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latter, uterine brothers have the right, but they are bound to consult the paternal or maternal grandfather. Swed. Code, tit. of Marriage, c. 1.
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 girure, to draw, in the same manner that the English verb to murder, is transformed into murdrare in our old indictments. Hall, Mar. Loans, 183, n.
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 ch. 4, § 12. But it is observable that the substance or gist of the action is not always the principal cause of the plaintiff's complaint in point of fact, nor that on which he recovers all or the greatest part of his damages. 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 matters 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. PI. 85. See Damages, special, in pleading; 1 Vin. Ab. 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. 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; lb. 587; Kirby, R. 397; Jl 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; Rose. Civ. Ev. 171; 8 Watts, R. 448; and the article Forbearance.
GLADIUS.' In our old Latin authors and in the Norman laws, this word was used to signify supreme jurisdiction,,/!/* gladti.
GLEANING. The act of gathering such grain in a field where it grew, which may have been left by the reapers after the sheaves were gathered. 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. Repert. mot, Glanage. As to whether gleaning would or would not amount to larceny, Vide Woodf. Landl. & Ten. 242; 2 Russ. on Cr. 99.
GLEBE, Eccles. law, is 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 gleba addicti. Code, 11, 47, 7 et 21 ; Nov. 54, c. 1.
GO. This word is used sometimes technically. 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 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 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, eccles. law. An ecclesiastical or church fine imposed upon an offender for crimes and offences committed against God.
GOING WITNESS, is 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 mostly in making money, or coin. It is divided into pure gold, that is, when the metal is unmixed with any other;
and standard gold, which is a gold less pure, and mixed with some other metal, called alloy. Vide Money.
GOOD BEHAVIOUR. Conduct authorised 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.
GOOD AND LAWFUL MEN, probi et legates 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 compotes 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.
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. 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 or benefit which is acquired by an establishment, beyond the mere value of the capital, stocks, funds, or property employed therein, in consequenceof the general public patronage and encouragement, which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances or necessities, or even from ancient partialities, or prejudices. Story, Partn. § 99; see 17 Ves. 336; 1 Hoffin. R. 68; 16 Am. Jun 87. As between partners it has been held that the good-will of a partnership trade survives. 5 Ves. 539; but this appears to be doubtful, 15 Ves. 227; and a distinction, in this respect, has been suggested between the 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. 45:2; 1 Jac. & Walk. 589; 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. 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 choscs 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. 69, 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.
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 I are abandoried or left at large.
GOUT, med.jur., contracts, is an inflammation of the fibrous and ligamentous parts of the joints. In cases of insurance on lives, when there is a 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, is the manner in which sovereignty is exercised in each state. 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 intrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.
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 steats 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. See Aristocracy; Democracy; Despotism; Monarchy; Theocracy.
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. Is that which a person is not entitled to by law, but which is extended to him as a favour; a pardon, for example, is an act of grace. There are certain days allowed to the 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.)
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. 8, c. 1.
GRAFT. A figurative term which had obtained 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; lb. 40; lb. 57; 1 Pow. on Mortg. 190. 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, is the twentyfourth part of a penny-weight.
GRAIN, cm, 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 Binn. 289, 258; 2 Binn. 487 ; 2 Serg. & Rawle, 14.
GRAINAGE, Engl. 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 of 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 avordupois. Vide Measure.
GRAND. An epithet frequently used to designate 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 Allsaint'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 serjeuntry, the name of an ancient English military tenure.
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, 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. The grand jury is a body of men, consisting of not less than twelve nor more than twenty-three, taken at stated periods, from the mass of citizens residing in the proper county, in the manner prescribed by law. There is just reason to believe that this institution existed among the Saxons. Crabb's C. L. 35. 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.
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 twentythree are sworn, because of the inconvenience which else might arise, of having twelve, who are sufficient to find a true bill, opposed to other twelve who might be against it. 6 Adolp. & Ell. 236; S. C. 33 E. C. L. R. M. 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. Being called in the jurybox, they are usually permitted to select a foreman whom the court appoint, 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, favour, 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 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. 28.
2. The extent of the grand jury's jurisdiction. Their jurisdiction is co-extensive with that of the court for which they inquire, both as to the offences triable there, and the