Gaol

(This word, sometimes written jail, is said to be derived from the Spanish jaulu, a cage (derived from cowla), in French g4ole, gaol. 1 M. & G. 222, note a.) A place for the confinement of persons arrested for debt or for crime and held in the custody of the sheriff. Webst. Diet 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.

See Day V. Breft, 6 Johns, (N. Y.) 22; 14 Viner, Abr. 9; Bacon, Abr.; Dane, Abr. Index; 4 Com. Dig. 619.

It may be used also for the confinement of witnesses; and, in general, now there is no distinction between a jail and a prison, except that the latter belongs to a greater extent of country; thus, we say a state’s prison or penitentiary and a county jail. Originally, a jail seems to have been a place where persons were confined to await further proceedings — e. g. debtors till they paid their debts, witnesses and accused persons till a certain trial came on, etc. — as opposed to prison, which was for confinement, as punishment.

See 2 Poll. & Maitl. 514, 518.

A gaol is an inhabited dwellinghouse, and a house within *the statutes against arson; 2 W. Bla, 682; 2 East, PI.

Cr. 1020; People v. Cotteral, 18 Johns, (N. Y.l 115; Stevens v. Com., 4 I^eigh. (Va.) 683, See Penitentiaby; Pbison.