other writs which may be necessary deration. It differs from a grant, for carrying their powers fully into sale, or barter in this, that in each effect. of these cases there must be a conGERMAN, relations, germanus, sideration, and a gift, as the definiwhole or entire, as respects geneal- tion states, must be without consiogy or descent; thus, "brother- deration. The manner of making german," denotes one who is brother the gift may be in writing, or verboth by the father and mother's side; bally, and, as far as personal chat"cousins-german," those in the first tels are concerned, they are equally and nearest degree, i. e. children binding. Perk. § 57; 2 Bl. Com. of brothers or sisters. Tech. Dict. 441. But real estate must be transGESTATION, med. jur. The ferred by deed. There must be a time during which, a female who transfer made with an intention of has conceived, carries the embryo passing the title and delivering the or fœtus in her uterus. By the possession of the thing given, and it common consent of mankind, the must be accepted by the donee. 1 term of gestation is considered to be Madd. Ch. R. 176, Am. ed. p. 104; ten lunar months, or forty weeks, sed vide 2 Barn. & Ald. 551; Noy's equal to nine calendar months and Rep. 67. The transfer must be a week. This period has been without consideration, for if there adopted, because general observa- be the least consideration, it will tion when it could be correctly made, change the contract into a sale or has proved its correctness. Cyclop. barter, if possession be delivered; of Pract. Med. vol. 4, p. 87, art. or if not into an executory contract. Succession of Inheritance. But this 2 Bl. Com. 440. Gifts are divided may vary one, two, or three weeks. into gifts inter vivos, and gifts Co. Litt. 123 b, Harg. & Butler's causa mortis. Vide Donatio causa notes, note 190*; Ryan's Med. Jurisp. 121; Coop. Med. Jur. 18; Civ. Code of Louis. art. 203-211; 1 Beck's Med. Jur. 478. See Preg nancy. GIFT, conveyancing, is properly applied to the creation of an estate tail; as that of feoffinent is to that of an estate in fee simple. It differs in nothing from a feoffment, but in the nature of the estate passing by it; and livery of seisin must be given to render it effectual. The operative words of this conveyance are do or dedi. The maker of this instrument is called the donor, and he to whom it is made, the donee. 2 Bl. Com. 316; Litt. 59; Touchs. ch. 11. GIFT, contracts, is the act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person, without any consi mortis; Gifts inter vivos; and Vin. Ab. h. t. ; Com. Dig. Biens, D 2, and Grant; Bac. Ab. Grant; 14 Vin. Ab. 19; 3 M. & S. 7; 5 Taunt. 212. GIFTS INTER VIVOS, is a gift made from one or more persons, without any prospect of immediate death, to one or more others. These gifts are so called to distinguish them from gifts causa mortis, (vide Donatio causa mortis,) from which they differ essentially.-1. A gift inter vivos, when completed by delivery, passes the title to the thing so that it cannot be recovered back, by the giver: the gift causa mortis is always given upon the implied condition that the giver may at any time during his life revoke it. 7 Taunt. 231; 3 Binn. 366.-2. A gift inter vivos may be made by the giver at any time; the donatio mortis causa must be made by the donor while in peril of death. In both cases there must be a delivery. 2 Kent's Com. 354. GIVER, contracts. He who makes a gift, (q. v.); by his gift, the giver always impliedly agrees with the donee that he will not revoke the gift. principal damages are given. In stating the substance or gist of the action, every thing must be averred which is necessary to be proved at the trial. Vide 1 Vin. Ab. 598; 2 Phil. Ev. 1, note. See Bac. Abr. GLADIUS. In our old Latin authors and in the Norman laws, this word was used to signify supreme jurisdiction, jus gladii. GIVING TIME, contracts. Any agreement by which a creditor gives his debtor a delay or time in paying his debt, beyond that contained in the original agreement; when other persons are responsible to him either GLEANING. The act of ga. as drawer, endorser or surety, if thering such grain in a field where such time be given without the con- it grew, which may have been left sent of the latter, it discharges them by the reapers after the sheaves from responsibility to him. 1 Gall. were gathered. There is a custom R. 32; 7 John. R. 332; 10 John. in England, it is said, by which the R. 180; Ib. 587; Kirby, R. 397; 3 Binn. R. 523; 2 John. Ch. R. 554; 3 Desaus. Ch. R. 604; 2 Desaus. Ch. R. 230, 389; 2 Ves. Jr. 504; 6 Ves. Jr. 805; 3 Atk. 91; 2 Bos. & Pull. 62; 4 M. & S. 232. Vide 1 Leigh's N. P. 31. GIST, pleading. Gist of the action is the essential ground or object of it in point of law, and without which there is no cause of action. Gould on Pl. ch. 4. § 12. But it is observable that the substance or gist of the action is not always the principal cause of the plaintiff's complaint in point of fact, nor that on which he recovers all or the greatest part of his damages. It frequently happens that upon that part of his declaration which contains the substance or gist of the action he only recovers nominal damages, and he gets his principal satisfaction on account of matters altogether collateral thereto. A familiar instance of this is the case where a father sues the defendant for a trespass for the seduction of his daughter. The gist of the action is the trespass and the loss of his daughter's services, but the collateral cause is the injury done to his feelings for which the poor are allowed to enter and glean upon another's land after harvest without being guilty of a trespass. 