signfies "rent," or a "customary performance of By 34 & 35 Hen. VIII. c. 26, all gavelkind husbandry works," and therefore the land which lands in Wales were made descendible to the yielded this kind of service, in contradistinction heir, according to the common law; by which it to knight-service land, was called "GAVELKIND," would appear that the tenure likewise obtained that is, "land of the kind that yields rent." in that principality. Lambarde (Perambulations of Kent, ed. 1656, p. 585) first advanced and promulgated this supposition, and in opposition to the opinion of Lord Coke, which, until then, was the generally re-scendible according to the course of the common ceived one. Gavelkind land descends in the right line to all the sons equally as co-partners, being an exception to the law of primogeniture. In default of sons, it then descends to the daughters in the ordinary manner. It is to be remarked, that though females, claiming in their own right, are postponed to males, yet they may inherit together with males by representation. If, therefore, a man have three sons, and purchase lands held in gavelkind, and one of the sons die in the lifetime of his father, leaving a daughter, she will inherit the part of her father; yet she is not within the words of the custom, inter hæredes masculos partibilis; for she is no male, but the daughter of a male coming in his stead jure representationis. This custom extends also to the collateral line, for it has been resolved that where one brother dies without issue, all the other brothers shall inherit from him; and in default of brothers, their respective issue shall take jure representationis. But where the nephews succeed with an uncle, the descent is per stirpes and not in capita; and so from the nature of the thing it must be, where the sons of several brothers succeed, no uncle surviving, for though in equal degree, they stand in the place of their respective fathers. The partible quality of gavelkind extends also to estates-tail, for if a person die seised in tail of lands held in gavelkind, all his sons shall inherit together as heirs of his body. Since the 1st January, A. D. 1834, the halfblood shall inherit, the Inheritance Act, s. 9, extending to this custom; for it applies to land of every tenure.-(s. 1.) The other special customs of this tenure are: (1.) that a wife is dowable out of one-half, instead of one-third of the land; (2.) that a husband will be tenant by the courtesy, whether there be issue born or not, but only of one-half so long as he remains unmarried; (3.) that gavelkind lands are not liable to escheat for felony, the maxim being, "The father to the bough, the son to the plough," although they are for treason or want of heirs; and (4.) that an heir in gavelkind at fifteen years may make a contract and sell his estate for money: but the livery upon the feoffment (the only deed which can be adopted) must be made by the heir in person; for, being under age, he cannot, by the common law, appoint an attorney. Gavelkind, before A. D. 1066, was the general custom of the realm; the feudal law of primogeniture superseded it. It was retained in Kent, because, according to the historical legend, the Kentish men surrounded William I. with a moving wood of boughs, just after the slaughter at Hastings, and thus obtained a confirmation of their ancient rights. And even in Kent, lands belonging to various persons have been disgavelled by statute, especially the 31 Hen. VIII. c. 3, and made de law. This can be only effected by act of Parliament. Gavelkind is met with occasionally in a modified form in copyholds. Prima facie all land in Kent is taken as gavelkind, except those which are disgavelled by particular statutes, which should always be noticed in transactions relating to Kentish property. This law, then, is never pleaded, but presumed, and the courts are bound to take judicial notice of it.-1 Mod. 98. GAVELMAN, a tenant liable to tribute. Blount. GAVELMED, the duty or work of mowing grass or cutting meadow-land, required of the lord from his customary tenants.-Somn. GAVELWERK, the personal labor of customary tenants. GAZETTE (fr. gaza, treasure; or gazza, a magpie, typical of its gossiping nature; or ga zette, the name of a coin, about a farthing, for which it was sold), the official newspaper of the government, said to have been first published at Oxford, in 1665, and on the removal of the court to London, the title was changed to the London Gazette. It is published on Tuesdays and Fridays, and contains all the acts of state, and proclamations; also dissolutions of partnership, and bankruptcy and insolvency notices. It is evidence of such governmental proceedings as it contains.