Blacks Law Dict. 1st ed

GARNISHMENT

531

GAOL

There is said to be a distinction between "gaol" and "prison;" the former being a place for tempo rary or provisional confinement, or for the punish ment 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 modern usage, this distinction is commonly taken between the words "gaol" and "penitentiary," (or state'Bprison,) but the name "prison" is indiscriminately applied to either, GAOL DELIVERY. In criminal law. The delivery or clearing of a gaol of the pris oners confined therein, by trying them. A commission of general gaol delivery is one of the four commissions under which the judges in England sit at the assizes; and it empowers them to try and deliver every pris oner who shall be in the gaol, (that is, either in actual custody, or out on bail,) when the judges arrive at the circuit town. 4 Chit. Bl. 270, and notes; 4 Steph. Comm. 333; 1 Chit. Crim. Law, 145, 146. 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 con sidered 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. GARANDIA, or GARANTIA. A war ranty. Spelman. GARANTIE. In French law. This word Corresponds to warranty or covenants for title in English law. In the case of a sale this garantie extends to two things: (1) Peaceful possession of the thing sold; and (2) absence of undisclosed defects, (defauts caches.) Brown. GARATHINX. In old Lombardic law. A gift; a free or absolute gift; a gift of the whole of a thing. Spelman. GARATJNTOR. L. Fr. In old English law. A warrantor of land; a vouchee; one bound by a warranty to defend the title and seisin of his alienee, or, on default thereof, and on eviction of the tenant, to give him other lands of equal value. Britt. c. 75. GARBA. In old English law. A bundle or sheaf. Blada in garbis, corn or grain in sheaves. Keg. Orig. 96; Bract, fol. 209. GARBA SAGITTARUM. A sheaf of arrows, containing twenty-four. Otherwise Skene. GARBALES DECTM.S!. In Scotch law. Tithes of corn, (grain.) Bell.

GARBLE. In English statutes. To sort or cull out the good from the bad in spices, drugs, etc. Cowell. GARBLER OF SPICES. 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 make clean the same, or see that it be done. Mozley & Whitley. GARCIO STOLiE. Groom of the stole. GARCTONES. Servants who follow a camp. Wals. 242. GARD, or GARDE. Wardship; care; custody; also the ward of a city. GARDEIN. A keeper; a guardian. GARDEN. A small piece of land, appro priated to the cultivation of herbs, fruits, flowers, or vegetables. GARDIA. Custody; wardship. GARDIANUS. In old English law. A guardian, defender, or protector. In feudal law, gardio. Spelman. A warden. Gardianus ecclesice, a church warden. Qardianus quinque portuum, warden of the Cinque Ports. Spelman. GARDINUM. In old English law. A garden. Beg. Orig. 16, 2. GARENE. L. Fr. A warren; a privi leged place for keeping animals. GARNESTURA. In old English law. Victuals, arms, and other implements of war, necessary for the defense of a town or castle. Mat. Par. 1250. GARNISH, n. In English law. Money paid by a prisoner to his fellow-prisoners on his entrance into prison. GARNISH, v. To warn or summon. To issue process of garnishment against a person. GARNISHEE. One garnished; a per son against whom process of garnishment is issued; one who has money or property in his possession belonging to a defendant, or who owes the defendant a debt, which mon ey, property, or debt is attached in his hands, with notice to him not to deliver or pay it over until the result of the suit be ascertained. GARNISHMENT. In the process of at tachment. A warning to a person in whose hands the effects of another are attached not

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