3 Bl. Com. 212. But it has been decided that the community are not entitled to claim this privilege as a right. 1 Hen. Bl. 51. In the United States, it is believed, no such right exists. This right seems to have existed in some parts of France. Merl. Répert. mot, Glanage. As to whether gleaning would or would not amount to larceny, vide Woodf. Landl. & Ten. 242; 2 Russ. on Cr. 99. GLEBE, eccles. law, is the land which belongs to a church. GO. This word is used sometimes technically. When a party is dismissed the court, he is said to go without day; that is, there is no day appointed for him to appear again. GOOD BEHAVIOUR. Conduct authorised by law. Surety of good behaviour may be demanded from any person who is justly suspected, upon sufficient grounds, of intending to commit a crime or misdemeanor. Surety for good behaviour is somewhat similar to surety of the peace, but the recognizance is more easily forfeited, and it ought to be demanded with greater caution. 1 Binn. 98, n. ; 2 Yeates, 437; 14 Vin. Ab. 21; Dane's Ab. Index, h. t. 1 Rop. on Leg. 189; 1 Bro. C. C. 128. Vide Furniture. GORGE. A weir or dam by which the passage of boats is obstructed. Co. Litt. 5. GOOD WILL; by this term is meant the benefit which arises from GOVERNMENT, natural and the establishment of particular trades political law, is the manner in which or occupations. As between partners sovereignty is exercised in each it has been held that the good-will state. There are three simple forms of a partnership trade survives. 5 of government, the democratic, the Ves. 539; but this appears to be aristocratic and the monarchical. doubtful, 15 Ves. 227; and a distinc- But these three simple forms may tion, in this respect, has been sug- be varied to infinity by the mixture gested between commercial and pro- and divisions of their different fessional partnerships; the advanta-powers. Sometimes by the word ges of established connexions in the government is understood the body latter being held to survive, unless of men, or the individual in the state, the benefit is excluded by positive to whom is intrusted the executive stipulation. 3 Madd. 79. As to the power. It is taken in this sense sale of the good-will of a trade or when the government is spoken of in business, see 3 Meriv. 452; 1 Jac. opposition to other bodies in the & Walk. 589; 2 Swanst. 332; 1 state. Ves. & Beames, 505; 17 Ves. 346; 2 Madd. 220; Gow on Partn. 428; Collyer on Partn. 172, note; 2 B. & Adolph. 341; 4 Id. 592, 596; Rose, 123; 5 Russ. 29. 1 GOVERNOR. The title of the executive magistrate in each state and territory of the United States. Under the names of the particular states, the reader will find some of the duties of the governor of such state. GOODS, property. For some purposes this term includes money, valuable securities, and other mere GRACE. Is that to which a perpersonal effects. The term goods son is not entitled to by law, but and chattels, includes not only per- which is extended to him as a favour; sonal property in possession, but also a pardon, for example, is an act of choses in action, 12 Co. 1; 1 Atk. grace. There are certain days al182; the term chattels is more com- lowed to the payer of a promissory prehensive than that of goods, and note or bill of exchange, beyond the will include all animate as well as time which appears on its face, inanimate property, and also a chat- which are called days of grace. (q. tel real, as a lease for years of house v.) or land. Co. Litt. 118; 1 Russ. GRAFFER. This word is a Rep. 376. The word goods simply corruption of the French word grefand without qualification, will pass fier, a clerk, or prothonotary. It the whole personal estate when used signifies a notary or scrivener; vide in a will, including even stocks in stat. 5 Hen. 8, c. 1. the funds. But in general it will be limited by the context of the will. Vide 2 Supp. to Ves. Jr. 289; 1 Chit. Pr. 89, 90; 1 Ves. Jr. 63; Hamm. on Parties, 182; 3 Ves. 212; 1 Yeates, 101; 2 Dall. 142; Ayl. Pand. 296; Wesk. Ins. 260; GRAFT. A figurative term which has obtained in chancery practice, to designate the right of a mortgagee in premises, to which the mortgagor at the time of making the mortgage had an imperfect title, but who afterwards obtained a good of title. In this case the old mortgage themselves are sworn, as it scarcely is considered a graft into the old ever happens that all who are sumstock, and as arising in consideration moned are in attendance. The grand of the former title. 1 Ball & Beat. jury cannot consist of less than 46; Ib. 40; Ib. 57; 1 Pow. on twelve, and from fifteen to twenty Mortg. 