-5 T. R. 436. GAZETTEER, an officer appointed to publish news by authority, whom Steele calls the lowest minister of state. GEBOCCED (Ang.-Sax.), conveyed. GEBURSCRIP, neighborhood or adjoining district. GEBURUS (fr. gebure, Sax., a farmer), a country inhabitant of the same gebureship or village. GELD, a mulct, compensation, value, price. Angeld is the single value of a thing; twigeld, double value, &c. GELDABLE, taxable. GEMOT, a mote, or moot, meeting, public assembly. The various kinds were— (1.) The folc-gemot, or general assembly of the people, whether it was held in a city or town, or consisted of the whole shire. It was sometimes summoned by the ringing of the moot-bell. Its regular meetings were annual. (2.) The shire-gemot, or county-court, which met twice during the year. (3.) The burg-gemot, which met thrice in the year. (4.) The hundred-gemot, or hundred court, which met twelve times a year in the Saxon ages; but afterwards a full, perhaps an extraordinary meeting of every hundred was ordered to be held twice a year. This was the sheriff's tourn, or view of frank pledge. (5.) The Halle-gemot, or the court-baron. (6.) The Wardemotus.—Anc. Inst. Eng. GENEALOGY (fr. yɛvɛà, Gk., and λóyos), history of the succession of families; enumeration of descent in order of succession; pedigree. Encyc. Lond. GENEARCH (fr. yɛvɛà, Gk., and apxos), the head of a family. GENEATH, a hind or a farmer. GENERAL AGENT, a person who is authorized by his principal to execute all deeds, sign all contracts, or purchase all goods required in a particular trade, business, or employment. GENERAL COUNCIL, the assembly of the Parliament of the United Kingdom. tices of the Epiphany sessions may, if they see occasion, name two of their body to fix some day for holding the next General Quarter Sessions, not earlier than the 7th of March, nor later than the 22d of April.-4 & 5 Wm. IV. c. 47. The 5 & 6 Vict. c. 38, defines the jurisdiction of justices in General and Quarter Sessions; and the 7 & 8 Vict. c. 71, provides for the General Sessions of the Peace in Middlesex.-9 & 10 Vict. c. 25. 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. GENERAL TAIL, an estate-tail where one parent only is specified, whence the issue must be derived, as to A. and the heirs of his body. See TAIL. GENERAL DEMURRER, a pleading at common law, which excepts to sufficiency in general terms, without showing specifically the nature of the objection. It is resorted to usually GENERAL VERDICT, the decision of the when the objection is to matter of substance.-jury, when they find the point in issue generally. Step. Plead. 152. A general verdict is sometimes found for the GENERAL GAOL DELIVERY. See GAOL plaintiff, subject to a special case, stating the DELIVERY. GENERAL INCLOSURE ACT. The 41 Geo. III. c. 109, which consolidates a number of regulations as to the inclosure of common fields and waste lands. See INCLOSURE ACTS. GENERAL ISSUE, a plea simply traversing, modo et formâ, the allegations in the de claration. By r 21 H. T. 1853, in every case in which a defendant shall plead the general issue, intending to give the special matter in evidence, by virtue of an act of Parliament, he shall insert, in the margin of the plea, the words "by statute," together with the year or years of the reign in which the act or acts of Parliament upon which he relies for that purpose were passed, and also the chapter and section of each of such acts, and shall specify whether such acts are public or otherwise, otherwise such plea shall be taken not to have been pleaded by virtue of any act of Parliament, and such memorandum shall be inserted in the margin of the issue, and of the nisi prius record. But see 6 & 7 Vict. c. 97, s. 3; 1 Chit. Arch. Prac. by Pren. 254. In criminal proceedings, the general issue is "not guilty," which is pleaded viva voce by the prisoner at the bar. GENERAL LIEN, a right to detain a chattel, &c., until payment be made, not only for the particular article, but of any balance that may be due on general account in the same line of business. A general lien being