KFLCC Kingdom Law 2nd Ed.

535

GARNISHMENT

GAOL

GARCIO STOLJE. Groom of the stole.

the punishment of the lighter offenses and mis demeanors, while the latter is a place for per manent or long-continued confinement, or for the punishment of graver crimes. In modern usage, this distinction is commonly taken be tween the words "gaol" and "penitentiary," (or state's prison,) but the name prison" is indis criminately 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. In criminal law. The delivery or clearing of a gaol of the pris oners confined therein, by trying them. In popular speech, the clearing of a gaol by the escape of the prisoners. —General gaol delivery. In English law. At the assizes (q. v.) the judges sit by virtue of five several authorities, one of which is the commission of "general gaol delivery." This em powers them to try and deliverance make of every prisoner who shall be in the gaol when the judges arrive at the circuit town, whether an indictment has been preferred at any previous assize or not 4 Bl. Comm. 270. This is also a part of the title of some American criminal courts, as, in Pennsylvania, the "court of oyer and terminer and general jail delivery." GAOL DELIVERY. 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, (dtifauts 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 garMs, corn or grain in sheaves. Reg. Orig. 96; Bract, fol. 209. —Garba sagittarnm. A sheaf of arrows, containing twenty-four. Otherwise called "schaf fa sagittarum." Skene. GARBALES DECIM2B. 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. GARANDIA, or GARANTIA. A war ranty. Spelman.

GARCIONES. Servants who follow a camp. Wals. 242. GARD, or GARDE. L. Fr. 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. People v. Greenburgh, 57 N. Y. 550; Ferry v. Livingston, 115 U. S. 542, 6 Sup. Ct 175, 29 L. Ed. 489. GARDIANUS. In old English law. A guardian, defender, or protector. In feudal law, gardio. Spelman. A warden. Gardianm ecclesiw, a church warden. Gardianus quinque portuum, ward en of the Cinque Ports. Spelman. GARDINUM. In old English law. A garden. Reg. Orig. 15, 2. GARDIA. L. Fr. Custody; wardship. 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. 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 ascertain ed. Welsh v. Blackwell, 14 N. J. Law, 348; Smith v. Miln, 22 Fed. Cas. 606. GARNISHMENT. In the process of at tachment. A warning to a person in whose hands the effects of another are attached not to pay the money or deliver the property of the defendant in his hands to him, but to ap pear and answer the plaintiffs suit. Drake, Attachm. § 451; National Bank of Wilming ton v. Furtick, 2 Marv. (Del.) 35, 42 Atl. 479, 44 L. R. A. 115, 69 Am. St. Rep. 99; Georgia & A. Ry. Co. v. Stollenwerck, 122 Ala. 539, 25 South. 258; Jeary v. American Exch. Bank, 2 Neb. (Unof.) 657, 89 N. W. 772. A "garnishment," as the word is employed in this Code, is process to reach and subject GARNISH, v. GARENE. L. Fr. A warren; a privi leged place for keeping animals.