

   5. To  support an  action for  goods sold and delivered, it is
indispensable that the goods should have been sold for money, and
that the  credit on which they were sold should have expired. But
where the  goods have  been sold  on a  credit to  be paid for by
giving a  note or  bill, and  the  purchaser  does  not  give  it
according to  contract, although  the seller  cannot  recover  in
assumpsit for  goods sold  and  delivered  till  the  credit  has
expired, yet  he may  proceed immediately  for a  breach  of  the
agreement. 21 Wend. 175.

   6. When  goods have  been sold to be paid for partly in money,
and partly  in goods to be delivered to the vendor, the plaintiff
must declare specially, and he cannot recover on the common count
for goods  sold and  delivered. 1 Chit. Pl. 339;  1 Leigh's N. P.
88;  1 H. Bl. 287;  Holt, 179.

   GOUT, med.  jur. contracts. An inflammation of the fibrous and
ligamentous parts of the joints.

   2. In  cases of  insurance on lives, when there is warranty of
health, it  seems that  a man  subject to  the gout,  is  a  life
capable of  being, insured,  if he has no sickness at the time to
make it an unequal contract. 2 Park, Ins. 583.

   GOVERNMENT, natural  and political  law. The  manner in  which
sovereignty is exercised in each state.

   2. There are three simple forms of government, the democratic,
the aristocratic,  and monarchical.  But these three simple forms
may be  varied to  infinity by the mixture and divisions of their
different powers.  Sometimes by the word government is understood
the body  of men,  or the  individual in  the state,  to whom  is
entrusted the executive power. It is taken in this sense when the
government is  spoken of  in opposition  to other  bodies in  the

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     3.  Governments   are  also  divided  into  monarchical  and
republican;  among the monarchical states may be classed empires,
kingdoms, and  others;   in these  the sovereignty  resides in, a
single individual.  There are  some monarchical  states under the
name of  duchies, counties,  and the  like. Republican states are
those where  the sovereignty  is in  several persons.  These  are
subdivided into  aristocracies, where the power is exercised by a
few persons  of the  first rank  in the  state;  and democracies,
which are  those governments where the common people may exercise
the highest  powers.  1  Bouv.  Inst.  n.  20.  See  Aristocracy;
Democracy;  Despotism;  Monarchy;  Theocracy.

   4. It should be remembered, however, that governments, for the
most part,  have not been framed on models. Their parts and their
powers grew  out of  occasional acts,  prompted  by  some  urgent
expediency, or  some private  interest, which,  in the  course of
time, coalesced and hardened into usages. These usages became the
object of  respect and the guide of conduct long before they were
embodied in written laws. This subject is philosophically treated
by Sir  James McIntosh, in his History of England. See vol. 1, p.
71, et seq.

   GOVERNOR. The  title of the executive magistrate in each state
and territory  of the  United States.  Under  the  names  of  the
particular states, the reader will find some of the duties of the
governor of such state.

  GRACE. That which a person is not entitled to by law, but which
is extended  to him as a favor;  a pardon, for example, is an act
of grace.  There  are-certain  days  allowed  to  a  payer  of  a
promissory note  or bill  of  exchange,  beyond  the  time  which
appears on its face, which are called days of grace. (q. v.)

   GRADUS. This  is a  Latin word,  literally signifying  a step;
figuratively it is used to designate a person in the ascending or
descending line, in genealogy;  a degree.

  GRAFFER. This word is a corruption of the French word greffier,
a clerk,  or prothonotary.  It signifies  a notary  or scrivener;
vide stat. 5 Hen. VII 1. c. 1.

  GRAFT. A figurative term in chancery practice, to designate the
right of  a mortgagee  in premises, to which the mortgagor at the
time of  making the  mortgage had  an imperfect  title,  but  who
afterwards obtained  a good  title. In this case the new mortgage
is considered  a graft  into the  old stock,  and, as  arising in
consideration of  the former  title. 1  Ball & Beat. 46;  Id. 40;
Id. 57;  1 Pow. on Mortg. 190. See 9 Mass. 34. The same principle
has obtained  by legislative  enactment in Louisiana. If a person
contracting an  obligation towards  another, says the Civil Code,
art. 2371,  grants a mortgage on property of which he is not then
the owner,  this mortgage  shall be  valid, if  the debtor should
ever acquire the ownership of, the property, by whatever right.

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  GRAIN, weight. The twenty-fourth part of a pennyweight.
   2. For scientific purposes the grain only is used, and sets of
weights are  constructed  in  decimal  progression,  from  10,000
grains downward to one hundredth of a grain.

   GRAIN, corn.  It signifies  wheat, rye,  barley, or other corn
sown in  the ground  In Pennsylvania, a tenant for a certain term
is entitled to the way-going crop. 5 inn. 289, 258;  2 Binn. 487;
2 Serg. & Rawle, 14.

   GRAINAGE, Eng.  law. The  name of an ancient duty collected in
London, consisting  of one-twentieth  part of  the salt  imported
into that city.

   GRAMME. A  French weight.  The gramme is the weight of a cubic
centimetre of  distilled water, at the temperature of zero. It is
equal to  15.4441 grains  troy, or  5.6481  drachms  avoirdupois.
Vide. Measure.