against the ordinary rule of law, depends entirely upon contract, either express or implied, from the special usage of the particular trade, or the previous course of dealing between the parties. GENERAL QUARTER SESSIONS OF THE PEACE, the courts of, tribunals held in every county, once in every quarter of a year, which, by 11 Geo. IV. and 1 Wm. IV. c. 70, s. 85, is appointed to be in the first week after the 11th of October, the first week after the 28th of December, the first week after the 31st of March, and the first week after the 24th of June. When holden otherwise than quarterly, they are called "The General Sessions of the Peace." To prevent, however, the interference of the Spring Assizes with the April Quarter Sessions, the jus facts for the opinion of the court above. GENERAL WARRANT, a process which used to issue from the state secretary's office, to take up (without naming any persons in particular) the author, printer, and publisher of such obscene and seditious libels as were particularly specified in it. It was declared illegal and void for uncertainty by a vote of the House of Commons.-Com. Jour. 22d April, 1766. GENERALE, the usual commons in a religious house, distinguished from pietantia, which on extraordinary occasions were allowed beyond the commons. Generale dictum generaliter est interpretandum. Generalia verba sunt generaliter intelligenda. 3 Inst. 76. (A general saying is to be interpreted generally. General words are to be understood generally.) Generale nihil certum implicat. 2 Co. 33. (A general expression implies nothing certain.) Generale tantum valet in generalibus quantum singulare in singulis. 11 Co. 59. ( (What is general prevails as much amongst things general as what is particular amongst things particular.) Generalia præcedunt, specialia sequuntur. Reg. Br. (Things general precede, things special follow.) Generalia specialiabus non derogant. Jenk. Cent. 120. (Things general do not take from things special.) Generalibus specialia derogant. (Things special take from things general.) Generalia sunt præponenda singularibus. (General are to be placed before particular things.) Generalis clausula non porrigitur ad ea quæ antea specialiter sunt comprehensa. 8 Co. 154. (A general clause does not extend to those things which are before specially provided.) GENERALS OF ORDERS, chiefs of the several orders of monks, friars, and other religious societies. GENERATIO, the issue or offspring of a mother-monastery. GENTLEMAN (fr. gentilhomme, Fr., gentilhuomo, Ital., i. e. homo gentilis, Lat., a man of ancestry, however high his rank). All persons above yeomen: whereby noblemen are truly called gentlemen.-Smith de Rep. Ang. 1. 1, cc. 20, 21. Consult the Origin of Gentlemen, from Leyden's Complaynt of Scotland, repub. 1801. The word was not employed as a legal addition until about the time of Henry V. The gentry may be divided into three classes: (I.) They who derive their stock with arms from their ancestors, are gentlemen of blood and coat-armor. They are of course the most noble who can prove the longest uninterrupted continuance of nobility in the families of both their parents. GEWITNESSA, the giving of evidence in our ancient British law.-Brompton. GHIRDAWAR, GIRDWAŔ, an overseer of police, under whom the goyendas or informers act.-Indian. GIBBET (fr. gibet, Fr.), a gallows; the post on which malefactors are hanged, or on which their carcasses are exposed. It differs from a common gallows in that it consists of one perpendicular post, from the top of which proceeds one arm; except it be a double_gibbet, which last is formed in the shape of the Roman capital T.-Encyc. Lond. GIFT. The old text-writers make a gift (do(II.) They who are ennobled, by knighthood natio) a distant species of deed, and describe it or otherwise, with the grant of a coat-of-arms, as a conveyance applicable to the creation of an are gentlemen of coat-armor, and give gentility estate-tail; while a feoffment they strictly conto their posterity. Such have been scornfully fine to the creation of a fee-simple estate. The designated "gentlemen of paper and wax." operative verb is "give," which no longer im(III.) They who, by the exercise of a liberal plies any covenant in law (8 & 9 Vict. c. 106, profession, or by holding some office, are gentle- s. 4), and the deed requires living of seisin. It men by reputation, although their ancestors