A New Law Dictionary and Glossary

The father, and, on his death, the mother of a child. 1 £1. Com. 461. 2 Kent's Com. 219. This guardianship extends only to the custody of the person of the child, to the age of twe

or Testamentary Guardian. A guardian appointed for a child by the deed or last will of the father, and who has the custody both of his person and estate until the attainment of ful

The father, or, at his decease, the mother of a child. 2 Stepk. Com. 338. This kind of guardianship extends only to the person, and determines when the infant arrives at the age of

A species of guardian who has the custody of the infant's lands as well as of his person, until the age of fourteen. This kind of guardianship springs wholly out of tenure, and app

An officer appointed in England, to act in lieu of an overseer. Wharton's Lex.

Lat. A guardian, keeper, or warden. Spelman, voc. Guardia. 3 Salk. 176. More conounonly written Gardianus (q. v.)

Lat. [from Fr. garnement.] In old European law. A provision of necessary things. Spelman. A furnishing or garnishment.

Lat. In Roman law. The pilot or steersman of a ship. 2 Peters' Adm. Dec. Appendix, Ixxxiii. Molloy de Jur. Mar. 243.

Gtierpy. L. Fr. Abandoned; left; deserted. Britt. c. 33.

Guarra, Werra. L. Lat. [from Sax. gar, a weapon.] In old English law. War, either public or private. Spelman. In tempore guerra; in time of war. Mag. Chart, c. 30. Si tempore guerr

Gurre, Gtoer, Gere. L. Fr. War. Kelham.

Lat. [from guerra, war.] Of, or relating to war; warlike; hostile. Spelman, voc. Guerra.

or GIST TAKER. In old English law. An agister. See Agistator.

GUYDAGE. [L. Lat. guidagium.] In old law. That which was given for safe conduct through a strange territory, or another's territory. Cowell. The office of guiding of travellers thr

An old French work on insurance, more commonly known as Le Chidon, (q. V.) GUIFARK Guii^re, Muifare, Wi-

Lat. A keeper, or protector. See injfra. A guardian. Bract, fol. 87, 161. Co, Litt. 76 a.

Lat. In English practice. Keeper of the writs. A principal clerk belonging to the courts of king's Bench and Common Pleas, whose office was to receive and keep all the writs, retur

Lat. In English ecclesiastical law. Keeper of the temporalities. He to whose custody a vacant see or abbey was committed by the king, as supreme lord; who, as a steward of the good

WILLIAM. Dear Sir,— I am sensible of a peculiar propriety in dedicating to you the following work. It embodies labors which received their earliest impulse and direction under you,

Lat. To discuss and give advice. 1 Bl. Com. 168.

) In equity practice. A commission issuing out of chancery, auliiorizing certain persons to inquire whether a person represented to be a lunatic, be so or not; in order that, if he

leoond Lat Latin. Latino-barb, barbarous Latin; Latin of the lower empire or middle ages. Latino-Gr. Latin-Greek, Latin in Greek letters, lib. (liber,) book, liv. (livre,) book. Lo

Bailey's R. Bailey's (S. C.) Reports. Baldw. R. Baldwin's Circuit Court Reports. Barbour's Chanc. Pr. Barbour's Chancery Practice. Barr. Obs. Stat. Barrington*s Observations on the

Fridwite, Frithwite. Sax. [from fred or frith, peace, and wite, a fine.] In Saxon law. A sum of money paid to obtain peace, or exemption from prosecution. The same as fredum, (q. v

Lat. [from cestimare, to value; L. Fr. cestims.^ Valuation, rating, consideration. Cerpo* hamanaai, [libernnt cerp«tt,l nea reciplt Kstimatieaeai. The human body, [the body of a fr

[L. Lat. capitalis justitiarius, justiciarius, justicia.] In old English law. A high judicial officer and special magistrate, who presided over the aula regis of the Norman kings,

\L. Lat. esc<Btor; L. Fr. eschetor, eschetour.j An ancient officer, appointed by the lord treasurer in every county in England, to look after the escheats which fell due to the kin

Lat. (That the bill be quashed.) In practice. The form of the judgment i^r the defendant on a plea in abatement, where the action was commenced by bill, {billa.) 3 BL Com, 303. Ste

A covenant which goes with the land, [conveyed by the deed in which it is expressed,] as being annexed to the estate, and which cannot be separated from the land, and transferred w

[L. Lat. curialitas, curialitas Anglicana; lex Anglios; curtesia: L. Fr. curtesie Dengleterre,] An estate to which a man is by law entitled, on the death of his wife, in the lands

on the relation. A term used in the titles of legal proceedings, which are prosecuted by the people, on the relation or mformation of the aggrieved party, who is called the relator

A condition not expressed in words, but implied by law; a tacit condition, (conditio tacita). Bract, fol. 47. As if a grant be made to a man of an office generally, without adding

[L. Lat. consiliarius, consiliarius in lege; L. Fr. conseiller.'\ In practice. A person whose occupation and office are to give counsel or advice as to the management of suits and

Fr. A ■ church " warden, (q. V.) Cowell. GUARDIAN (or GARDEYNE) OF

Preve. L.Lat. A writ for sending the transcript of the foot of a fine leyied. Reg, Orig, 169.