   GRAND. An epithet frequently used to denote that the thing. to
which it  is joined is of more importance and dignity, than other
things of  the same  name;   as, grand  assize, a  writ in a real
action to determine the right of property in land;  grand cape, a
writ used  in England,  on a  plea of land, when the tenant makes
default in  appearance at  the day given for the king to take the
land into  his hands;  grand days, among the English lawyers, are
those days  in term  which are solemnly kept in the inns of court
and chancery,  namely, Candlemas  day, in Hilary term;  Ascension
day, in  Easter term;   and  All Saint's day, in Michaelmas term;
which days are dies non juridici. Grand distress is the name of a
writ so  called because  of its extent, namely, to all. the goods
and chattels  of the  party distrained  within the  county;  this
writ is  believed to  be peculiar to England. Grand Jury. (q. v.)
Grand serjeantry, the name of an ancient English military tenure.

   GRAND BILL  OF SALE,  Eng. law. The name of an instrument used
for the transfer of a ship, while she is at sea;  it differs from
a common  bill of  sale. (q. v.) See 7 Mart. Lo. R. 318;  1 Harr.
Cond. Lo. R. 567.

   GRAND COUTUMIER.  Two collections of laws bore this title. The
one, also  called the Coutumier of France, is a collection of the
customs, usages,  and forms of practice, which had been used from
time immemorial  in France:   the  other, called the Coutumier de
Normandie, which  indeed made  a part  of the  former, with  some
alterations, was  composed about  the fourteenth of Henry II., in
1229, and is a collection of the Norman laws not as they stood at
the Conquest  of England, by William the Conqueror, but some time
afterwards, and  contains many provisions, probably borrowed from
the old:English or Saxon laws. Hale's Hist. C. L. c. 6.

   GRAND JURY,  practice. A  body of  men, consisting of not less
than twelve  nor more  than twenty-four, respectively returned by
the sheriff  of every  county to every session of the peace, oyer
and terminer  and general  gaol delivery, to whom indictments are
preferred. 4 Bl. Com. 302;  1 Chit. C. L. 310, 1.

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   2. There  is just  reason to  believe  that  this  institution
existed among  the Saxons, Crabb's C. L. 35. By the constitutions
of Clarendon,  enacted 10 H. II. A. D. 1164, it is provided, that
"if such men were suspected, whom none wished or dared to accuse,
the sheriff,  being thereto  required by the bishop, should swear
twelve men of the neighborhood, or village, to declare the truth"
respecting such  supposed crime;   the  jurors being  summoned as
witnesses or  accusers, rather  than judges.  If this institution
did not  exist before,  it seems  to be  pretty certain that this
statute established  grand juries,  or recognized  them, if  they
existed before.

   3. A  view of  the important  duties of  grand juries  will be
taken, by  considering, 1. The organization of the grand jury. 2.
The extent of its jurisdiction. 3. The mode of doing business. 4.
The evidence  to be received. 5. Their duty to make presentments.
6. The secrecy to be observed by the grand jury.

  4. - 1. Of the organization of the grand jury. The law requires
that twenty-four  citizens shall  be summoned  to attend  on  the
grand jury;   but  in practice,  not more  than twenty-three  are
sworn, because  of the  inconvenience which  else might arise, of
having twelve, who are sufficient to find a true bill, opposed to
twelve others  who might be against it. 6 Adolph. & Ell. 236;  S.
C. 33  e. C.  L. R.  66;  2 Caines, R. 98. Upon being called, all
who present  themselves are  sworn, as  it scarcely  ever happens
that all  who are  summoned are  in attendance.  The  grand  jury
cannot consist  of less  than twelve,  and from fifteen to twenty
are usually  sworn. 2  Hale, P. C. 161;  7 Sm. & Marsh. 58. Being
called into  the jurybox,  they are usually permitted to select a
foreman whom  the court  appoints, but the court may exercise the
right to  nominate one  for them.  The  foreman  then  takes  the
following oath  or affirmation,  namely:  "You A B, as foreman of
this inquest  for the  body of the ______ of _________, do swear,
(or  affirm)   that  you   will  diligently   inquire,  and  true
presentments make,  of all  such articles,  matters and things as
shall be given you in charge, or otherwise come to your knowledge
touching the  present service;   the commonwealth's counsel, your
fellows and  yhour own, you shall keep secret;  you shall present
no one  for envy,  hatred or malice;  nor shall you leave any one
unpresented for  fear, favor,  affection, hope of reward or gain;
but shall  present  all  things  truly,  as  they  come  to  your
knowledge, according  to the best of your understanding, (so help
you God.")  It will  be perceived  that this  oath  contains  the
substance of  the duties  of the  grand jury.  The foreman having
been sworn  or affirmed,  the other  grand jurors  are  sworn  or
affirmed according  to this  formula:   "You 'and  each of you do
swear (or  affirm) that the same oath (or affirmation) which your
foreman has  taken on  his part,  you and  every one of you shall
well and truly observe on your part." Being so sworn or affirmed,
and having  received the  charge of the court, the grand jury are
organized, and  may proceed  to the  room provided  for  them  to
transact the  business which  may be  laid before  them. 2  Burr.
1088;   Bac. Ab.  Juries, A.  The grand jury constitute a regular
body until  discharged by  the court,  or by operation of law, as
where they cannot continue by virtue of an act of assembly beyond

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a certain day. But although they have been formally discharged by
the court,  if they  have not separated, they may be called back,
and fresh bills submitted to them;  9 C. & P. 43;  S. C. 38 E. C.
L. R. 2 8.