were was in consequence of entails being thus oriignoble, as their posterity remains after them. ginally created that the grantor acquired the These are not really gentlemen, though com- appellation of the donor, the grantee in tail, the monly accounted such. donee, and the entail, the gift or donation, the issue taking per formam doni. It is almost obsolete. GENTLEMAN-USHER, one who holds a post at Court to usher others to the presence, &c. GENTLEWOMAN, a woman of birth above the common, and a good addition of her state or degree. GENS, race, nation, great family. GENUS, in logic, the first of the universal ideas, and is when the idea is so common that it extends to other ideas which are also universal: as incorporeal hereditament is genus with respect to a rent, which is species. Genus summum is that which holds the uppermost class in its predicament; or it is that which may be divided into several species, each whereof is a genus in respect to other species placed below.- Woolley's Introd. to Logic, 45; and 1 Mill's Log. 133. GEOPONICS (fr. yn, Gk., and лóvos), the science of cultivating the ground; the doctrine of agriculture. GEORGE-NOBLE, a gold coin of Hen. VIII. value 6s. 8d.-Leake. GEORGE, ST., Knight of. See GARTER. GERMAN (fr. germain, Fr., germanus, Lat.), brother; one approaching to a brother in proximity of blood; thus the children of brothers and sisters are called cousins-german. GERONTO COMIUM (fr. yépwv, Gk., an old man, and xouw, to take care of), an almshouse or hospital for old people.-Encyc. Lond. Their managers are called geronto-comi. GERSUMARIUS, finable; liable to be amerced at the discretion of a lord of a manor. GESTATION. See BIRTH. GESTIO PRO HÆREDE (behavior as heir), that conduct by which the heir renders himself liable to his ancestor's debts, as by taking possession of title-deeds, receiving rents, &c.-Scotch Phrase. GESTU ET FAMA, an ancient and obsolete writ, resorted to when a person's good behavior was impeached. GEWINEDA, the ancient convention of the people to decide a cause.-LL. Æthel. c. 1. of a woman in marriage. and the 22 Geo. III. c. 83, which empower accommodation, maintenance, and employment of paupers. GILD, a tax, tribute, or contribution; a society or fraternity constituted for mutual protection and benefit. Consult Das Gildenwesen im Mittelalter von Dr. W. E. Wilda. GILDA MERCATORIA, a mercantile meeting or assembly. GILDABLE, liable to pay a gild. GILDMERCHANT, merchants who have privilege to hold pleas of land among themselves.-Scott. GILDRENT, certain payments to the Crown from any gild or fraternity. GILL, one-fourth of a pint measure. GIRANTEM (fr. girare, Ital.), the drawer. -Merc. Law. GISEMENT, cattle which are taken on to graze at a certain price; also the money received for grazing cattle. GISETAKER, a person who takes cattle to graze. GISLE, a pledge. Fredgisle, a pledge of peace. Gislebert, an illustrious pledge.-Gibs. Camden. GIST OF ACTION (fr. jaceo, Lat.), the cause for which an action lies; the ground and foundation of a suit, without which it is not maintainable. GIVES, fetters or shackles for the feet. GLADIOLUM, a little sword or dagger; also a kind of sedge. GLADIUS (jus gladii, Lat.), a supreme, jurisdiction. GLAIVE, a sword, lance, or horseman's staff, one of the weapons allowed in a trial by combat. GLASS, excise on, repealed by 8 & 9 Vict. c. 6. GLASS-MEN, wandering rogues or vagrants. —Jac. I. c. 7. GLAVEA, a hand dart. GLEANING, LEASING, or LESING. It is decided that no right exists at common law, that the poor may enter on a person's ground and glean after harvest.-Steel v. Houghton, 1 H. Bl. 51. GLEBE, the land possessed as a part of the revenue of an ecclesiastical benefice. By s. 5, of 5 & 6 Vict. c. 54, it is provided that the commissioners appointed to carry into effect the commutation of tithes shall have power to ascertain and define the boundaries of the glebelands of any benefice, or, with consent of the ordinary and patron, to exchange the glebelands for other lands within the same or any adjoining parish, or otherwise conveniently situated. See 17 & 18 Vict. c. 84. GLEBÆ ASCRIPTITII, villein-socmen, who could not be removed from the land while they did the service due.-1 Step. Com. 188. GLEBARIÆ, turfs dug out of the ground. GLISCYWA, a fraternity. GLOMERELLS, commissioners appointed to determine differences between scholars in a school or university, and the townsmen of the place. Glossa viperina est quæ corrodit viscera textus. 