The Cyclopedic Law Dictionary

In equity. A term used to designate the right of a mortgagee in premises to which the mortgagor at the time of making case the new mortgage is considered a graft into the old stock

The twenty-fourth part of a pennjrweight. For scientific purposes the grain only is used, and sets of weights are constructed in decimal progression, from ten thousand grains to on

In English law. The name of an ancient duty collected in London, consisting of one-twentieth part of the salt imported into that city. GRAMMATICA FALSA NON VITIAT chartam. False gr

A French weight. The gramme is the weight of a cubic centimetre of distilled water at the temperature of zero. It is equal to 15.4441 grains troy, or 5.6481 drachms avoirdupois. GR

An extraordinary trial by jury, instituted by Henry II., by way of alternative offered to the choice of the tenant or defendant in a writ of right, instead of the barbarous custom

In Elnglish law. The name of an instrument used for the transfer of a ship while she is at sea. See "Bill of Sale"; 7 Mart. (La.) 318.

In English law. A writ judicial which lieth when a man has brought a praecipe quod reddat, of a thing that original, then this writ shall go for the king, to take the land into the

The children of one's children. Sometimes these may claim bequests given in a will to children, though, in general, they can make no such claim. 6 Coke, 16. See "Child"; "Construct

Two collections of laws bore this title. One, also called the "Coutumier of France," is a collection of the customs, usages, and forms of practice which had been used from time imm

In English practice. Those days in the term which are solemnly kept in the inns of court and chancery, viz.. Candlemas Day in Hilary term. Ascension Day in Easter term, St. John th

In English practice. A process which formerly issued where the defendant, after being attached, neglected to appear; its object being to compel an appearance by distraining his goo

In practice. A body of men, consisting of not less than twelve nor more than twenty-four, respectively returned by the sheriff of every county to every session of the peace, oyer a

^At Common Law. Simple larceny was divided into grand and petit. The former was committed by the stealing of property exceeding twelve pence in value; the latter, when the property

In English law. A species of tenure in capite, by certain personal and honorable services to the king, called "grand" in respect of the honor of so serving the king. Instances of s

A barn or granary; other outbuildings used in husbandry.

or GRANGEARIUS. A grange keeper.

At Commbn Law. A transfer by deed of that which cannot pass by livery. Williams, Real Prop. 149. A grant was proper to transfer an incorporeal hereditament or a reversion or vested

BARGAIN, AND SELL. Words used in instruments of conveyance of real estate. See "Construction"; 8 Barb. (N. Y.) 463; 32 Me. 329; 1 T. B. Mon. (Ky.) 30; 1 Conn. 79; 5 Tenn. 124; 2 Bi

He to whom a grant Is made.

A method of transferring personal property, distinguished from a gift by being always founded on some consideration or equivalent. 2 Bl. Comm. 440, 441. Its proper legal designatio

He by whom a grant is made.

This is common grant, with uses superadded, and has become the favorite mode of transferring realty. Wharton.

In old English law. Noblemen. of tenants' doing one day's work for their landlord.

In feudal law. A fine paid on transfer of a copyhold.

A reward given voluntarily for some service or benefit rendered, without being requested so to do, either expressly or by implication. GRATIS (Lat.) Without reward or consideration

Without valuable or legal consideration. A term applied to deeds of conveyance. In Old English Law. Voluntary; without force, fear, or favor. Bracton, fols. 11, 17.

In civil law. One the object of which is for the benefit of the person with whom it is made, vrithout any profit, received or promised, as a consideration for it; as, for example,

In old deeds, a little wood. In old English law, a grove; a small wood; a coppice or thicket. A thick wood of high trees. Co. Litt. 4b. Cowell; Blount; Spelman. GRAVAMEN (Lat.) The

An inn of court. See "Inns of Court."

In English law. All manner of beasts, except sheep and yearlings. 2 Ro Ue, 173.

See "Magna Charta."

The name of an act of the liam Penn, December 7, 1682. Sergeant, Land Laws Pa. 24, 230.

By act of union (article 24) it was provided that there should be one great seal for the United Kingdom, to be used In sealing writs, to summon parliament, foreign treaties, etc.,

In eccleciastical law. The more valuable tithes; as, corn, hay, and wood. 3 Burn, Ecc. Law, 680, 681; 3 Steph. Comm. 127.