   5. -  2. The  extent of  the grand  jury's jurisdiction. Their
jurisdiction is coextensive with that of the court for which they
inquire;   both  as  to  the  offences  triable  there,  and  the
territory over which such court has jurisdiction.

   6. -  3. The  mode of  doing business.  The  foreman  acts  as
president, and  the jury  usually appoint  one of their number to
perform the duties of secretary. No records are to be kept of the
acts of  the grand  jury, except  for their  own use, because, as
will be seen hereafter, their proceedings are to be secret. Being
thus prepared  to enter  upon their  duties, the  grand jury  are
supplied with  bills of  indictment by  the  attorney-general  or
other officer,  representing the  state or  commonwealth  against
offenders. On these bills are endorsed the names of the witnesses
by whose  testimony they  are supported.  The  witnesses  are  in
attendance in  another room,  and must  be  called  when  wanted.
Before they  are examined  as to  their knowledge  of the matters
mentioned in  the indictment,  care must  be taken that they have
been sworn  or affirmed.  For the  sake of  convenience, they are
generally sworn or affirmed in open court before they are sent to
be examined, and when so qualified, a mark to that effect is made
opposite their names.

   7. In  order to save time, the best practice is to find a true
bill, as  soon as the jury are satisfied that the defendant ought
to be  put upon  his trial.  It is a waste of time to examine any
other witness  after they have arrived at that conclusion. Twelve
at least must agree, in order to find a true bill;  but it is not
required that  they  should  be  unanimous.  Unless  that  number
consent, the  bill must be ignored. When a defendant is to be put
upon his  trial, the  foreman must  write  on  the  back  of  the
indictment "a  true bill," sign his name as foreman, and date the
time of  finding. On the. contrary, where there is not sufficient
evidence to  authorize the  finding of  the bill, the jury return
that they  are ignorant  whether the person accused committed the
offence charged  in the  bill, which  is expressed by the foreman
endorsing on  the bill  "ignoramus," signing  his name as before,
and dating the time.

   8. - 4. Of the evidence to be received. In order to, ascertain
the facts which the jury have not themselves witnessed, they must
depend upon  the statement  of those  who know them, and who will
testify to them. When the witness, from his position and ability,
has been  in a  condition  to  know  the  facts  about  which  he
testifies, he is deserving of implicit confidence;  if, with such
knowledge, he  has no  motive for  telling a false or exaggerated
story, has  intelligence enough to tell what he knows, and give a
probable account  of the transaction. If, on the other hand, from
his position  he could not know the facts, or if knowing them, he
distorts them, he is undeserving of credit. The jury are the able
judges of  the credit  and  confidence  to  which  a  witness  is

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  9. Should any member of the jury be acquainted with any fact on
which the grand jury are to act, he must, before he testifies, be
sworn or  affirmed, as  any other  witness, for  the law requires
this sanction in all cases.

   10. As  the jury  are not  competent to  try the  accused, but
merely to  investigate the case so far as to ascertain whether he
ought to  be put  on his  trial, they cannot hear evidence in his
favor;   theirs is  a mere  preliminary inquiry;   it  is when he
comes to  be tried  in  court  that  he  may  defend  himself  by
examining witnesses  in his  favor, and  showing the facts of the

   11. -  5. Of  presentments. The jury are required to make true
presentments of  all such  matters which  may be given to them in
charge, or  which have  otherwise  come  to  their  knowledge.  A
presentment, properly  speaking, is the notice taken by the grand
jury of any offence from their own knowledge, as of a nuisance, a
libel, or  the like.  In these  cases, the authors of the offence
should be named, so that they may be indicted,

   12. -  6. Of the secrecy to be observed by the grand jury. The
oath which  they have  taken obliges  them  to  keep  secret  the
commonwealth's counsel,  their fellows  and their  own.  Although
contrary to  the general spirit of our institutions, which do not
shun daylight, this secrecy is required by law for wise purposes.
It extends  to the  votes given  in any  case,  to  the  evidence
delivered by  witnesses, and  the communications of the jurors to
each other;   the  disclosure of  these facts,  unless under  the
sanction of law, would render the imprudent juror who should make
them public,  liable to  punishment.  Giving  intelligence  to  a
defendant that  a bill  has been found against him, to enable him
to escape,  is so  obviously wrong,  that no one can for a moment
doubt its being criminal. The grand juror who should be guilty of
this offence might, upon conviction, be fined and imprisoned. The
duration of the secrecy appears not to be definitely settled, but
it seems  this injunction  is to remain as long as the particular
circumstances of each case require. In a case, for example, where
a witness  swears to a fact in open court, on the trial, directly
in opposition  to what  he swore before the grand jury, there can
be no  doubt the  injunction of  secrecy, as  far as regards this
evidence, would  be at an end, and the grand juror might be sworn
to testify  what this  witness swore to in the grand jury's room,
in order  that the  witness might  be prosecuted  for perjury.  2
Russ. Cr.. 616;  4 Greenl. Rep. 439;  but see contra, 2 Halst. R.
347;   1 Car. & K. 519. Vide, generally, 1 Chit. Cr. Law, 162;  1
Russ. Cr.  291;  2 Russ. Cr. 616 2 Stark. Ev. 232, n. 1;  1 Hawk.
65, 500  2 Hawk.  ch. 25;   .3 Story, Const. §1778 2 Swift's Dig.
370;  4 Bl. Com. 402;  Archb. Cr. Pl. 63;  7 Sm. Laws Penna. 685.

