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FUNGIBLE, a term used in the civil, French and Scotch law, signifies any thing, whatever, which consists in quantity, and is regulated by number, weight or measure, such as corn, wine or money. Hein. Elem. Pand. Lib. 12, t. 1, § 2; 1 Bell's Com. 225, n. 2; Ersk. Pr. Scot. Law, B. 3, t. 1, § 7; Poth. Pret de Consomption, No. 25; Diet, de Jurisprudence, mot Fongible; Story, Bailm. § 284.
FURCA. The gallows. 3 Inst. 58.
FURLINGUS, a furlong, or a furrow one-eighth part of a mile long. Co. Litt. 5 b.
FURLONG. A measure of length being forty poles or oneeighth of a mile. Vide Measure.
FURLOUGH, is a permission given in the army and navy to an officer or private to absent himself for a limited time.
FURNITURE, personal chattels in the use of a family. By the term household furniture in a will, all personal chattels will pass, which may contribute to the use or convenience of the householder, or the ornament of the house, as plate, linen, china, both useful and ornamental, and pictures. Amb. 610; 1 John. Ch. R. 329, 338; 1 Sim. & Stu. 189; S. C. 3 Russ. Ch. Cas. 301; 2 Williams on Ex. 752; 1 Rop. on Leg. 203, 4; 3 Ves. 312, 313.
FURTHER HEARING, crim.
law, practice. Hearing at another time. Prisoners are frequently committed for further hearing, either when there is not sufficient evidence for a final commitment, or because the magistrate has not time at the moment to hear the whole of the evidence. The magistrate is required by law, and by every principle of humanity, to hear the prisoner as soon as possible after a commitment for further hearing; and if he neglect to do so within a reasonable time, he becomes a trespasser. 10 Barn. & Cresw. 28; S. C. 5 Man. & Ry. 53. Fifteen days were held an unreasonable time, unless under special circumstances. 4 Carr. & P. 134; 4 Day, 98; 6 S. & R. 427. In Massachusetts magistrates may, by statute, adjourn the case for ten days. Rev. Laws, 135, s. 9. It is the practice in England to commit for three days and then from three days to three days. 1 Chitty's Criminal Law, 74.
FUTURE STATE, evidence. A state of existence after this life. A witness who professed not to believe in any future state of existence was formerly rejected on the ground of his infidelity. See the authorities cited under the article Infidel. But it seems now to be settled that when the witness believes in a God who will reward or punish him even in this world, he is competent. Willes, Mo. Vide Atheist.
GABEL, a tax, imposition or duty. This word is said to have the same signification that gabelle formerly had in France. Cunn. Diet. h. t. But this seems to be an error, for gabelle signified in that country, previously to its revolution, a duty
upon salt. Merl. Rep. h. t. Lord Coke says, that gabel or gavel, gablum, gabellum, gabelletum, galbelletum, and gavillettum, signify a rent, duty or service, yielded or done to the king or any other lord. Co. Litt. 142, a.
GAGE, contracts. Personal property placed by a debtor in possession of his creditor, as a security for his debt; a pawn, (q. v.) Hence mortgage is a dead pledge.
GAGER DEL LEY. Wager of law, (q. v.)
GAIN. The word is used as synonymous with profits, (q. v.) See Fruit.
GAINAGE, old Eng. law, signifies the draft oxen, horses, wain, plough, and furniture for carrying on the work of tillage by the baser sort of soke men and villians, and sometimes the land itself, or the profits raised by cultivating it. Bract. lib. 1, c. 9.
GALLON, measures. A gallon is a liquid measure containing two hundred and thirty one cubic inches, or four quarts
GALLOWS. An instrument on which to hang criminals condemned to death.
GAME. Birds and beasts of a wild nature obtained by fowling and hunting. Bac. Ab. b. t.; Animals; Ferat naturae.
GAMING, contracts; crim. law, is the playing at cards, dice, or other contrivance. When practised as a recreation, the better to fit a person for business, it is not unlawful at common law; but a person guilty of cheating at any game, as by playing with false cards, dice, and the like, may be indicted at common law, and fined and imprisoned according to the heinousness of the offence. 1 Russ. on Cr. 406. This offence is punished by statutory provisions in perhaps all the states. Vide Roscoe, Cr. Ev. 446; Hawk. B. 1, c. 92, s. 1. There is nothing contrary to natural equity in gaming, and unless the game be of an immoral, illegal or indecent tendency, the contract will be considered as a reciprocal gift, which the parties make of the thing played for under a cer
tain condition. Vide Bac. Ab. h. t. (A); Toull. Jiv. 3, t. 3, n. 381; Barbeyrac, Traite du Jeu, tom. 1, page 104, n. 4; Poth. Traite du Jeu; Merl. Repert. mot Jeu; 1 P. A. Bro. Rep. 171. But the courts will not countenance gaming by giving too easy a remedy for the recovery of money won at play. Bac. Ab. ut supra. Vide Wagers.
