GEORGIA. The name of one of the original states of the United States
of America. George the Second granted a charter to Lord Percival, and twenty
others, for the government of the province of Georgia. It was governed under
this charter till the year 1751, when it was surrendered to the crown. From that
period to the time of the American revolution, the colony was governed as other
2. The constitution of the state, as revised, amended, and compiled by the
convention of the state, was adopted at Louisville, on the 30th day of May,
1798. It directs, art. 1, s. 1, that the legislative, executive, and judiciary
departments of government shall be distinct, and each department shall be
confided to a separate body of magistracy.
3.-1. The legislative power is vested in two separate and distinct branches,
to wit, a senate and house of representatives, styled the General Assembly."
1st. The senate is elected annually, and is composed of one member from each
county, chosen by the electors thereof. The senate elect, by ballot, a president
out of their own body. 2d. The house of representatives is composed of members
from all the counties, according to their respective numbers of free white
persons, and including three-fifths of all the people of color. The enumeration
is made once in seven years, and any county containing three thousand persons,
according to the foregoing plan of enumeration, is entitled to two members;
seven thousand to three members; and twelve thousand to four members; but each
county shall have at least one, and not more than four members. The
representatives are chosen annually. The house of representatives choose their
speaker and other officers.
4. - 2. The executive power is vested in a governor, elected by the general
assembly, who holds his office for the term of two years. In case of vacancy in
his office, the president of the senate acts as governor, until the disability
is removed, or until the next meeting of the general assembly.
5. - 3. The judicial powers of the state are, by the 3d article of the
constitution, distributed as follows:
§1. The judicial powers of this state shall be vested in a superior court,
and in such inferior jurisdictions as the legislature shall, from time to time,
ordain and establish. The judges of the superior courts shall be elected for the
term of three years, removable by the governor, on the address of two-thirds of
both houses for that purpose, or by impeachment and conviction thereon. The
superior court shall have exclusive and final jurisdiction in all criminal cases
which shall be tried in the county wherein the crime was committed; and in all
cases respecting titles to land, which shall be tried in the county where the
land lies; and shall have power to correct errors in inferior judicatories by
writs of certiorari, as well as errors in the superior courts, and to order new
trials on proper and legal grounds Provided, That such new trials shall be
determined, and such errors corrected, in the superior court of the county in
which such action originated. And the said court shall also have appellative
jurisdiction in such other cases as the legislature may by law direct, which
shall in no case tend to remove the cause from the county in which the action
originated; and the judges thereof, in all cases of application for new trials,
or correction of error, shall enter their opinions on the minutes of the court.
The inferior courts shall have cognizance of all civil cases, which shall be
tried in the county wherein the defendant resides, except in cases of joint
obligors, residing in different counties, which may be commenced in either
county; and a copy of the petition and process served on the party or parties
residing out of the county in which the suit may be commenced, shall be deemed
sufficient service, under such rules and regulations as the legislature may
direct; but the legislature may, by law, to which two-thirds of each branch
shall concur, give concurrent jurisdiction to the superior courts. The superior
and inferior courts shall sit in each county twice in every year, at such stated
times as the legislature shall appoint.
6. - §2. The judges shall have salaries adequate to their services,
established by law, which shall not be increased or diminished during their
continuance in office; but shall not receive any other perquisites or emoluments
whatever, from parties or others, on account of any duty required of them.
7. - §3. There shall be a state's attorney and solicitors appointed by the
legislature, and commissioned by the governor, who shall hold their offices for
the term of three years, unless removed by sentence on impeachment, or by the
governor, on the address of each branch of the general assembly. They shall have
salaries adequate to their services, established by law, which shall not be
increased or diminished during their continuance in office.
8. - §4. Justices of the inferior courts shall be appointed by the general
assembly, and be commissioned by the governor, and shall hold their commissions
during good behaviour, or as long a they respectively reside in the county for
which they shall be appointed, unless revoved by sentence on impeachment, or by
the governor, on the address of two-thirds of each branch of the general
assembly. They may be compensated for their services in such manner as the
legislature may by law direct.
9. - §5. The justices of the peace shall be nominated by the inferior courts
of the several counties, and commissioned by the governor; and there shall be
two justices of the peace in each captain's district, either or both of whom
shall have power to try all cases of a civil nature within their district, where
the debt or litigated demand does not exceed thirty dollars, in such manner as
the legislature may by law direct. They shall hold their appointments during
good behaviour, or until they shall be removed by conviction, on indictment in
the superior court, for malpractice in office, or for any felonious or infamous
crime, or by the governor, on the address of two-thirds of each branch of the
10. - §6. The powers of a court of ordinary or register of probates, shall,
be invested in the inferior courts of each county; from whose decision there may
be an appeal to the superior court, under such restrictions and regulations as
the general assembly may by law direct; but the inferior court shall have power
to vest the care of the records, and other proceedings therein, in the clerk, or
such other person as they may appoint; and any one or more justices of the said
court, with such clerk or other person, may issue citations and grant temporary
letters in time of vacation, to hold until the next meeting of the said court;
and such clerk or other person may grant marriage licenses.
