Page:Black's Law Dictionary (Second Edition).djvu/544

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GARNISHMENT

money or effects of a defendant iu attach- ment, or in a judgment or decree, or in a pending suit commenced in the ordinary iorm, in the possession or under the control of a third person, or debts owing such defendant, or liabilities to him on contracts for the delivery of personni property, or on contr.iLls for the payment OF money which may be discharged by the delivery of personal propel ty, or on a contract paysbie in personal property; and such third person is called the "garuishee." Code Ala. 1886, § 2394.

Garuishmeut is a proceeding to apply the debt due by a third person to a Judgment defendant, to the extinguishmeut of that judgment, or to uppiopriate eiiects beionging to it defendant, in the bands of a third person, to its payment. Strickland v. Maddox. 4 Ga. 393.

Also a warning to any one for his appearnni-e, in a C'lIlSe in which he is not a party, for the information of the court and explaining a cause. Cowell.

—Equita.ble garnishment. This term is someliuies applied to the statutory proceedings authorized in some states, upon the return of an execution unsatisfied, wherelly an action something like a hill of discovery may he maintain-

ed against the Judgmcnt debtor and any third person. to compel the disclosure of any money or property or chose in action belonging to the debtor or held in trust for him by such third person, and to procure satisfaction of the judgment out of such property. Grist v. St. Louis, 156 Mo. (‘A3, 57 S. W. 706, 79 Am. St. Rep. 545. See St. Loms v. O'Neil Lumber Co., 114 Mo. '74, 21 S. W.

GARNISTURA. In old English law. G-aniiture; whatever is necessary for the fortification of a city or camp, or for the orna- ment of a thing. 8 Rymer, 328; Du Gauge; Cowell; Blount.

GARROTING. A method of lnfli ting the death penalty on convicted criminals practised in Spain, Portugal, and some Spanish- American countries, consisting in strangulation by means of an iron collar which is mechanically tightened about the neck or the sufferer, sometimes with the variation that a sharpened screw is made to advance from the back of the apparatus and pierce the b.ise of the brain. Also, popularly, any form of sl;raii;_:ling resorted to to overcome resist- ance or induce unconsciousness, especially as I1 concomitant to highway robbery.

GARSUMME. amerciameut or flue.

In old English law. An Cowell.

GARTER. A stllng or ribbon by _which the stocking is held upon the leg. The mark of the highest order of English knighthood, ranking next after the uobillty. This military order of lrnlghthood is said to have been first instituted by Richard 1., at the siege ot Acre, Where he caused twenty—six knights who firmly stood by him to wear thongs of blue leather about their legs. It is also said to have been perfected by Edward Ill, and to have received some alterations, which were

536

GAVEL

afterwards laid aelde, from Edward VI. The badge of the order is the image of St. George. called the “George-.," and the motto is "lloiil eoit qui mat y pcnsc." l\'hiii‘ton.

GARTH. in English law. A yard; a little close or homeste id in the north of England. Cowell; Blount.

A dam or wear in a river, for the catching of fish.

GARYTOUR. In old Scotch law. Warder. 1 Pitc. Crim. Tr. pt. 1. p. 8.

GASTALDUS. A temporary governor of the country. Blount. A baiiitf or stew-.ird. Spelman.

GASTI-2]’... L. Fr. Wastel: wastel bread: the finest sort of wheat bread. Britt. c. 30; Kelhnm.

GASTINE. L. Fr. Waste or uncultivated ground. Britt. c. 57.

GAUDIES. A term used in the English universities to denote double commons.

GAUGE. The measure of width or a rail- way, fixed, with some exceptions, at 4 feel. 8% inches in Great Britain and America, and 5 reel: 3 inches iu Ireland.

GAUGEATOR. A gauger. LowelL

GAUGER. A surveying oiificer under the customs, excise, and internal revenue laws. appointed to examine all tiius, pipes, hogs- heads, barrels and tierces of wine, oil, and other liquids, and to give them I1 mark at allowance, as containing 1n\\‘fn1 measure There are also private giugeis in large sea- port towns, who are licensed by government to perform the same duties. Rapzil. & L.

GAUGETITM. A gauge or gauging; a measure of the contents of any vessel.

GAVEL. In English law. Custom: trib- ute. toli; yearly rent; payment of i'e\ enue; of which there were anciently several sorts: as _r/ai:cl-cum, gavel-innit, out-gaul. _I/iziel- folirler, etc. Termes de la Ley: Oowell: Co. Litt 14241.

—Gavelh:'ed. Rent reserved in bread, corn, or provision; rent payable in kind. Cowell. —Gaveleester. A certain measure of rent- ale. Cowell.—-Gavelgeld. That which yields annual profit or toll The tribute or toll itseli. Cowell: Du Cauge.—-Gavel.liex-ts. A service of plowing pertornied by a custouiary tenant Cowell; Du Gauge —Grweling men. Tenants who paid a reserved rent, besides some custo- mary duties to be done by them. Co\vell.—

Gnvel-maii. A tenant iiable to the payment of navel or tribute. Somn. Gavelkiud, 23.- Gavelmed.

A customary service of BJOWIDE meadow-lnud or cutting grass, (coiisizetiiiio fa

oiimli.) Blouut.—Gave1x~ep. Bediriip or bid- reap; the duty of rc-iping at the bid or coinmaud of the lord. Somn. Gavclldnd. 19, 21: Cowell.—Gn.veI\verk. A customary service, either mamwpera, by the person of the. tea- aut, or L'(I.I~rup€Ta, by his i-arts or carriages

Blouut; Somn. Gsvelkind, 24: Du Conga