GAMING HOUSES, crim. law, are houses kept for the purpose of permitting persons to game fpr money or other valuable thing. They are nuisances in the eye of the law, being detrimental to the public, as they promote cheating and other corrupt practices. 1 Russ. on Cr. 299; Roscoe's Cr. Ev. 663; Hawk. B. 1, ch. 75, s. 8. This offence is punished in Pennsylvania, and perhaps, in most of the states, by statutory provisions.
GANANCIAL, Spanish law. A term which in Spanish signifies nearly the same as acquets. Bienes gananciales are thus defined: "Aquellos que el marido y la muger 6 cualquiera de los dos adquieren 6 aumentan durante el matrimonio por compra u otro contrato, 6 mcdiantc su trabajo e industria, como tambien los frutos de los bienos proprios que cada uno elevo al matrimonio, et de los que subsistiendo cste adquieran para si por cualquier titulo." 1 Febr. Nov. lib. 1, tit. 2, c. 8, s. 1. This is a species of community ; the property of which it is formed belongs in common to the two consorts, and, on the dissolution of the marriage is divisible between them in equal shares. It is confined to their future acquisition durante el matrimonio, and the frutos or rents and profits of the other property. 1 Burge on Confl. of Laws, 418, 419; Aso & Man. Inst. B. 1, t. 7, c. 5, § 1.
GAOL, is a prison or building designated by law or used by the sheriff, for the confinement or detention of those whose. persons are judicially ordered to be kept in custody. This word sometimes written jail, is said to be derived from the Spanish jaula, a cage, (derived from cola,) in French geole, gaol. I Mann. & Gran. 222, note (a). Vide 6 John. R. 22; 14 Vin. Ab. 9 ; Baa Ab. h. t; Dane's Ab. Index, h. t.; 4 Com. Dig. 619; and the articles Gaoler; Prison; Prisoner.
GAOL-DELIVERY, Eng. law. To insure the trial, within a certain time, of all prisoners, a patent in the nature of a letter is issued from the king to certain persons, appointing them his justices, and authorising them to deliver his goals. Cromp. Jurisd. 125; 4 Inst. 168; 4 Bl. Com. 269; 2 Hale, P. C. 22, 32; 2 Hawk. P. C. 14, 28. In the United States, the judges of the criminal courts are required to cause the accused to be tried within the times prescribed by the local statutes, and the constitutions require a speedy trial.
GAOLER, the keeper of a gaol or prison, one who has the legal custody of the place where prisoners are kept. It is his duty to keep the prisoners in safe custody; and for this purpose he may use all necessary force, 1 Hale, P. C. 601 ; but any oppression of a prisoner under a pretended necessity will be punished, for the prisoner, whether he be a debtor or a criminal, is entitled to the protection of the laws from oppression.
GARNISH, Eng. law. Money paid by a prisoner to his fellow prisoners on his entrance into prison.
TO GARNISH. To warn; to garnish the heir, is to warn the heir. Obsolete. . GARNISHEE, is a person who has money or property in his possession, belonging to a defendant, which money or property has been attached
in his hands, and he has had notice of such attachment; he is so called because he has had warning or notice of the attachment. From the time of the notice of the attachment, the garnishee is bound to keep the property in his hands to answer the plaintiff's claim, until the attachment is dissolved, or he is otherwise discharged. Vide Serg. on Att. 88 to 110; Com. Dig. Attachment, E.
GARNISHMENT. A warning to any one for his appearance, in a cause in which he is not a party, for the information of the court, and explaining a cause. For example, in the practice of Pennsylvania, when an attachment issues against a debtor in order to secure to the plaintiff a claim due by a third person to such debtor, notice is given to such third person, which notice is a garnishment, and he is called the garnishee.
GAVEL, a tax, imposition or tribute; the same as gabel, (q. v.)
GAVELKIND, given to all the kindred. Eng. law. A tenure or custom annexed or belonging to land in Kent, by which the lands of the father are equally divided among all his sons, or the land of the brother among all his brothers, if he have no issue of his own. Litt. s. 210.
GELD, old Eng. law, signifies a fine or compensation for an offence; also, rent, money or tribute.
GEMOTE. An assembly. Wittena gemote, during the time of the Saxons in England, signified an assembly of wise men. The parliament.
GENDER. That which designates the sexes. As a general rule when the masculine is used it includes the feminine, as, man (q. v.) sometimes includes women. This is the general rule, unless a contrary intention appears. But in penal statutes, which must be construed strictly, when the masculine is used and not the feminine, the latter is not in general included. 3 C. & P. 225. An instance to the contrary, however, may be found in the construction. 25 Ed. 3, st. 5, c. 2, § 1, which declares it to be high treason, "When a man doth compass or imagine the death of our lord the king," &c. These words "our lord the king" have been construed to include a queen regnant. 2 Inst. 7, 8, 9; H. P. C. 12; 1 Hawk. P. C. c. 17; Bac. Ab. Treason, D. Pothier says that the masculine often includes the feminine, but the feminine never includes the masculine; that according to this rule if a man were to bequeath to another all his horses, his mares would pass by the legacy; but if he were to give all his mares, the horses would not be included. Poth. Introd. au titre 16, des Testaments et Donations testamentaires, n. 170. Vide Ayl. Pand. 57; 4 Car. & Payne, 216; S. C. 19 Engl. Com. Law R. 351; Barr. on the Stat. 216, note. Feme; Feme covert; Feminine; Male; Man; Sex; Women; Worthiest of blood.