   GRANDCHILDREN,  domestic  relations.  The  children  of  one's
children. Sometimes  these may  claim bequests given in a will to
children, though  in general  they can  make no such claim. 6 Co.

   GRANDFATHER, domestic relations. The father of one's father or
mother. The  father's father  is called the paternal grandfather;
the mother's father is the maternal grandfather.

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   GRANDMOTHER, domestic relations. The mother of one's father or
mother. The  father's mother  is called the paternal grandmother;
the mother's mother is the maternal grandmother.

   GRANT, conveyancing,  concessio. Technically  speaking, grants
are applicable to the conveyance of incorporeal rights, though in
the largest  sense,  the  term  comprehends  everything  that  is
granted or  passed from  one to  another, and is applied to every
species of  property. Grant  is one  of  the  usual  words  in  a
feoffment, and  differs but  little except in the subject-matter;
for the  operative words  used in  grants are  dedi et  concessi,
"have given and granted."

   2. Incorporeal  rights are  said to  lie in  grant and  not in
livery, for  existing only in idea, in contemplation of law, they
cannot be  transferred by  livery of  possession;   of course  at
common law, a conveyance in writing was necessary, hence they are
said to be in grant, and to pass by the delivery of the deed.

   3. To  render the grant effectual, the common law required the
consent of the tenant of the land out of which the rent, or other
incorporeal interest  proceeded;  and this was called attornment.
(q. v.)  It arose from the intimate alliance between the lord and
vassal existing  under the  feudal tenures., The tenant could not
alien the feud without the consent of the lord, nor the lord part
with his  seigniory  without  the  consent  of  the  tenant.  The
necessity of  attornment has been abolished in the United States.
4 Kent,  Com. 479.  He who makes the grant is called the grantor,
and he  to whom it is made the grantee. Vide Com. Dig. h. t.;  14
Vin. Ab.  27;   Bac. Ab. h. t. 4 Kent, Com. 477;  2 Bl. Com. 317,
440;  Perk. ch. 1;  Touchs. c. 12;  8 Cowen's R. 36.

   4. 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., 12  Pet. R. 410. See,
generally, 9 A. & E. 532;  5 Mass. 472;  9 Pick. 80.

   GRANT, BARGAIN,  AND SELL.  - By  the laws  of the  states  of
Pennsylvania, Delaware,  Missouri, and  Alabama, it  is  declared
that the  words grant,  bargain, and  sell)  shall  amount  to  a
covenant that  the grantor  was seised of an estate in fee, freed
from  encumbrances  done  or  suffered  by  him,  and  for  quiet
enjoyment as against all his acts. These words do not amount to a
general warranty,  but merely  to a covenant that the grantor has
not done  any acts  nor created  any, encumbrance,  by which  the
estate may be defeated. 2 Binn. R. 95 3 Penna. R. 313;  3 Penna.,
R. 317, note;  1 Rawle, 377;  1 Misso. 576. Vide 2 Caines R. 188;
1 Murph.  R. 343;  Id. 348;  Ark. Rev. Stat, ch. 31, s. 1;  11 S.
& R. 109.

   GRANTEE. He to whom a grant is made.

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   GRANTOR. He by whom a grant is made.

   GRASSHEARTH, old  Engl. law.  The name of an ancient customary
service of tenants doing one day's work for their landlord.

   GRATIFICATION. A  reward given voluntarily for some service or
benefit rendered,  without  being  requested  so  to  do,  either
expressly or by implication.

  GRATIS. Without reward or consideration.

  2. When a bailee undertakes to perform some act or work gratis,
he is  answerable for his gross negligence, if any loss should be
sustained in consequence of it;  but a distinction exists between
non-feasance and  misfeasance;  between a total omission to do an
act which  one  gratuitously  promises  to  do,  and  a  culpable
negligence in  the execution  of it;   in  the latter  case he is
responsible, while  in the  former he  would not,  in general, be
bound to  perform his contract. 4 Johns. R. 84;  5 T. 143;  2 Ld.
Raym. 913.

   GRATIS DICTUM. Assaying not required;  a statement voluntarily
made without necessity.

   GRATUITOUS CONTRACT, civ. law. One, the object of which is for
the benefit  of the  person with  whom it  is made,  without  any
profit, received  or promised,  as a consideration for it as, for
example, a gift. 1 Bouv. Inst. n. 709.

   GRAVAMEN. The grievance complained of;  the substantial cause,
of the action. See Greenl. Ev. §66.
 GRAVE. A place where a dead body is interred.

