Page:Black's Law Dictionary (Second Edition).djvu/549

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GILDABLE

GILDABLE. In old English law. Tax- able, tributary, or contri-hntory; liable to pay tax or trihute. Cowell; Biount.

GILDO. In Saxon law. Members of a paid or decennary. Oftener spelled "conmlilo." Du Cange; Spelman.

GILOUR. L. Fr. A cheat or deceiver. Applied in Britton to those who sold false or spurious things for good, as pewter for silier or laten for gold. Britt c. 15.

GIRANTE. An Italian word, which signifies the drawer of a bill. It is derived from "gii-are," to draw.

GIRTK. In Saxon and old ngiish law. A measure of length, equal to one yurd, de- rived from the girth or circumference of a man's body.

GIRTE AND SANCTUARY. In old Scotch law. An asylum given to mnrderers, where the mnrder was committed without any previous design, and in ciumde mella, or heat of passion. Bell.

GISEMENT. L. Fr. Agistment: cattle taken in to graze at a certain price; also the money received for grazing cattle.

GISER. L. Fr. To lie. Gist on ie Douche, it lies in the month. Le action Men alst, the action well lies. Glsimt, lying

GISETAKER. An agister: a person who takes cattle to graze.

GISLE. aisle, a pledge 0! peace. trious pledge.

GIST. In pleading. The essential ground or ohject of the action in point of law, without which there would be no canse of action. Gould. Pi. c. 4, § 12; Hathnway v. Rice, 19 Vt. 102.

The gist of an action is the cause for which an action will lie; the ground or foundation of a suit, without which it would not be maintninahle; the essenial ground or ob- ject of a suit, and without which there is not a cause of action. First Nat Bank v. Bur- kett. 101 Ill. 391, 40 Am. Rep. 209: Hotfman v. Knight, 127 Ala. 149, 28 South. 593; Tar- bell v. Tarbell, 60 Vt. 486. 15 At]. 104.

GIVE. 1. To transfer or yield to, or hestow npou, another. One of the operative words in deeds of conveyance of real prop- erty, importing at common law, a warriility or covenant for quiet enjoyment during the lifetime of the grantor. Mack v. Patchln, 29 How. Prac. (N. Y.) 23; Young v. Hargrave, 7 Ohio. 89, pt. 2: Dow v. Lewis, 4 Gray (Mass.) 473.

2. To bestow upon another gratuitously or without consideration.

In their ordinary and familiar signification, the words "sell" and “give" have not the some

In Saxon law. A pledge. Fred- Gisiebert, an illus-

541

GLANS

meaning, but are commonly used to express different modes of transferring the right to property from one person to another. “To seii" means to transfer for a valuable ionsider- ation, while “to give" signifies to transfer gratuitously, without any equiiaient. Parkinson v. State, 14 Md. 184. 74 Am. Dec. 522. —Give and bequeath. These words, in a will, import a benefit UJ point of right, to take eifect upon the deceasc of the testator and proof of the will. unless it is made in terms to depend upon some contingency or condition precedent. Eldridge v. Eldridge. 9 Cnsh. (.\i'1ss.) 5I9.—Give hail. Tu furnish or put in buil or security for one's appearziur-e.—G-ive color. To admit an apparent or coloinble right in the opposite party. See (‘oLoR.— Give judgment. To render, pronounce. or declare the jurlginent of the court in an action at inn: not spoken of a jiidsmciit obtained by confession. Sr-hnster v. Rader, 1.5 Colo. 329, 22 Pnc. 505.—Give notice. To cominunicats to another. in any proper or permissible legai manner, information or Warning of an existing fact or state of facts or (more usually) of some intended future action. See 'O'\eii v. Dickson. 11 Ind. 214: In re Devlin. 7 Fed. Cos. 564: City l\'it. Bani; v. 'iiiianLs. 122 Mass. 5.'>‘fi.—Give time. The act of a creditor in extending the time for the p:i_rment or satisfaction of a claim hevond the time stipulated in the original contract. If done without the consent of the surety, indorser, or mrirantor. it dischniyzes him. I-Iowell v. Jones, 1 Cramp. M. & R. 107: Shipman v. Kelley, 9 App. Div. 316. 41 N. Y. Supp. 330.—Give way. In the rules of l:i;1\i;:ation_ one vessei is said to “give way" to another when she deviates irom her course in such a manner unil to such an extent as to allow the other to pass without nitering her course. See Lockwood v. Lashcll. 19 Pa. 32‘-0. G-IVER. A donor; he who makes a gift. GIVING IN PAYMENT. In Louisiana law. A phrase (translating the Fr. “dation en payement") which signifies the delivery and acceptance of real or personal property in satisfaction of a debt, instead of a pay- ment in money. See Civil Code La. art. 2G:‘:5.

GIVING RINGS. A ceremony anciently performed in England by serjeants at law at the time of their appointment. The rings were inscrihed with a motto, generally in Latin.

GLADIOLUS. a kind of sedge.

A little sword or dagger; Mat. Paris.

GLADIUS. Let. A sword. An ancient emhlem of defense. Hence the ancient earls or comttes (the king's attendante. advisers, and associates in his government) were made by being girt with swords, (giadio 8’ilCCi_ilrC14'.)

The emblem of the executor: power of the law in punishing crimes. 4 Bl. Comm. 177.

In old Latin authors, and in the Norman laws, this word was nsed to signify supreme jurisdiction. (jua yiadii.)

GLAIVE. A sword, lance, or horseman’s staff. One of the weapons allowed in a trial by combat

GLANS. In the civil law. Acorns or nuts or the oak or other trees. In a larger sense.

all fruits of trees.