11 Co. 34. (It is a poisonous gloss which corrupts the essence of the text.) GLOUCESTER, STATUTE OF, 6 Edw. I. c. 1, A. D. 1278. GLOVE SILVER, extraordinary rewards given to officers of courts, &c.; money given by a sheriff of a county in which no offenders are left for execution to the clerk of assize and judges' officers. GLOVES. It is an ancient custom on a maiden assize, when there is no offender to be tried, for the sheriff to present the judge with a pair of white gloves. GLYN (fr. glyn, Erse, gleen, Scot.), a hollow between two mountains. GOD-BOTE, an ecclesiastical or church fine paid for crimes and offences committed against God. GOD-GILD, that which is offered to God or his service. GOD-PENNY, earnest money given to a servant when hired. GOLDA, a mine. GOLD-MINES, a branch of the ordinary revenue of the kingdom. By 1 W. & M. st. 1, c. 30, and 5 W. & M. c. 6, it is enacted, that no mines of copper, tin, iron, or lead, shall be looked upon as royal mines, notwithstanding gold or silver may be extracted from them in any quantities; but that the sovereign or persons claiming royal mines under his authority, may have the ore (other than tin ore in the counties of Devon and Cornwall), paying for the same a price stated in the act. GOLDSMITHS' NOTES, bankers' notes; originally so called, because the bankers of London were originally goldsmiths also. GOLDWIT, or GOLDWICH, a golden mulct. GOLIARDUS, a jester or buffoon.-Mat. Par. 1229. GOMASHTAH, a factor, commissioner, or agent.-Indian. GOOD ABEARING. See ABEARANCE. GOOD BEHAVIOR, security for. The exercise of preventive justice, which consists in being bound with one or more sureties in a recognizance or obligation to the Crown, and taken in some court, or by some judicial officer; whereby the parties acknowledge themselves to be indebted to the Crown in the sum required, with condition to be void and of none effect if the party shall demean and behave himself well, or, be of good behavior, either generally or specially for the time therein limited; as for one or more years, or for life and if the condition of such recognizance be broken, by any misbehavior, the recognizances become forfeited or absolute: and the party and his sureties become the Crown's absolute debtors, for the several sums in which they are respectively bound.-4 Step. Com. 357. See A BEARANCE. GOOD CONSIDERATION, one founded on motives of generosity, prudence, and natural duty; such as natural love and affection. GOODS AND CHATTELS, the generic denomination of things personal, as distinguished from things real, or lands, tenements, and hereditaments. GOODWILL, the advantage or benefit which is acquired by an establishment, beyond the mere value of the capital, stock, 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. GOOLE, a breach in a seawall or bank; a passage worn by the flux and reflux of the sea. GOOROO GURU, a spiritual guide.-Indian. GORCE, or GORS, a wear, pool, or pit of water.-Termes de la Ley. GORE, a narrow slip of land. GOSSIPRED, compaternity, spiritual affinity. -Canon Law. GOTE, a ditch, sluice, or gutter. GOVERNMENT, that form of fundamental rules and principles by which a nation or state is governed.-Locke on Government; Paley's Polit. Phi.; Smith's Wealth of Nations; Mon- by the act; for in that case, any two of the tesquieu's Spirit of Laws. trustees or managers of the savings bank may GOVERNMENT ANNUITY SOCIE- contract for government annuities, in favor of any person to whom they may think proper to extend the benefit, and who is either a depositor in the savings bank, or entitled in their opinion to become a depositor therein. Through whichever of these media annuities are purchased, all transactions relative to them are to be subject in either case (as far as possible) to the regulations made by 9 Geo. IV. c. 92, and 7 & 8 Vict. c. 83, as to savings banks. GOYENDA, an inferior officer of police; a spy, informer.