190. The same principle are usually sworn. Being called in has obtained legislative enactment the jury-box, they are usually perin Louisiana: If a person contract-mitted to select a foreman whom the ing an obligation towards another, court appoint, but the court may says the Civil Code, art. 2371, grants exercise the right to nominate one a mortgage on property of which he for them. The foreman then takes is not then the owner, this mortgage the following oath or affirmation, shall be valid, if the debtor should namely:-"You, A B, as foreman ever acquire the ownership of the of this inquest for the body of the property, by whatever right. do swear (or affirm) GRAIN, weight, is the twenty-that you will diligently inquire, and fourth part of a penny-weight. true presentments make, of all such GRAIN, corn, signifies wheat, articles, matters and things as shall rye, barley, or other corn sown in be given you in charge, or otherwise the ground. In Pennsylvania a come to your knowledge touching tenant for a certain term is entitled the present service; the commonto the way-going crop. 5 Binn. 289, wealth's counsel, your fellows and 258; 2 Binn. 487; 2 Serg. & your own, you shall keep secret; you Rawle, 14. shall present no one for envy, hatred, GRAND JURY, practice. The or malice, nor shall you leave any grand jury is a body of men, consist- one unpresented for fear, favour, ing of not less than twelve nor more affection, hope of reward or gain; but than twenty-three, taken at stated shall present all things truly, as they periods, from the mass of citizens come to your knowledge, according residing in the proper county, in the to the best of your understanding, manner prescribed by law. A view (so help you God.)" It will be perof the important duties of grand ceived that this oath contains the juries will be taken, by considering, substance of the duties of the grand 1, the organization of the grand jury. The foreman having been jury; 2, the extent of its jurisdic- sworn or affirmed, the other grand tion; 3, the mode of doing business; 4, the evidence to be received; 5, their duty to make presentments; 6, the secrecy to be observed by the grand jury. jurors are sworn or affirmed, according to this formula ::-"You and each of you do swear (or affirm) that the same oath (or affirmation) which your foreman has taken on his part, 1. Of the organization of the you and every one of you shall well grand jury.-The law requires that and truly observe on your part." twenty-four citizens shall be sum- Being so sworn or affirmed, and moned to attend on the grand jury, having received the charge of the but in practice, not more than twenty- court, the grand jury are organized, three are sworn, because of the and may proceed to the room proinconvenience which else might arise, vided for them to transact the busiof having twelve, who are sufficient ness which may be laid before them. to find a true bill, opposed to other 2. The extent of the grand jury's twelve who might be against it. jurisdiction. Their jurisdiction is Upon being called, all who present co-extensive with that of the court for which they inquire, both as to the offences triable there, and the territory over which such court has jurisdiction. 3. The mode of doing business.The foreman acts as president, and the jury usually appoint one of their number to perform the duties of secretary. No records are to be kept of the acts of the grand jury, except for their own use, because, as will be seen hereafter, their proceedings are to be secret. Being thus prepared to enter upon their duties, the grand jury are supplied with bills of indictment by the attorney-general against offenders. On these bills are endorsed the names of the witnesses by whose testimony they are supported. The witnesses are in attendance in another room, and must be called when wanted. Before they are examined as to their knowledge of the matters mentioned in the indictment, care must be taken that they have been sworn or affirmed. For the sake of convenience they are generally sworn or affirmed in open court before they are sent to be examined, and when so qualified, a mark to that effect is made opposite their names. that they are ignorant whether the person accused committed the offence charged in the bill, which is expressed by the foreman endorsing on the bill "ignoramus," signing his name as before, and dating the time. 4. Of the evidence to be received. In order to ascertain the facts which the jury have not themselves witnessed, they must depend upon the statement of those who know them, and who will testify to them. When the witness, from his position and ability, has been in a condition to know the facts about which he testi fies, he is deserving of implicit confidence; if, with such knowledge, he has no motive for telling a false or exaggerated story, has intelligence enough to tell what he knows, and gives a probable account of the transaction. If, on the other hand, from his position he could not know the facts, or if knowing them, he distorts them, he is undeserving of credit. The jury are the sole judges of the credit and confidence to which a witness is entitled. Should any member of the jury be acquainted with any fact on which the grand jury are to act, he must, before he testifies, be sworn or af fimed, as any other witness, for the law requires this sanction in all In order to save time, the best practice is to find a true bill, as soon as the jury are satisfied that the defen-cases. dant ought to be put upon his trial. It is a waste of time to examine any other witness after they have arrived at that conclusion. Twelve at least must agree, in order to find a true bill; but it is not required that they should be unanimous. Unless that number consent, the bill must be ignored. When a defendant is to be put upon his trial, the foreman must write on the back of the indictment As the jury are not competent to try the accused, but merely to inves tigate the case so far as to ascertain whether he ought to be put on his trial; they cannot hear evidence in his favour; their's is a mere preliminary inquiry; it is when he comes to be tried in court that he may defend himself by examining witnesses in his favour and showing the facts of the case. |