


                                     G.

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 Fruit. 

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 death. 

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. 
     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 permitting 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 provisions. 

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 
mujer 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, Sec. 1. 

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 require a 
speedy trial. 

GAOLER. The keeper of a gaol or prison, one who has the legal custody of the 
place 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 oppression. 

GARDEN. A piece of ground appropriated to raising plants and flowers. 
     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. Obsolete. 

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. 

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 measure. 

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

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 parliament. 

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, Sec. 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 blood. 

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 family, 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, Sec. 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. 
     3. Any matter going to show that a deed or contract, or other 
instrument is void, may be given in evidence 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, Sec. 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 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 thereof. 
     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 monthly 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 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. 

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, Sec. 19. See Imparlance. 

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, 6. 
     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, Sec. 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. Sec. 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. 

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: 
     Sec. 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 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 office. 
     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 removed 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 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 licenses. 
     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. 
Sec. 57; 2 Bl. Com. 441. But real estate must be transferred by deed. 
     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 Marriage. 

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. 

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, Sec. 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 damages. 
     2. It frequently happens 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, n. 

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 Surety. 

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 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 conscience. 

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

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. 
     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 jury box, 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 
your 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 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 entitled. 
     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 case. 
    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. Sec. 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. 16. 

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. 

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.

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. Sec. 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, Sec. 15. 

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, 230. 

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

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 Common.

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 authorities. 

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. 

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 fulfill 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 fulfill the engagement of 
another. 
     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 England, 
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 promise. 
     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. 
     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. 
     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 infant 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 obsolete. 
    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. 66. 
    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. 
    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 transient, 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. Sec. 477. 
     2. Innkeepers 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. 

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.
