Blacks Law Dict. 1st ed

GLADIUS

540

GILD

be maintainable; the essential ground or ob ject of a suit, and without which there is not a cause of action. 101 111. 394. GIVE. A term used in deeds of convey ance. At common law, it implied a cove nant for quiet enjoyment. 2 Hil. Real Prop. 366. In their ordinary and familiar signification, tho words "sell" and "give" have not the same mean ing, but are commonly used to express different modes of transferring the right to property from one person to another. "To sell" means to trans fer fora valuable consideration, while "to give" signifies to transfer gratuitously, without any equivalent. 14 Md. 184. "GIVE AND BEQUEATH." These words, in a will, import a benefit in point of right, to take effect upon the decease of the testator and proof of the will, unless it is made in terms to depend upon some contin gency or condition precedent. 9 Cush. 519; 33 Conn. 297; 8 Wheat. 538. GIVE BAIL. To furnish or put in ball or security for one's appearance. GIVE COLOR. To admit an apparent or colorable right in the opposite party. See COLOR. GIVER. A donor; he who makes a gift. GIVING IN PAYMENT. In Loui siana law. A phrase (translating the Fr. "dation en payement") which signifies the delivery and acceptance of real or personal property in satisfaction of a debt, instead of a payment in money. See Civil Code La. art. 2655. GIVING RINGS. Aceremony ancient ly performed in England by Serjeants at law at the time of their appointment. The ringt were insciibed with a motto, generally in Latin. GIVING TIME. The act of a creditor in extending the time for the payment or sat isfaction of a claim bejond the time stipulat ed in the original contract. If done without the consent of the surety, indorser, or guar antor, it discharges him. GLADIOLUS. A little sword or dagger; a kind of sedge. Mat. Paris. GLADIUS. Lat. A sword. An ancient emblem of defense. Hence the ancient earls or comites (the king's attendants, advisers, and associates in his government) were made by being girt with swords, (gladio sitccincti.) The emblem of the executory power of the law in punishing crimes. 4 Bl. Comm. 177.

Sax. 98; 3 Steph. Comm. 173, note u. See GlLDA MERCATORIA. A friborg, or decennary; called, by the Sax ons, "gyldscipes," and its members, "gil dones" and "congildones." Spelman. GILD-HALL. See GUILDHALL. GILD-RENT. Certain payments to the crown from any gild or fraternity. GILDA MERCATORIA. A gild mer chant, or merchant gild; a gild, corporation, or company of merchants. 10 Coke, 30. GILDABLE., In old English law. Tax able, tributary, or contributory; liable to pay tax or tribute. Cowell; Blount. GILDO. In Saxon law. Members of a gild or decennary. Oftener spelled "con gildo." Du Cange; Spelman. GILL. A liquid measure, containing one fourth of a pint. GILOUR. L. Fr. A cheat or deceiver. Applied in Britton to those who sold false or spurious things for good, as pewter for sil ver or laten for gold. Biitt. c. 15. GIRANTE. An Italian word, which signifies the drawer of a bill. It is derived from "girate," to diaw. GIRTH. In Saxon and old English law. A measure of length, equal to one yard, de rived from the girth or circumference of a man's body. GIRTH AND SANCTUARY. In old Scotch law. An asylum given to muiderers, where the murder was committed without any previous design, and in chaude mella, or heat of passion. Bell. GISEMENT. Agistment; cattle taken in to graze at a certain price; also the money received for grazing cattle. GISER. L. Fr. To lie. Gist en le bouche, it lies in the mouth. Le action Hen gist, the action well lies. Gisant, lying. GISETAKER. An agister; a person who takes cattle to graze. GISLE. A pledge. Fredgisle, a pledge of peace. Gislebert, an illustrious pledge. GIST. In pleading. The essential ground or object of the action in point of law, with out which there would be no cause of action. Gould, PI. c. 4, § 12; 19 Vt. 102. The gist of an action is the cause for which an action will lie; the ground or foun dation of a suit, without which it would not

Archive CD Books USA