Page:Black's Law Dictionary (Second Edition).djvu/548

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GESTOR

intention to enter upon the inheritance, and to hold himself out as heir to creditors of the deceased; as by receiving the rents due to the deceased, or by taking possession of his titledeeds, etc. Such acts will render the heir ha-

ble to the debts of his ancestor. Mozley & 'l:utley.

GESTOR. In the civil law. One who

acts for another, or transacts another’s busi- ness. Calvin.

GESTU ET FAMA. An ancient and ob- solete writ resorted to when a person's good behavior was impeached. Lamb. Eir. l. 4, C. 14.

GESTUM. Lat. In Roman law. A deed or act; a thing done. Some writers atfccted to make a distinction between “gestum" and “factum." But the best authorities pro- nounced this subtile and indefensible. Dig. 50, 16, 58.

GEVILLOURIS. In old Scotch law.

Gaolers. 1 Pitc. Crim. 'i‘r. pt. 2. p. 234.

GEWINEDA. In Saxon law. The acnient convention of the people to decide s (181139.

GEWITNESSA. In Saxon and old English law. The giving of evidence.

GEWRITE. In Saxon law. Deeds or charters: writings. 1 Reeve, Eng. Law, 10.

GIBBET. A gallows: the post on which malefactors are hanged, or on which their bodies are exposed. It ditfers from a com- mon gallows, in that It consists of one perpendicular post, from the top of which proceeds one arm, except it be a double gibhet, which is formed in the shape of the Roman capital T. Enc. Lond.

GIBBET LAW. Lynch law; in particu- lar a custom anciently prevailing in the parish of Halifax, England, by which the free burghers held a summary trial of any one accused of petit larceny, and, it they found him guilty, ordered him to be decapitated.

GIFT. A voluntary conveyance of land, or transfer of goods, from one person to an- other, made gratuitously, and not upon any consideration of blood or money. 2 Bl. Comm. 440; 2 Steph. Comm. 102: 2 Kent, Comm. 437. And see Ingram v. Colgan, 106 Cal. 113, 38 Pac. 315, 28 L. R. A. 187, 46 Am. St. Rep. 221; Gray v. Barton, 55 N. Y. 72, 14 Am. Rep. 181: Williamson v. Johnson, 62 Vt. 378, 20 Atl. 279, 9 L. R. A. 277, 22 Am St. Rep. 117; Flanders v. Blandy, 45 Ohio St. 113, 12 N. E. 321.

A gift is a transfer of personal property, made voluntarily and without consideration. Civil Code Cal. § 1146.

In popuiur language, a volnntary convey- ance or assignment is called a “deed or gift."

540

GILDA MEROATORIA

"Gift" and "advancement" are sometimes used interchangeably as expressive of the same operation. But, while an ad\ ancement is always a gift, a gift is very frequently not an advancement In re Dewees’ Estate, 3 Brewst. (iPa.) 314.

In English law. A conveyance of lands in tail; a conveyance of an estate tail in which the operative words are "1 give." or "I have given." 2 Bl. Comm. 316; 1 Stepb. Comm. 473.

—Absnlnte gift, as distinguished from one made in contemplation of denth. is one by winch the donee becomes in the liietime of the donor the absniute owner of the thing given, whereas a domatio mortis cause leaves the whole title In the donor unless the event occurs (the death of the donor) which is to ulivrst in!-n. Buerker v. Curr, U0 N. J. Eq. 300, 4'7 Atl. 3 '3- tiuguished from a. gift in trust, it is one whers not only the legal title but the beneficial ownership as \veli is vested in the donee. “midn- v. Bigelow, 93 Minn. 210. 100 N. W. 1104- Gift enterprise. A scheme for the division or distrihution of certain articles of property, to be determined by chance, among those who have taken shaies in the arheme. The phrase has attained such a notoriety as to justify a court in taking judicial notice of what is meant and understood by it. Lolunan v. State. 81 Ind. 17; La burgh v. D trict, of Columbia, 11 App. D. ‘O. . ' 1I15_'art. 133 Ma. 86. 33 South. 2. 1 t. licr. 17: Winston v. Bceson, 135 N. C. 271, 47 S. E. -151. 65 L. R. A. 167.

GIFTA AQUA-‘J. The stream of water to a mill. Mon. Angi. tom. 3.

GIFTOMAN. In Swedishiaw. The rl@t to dispose of a woman in marriage; or the person possessing such right.—her father, if living, or, it he be dead, the mother.

GILD. In Saxon law. A. tax or tribute. Speiman.

A fine, mulct, or amerciament: a satisfaction or compensation for an injury.

A fraternity, society, or company of persons combined together, under certain regu- lations, and with the king's license, and so called because its expenses were defrayed by the contributions (geld, NM) OF its members. Spelman. In other words, a corporation; called, in Latin, "soc-ielas." “colic!/ium," “frutria,” “fru.ter1Lita.s." “sodalitium." "adunati0;" and. in foreign law, "_I/iidonia." Spelman. There were various kinds of these aims, as merchant or commercial _r/ilds. re- ligious grass, and others. 3 Turn. Anglo Sax. 98: 3 Steph. Comm. 173, note u. See GILDA Mnacaronra.

A friborg, or decennnry: called, by the Saxons, "g1/Idsoipes," and its members, "asl- dlmca" and “congudones.” Spelmau. —-Gila-hall. Ses GUILDHALL.—Gild-rent. Certain payments to the crown from any giid or fraternity.

GILDA MERGATOEIA. A gild mer- chant, or merchant giid; a gild, corporation,

or company of merchants. 10 Coke, 30.