The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 249 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
- Gabeldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
GAFOL, or GAVEL. A tax, imposition, or duty. This word is said to have the same signification that gabelle formerly had in France. Cunningham. But this seems to be an error; for ga
In old European law. A tax or duty on merchandise or personalty. Spelman; Cowell. A tax on salt in France. Spelman; Brande.
GABULUM, or GABULA. The gable end of a building. Kennett, Par. Ant. p. 201; Cowell. A tax. Du Cange.
Rent paid In money. Seld. Tit. Hon. 321.
or GAFFOLDGILD. The. payment of rent or income. Gafolgild, payment of such rent, etc. Gafolland was land liable to tribute or tax (Cowell); or land rented (Saxon Diet.). See Tayl.
- Gagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
or GAGER (Law Lat. vadium). Personal property placed by a debtor in possession of his creditor as a security for the payment of his debt; a pledge or pawn (g. v.). Glanv. lib. 10,
ESTATES IN. Estates held in security, of which mortgages are the most common example.
When he who has distrained, being sued, has not delivered the cattle distrained, then he shall not only avow the distress, but gager de- G
- Gager Del Leydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
Wager of law,
Profits. A mutual insurance company is an association for the purpose of "gain"; the reduction of a loss being a gain. 51 L. J. Ch. Div. 344.
- Gainagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Wainage, or the draught oxen, horses, wain, plough, and furniture for carrying on the work of tillage. Also, the land tilled itself, or the profit arising from it. Old Nat. Brev. f
- Gainerydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Tillage, or the profit of tillage. Blount. GAJUM (from gagium). In old European law. A thick wood. Spelman.
In English law. The right to open and work a mine within the hundred of St. Briavels, or a stone quarry within the open lands of the forest of Dean, in Gloucestershire. The peculia
A galley. Spelman.
In old Scotch law. A kind of compensation for slaughter. Bell, Diet.
or GALLI HALFpence. A kind of coin which, with suskins and doitkins, was forbidden by St. 3 Hen. V. c. 1, 4 Bl. Comm. 99; 3 Reeve, Hist. Eng. Law, 261.
- Gallowsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
An erection on which to hang criminals condemned to death. GAM ACTA (Law Lat.) In old European law. A stroke or blow. L. Boior, tit. 2, c. 4; Spelman. GAMALIS (Law Lat.) In old Eur
One in which the parties in effect stipulate that they shall gain or lose upon the happening of an uncertain event in which they have no interest except that arising from the possi
or GAMING DE- The game played, the intangible result of the device, is to be distinguished from the device. Thus, the game of poker is not a "gambling device," 2 Orig. 238,
A policy of life insurance issued to one as beneficiary who has no interest in the life of the insured.
- Gamedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Birds and beasts of a wild nature, obtained by fowling and hunting. Bac. Abr. See 11 Mete. (Mass.) 79. All sorts of birds and beasts that are objects of the chase. Wharton, Sports.
Laws regulating the killing or taking of birds and beasts, as game. The English game laws are founded on the idea of restricting the right of taking game to certain privileged clas
- Gamingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A contract between two or more person Sf by which they agree to play by certain rules at cards, dice, or other contrivance, and that one may be the loser, and another the winner. T
Houses kept for the purpose of permitting persons to gamble for money or other valuable thing. They are nuisances in the eye of the law, being detrimental to the public, as they pr
In Spanish law. Property held in 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
That which husband and wife, living together, acquire during matrimony, by a common title, lucrative or onerous; or those which husband and wife or either acquire by purchase, or b
Ofiicers in ancient times, whose business it was to examine weights and measures. Skene de Verb. Sign.
The time when the bounds of the parish are lustrated or gone over by the parish officers, — rogation week. Enc. Lond.; Rapalje & L.
A military punishment, in which the criminal running between the ranks receive? a lash from each man. Enc. Lond. This was called "running the gauntlett," the word itself being pron
- Gaoldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
This word, now generally written "jail" is said to be derived from the Spanish jaula, a cage (derived from caula); in French, geole, gaol. 1 Man. «& G. 222, note (a). A prison or b
- Gaolerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
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 m
or GAOL LIMITS. A space, marked out by limits, which is considered as a part of the prison, and within which prisoners are allowed to go at large on giving security to return. Owin
or GARANTIA (Law Lat.) A warranty. Spelman. GARATHINX (Lomb.) In old Lombardic law. A gift; a free or absolute gift; a gift of the whole of a thing. Spelman.
- Garauntordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A warrantor or vouchee, who is obliged by his warranty {garaurvtie) to warrant (garaunter) the title of the warrantee (garaunte), that is, to defend him in his seisin, and if he do
In old English statutes. To sort or cull out the good from the bad in spices, drugs, etc. Cowell; Blount.
An ancient officer in the city of London, who might enter into any shop, warehouse, etc., to view and search drugs and spices, and garble and
A ward of a city.
Custody; ward; care or keeping.
- Gardeindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A guardian. Britt. c. 35, 81. Used as an English word in Co. Litt. 38b.
A piece of ground appropriated to raising plants and flowers. A garden is a parcel of a house, and passes with it. 2 Coke, 32; Plowd. 171; Co. Litt. 5b, 56a, 56b. But see P. Moore,
- Garnishdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In English Law. Money paid by a prisoner to his fellow prisoners on his entrance into prison. To warn. To garnish the heir is to warn the heir. Obsolete. In Practice. To attach by
- Garnisheedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. 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 who has had notice of such a
- Garnishmentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In Old Practice. 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 practi
- Garnisturadefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. Garniture; whatever is necessary for the fortification of a city or campj or for the ornament of a thing. 8 Rymer, 328; Du Cange; Cowell; Blount.
In old English law. An amerciament or fine. Cowell. See "Gressume"; "Grossome"; "Gersume."
See "Knights of the Garter."
- Garthdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)
In English Law. A yard; a little close or homestead in the north of England. Cowell; Blount. A dam or wear in a river, for the catching of fish. Id.
In old Scotch law. Warder. 1 Pitc. Crim. Tr. pt. 1, p. 8.
Gasachms. (L. Lat.) In old European law. An adversary in a cause. L. Salic, tit. 52, § 2. Spelman.
A steward or bailiff. Spelman. Also applied to higher officers, as a governor of a city. In the book of feuds it seems to have been used in the sense of "warden." GASTINE (Law Fr.)
Double commons. A term used in the English universities. Wharton. GAUGEATOR (Law Lat.) In old English law. A ganger or gager. Cowell.
An officer appointed to examine all tuns, pipes, hogsheads, barrels, and tierces of wine, oil, and other liquids, and to give them a mark of allowance, as containing lawful measure
- Gaveldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)
In old English law. Tribute; toll; custom; yearly revenue, of which there were formerly various kinds. Jacob; Tayl. Hist. Gavelkind, 26, 102. See "Gabel."
In English Iaw._ Rent re-
A certain meastire of rent ale. Cowell.
- Gaveletdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A customary process, whereby the lord of lands in gavelkind might seize the land in the nature of a distress, to be returned to the tenant in case he paid the rent. Crabb, Hist. En
- Gavelhertedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A customary service of ploughing. Du Cange.
- Gaveling mendefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Tenants who paid a reserved rent, besides some customary duties to be done by them. Cowell.
- Gavelkinddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The tenure by which almost all lands in England were held prior to the Conquest, and which is still preserved in Kent. All the sons of a tenant of gavelkind lands take equally, or
An officer of the English crown having the general management of the mines, pits, and quarries in the forest of Dean and hundred of St. Briavels, subject, in some respects, to the
A tenant who is liable to tribute. Somn. Gavelkind, p. 33; Blount. Gavelingmen were tenants who paid a reserved rent, besides customary service, Cowell.
- Gavelmeddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A customary service of mowing meadow land or cutting grass (consuetudo faleandi). Soran. Gavelkind, Append.; Blount. bid or command of the lord. Somn. Gavelkind, 19, 21; Cowell.
or GAVELWEEK. A customary service, either manuopera, by the person of the tenant, or carropera, by his carts or carriages. Phill. Purv.; Blount; Somn. Gavelkind, 24; Du Cange.
(L. Fr.) Plough tackle, or implements of Husbandy; wainage, Kelham.
- Gazettedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The official newspaper of the English government. It is published twice each week, and contains all the acts of state and proclamations, and also dissolutions of partnership and no
or GEBURSCRIPT. Neighborhood or adjoining district. Cowell.
- Geburusdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A country neighbor; an inhabitant of the same geburscip or village. Cowell. GELD (from Saxon gildan; Law Lat. geldum). A payment; tax; tribute. Laws Hen. I. c.
In medical jurisprudence. Concealment of pregrnancy or delivery. Dungl. Med. Diet.
or GEMOTE. (Saxon, from gemettand, to meet or assemble; Law Lat. gemotum). An assembly; a mote or moot, meeting, or public assembly. The folcgemot, or general assembly of the peopl
The summary history or table of a house or family, showing how the persons there named are connected together.
The head of a family. Rapalje & L. GENEATH (Saxon.) In Saxon law. A villein, or agricultural tenant {villanus villicus); a hind or farmer; (firmarius rusticus). Spelman. GENER (Lat
One who Is appointed to administer the whole estate, without any limit of time or place or of the subject matter. Special Executor. One who is appointed or constituted to administe
The entry of a general prayer and allowance of time to plead till the next term, without reserving to the defendant the benefit of any exception, so that after such an imparlance t
The son of a gentleman. Generally abbreviated "gen fil."
- Generosusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Gentleman; a gentleman. Spelman.
A degree of consanguinity; Spelman. GENS (Lat.) In Roman law. A union of families, who bore the same name, who were of an ingenuous birth (ingenui), none of whose ancestors had bee
In Roman law. The members of a gens or common tribe.
- Gentlemandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In English law. A person of superior birth. According to Sir Edward Coke, he is one who bears coat armor, the grant of which adds gentility to a man's family. The eldest son had no
- Gentlewomandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
An addition formerly appropriate in England to the state or degree of a woman. 2 Inst. 667.
- Genuinedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
Not spurious or counterfeit. Used in relation to a written instrument, it does not cover either the authority (149 N. QERECHT8B0DE (Belg.) In old New York law. A court messenger or
- Gerefadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Reeve, {q. v.)
Bearing. Gerens datum, bearing date. 1 Ld. Raym. 336; Hob. 19.
- Germandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Whole or entire, as respects genealogy or descent; thus, "brother german" denotes one who is brother both by the father's and mother's side; "cousins german," those in the first an
In civil law. Officers appointed to manage hospitals for poor old persons. Clef des Lois Rom. "Administrateurs."
In the civil law. An institution or hospital for taking care of the old. Calv. Lex. Their managers are called "gerontocomi."
In old English. Fineable, or liable to be mulcted, fined, or amerced at the discretion of the lord. Cowell. GERSUME (Saxon.) In old English law. Expense; reward; compensation; weal
GUST or GESTE. In Saxon law. A guest.
See "Period of Gestation." GESTIO (Lat.) In civil law. The doing or management of a thing. Negotiorum gestio, the doing voluntarily without authority business of another. De neg. g
Behavior as as by taking possession of title deeds, receiving rents, etc. Bell, Diet.
- Gestordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In civil law. One who acts for another, or transacts another's business. Calv. Lex. GESTUM (Lat.) In Roman law. A thing done; a transaction. Strictly, a thing done vdthout words, a
In old Scotch law. Gaolers. 1 Pitc. Grim. Tr. pt. 2, p. 234.
In Saxon law. The ancient convention of the people to decide a cause. Laws Aethel. c. 1. GEWITNESSA (Saxon). In Saxon and old English law. The giving of evidence. Laws Aethel. c. 2
- Gewritedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
In Saxon law. Deeds or charters; writings. 1 Reeve, Hist. Eng. Law, 10.
- Giftdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance, so that a feoffment or grant
A stream of water. Blount.
- Gift Enterprisedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A scheme whereby gifts or premiums are distributed among the patrons of a business establishment, either the value of the premium, or the persons who shall receive the same, being
In Swedish law. He who has a right to dispose of a woman in marriage. This right is vested in the father, if living; if dead, in the mother. They may nominate a person in their pla
- Gilddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
See "Guild."
See "Geldable."
See "Guildhall." GILDA MERCATORIA (Law Lat.) A mercantile meeting. If the king once grants to a set of men to have gildam mercatoriam, a mercantile meeting or assembly, this is alo