   2. The  violation of the grave, by taking up the dead body, or
stealing the  coffin or grave clothes, is a misdemeanor at common
law. 1  Russ. on.  Cr. 414. A singular case, illustrative of this
subject, occurred  in Louisiana.  A son,  who inherited  a  large
estate from  his mother,  buried her  with all  her jewels, worth
$2000;   he then made a sale of all he inherited from his mother,
for $30,000.  After this,  a thief  broke the grave and stole the
jewels, which,  after his conviction, were left with the clerk of
the court,  to be  delivered to  the owner. The son claimed them,
and so  did the  purchaser of  the inheritance;  it was held that
the jewels, although buried with the mother, belonged to the son,
and, that  they passed  to the  purchaser by  a sale of the whole
inheritance. 6 Robins. L. R. 488. See Dead Body.

   3. In  New York,  by statutory enactment, it is provided, that
every person who shall open a grave, or other place of interment,
with intent,  1. To  remove the dead body of any human being, for
the  purpose   of  selling  the  same,  or  for  the  purpose  of
dissection;   or, 2. To steal the coffin, or any part thereof, or
the vestments  or other  articles interred  with any  dead  body,
shall, upon  conviction, be  punished by imprisonment, in a state
prison, not  exceeding two  years,  or  in  a  county  gaol,  not
exceeding six  months, or  by fine not, exceeding two hundred and
fifty dollars,  or by both such fine and imprisonment. Rev. Stat.
part 4, tit. 5, art. 3, §15.

          Bouvier's Law Dictionary : G1 : Page 25 of 32

   GREAT CATTLE. By this, term, in the English law, is, meant all
manner of beasts except sheep and yearlings. 2 Rolle's Rep. 173.

   GREAT CHARTER.  The name of the charter granted by the English
King  John,  securing  to  the  English  people  their  principal
liberties;  magna charta. (q. v.)

    GREAT  LAW.  The  name  of  an  act  of  the  legislature  of
Pennsylvania, passed at Chester, immediately after the arrival of
William Penn,  December 7th,  1682. Serg.  Land Laws of Penn. 24,

  GREE, obsolete. It signified satisfaction;  as, to make gree to
the parties,  is, to  agree with, or satisfy them for, an offence

  GREEN WAX, Eng. law. The name of the estreats of fines, issues,
and amerce ments in the exchequer, delivered to the sheriff under
the seal of that court, which is made with green wax.

   GROS BOIS,  or GROSSE BOIS. Such wood as, by the common law or
custom, is  reputed timber. 2 hist. 642.

   GROSS. Absolute;   entire,  not  depending  on  another.  Vide

   GROSS ADVENTURE. By this term the French lay writers signify a
maritime loan,  or bottomry.  (q, v.) It is so called because the
lender exposes  his  money  to  the  perils  of  the  sea;    and
contributes to  the gross or general average. Poth. h. t.;  Pard.
Dr. Com . h. t.

   GROSS AVERAGE,  mar. law.  That kind of average which falls on
the  ship,   cargo,  and  freight,  and.  is  distinguished  from
particular average. See Average.

   GROSS NEGLIGENCE.  Lata culpa,  or, as  the Roman lawyers most
accurately call  it) dolo proxima, is, in practice, considered as
equivalent to  dolus or  fraud itself, and consists, according to
the best  interpreters, in  the omission  of that care which even
inattentive and  thoughtless men  never fail to take of their own
property. Jones  on Bailments,  20. It  must not  be  confounded,
however, with  fraud, for  it may  exist consistently  with  good
faith  and   honesty  of   intention,  according  to  common  law

   GROSS WEIGHT.  The total  weight of goods or merchandise, with
the chests,  bags, and  the like,  from which. are to be deducted
tare and tret.

   GROUND RENT,  estates. In  Pennsylvania, this  term is used to
signify a  perpetual rent  issuing out  of some real estate. This
rent is  redeemable where  there is  a covenant in the deed that,
before the  expiration of  a period  therein  named,  it  may  be
redeemed by  the payment  of a  certain sum  of money;   or it is
irredeemable, when  there is  no such  agreement;   and,  in  the
latter case,  it cannot  be redeemed  without the consent of both
parties. See 1 Whart. R. 837;  4 Watts, R. 98;  Cro. Jac. 510;  6
Halst. 262;   7  Wend. 463;   7 Pet. 596;  2 Bouv. Inst. n. 1659,
and note, and Emphyteosis.

          Bouvier's Law Dictionary : G1 : Page 26 of 32

  GROUNDAGE, mar. law. The consideration paid for standing a ship
in a port. Jacobs, Dict. h. t., Vide Demurrage.

  GUARANTEE, contracts. He lo whom a guaranty is made.

   2. The  guarantee is entitled to receive payment, in the first
place, from  the debtor,  and, secondly,  from the  guarantor. He
must be  careful not  to give  time beyond that stipulated in the
original agreement,  to the  debtor, without  the consent  of the
guarantor;    the  guarantee  should,  at  the  instance  of  the
guarantor, bring an action against the principal for the recovery
of the  debt. 2  Johns. Oh. R. 554;  17 Johns. R. 384;  8 Serg. &
Rawle, 116;   10  Serg. &  Rawle, 33;   2 Bro. C. C. 579, 582;  2
Ves. jr.  542. But  the mere omission of the guarantee to sue the
principal debtor will not, in general, discharge the guarantor. 8
Serg. & Rawle, 112;  3 Yeates, R. 157;  6 Binn. R. 292, 300.

  GUARANTOR, contracts. He who makes a guaranty.