11. - §7. The judges of the superior courts, or any one of them, shall have
power to issue writs of mandamus. prohibi tion, scire facias, and all other
writ's which may be necessary for carrying their powers fully into effect.
GERMAN, relations, germanus. Whole or entire, as respects genealogy or
descent; thus, "brother-german," denotes one who is brother both by the father
and mother's side cousins-germane" those in the first and nearest degree, i. e.,
children of brothers or sisters. Tech. Dict.; 4 M. & C. 56.
GERONTOCOMI, civil law.. Officers appointed to manage hospitals for
poor old persons. Clef des Lois Rom. mot Administrateurs.
GESTATION, med. jur. The time during which a female, who has
conceived, carries the embryo or foetus in her uterus. By the common consent of
mankind, the term of gestation is considered to be ten lunar months, or forty
weeks, equal to nine calendar months and a week. This period has been adopted,
because general observation, when it could be correctly made, has proved its
correctness. Cyclop. of Pract. Med. vol. 4, p. 87, art. Succession of
inheritance. But this may vary one, two, or three weeks. Co. Litt. 123 b, Harg.
& Butler's, note 190*; Ryan's Med. Jurisp. 121; Coop. Med. Jur: 18; Civ.
Code of Louis. art. 203-211; 1 Beck's Med. Jur. 478. See Pregnancy.
GIFT, conveyancing. A voluntary conveyance; that is, a conveyance not
founded on the consideration of money or blood. The word denotes rather the
motive of the conveyance; so that a feoffment or grant may be called a gift when
gratuitous. A gift is of the same nature as a settlement; neither denotes a form
of assurance, but the nature of the transaction. Watk. Prin. 199, by Preston.
The operative words of this conveyance are do or dedi. The maker of this
instrument is called the donor, and he to whom it is made, the donee. 2 B. Com.
316 Litt. 69; Touchs. ch. 11.
GIFT, contracts. The act by which the owner of a thing, voluntarily
transfers the title and possession of the same, from himself to another person
who accepts it, without any consideration. It differs from a grant, sale, or
barter in this, that in each of these cases there must be a consideration, and a
gift, as the definitionstates, must be without consideration.
2. The manner of making the gift may be in writing, or verbally, and, as far
as personal chattels are concerned, they are equally binding. Perk. §57; 2 Bl.
Com. 441. But real estate must be transferred by deed.
3. There must be a transfer made with an intention of passing the title, and
delivering the possession of the thing given, and it must be accepted by the
donee. 1 Madd. Ch. R. 176, Am. ed. p. 104; sed vide 2 Barn. & Ald. 551;
Noy's Rep. 67.
4. The transfer must be without consideration, for if there be the least
consideration, it will change the contract into a sale or barter, if possession
be delivered; or if not, into an executory contract. 2 Bl. Com. 440.
5. Gifts are divided into gifts inter vivos, and gifts causa mortis; and
also' into simple or proper gifts; that is, such as are to take immediate
effect, without any condition; and qualified or improper gifts, or such as
derive their force upon the happening, of some condition or contingency; as, for
example, a donatio causa mortis. Vide Donatio causa mortis; Gifts inter vivos;
and Vin. Ab. h. t.; Com. Dig. Biens, D 2, and Grant; Bac. Ab. Grant; 14 Vin. Ab.
19 3 M. & S. 7 5 Taunt. 212 1 Miles, R. 109.
GIFT INTER Vivos. A gift made from one or more persons, without any
prospect of immediate death, to one or more others.
2. These gifts are so called to distinguish them from gifts causa-mortis,
(vide Donatio causa mortise,) from which they differ essentially. 1. A gift
inter vivos, when completed by delivery, passes the title to the thing so that
it cannot be recovered back by the giver; the gift causa mortis is always given
upon the implied condition that the giver may, at any time during his life,
revoke it. 7 Taunt. 231; 3 Binn. 366. 2. A gift inter vivos may be made by the
giver at any time; the donatio causa mortis must be made by the donor while in
peril of death. In both cases there must be a delivery. 2 Kent's Com. 354; 1
Beav. R. 605; 1 Miles, R. 109.