GENEALOGY, is the summary history or table of a house or family, showing how the persons there named are connected together. It is founded on the idea of a lineage or family. Persons descended from the common father constitute a family. Under the idea of degrees is noted the nearness or remoteness of relationship, in which one person stands with respect to another. A series of several persons, descended from a common progenitor, is called a line, (q. v.) Children stand to each other in the relation either of full blood or half blood, according as they are descended from the same parents, or have only one parent in common. For illustrating descent and relationship, genealogical tables are constructed, the order of which depends on the end in view. In tables
the object of which is to show all the individuals embraced in a family, it is usual to begin with the oldest progenitor, and to put all the persons of the male or female sex in descending, and then in collateral lines. Other tables exhibit the ancestors of a particular person in ascending lines both on the father's, and mother's side. In this way 4, 8, 16, 32, Ace. ancestors are exhibited, doubling at every degree. Some tables are constructed in the form of a tree, after the model of canonical law, (arbor consanguinitatis,) in which the progenitor is placed beneath, as if for the root or stem. Vide Branch; Line.
GENERAL ISSUE, pleading, is a plea which traverses or denies at once the whole indictment or declaration, without offering any special matter, to evade it. It is called the general issue, because, by importing an absolute and general denial of what is alleged in the indictment or declaration, it amounts at once to an issue. 3 Bl. Com. 305. The general issue in criminal cases, is, not guilty. In civil cases, the general issues are almost as various as the forms of action; in assumpsit, the general issue is non-assumpsit; in debt, nil debet; in detinue, non detinet; in trespass, non cul. or not guilty, &c.
GENERAL LAND OFFICE..-- One of the departments of government of the United States. It was established by the act of April 25, 1812, 2 Story's Laws U. S. 1238; another act was passed March 24, 1824, 3 Story, 1938, which authorised the employment of additional officers. And it was re-organized by the following act entitled "An act to re-organize the General Land Office," approved July 4, 1836.
§ 1. Be it enacted, <^c. That from and after the passage of this act, the executive duties now prescribed, or which may hereafter be prescribed by law, appertaining to the surveying and sale of the public lands of the United States, or in any wise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the government of the United States, shall be subject to the supervision and control of the commissioner of the general land office, under the direction of the president of the United States.
§ 2. That there shall be appointed in said office, by the president, by and with the advice and consent of the senate, two subordinate officers, one of whom shall be called principal clerk of the public lands, and the other principal clerk on private land claims, who shall perform such duties as may be assigned to them by the commissioner of the general land office ( and in case of vacancy in the office of the commissioner of the general land office, or of the absence or sickness of the commissioner, the duties of said office shall devolve upon and be performed, ad interim, by the principal clerk of the public lands.
§ 3. That there shall be appointed by the president, by and with the advice and consent of the senate, an officer to be styled the principal clerk of the surveys, whose duty it shall be to direct and superintend the making of surveys, the returns thereof, and all matters relating thereto, which are done through the officers of the surveyor general; and he shall perform such other duties as may be assigned to him by the commissioner of the general land office.
§ 4. That there shall be appointed by the president, by and with the consent of the senate, a recorder of the general land office, whose duty it shall be, in pursuance of instructions from the commissioner, to certify and affix the seal of the general
land office to all patents for public lands, and he shall attend to the correct engrossing and recording and transmission of such patents. He shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and he shall prepare such copies and exemplifications of matters on file, or recorded in the general land office, as the commissioner may from time to time direct.
§ 5. That there shall be appointed by the president, by and with the advice and consent of the senate, an officer to be called the solicitor of the general land office, with an annual salary of two thousand dollars, whose duty it shall be to examine and present a report to the commissioner, of the state of facts in all cases referred by the commissioner to his attention which shall involve questions of law, or where the facts are in controversy between the agents of government and individuals, or there are conflicting claims of parties before the department, with his opinion thereon; and also, to advise the commissioner, when required thereto, on all questions growing out of the management of the public lands, or the title thereto, private land claims, Virginia military scrip, bounty lands, and preemption claims ; and to render such further professional' services in the business of the department as may be required, and shall be connected with the discharge of the duties thereof.
§ 6. That it shall be lawful for the president of the United States, by and with the advice and consent of the senate, to appoint a secretary, with a salary of fifteen hundred dollars per annum, whose duty it shall be, under the direction of the president, to sign in his name, and for him, all patents for land sold or granted under the authority of the United States.