Gaol

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 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 6 Johns. (N. Y.) 22; 14 Viner, Abr. 9; Bac. Abr.; Dane, Abr. Index; 4 Comyn, Dig. 619. See "Jail." all prisoners, a patent, in the nature of a letter, is issued from the king to certain persons, appointing them his justices, and authorizing them to deliver his gaols. See "General Gaol Delivery."

(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.

A prison for temporary confinement; a jail; a place for the confinement of offenders against the law. There is said to be a distinction between "gaol" and "prison ;" the former being a place for temporary or provisional confinement, or for the punishment of the lighter offenses and misdemeanors, while the latter is a place for permanent or long-continued confinement, or for the punishment of graver crimes. In modem usage, this distinction is commonly taken between the words "gaol" and "penitentiary," (or state's prison,) but the name "prison" is indiscriminately applied to either.

— Gaol liberties, gaol limits. A district around a gaol, defined by limits, within which prisoners are allowed to go at large on giving security to return. It is considered a part of the gaol.

— Gaoler. The master or keeper of a prison; one who has the custody of a place where prisoners are confined.

A place of confinement or safe keeping, as a prison, from which, however, it seems tinguishable,— a gaol being a place of temporary confinement for minor offenses, or for debt; a permanent confinement, and a place of Gaol deliyery: the delivery or clearing of a trial of them; the gaol being considered as quittal or punishment. Gaol liberties: a through which prisoners are allowed to go at of security for their return.

A prison for temporary confine. There is said to be a distinction between “gaol” and “prison,” the former being a place for tempotary or provisional confinement, or for the punishment of the lighter offenses and misdemeanors, while the latter is a place for permanent or longcontinued confinement, or for the punishment of graver crimes. In modern usage, this distinction is commonly taken betiveen the words “gaol” and “penitentiary,” (or state's prison,) but the name “prison” is indiscriminately applied to either,

See Jail. GARDEN". See CuETrLAGB; Feeld, 1; Messuage.

[L. Fr. gaole; L. Lat gaola, qq. v.] A place of confinement or safe keeping.* Commonly defined also as a prison^ from which, however, it seems properly to be distinguishable; a gaol being a place of temporary confinement, or of confinement for minor offences, or for debt; & prison being a place of permanent confinement, and a place of punishment for crimes. Confinement in a gaol is, in most cases, with reference to some further proceeding, and does not always import guilt in the party confined. Thus gaols are used for the detention of witnesses, in order to secure their attendance in criminal cases, and for the confinement of persons charged with crime and committed for trial. See 2 N. Y. Rev. St [754,] 632. The same idea of temporary or preliminary confinement is the radical one of the phrase gaol delivery, which has been used in criminal law from a very remote period; the gaols being by the process of trial delivered of their occupants, who are either wholly discharged if innocent, or punished according to law, if found euilty. See Oaol delivery. An essential difference between the terms is also imported in the common expressions ** county gojol^* and '* state prison,^* The distinction however is by no means strictly observed in statute law, gaol and prison being frequently used as synonymous. Jail is preferred by Webster as the orthography of this Yford^gaol being considered by him as a corruption. The reverse of this however seems to be the truth; gaole and gaola (qq. v.) being the Law-French and Law-Latin forms used constantly and by the earliest writers, while nothing approaching ^at*/ is to be met with. The forms geaule and gaille given by Kelham enable us to trace the corruption from gaol to jail without much difficulty.

is 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. Vide 6 John. R. 22; 14 Vin. Ab. 9; 3 Bac. Ab. 344; Dane’s Ab. Index. h. t.; 4 Com. Dig. 619; and the articles Gaoler, Prison, Prisoner.