GIFTOMAN, Swedish law. He who has a right to dispose of a woman in
2. This right is vested in the father, if living; if dead, in the mother.
They may nominate a person in their place; but for want of such nomination, the
brothers german; and for want of them, the consanguine brothers; and in default
of the latter, uterine brothers have the right, but they are bound to consult
the paternal or maternal grandfather. Swed- Code, tit. of Marriage.
GILL. A measure of capacity, equal to one-fourth of a pint. Vide
GIRANTEM, mer. law. An Italian word,, which signifies the drawer. It
is derived from, girare, to draw, in the same manner as the English verb to
murder, is transformed into murdrare in our old indictments. Hall, Mar. Loans,
GIRTH., A girth or yard is a measure of length. The word is of Saxon
origin, taken from the circumference of the human body. Girth is contracted from
girdeth, and signifies as much as girdle. See Ell.
GIST, pleading. Gist of the action is the essential ground or object
of it, in point of law, and without which there is no cause of action. Gould on
Pl. c. 4, §12. But it is observable that the substance or gist of the action is
not always the principal cause of the plaintiff Is complaint in point of fact,
nor that on which he recovers all or the greatest part of his damages.
2. It frequently bappens that upon that part of his declaration which
contains the substance or gist of the, action, he only recovers nominal damages,
and he gets his principal satisfaction on account of matter altogether
collateral thereto. A familiar instance of this is the case where a father sues
the defendant for a trespass for the seduction of his daughter. The gist of the
action is the trespass, and the loss of his daughter's services, but the
collateral cause is the injury done to his feelings, for which the principal
damages are given. In stating the substance or gist of the action, every thing
must be averred which is necessary to be proved at the trial. Vide 1 Vin. Ab.
598; 2 Phil. Ev. 1, note. See Bac. Abr. Pleas, B; Doct. P. 85. See Damages,
special, in pleading; 1 Vin. At. 598; 2 Phil. Ev. 1, n.
GIVER, contracts. He who makes a gift. (q. v.) By his gift, the giver
always impliedly agrees with the donee that he will not revoke the gift.
GIVING IN PAYMENT. This term is used in Louisiana; it signifies that a
debtor, instead of paying a debt he owes in money, satisfies his creditor by
giving in payment a movable or immovable. Vide Dation en paiement.
GIVING TIME, contracts. Any agreement by which a creditor gives his
debtor a delay or time in paying his debt, beyond that contained in the original
agreement. When other persons are responsible to him, either as drawer,
endorser, or surety, if such time be given without the consent of the latter, it
discharges them from responsibility to him. 1 Gall. Rep. 32; 7 John. R. 332; 10
John. Rep. 180; Id. 587 Kirby, R. 397 3 Binn. R. 523; 2 John. Ch. R. 554; 3
Desaus. Ch. Rep. 604; 2 Desaus. Ch. R. 230, 389 2 Ves. jr. 504; 6 Ves. jr. 805 3
Atk. 91; 2 Bos. & Pull,. 62; 4 M. & S. 232; Bac. Ab. Obligations, D; 6.
Dow. P. C. 238; 3 Meriv. R. 272; 5 Barn., & A. 187. Vide 1 Leigh's N . P.
31; 1 B. & P. 652; 2 B. & P. 61; 3 B. & P. 363; 8 East, R. 570; 3
Price, R. 521; 2 Campb. R. 178. 12 East,.R. 38; 5 Taunt. R. 319; S. C. 1 E. C.
L. R. 119; Rosc. Civ. Ev. 171; 8 Watts, R. 448; 4 Penn. St. R. 73; 10 Paige, 76;
and the article Forbearance.
2. But more delay in suing, without fraud or any agreement with the
principal, is not such giving time as will discharge the surety. 1 Gallis. 32; 2
Pick. 581 3 Blackf. 93 7 John. 332. See Surety.
GLADIUS. In our old Latin authors, and in the Norman laws, this word
was used to signify supreme jurisdiction, jus gladii.
GLEANING. The act of gathering such grain in a field where it grew, as
may, have been left by the reapers after the sheaves were gathered.
2. There is a custom in England, it is said, by which the poor are allowed to
enter and glean upon another's land after harvest without being guilty of a
trespass. 3 Bl. Com. 212 . But it has been decided that the community are not
entitled to claim this privilege as a right. 1 Hen. Bl. 51. In the United
States, it is believed, no such right exists. This right seems to have existed
in some parts of France. Merl. Rep. mot Glanage. As to whether gleaning would or
would not amount to larceny, vide Woodf. Landl. & Ten. 242; 2 Russ. on Cr.