   2. The  guarantor is  bound to  fulfil the  engagement he  has
entered into, provided the principal debtor does not. He is bound
only to  the extent  that the  debtor is, and any payment made by
the latter,  or release of him by the creditor, will operate as a
release of  the guarantor;   3  Penna. R.  19;   or even  if  the
guarantee should give time to the debtor beyond that contained in
the agreement, or substitute a new agreement, or do any other act
by which the guarantor's situation would be worse, the obligation
of the latter would be discharged. Smith on Mer. Law, 285.

   3. A  guarantor differs from a surety in this, that the former
cannot be sued until a failure on the part of the principal, when
sued;   while the  latter may  be sued  at the same time with the
principal. 10 Watts, 258.

   GUARANTY, contracts. A promise made upon a good consideration,
to answer  for the  payment of  some debt,  or the performance of
some duty,  in case  of the failure of another person, who is, in
the first  instance, liable  to such  payment or  performance.  1
Miles' Rep. 277.

  2. The English statute of frauds, 29 Car. II. c. 3, which, with
modification, has  been adopted  in most of the states;  3 Kent's
Com. 86  requires, that  "upon any  special promise to answer for
the  debt,   default,  or  miscarriage  of  another  person,  the
agreement, Or  some memorandum,  or  note  thereof,  must  be  in
writing, and signed by the party to be charged therewith, or some
other thereunto  by him  lawfully authorized." This clause of the
statute is  not in  force in Pennsylvania. To render this statute
valid, under  the statute,  its form must be in writing;  it must
be made  upon a  sufficient consideration;   and  it must  be  to
fulfil the engagement of another.

          Bouvier's Law Dictionary : G1 : Page 27 of 32

   3. -  1. The  agreement must  be in writing, and signed by the
party to  be bound,  or some  one authorized  by him.  It  should
substantially contain  the names  of the  party promising, and of
the person  on whose  behalf the  promise is  made;   the promise
itself, and the consideration for it.

   4. -  2. The  word  agreement  in  the  statute  includes  the
consideration for  the promise,  as well  as the  promise itself;
if, therefore,  the  guaranty  be  for  a  subsisting,  debt,  or
engagement of  another person,  not only  the engagement, but the
consideration for  it, must appear in the writing. 5 East, R. 10.
This has  been the  construction which has been given in Eugland,
and which  has been  followed in  New York  and  South  Carolina,
though it  has been  rejected in several other states. 3 John. R.
210;   8 John.  R. 29;  2 Nott & McCord, 372, note;  4 Greenl. R.
180, 387;   6  Conn..R. 81;   17 Mass. R. 122. The decisions have
all turned  upon the  force of  the word agreement;  and where by
statute the  word promise  has been  introduced, by requiring the
promise or  agreement to  be in  writing,  as  in  Virginia,  the
construction has not been so strict. 5 Cranch's R. 151, 2.

   5. - 3. The guaranty must be to answer for the debt or default
of another.  The term  debt implies,  that the  liability of  the
principal debtor had been previously incurred;  but a default may
arise upon  an executory contract, and a promise to pay for goods
to be furnished to another, is a collateral promise to pay on the
other's default,  provided the  credit was  given, in  the  first
instance, solely  to the other. It is a general rule, that when a
promise is made by a third person, previous to the sale of goods,
or other  credit given,  or other  liability incurred,  it conies
within the  statute, when  it is  conditional upon the default of
another, who  is solely  liable in  the first instance, otherwise
not;   the only  inquiry to  ascertain this,  is, to  whom was it
agreed, that  the vendor  or creditor  should look  in. the first
instance ? Many nice distinctions have been made on this subject.
1st. When  a party actually purchases goods himself, which are to
be delivered to a third person, for, his sole use, and the latter
was not  to be  responsible, this  is not  a  case  of  guaranty,
because the  person to  whom the  goods were furnished, never was
liable. 8  T. R. 80. 2d. Where a person buys goods, or incurs any
other liability,  jointly with  another, but  for the use of that
other, and  this fact is known to the creditor, the guaranty must
be in  writing. 8  John. R.  89. 3d.  A person  may make  himself
liable, in  the third  place, by  adding his  credit to  that  of
another, but  conditionally only, in case of the other's default.
This species  of promise  comes immediately within the meaning of
the statute,  and in  the cases  is sometimes termed a collateral

     6.  Guaranties  are  either  special  or  for  a  particular
transaction, or  they are  continuing guaranties;   that is, they
are to  be valid  for other transactions, though not particularly
mentioned. 2  How. U. S. 426;  1 Metc. 24;  7 Pet. 113;  12 East,
227;   6 M.  & W. 612;  6 Sc. N. S. 549;  2 Campb. 413;  3 Campb.
220,;  3 M. & P. 573;  S, C. 6 Bing. 244 2 M. & Sc. 768;  S. C. 9
Bing. 618 3 B. & Ald. 593;  1 C. & M. 48;  S. C. 1 Tyr. 164.