Satisfaction for an offense committed, or injury done. Cowell.

The term greenback Is the popular and almost exclusive name applied to all United States treasury issues, and is not applied to any other species of paper currency. 23 Ind. 23. 6RE

An English board or court of justice, composed of the lord steward and inferior officers, and held in the royal household. So named from the cloth upon the board at which it is hel

A slang term for counterfeit money. Usually used in connection with a swindle whereby, under a pretense of selling counterfeit money, some worthless substance is palmed off on the

A feudal custom in the manor of Writtel, in Essex, where every tenant whose front door opens to Greenbury shall pay a half -penny yearly to the lord, by the name of "green silver"

In English law. The name sheriff under the seal of that court, which is made with green wax.

The time from which the Gregorian calendar or computation dates, i. €.,■ from the year 1582.

In Spanish law. The union of merchants, artisans, laborers, or other persons who follow the same pursuits, and are governed by the same regulations. The word "guild," in English, h

GRESSAME, GRESSUM, or grossome (Scotch, grassum). In old English law. A fine due from a copyholder on the death of his lord. Plowd. fols. 271, 285; 1 Strange, 654. Cowell derives i

MARRIAGE. A marriage celebrated at Gretna, in Dumfries (bordering on the county of Cumberland), in Scotland. By the law of Scotland, a valid marriage may be contracted by consent a

(L. Lat.) In old records. The sea-shore, sand or beach. 2 Mon. Angl. 625. Cowell.

(Law Fr.) To hurt or harm. Britt. c. 22. To prejudice or injure. Id. cc. 28, 39.

Aggrieved. 3 East, 22.

In old E^iglish law. A merchant or trader who engrossed all vendible merchandise; an engrosser. St. 37 Edw. III. c. 5. See "Engrosser."

Great or large; whole or entire; amount; the sum total; without deduction of any kind. 246 111. 209.

In maritime law. A maritime or bottomry loan. It is so called because the lender exposes his money to the perils of the sea, and contributes to the gross or general average. Poth.;

In maritime law. That kind of average which falls on the ship, cargo, and freight, and is distinguished from "particular average." See "Average."

Great or large wood; timber. Cowell. GROSSEMENT (Law Fr.) Largely;

The omission of that care which even inattentive and thoughtless men never fail to take of their own property. Jones, Bailm. The want of slight diligence. 103 111. 523. Lata culpa,

See "Gressume."

The total weight of goods or merchandise, with the chests, bags, and the like, from which are to be deducted tare and tret.

In maritime law. The consideration paid for standing a ship in a port. Jacob.

In Scotch law. An annual rent of two kinds: First, the feuduties payable to the lords of erection and their successors; second, the rents reserved for building lots in a city, wher

The person to whom ground rent is reserved.

Rent paid for the privilege of building on another man's land. Johnson; Webster. A rent reserved by the owner of unimproved land upon a lease of the land to be built upon, as contr

By the English common-law procedure act of 1852 (chapter 121), "it shall not be necessary to issue any writ directed to the sheriff of the county in which the venue is laid, but wr

A rate paid in some places for the tithe of every fat beast, ox, or other unfruitful cattle. Rapalje & L.

The principal officers of a forest. Rapalje & L. 6UADIA, or WADIA. In old European law. A pledge. Spelman; Calv. Lex. A custom. Spelman.

He to whom a guaranty is made.

An undertaking to answer for another's liability, and collateral thereto. A collateral undertaking to pay the debt of another in case he does not pay it. Shaw, C. J., 24 Pick. (Mas

A guaranty or insurance against loss in case a person named shall make a designated default, or be guilty of specified conduct. 9 Am. & Eng. Enc. Law, 65, quoted in 174 111. 310.

One who legally has the care and management of the person, or the estate, or both, of a child during its minority. Reeve, Dom. Rel. 311. A person having the control of the property

A guardian appointed for the purposes of a suit. The appointment of such is incident to the power of every court to try a ease (2 Cow. [N. Y.] 430), and the power is then confined

See "Warden of the Cinque Ports."

A warden or conservator of the peace. Rapalje & L.

In English law. A person acting as overseer of a parish in matters relating to the management and relief of the poor.