A collection of the laws and ducal customs of Normandy, composed about A. D. 1229, in the reign of Henry III. of England. Hale's Hist. Com. Law, c. 6. This, from its high antiquity

4 Steph. Com. 103, note (t). Chance medley is distinguished by Blackstone from homicide per infortunium, or by misadventure, (4 Bl. Com. 182;) tliouffh the terms seem to be confoun

A high court, formerly held in England by the steward and marshal of the king's household, having jurisdiction of all actions against the king's peace within the bounds of the hous

Lat. An exception or plea of money not paid; a defence allowed a party where he was sued on a promise to repay money that he had never received. InsL 4. 13. 2. See Pecunia non nume

<fec. See De clerico capto, <bc.

Lat. Absolute and direct, (or right) ownership. 2 Bl. Com. 105. Co, Litt. 1 b. See Directum, Dominium.

Lat. To divine; to conjecture or guess; to foretell. Divinatio; a conjecturing or guessing. Nemo tenetur divinare. No man is bound to divine; that is, to have foreknowledge of a fu

Breve. L. Lat. Writ for taking cattle in withernam. A writ which lay where the sheriflF returned to a plurtes writ of replevin, that the cattle or goods, <fec., were eloined, Ac.;

Lat. Concerning things thrown into the sea, for the purpose of lightening a ship. A title of the civil law. Inst. 2. 1. 47.

Lat. [L. Fr. excepcion pur bre/e abatre.] In old pleading. An exception or plea to overthrow or abate the writ; a plea in abatement. Bract, fol. 413. Britt. c. 48. Stepk. PI. Appen

Breve. L. Lat. An ancient writ by which the king commanded the justices in eyre, to admit a persons claim by attorney, who was employed in the king's service, and could not come in

In practice. A commission issued out of, and tmder the seal of the court in which an action is pending, to obtain the testimony of persons not residing within the jurisdiction of t

Breve. L. Lat. A writ respecting identity of name. A writ which anciently lay for one who was taken and arrested in any personal action, and committed to prison for another of the

[L. Lat. ceriificatio assises wyvm disseisinaiJ] In old English practice.* A writ formerly granted for the re-exammation or review of a matter passed by assise before any justices,

The most important species of guardian in modem law, having custody of the infant until the attainment of full age. It has in England in a manner superseded the guardian in socage,

Sax. [from child, and wite, a fine.] In Saxon law. The right which a lord had of taking a fine of his bondwoman gotten with child without his license. Termes de la ley. Cowell. Or,

Lat. From time to time, and at all times. Totpns. PI. 17.

or Old Nat. Brev. Old Natnra Brevium. O'Brien's Mil. Law. O'Brien's Military Law. OAto R. Ohio Reports. Onvphr. de Interp. Voc. Eeelts. Onuphrius de Interpretatione V ocum Eoolesii

Lat. Contrary to the prohibition of a new work; contrary to the law prohibiting the erection of a new building. A phrase supposed to be derived from the title J)e novi operis nunti

In English law. That portion of the effects of a deceased person which, by the custom of London andf York, is allowed to the administrator; being, where the deceased leaves a widow

In practice. A form of personal action ex delicto, less ancient than the other forms, invented under the authority of the statute of Westminster 2, (13 Edw. I.) c. 24, as a remedy

Breve. L. Lat. An old writ which lay /or the apprehension of one who had taken the king's prest money to serve in the war, and hid himself when he should go. Beg. Orig. 24 b. Bloun

Breve, L. Lat. A writ which lay for the release of one imprisoned for a re-disseisin, on payment of a reasonable fine. Reg, Grig. 222 b.

Decemcsdosolei. Bract, fol 35, C-^DUA. Lat. [from ccedere, to cut.] In the civil and old common law. Kept for cutting; intended or used to be cut. A term applied to wood. Silva cse

or PYPOWDERS. [L. Lat. wria pedis pulverizati,'] A court of record in England, incident to every fair and market, of which the steward of him who owns or has the.toll of the market

An estate granted, either in fee simple or otherwise, with an express qualification annexed, whereby the estate granted shall either commence, be enlarged, or be defeated, upon per

Lat. Of the goods of the testator, [in the hands of an executor defendant,] if, [he have so much thereof in his hands to be administered,] and if not, the costs to be levied/] of t

Lat. Clerks of the first form or rank. The chief clerks of chancery, who acted as the chancellor's assistants, (collaterals et socii cancellarii,) in the framing of writs in consim

Lat By the signature, or sign manual of the prince, or emperor. The mode of excusing casual homicide in the impetiallaw. Cod. 9. 16. 6. 4 Bl. Com. 181.