          Bouvier's Law Dictionary : G1 : Page 28 of 32

   Vide, generally,  Fell on  Mercantile Guaranties;  Bouv. Inst.
Index, h. t.;  3 Kent's Com. 86;  Theob. P. & S. c. 2 & 3;  Smith
on Mer.  Law, c.  10;   3 Saund.  414, n., 5;  Wheat. Dig. 182 14
Wend. 231.  The following  authorities refer  to cases of special
guaranties of  notes. 6 Conn. 81;  20 John. 367;  1 Mason 368;  8
Pick. 423;   2  Dev. &  Bat. 470;   14  Wend.  231.  Of  absolute
guaranties. 2  Har. &  J. 186;   3  Fairf. 193  1 Mason, 323;  12
Pick. 123.  Conditional guaranties.  12 Conn. 438. To promises to
guaranty. 8 Greenl. 234;  16 John. 67.

   GUARDIANS, domestic  relations. Guardians  are  divided  into,
guardians of  the person,  in the  civil law  called tutors;  and
guardians of  the estate, in the sam law are known by the name of
curators.  For   the  distinction   between  them,  vide  article
Curatorship;  2 Kent, Com. 186 1 Bouv. Inst. n. 336, et. seq.

   2. -  1. A guardian of the person is one who has been lawfully
invested with  the care  of the person of an infant, whose father
is dead.

   3. The  guardian must be properly appointed he must be capable
of serving;   he  must be  appointed guardian  of an infant;  and
after his  appointment he  must perform the duties imposed on him
by his office.

   4. -  1st. In  England, and  in some  of the  states where the
English law has been adopted in this respect, as in Pennsylvania;
Rob. Dig. 312, by Stat. 12 Car. If. c. 24;  power is given to the
father to  appoint a  testamentary  guardian  for  his  children,
whether born  or  unborn.  According  to  Chancellor  Kent,  this
statute has  been adopted  in the state of New York, and probably
throughout this  country.  2  Kent,  Com.  184.  The  statute  of
Connecticut, however,  is an  exception;  there the father cannot
appoint a testamentary guardian. 1 Swift's Dig. 48.

   5. All other kinds of guardians, to be hereafter noticed, have
been superseded  in practice  by guardians  appointed  by  courts
having jurisdiction  of such matters. Courts of chancery, orphans
courts, and  courts of a similar character having jurisdiction of
testamentary matters  in  the  several  states,  are,  generally,
speaking, invested with the power of appointing guardians.

  6. - 2d. The person appointed must be capable of performing the
duties;  an idiot, therefore, cannot be appointed guardian.

   7. - 3d. The person over whom a guardian is appointed, must be
an infant;   for after the party has attained his full age, he is
entitled to  all his  rights, if  of sound mind, and, if not, the
person appointed  to take  care of him is called a committee. (q.
v.) No  guardian of  the person  can be  appointed over an infant
whose father is alive, unless the latter be non compos mentis, in
which case one may be appointed, as if the latter were dead.

   8. - 4th. After his appointment, the guardian of the person is
considered as  standing in the place of the father, and of course
the relative  powers and  duties of guardian and ward correspond,
in a  great measure,  to those  of parent  and  child;    in  one
prominent matter  they are  different. The  father is entitled to
the services  of his  child, and  is bound  to support  him;  the
guardian is not entitled to the ward's services, and is not bound
to maintain him out of his own estate.

          Bouvier's Law Dictionary : G1 : Page 29 of 32

   9. -  2. A guardian of the estate is one who has been lawfully
invested with the power of taking care and managing the estate of
an infant.  1 John.  R. 561;  7 John. Ch. R. 150. His appointment
is made in the same manner, as that of a guardian of a person. It
is the  duty of  the guardian to take reasonable and prudent care
of the estate of the ward, and manage it in the most advantageous
manner;   and when the guardianship shall expire, to account with
the ward for the administration of the estate.

   10. Guardians have also been divided into guardians by nature;
guardian's by  nurture;    guardians  in  socage;    testamentary
guardians;  statutory guardians;  and guardians ad litem.

   11. - 1. Guardian by nature, is the father, and, on his death,
the mother;  this guardianship extends only to the custody of the
person;   3 Bro.  C. C.  186;  1 John. Ch. R. 3;  3 Pick. R. 213;
and continues  till the child shall acquire the age of twenty one
years. Co. Litt. 84 a.

   12. -  2. Guardian  by nurture,  occurs only when the ifant is
without any  other guardian, and the right belongs exclusively to
the parents,  first to  the father,  and then  to the  mother. It
extends only to the person, and determines, in males and females,
at the  age of  fourteen. This species of guardianship has become

   13. -  3. Guardian  in socage, has the custody of the infant's
lands  as   well  as   his  person.  The  common  law  gave  this
guardianship to  the next  of blood  to the  child  to  whom  the
inheritance  could   not  possibly   descend.  This   species  of
guardianship has  become obsolete,  and does not perhaps exist in
this country;   for  the guardian must be a relation by blood who
cannot possibly  inherit, and  such a  case can  rarely exist.  2
Wend. 153:   15  Wend. 631;  6 Paige, 390;  7 Cowen, 36;  5 John.

  14. - 4. Testamentary guardians;  these are appointed under the
stat. 12 Car. II., above mentioned;  they supersede the claims of
any other  guardian, and  extend  to  the  person,  an  real  and
personal estate  of the child, and continue till the ward arrives
at full age.