In English ecclesiastical law. The person to whom the spiritual jurisdiction of a diocese is committed during the vacancy of the see. Cowell; Blount.

The person to whose custody a vacant see or abbey was committed by the king, who, as steward of the goods and profits there-, of, was to give an account to the escheator, and he in

The power of protective authority given by law, and imposed on an individual who is free and in the enjoyment of his rights, over one whose weakness on account of his age or infirm

or GARDIANUS. A guardian, warden, or keeper. Spelman; 3 Salk. 176.

In Spanish law. A term applicable to the contract or writing by which courts of justice are empowered to execute and carry into effect a contract in the same manner as if it were d

One who had the custody of the royal mansions. Rapalje & L. GUBERNATOR (Lat.) A pilot of a ship.

GUARRA, or GUERRE. War, either public or private. Spelman. GUERRILLA PARTY (Span, gu&rra, ■war; guerrilla, a little war). In military law. Self-constituted sets of arm^d men, in ti

A traveler who stays at an inn from day to day, for pay, and without a special contract to board for any definite time. If he is invited as a friend by the innkeeper, he is not a "

or GEST TAKER. An agister.

In old French law. Watch. Ord. Mar. liv. 4, tit. 6.

In Spanish law. A right of way for narrow carts. White, New Recop. lib. 2, c. 6, § 1.

In old law. That which was given for safe conduct through a strange territory, or another's territory. Cowell. The office of guiding of travelers through dangerous and unknown ways

The name of a treatise on maritime law, written in Rouen — ^then Normandy — in 1671, as is supposed. It was received on the continent of Europe almost as equal in authority to one

or GILD. A brotherhood or company governed by certain rules and orders made among themselves by king's license; a guild, the members pay an assessment, or tax (gild) towards defray

(Law Lat. gildhalla, variously spelled ghildhalla, guihalla, guihaula; from Saxon gild, payment, company, and halla, hall). A place in which are exposed goods for sale. Charter of

In criminal law. That which renders criminal and liable to punishment. That disposition to violate the law which has manifested itself by some act already done. The opposite of inn

The state or condition of a person who has committed a crime, misdemeanor, or offense. This word implies a malicious intent, and must be applied to something universally allowed to

The first of August, the same as St. Peter's Day ad Vincula. Cowell.

Gurges, a deep pit of water, a gors or gulf, consisteth of water and land; and therefore by the grant thereof by that name the soil doth pass. In Domesday it is called guort, gort,

GEST. (Sax.) In old English law. A guest; a person who lodged a second night with another was so called, among the ancient Saxons.

Jutes; one of the three nations who migrated from Germany to Britain at an early period. According to Spelman, they established themselves chiefly in Kent and the Isle of Wight. ab

Waif. Par. Ant. ell. on marriage local court of the hundred of Pathbew, in otherwise on her Warwickshire. GYLTWITE (Saxon). Compensation for place of execu- fraud or trespass. (Jra

A government in which a p. 196; Cow- woman holds, or is capable of holding, the position or chief executive. H is sometimes used in some Law Latin words in which it is more general

The statute of 31 Chas. II. c. 2. 3 Bl. Comm. 135; 3 Steph. Comm. 699. This statute has been adopted in substance in the United States. 2 Kent, Comm. 27. HABEAS CORPUS AD DELIBERAN

See "Habeas Corpus." HABEAS CORPUS AD TESTIFICANdum (Lat.) A writ which lies to bring up a prisoner detained in any jail or prison, to give evidence before any court of competent j

See "H'abeas Corpus ad Faciendum et Recipiendum."

CONFItentem reum. We have the best witness, a confessing defendant. Fost. Crim. Law, 243. See 2 Hagg. 315; 1 Phil. Ev. 397. HABENDUM (Lat. for having). In conveyancing. The clause

In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bracton, fol. 17b. HABENTES HOMINES (Lat.) Rich men. Du Cange. HABERE (Lat.) In th

A cloth of a mixed color, mentioned in Magna Charta, c. 26.

Have or take your effects to yourself. One of the old Roman forms of divorcing a wife. Calv. Lex. HABILIS (Lat.) Pit; suitable. 1 Sharswood, Bl. Comm. 436. Active; useful (of a ser