Breve. L. Lat. A writ prohibiting the taking of fines for beau pleider. Reg. Grig. 179. See Beaupleader» DE FINE PRO REDISSEISINA CA-

In old English lair. A duty, work or service of mowing grass, or cutting meadow land, required by a lord from his customary tenant. Consuetudo falcandi qua vacatur gavelmed. Somner

Lat. [L. Fr. de son tort demesne sans tiel cause.] Of his own wrong, without such cause. Formal words of traverse, used in replications in actions of trespass, and more compendious

[L, Lat. barrasterius, from barra, a bar, q. v.] In English practice. One who appears at the bar of a court, in discharge of his duty as an advocate; one called to the bar {ad barr

) [L. Lat. corpus corporatum.] A corporation; so called because the persons composing it are made into a body. Co, Litt. 250 a. Said to be the most correct as well as the earliest

USED A. GelL Noet. Alt, Auli Gellii Nootes Attioe. A. K. Mmr9h. A. K. Mai'shall's Kentucky Reports. Abb, on Ship. Abbott on Shipping. Adamt Rom. Ant. Adam's Roman Antiquities. Ad.

[L. Lat. conservator indi Lciarum et salvorum regis conductuum.'\ An officer anciently appointed in every port in*England, whose duty was to inquire of all ofifences done against t

Lat. Out of special grace, certain knowledge and mere motion. Formal words anciently used in royal charters and letters patent; otherwise expressed, De gratia speciali, ex certa sd

Lat. Of special grace, certain knowledge, and mere motion. 2 Bl. Com. 847. 6 Peters* R, 738. See Ex gratia speciali, &c.

Append. No. viL

See Commissioners of sewers,

Lat. The action did not accrue within six years. The emphatic words of the old plea of the statute of limitations, hterally translated in the modem forms, and retained as the disti

Brwe. L. Lat. An old writ which lay U> seize goods in the hands of a party during the pendency of a suit, to^6vent their being made away with. Beg. Orig. 126 b. DE ARRESTANDO IPSUM

Lat. Of those who are to be put on assises. The title of a statute passed 21 Edward I., defining the qualifications of jurors. Cra Ws Hist. Eng. Law, 1 67, 1 89. 2 Beeves' Hist 184

In practice. Persons who undertake jointly and severally in behalf of a defendant arrested on mesne process in a civil action, that if he be condemned in the action, he shall pay t

ET MERO MOTU. L. Lat. Of special grace, certain knowledge and mere motion. Formal words used in royal grants and patents; de gratia speciali, showing the favor and bounty of the so

Breve. L. Lat. Writ to send the record and process of a cause to a superior court; a species of writ of error. Reg. Orig. 209.

See Conservator of the peace. GUARDIAN OF THE CINQUE

Stephen to the definition of Blackstone, that it takes no sufficient notice of the mvtuality of a contract, has apparently more weight; although, from Biackstone's own analysis of

Lat. The statute of ells and perches. The title of an English statute estab Ushing a standard of measures. 1 Bl. Com. 276.

Lat. Articles on the New Tales. The title- of a small treatise on the method of pleading, subjoined to the collection called NovcB Narratumes. 3 Beeves* Hist, E,%aw, 152.

To take out a forfeited recognizance from the records of a court, and return it to the court of exchequer, to be prosecuted. See Estreat.

Lat. (We have given the power of receiving an attorney.) In old English practice. The name of a writ or commission from the crown, directed to the judges of a court, authorizing th

Lat. And of this he puU himself upon the country. The old conclusion of a plea in bar by way of traverse. Literally translated in the modem forms. See Conelusiofi to the country. E

) The books or customs of fiefs. A compilation of feudal law made about A. D. 1150, (or 1170, according to some,) at Milan, in Lombardy. It is the most ancient work on the subject,

Lat. And this he prays may be inquired of by the country. The conclusion of a plaintiff's pleading, tendering an issue to the country. 1 Salk. 6. Literally translated in the modem

Breve, L. Lat. Writ to abstain from levying the expenses of knights. A writ prohibiting the sheriff from levying any allowance for knights of the shire upon those that held in anci

Breve. L. Lat. Writ for making execution in withernam. Reg. Grig. 82 b. A species of capias in vnthernam.

Breve, L. Lat. Writ for taking a man in withernam. A writ that anciently lay to take in withernam him that had taken any bondman or woman, and led him or her out of the county, so

In practice. Terms anciently used to designate actions commenced by original bill, as distinguished from those commenced by original writ, and applied in modem practice to suits co

[L. Lat. brevia clausa.] In English practice. Writs directed to the sheriff, as distinguished from those which were directed to the lord, which were called patent. 3 Beeves* Mist.