   15. -  5. Guardians  appointed by  the courts,  by  virtue  of
statutory authority.  The distinction of guardians by nature, and
by  socage,  appear  to  have  become  obsolete,  and  have  been
essentially  superseded   in  practice   by  the  appointment  of
guardians by courts of chancery, orphans' courts, probate courts,
and  such  other  courts  as  have  jurisdiction  to,  make  such
appointments. Testamentary  guardians might,  as  those  of  this
class, be  considered as  statutory guardians,  inasmuch as their
appointment is authorized by a statute.

          Bouvier's Law Dictionary : G1 : Page 30 of 32

  16. - 6. Guardian ad litem, is pointed for the infant to defend
him in an action brought against him. Every court, when an infant
is sued  in a  civil action,  has power  to appoint a guardian ad
litem when  he has  no guardian, for as the infant cannot appoint
an  attorney,   he  would   be  without   assistance  if  such  a
guardian-were not  appointed. The powers and duties of a guardian
ad litem  are confined  to the  defence of the suit. F. N. B. 27;
Co. Litt. 88 b, note 16;  Id. 135 b, note 1;  see generally Bouv.
Inst. Index, h. t.;  Coop. Inst. 445 to 455.

   GUARDIANS OF THE POOR. The name given to officers whose duties
are very  similar to those of overseers of the poor, (q. v.) that
is, generally  to relieve the distresses of such poor persons who
are unable to take care of themselves.

   GUARDIANSHIP, persons. The power or protective authority given
by law,  and imposed  on an  individual who  is free  and in  the
enjoyment of  his rights,  over one  whose weakness on account of
his age, renders him unable to protect himself. Vide Tutor.

   GUBERNATOR, civil  law. A pilot or steersman of a ship. 2 Pet.
Adm. Dec. Appx. lxxxiii.

   GUEST. A  traveller who  stays at  an inn  or tavern-with  the
consent of  the keeper:   Bac.  Ab. Inns, C 5;  8 Co. 32. And if,
after having taken lodgings at an inn, he leaves his horse there,
and goes  elsewhere to  lodge, he  is still  to be  considered  a
guest. But  not if  he merely leaves goods for which the landlord
receives no  compensation. 1  Salk. 888;  2 Lord Raym. 866;  Cro.
Jac. 188.  The length  of time  a man  is  at  an  inn  makes  no
difference, whether  he stays  a day,  or a  week, or a month, or
longer, so  always,  that,  though  not  strictly  transiens,  he
retains his  character as a traveller. But if a person comes upon
a special  contract to  board and sojourn at an inn, he is not in
the sense of the law a guest, but a boarder. Bac. Ab. Inns, C. 5;
Story, Bailm. §477.

   2. Inkeepers  are generally  liable for all goods belonging to
the guest,  brought within  the inn. It is not necessary that the
goods should have been in the special keeping of the innkeeper to
male him  liable. This  rule is  founded on  principles of public
utility, to  which all  private considerations  ought to yield. 2
Kent, Com.  459;   1 Hayw. N. C. Rep. 40;  14 John. R. 175;  Dig.
4, 9, 1. Vide 8 Barb. & Ald. 283;  4 Maule & Selw. 306;  1 Holt's
N. P.  209;   1 Salk.  387;  S. C. Carth. 417;  1 Bell's Com. 469
Dane's Ab.  Index, h.  t.;   Yelv. 67, a;  Smith's Leading Cases,
47;  8 Co. 32.

  GUIDON DE LA MER, (LE). The name of a treatise on maritime law,
written in  Rouen, then Normandy, in 1671, as is supposed. it was
received on  the continent of Europe almost as equal in authority
to one  of the  ancient codes of maritime law. The author of this
work is  unknown. This  tract or  treatise is  contained  in  the
Collection de  Lois Maritimes,"  by J.  M. Pardessus.  vol. 2, p.
371, et seq.

         Bouvier's Law Dictionary : G1 : Page 31 of 32

   GUILD. A  fraternity or  company. Guild  hall,  the  place  of
meeting of guilds. Beame's, Glanville, 108 (n).

   GUILT, crim.  law. That  quality which  renders  criminal  and
liable to  punishment;   or it is that disposition to violate the
law, which  has manifested  itself by  some act already done. The
opposite of innocence. Vide Rutherf. Inst. B. 1, c. 18, s. 10.

   2. In  general everyone  is presumed  innocent until guilt has
been proved;    but  in  some  cases  the  presumption  of  guilt
overthrows that  of innocence;   as,  for example,  where a party
destroys evidence  to which  the opposite  party is entitled. The
spoliation of papers, material to show the neutral character of a
vessel, furnishes  strong presumption  against the  neutrality of
the ship. 2 Wheat. 227. Vide Spoliation.

   GUILTY. The state or condition of a person who has committed a
crime, misdemeanor or offence.

  2. This word implies a malicious intent, and must be applied to
something universally allowed to be a crime. Cowp. 275.

   3. In  pleading, it  is a  plea by  which a  defendant who  is
charged with  a crime,  misdemeanor or  tort, admits or confesses
it. In  criminal proceedings,  when the accused is arraigned, the
clerk asks  him,:   How say  you, A  B, are  you  guilty  or  not
guilty?" His  answer, which  is given  ore tenus,  is called  his
plea;  and when he admits the charge in the indictment he answers
or pleads guilty.

         Bouvier's Law Dictionary : G1 : Page 32 of 32

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