-Indian. GRACE, a faculty, license, or dispensation; also general and free pardon by act of Parlia ment. GRACE, days of, time of indulgence and respite granted to an acceptor for the payment of his bill of exchange. It was originally a gratuitous favor (hence the name), but custom has rendered it a legal right. TIES, formed by 3 & 4 Wm. IV. c. 14. Their purpose is to enable persons, among the industrious classes, to make provisions for themselves by purchasing, on advantageous terms, a government annuity for life or term of years. Societies regularly constituted under this act, are empowered to be the medium for such contracts, in favor of any persons whom they deem to be the proper objects for the intended benefit. The trustées or managers of the society are to act as GOVERNMENT, offences against. They the agents of the commissioners for reduction of are treason; misprision of treason; discharging the national debt in this transaction, and the firearms or missiles, &c., at the queen; scandal expense of the party purchasing (who is relieved against the sovereign; præmunire; contempts from all stamp duties) is limited to a very trivial against the title of the sovereign, or the crown's amount. The annuity is charged on the con- ecclesiastical supremacy; contempts against the solidated fund, and made payable half-yearly royal palaces; mal-administration in high offices; upon the draft of the trustees, supported (in selling public offices: offences relating to the the case of life-annuity) by proof of the exist- coin; embezzling or destroying royal stores or ence and identity of the nominee. It may ships of war; serving foreign states; desertion either be immediate or deferred, so as to com- or seducing to desert; refusing or neglecting mence at any future period to be named by the the oaths; administering unlawful oaths, or purchaser. If deferred, it may be purchased being engaged in illegal societies; and coneither by a single sum paid in the first instance, tempts against the prerogative. Step. Com. or by annual payments; and, supposing the 218-219. purchaser to live to the period of its commencement, he becomes entitled to an annuity equivalent to the value of all his payments, with the accumulation of compound interest. If, on the other hand, in the case of a deferred life-annuity, he dies before its commencement, or (having agreed to pay by annual instalments) becomes incapable before that time of continuing the payments, the whole money that has been actually paid is returned, exclusive of interest, to his representatives or to himself, as the case may be. In the case of a life-annuity, whether immediate or deferred, that has come into possession, this advantage is also given to a purchaser that on the death of the person on whose life the annuity depended, the purchaser or his representatives become entitled, over and above the arrears, to a sum equal to one-fourth of the annuity, provided it be claimed within two years after the decease. All annuities under this act are declared to be personal estate, are exempt from taxes and other charges, and are incapable of being sold or assessed, so as to pass the interest of the party entitled during his lifetime, unless in the case of his bankruptcy or insolvency, but where that happens, they are to be repurchased by government at a valuation, and the value paid over for the benefit of the creditors. The annual amount of annuity to be granted to any one person is not to be less than 41. nor more than 301., and no purchase can be made for the life of a person under the age of fifteen. Any inhabitants of a parish, forming themselves into a society for the purposes contemplated by the act, are entitled to claim its benefits, provided that the rector, vicar, or minister of the parish for the time being, or a resident justice of the peace, be one of the trustees, and provided that there be no savings bank legally established in the parish, under 9 Geo. IV. c. 92. But if there be a savings bank there of that description, a separate society for the purpose is unnecessary, and not authorized The number of these days varies according to the ancient custom or express law prevailing in each particular country as follows: Altona. Sundays and holydays included, and bills falling due on a Sunday or holyday, must be paid, or in default thereof, protested on the day previous America. Amsterdam. Abolished since the Code Barcelona. Berlin. When bills, including them which Brazil, Rio Janeiro, Bahia, including Denmark France. Abolished by the Code Napoleon, Livre 1, tit. 8, s. 5, pl. 135; 1 Pardess, 189. Ten days were formerly allowed, Pothier. pl. 14, 15 Frankfort on the Main. Except on bills drawn at sight, Sundays and holydays not included Geneva Days. 12 23 none none 14 14 15 8 3 none |