Page:Black's Law Dictionary (Second Edition).djvu/543

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GAOL

the punishment of the lighter offenses and mis- demeanors, While the latter is a place for permanent or long-continued confinement, or for the punishment of grnver crimes. In modern usage, this distinction is commonly taken he- uiecn the words "gaol" and " enitentiary," (or state's prison,) hot the name ‘prison" is indiscriminately applled to either.

—Gan1 liberties. giwl limits. A district umund a goo]. defined by iimits, wlthln which prisoners are allowed to go at large on giving security to return. It is considered a part of the gaol.—Ga,o1er. The master or keeper of a prison; one who has the custody of a place “here prisoners are confined.

GAOL DELIVERY. In criminal law. The di-livery or clearing of a gaoi of the pris- uncrs cunfiucd therein, by trying them.

in popular speech, the clearing of a gaol

by the escape of the prisoners. —Generi\1 ga,ol delivery. In English law. At the assizes (q. -:2.) the judges sit by virtue of five seieral authorities, one at which is the commission of "general gnol de_iivery." This empowers them to try and deliverance make of every prisoner who shali be in the gaol when the judges arrive at the circuit town, whether_ an indictment has ilC(‘I] preferred at any previous assize or noL 4 Bl. Comm. 2'70. This is also a part of the title of some American criminal courts, as. in Pennsylvania, the "court of Dyer and teruiiner and genertii jail delivery."

GARANDIA, or GARANTIA. A warninty Spelmau.

GARANTIE. In French law. This word corresponds to warranty or covenanta for title in English law. In the case of a sale this _I/(1-runtie extends to two things: (1) Peaceful possession or the thing sold; and (2) alisence of undisclosed defects, (défauta inrliés.) Brown.

GARATHINX. In old Lonibarllic law. A gift: a free or ahsolnte gift: a gift of the whole OF a thing. Spelman.

GARAIINTOR. L. Fr. In old English law. A warrantor of land: a voiichee: one h-uind by a warranty to defend the title and seisiu of his alienee, or, on default thereof. and on eviction of the tenant. to give him other lands of equal value. Britt. c. 75.

GAJRBA. In old English law. A bundle or sheaf. Bladiz in garbis, corn or grain in sheaves. Reg. Orig. 96; Bract. fol. 209.

—G:u-ha sag-ittarum. A sheaf of arrows, containing twenty-four. Otherwise called “schol- fa sag1'tir1runi.." Skune.

GARBALES DEGIMIE. Tithes of corn. (grain) Bell.

In Scotch law.

GARBLE. In English statutes. To sort

or cull out the good from the bad in spices, drugs, etc. Cowell. —Ga.rhler of spices. An ancient o_lficcr in the city of London, who might enter into any shop, vmrelinuse. etc.. to view and search drugs -mil spices, and gnrlilc and make elean_ the same. or see that it he done. Moziey & Whitiey.

635

GARNISHMENT GARCIO STOLE. Groom of the stole.

GARCIONES. camp. Wals. 2-12.

Servants who follow a

GARD, or GARDE. L Fr. Wardshlp; care; custody; also the ward of a city.

GARDEIN. A keeper; a guardian.

GARDEN. A small piece of land, appro- printed to the cultivation of herbs, fruits. flowers, or vegetables. People v. Gieenburgh. 57 N. Y. 550; Ferry v. Livingston, [15 U. S. 512, 6 Sup. Ct. 175, 29 L. Ed. 4S9

GARDIA. L. Fr. Custody; Wartlship.

GARDIANUS. In old English law. A guardian, defender, or protector. In teudal law, _r/ariiio. Siielmuu.

A Warden. Gardiiliiwi ccclcaiiz, a church- Wartlen. Gardiimus quinque zlortuum, warden of the Cinque Ports. Spelumn.

GARDINUM. In old English law. A garden. Reg. Orig. lb, 2.

GARENE. L. Fr. A Warren: leged piece for keeping animals.

It privi-

GAENESTURA. In old English law. Victuais_ arms, and other iiupleuieuta of war, necessary for the defense OF a town or castle. Mat. Par. 1250.

GARNISH, n. In English law. Money paid by a prisoner to his fellow-prisoners on his entrance into prison.

GARNISH, -v. To warn or summon. To issue process of garnishment against a person.

GARNISHEE. one garnished; a person agiiliist whom process of garnishment is issued: one who has money or property in his possession belonging to a defendant, or who owes the defendant a debt, which maney, property, or debt is attached in his hands, with notice to him not to deliver or pay it over until the result or the suit he ascertained. Welsii v. Blackwell. 14 N. J. Law. 348; Smith v. Mlln, 22 Fed. Cas. 606.

GARNISHMZENT. In the process of attachment. A warning to a person In whose hands the ctfects of another are attached not to pay the money or deliver the property of the defendant in his hands to him, but to appear and answer the plaintiffs suit. D" e, Attachiu. § 4431: National Bank of Wilming- ton v. Furtick. 2 Marv. (Del.) 35, 42 At]. 44 L. It. A. 115, (39 Am. St Rep. 99: Georgia & A. By. 00. v. Stollenwerck. 122 Ala. 53!). 25 South. %8; Jeary v. American Exch. Bank. 2 Neb. (Uuof.) 637. 89 N. W. 772.

A "garnishment," as the Word is employed in this Code, is process to reach and subject

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