99. The Jewish law may be found in the 19th chapter of Leviticus, verses 9 and
10. See Ruth, ii. 2, 3; Isaiah, xvii. 6.
GLEBE, eccl. law. The land which belongs to a church. It is the dowry
of the church. Gleba est terra qua consistit dos ecclesiae. Lind. 254; 9 Cranch,
Rep. 329. In the civil law it signified the soil of an inheritance; there were
serfs of the glebe, called gleboe addicti. Code, 11, 47, 7 et 21; Nov. 54, c.
GLOSS. Interpretation, comment, explanation, or remark, intended to
illustrate the text of an author.
GLOSSATOR. A commentator or annotator of the Roman law. One of the
authors of the Gloss.
GLOUCESTER, STATUTE OF. An English statute, passed 6 Edw. I., A. D.,
1278; so called, because it was passed at Gloucester. There were other statutes
made at Gloucester, which do not bear this name. See stat. 2 Rich. II.
GO WITHOUT DAY. These words have a technical sense. When a party is
dismissed the court, he is said to go without day; that is, there is no day
appointed for him to appear again.
GOD. From the Saxon god, good. The source of all good; the supreme
being. 1. Every man is presumed to believe in God, and he who opposes a witness
on the ground of his unbelief is bound to prove it. 3 Bouv. Inst. u. 3180.
2. Blasphemy against the Almighty, by denying his being or providence, was an
offence punishable at common law by fine and imprisonment, or other infamous
corporal punishment. 4 Bl. Corn. 60; 1 East, P. C. 3; 1 Russ. on Crimes, 217.
This offence his been enlarged in Pennsylvania, and perhaps most of the states,
by statutory provision. Vide Christianity; Blasphemy; 11 Serg. & Rawle,
3. By article 1, of amendments to the Constitution of the United States, it
is provided that "Congress shall make no laws respecting an establishment of
religion, or prohibiting the free exercise thereof." In the United States,
therefore, every one is allowed to worship God according to the dictates of his
GOD AND MY COUNTRY. When a prisoner is arraigned, he is asked, How
will you be tried? he answers, "By God and my country." This practice arose when
the prisoner had the right to choose the mode of trial, namely, by ordeal or by
jury, and then he elected by God or by his country, that is, by jury. It is
probable that originally it was "By God or my country" for the question asked
supposes an option in the prisoner, and the answer is meant to assert his
innocence by declining neither sort of trial. 1 Chit. Cr. Law, 416; Barr. on the
Stat. 73, note.
GOD B0TE, eccl. law. An ecclesiastical or church fine imposed upon an.
offender for crimes and offences committed against God.
GOING WITNESS. One who is going out of the jurisdiction of the court,
although only into a state or country under the general sovereignty; as, for
example, if he is going from one to another of the United States; or, in Great
Britain, from England to Scotland. 2 Dick. 454.
GOLD. A metal used in making money, or coin. It is pure when the metal
is unmixed with any other. Standard gold, is gold mixed with some other metal,
called alloy. Vide Money.
GOOD BEHAVIOUR. Conduct authorized by law. Surety of good behaviour
may be demanded from any person who is justly suspected, upon sufficient
grounds, of intending to commit a crime or misdemeanor. Surety. for good
behaviour is somewhat similar to surety of the peace, but the recognizance is
more easily forfeited, and it ought to be demanded with greater caution. 1 Binn.
98, n.; 2 Yeates, 437; 14 Vin. Ab. 21; Dane's Ab. Index, h. t. As to what is a
breach of good behaviour, see 2 Mart. N. S. 683; Hawk. b. 1, c. 61, s. 6 Chit.
Pr. 676. Vide Surdy of the peace.
GOOD AND LAWFUL MEN, probi et legales homines. The law requires that
those who serve on juries shall be good. and lawful men; by which is understood
those qualified to serve on juries; that is, that they be of full age, citizens,
not infamous nor non compos mentis, and they must be res ident in the county
where the venue is laid. Bac. Ab. Juries, A; Cro. Eliz. 654; 3 Inst. 30; 2
Rolle's R. 82; Cam. & Norw. 38.
GOOD CONSIDERATION, contracts. A good consideration is one which flows
from kindred or natural love and affection alone, and is not of a
pecuniary.nature. Vin. Ab. Consideration, B; 1 Bouv. Inst. n. 613. Vide
GOOD WILL. By this term is meant the benefit which arises from the
establishment of particular trades or occupations. Mr. Justice Story describes a
good will to be the advantage of benefit which is acquired by an establishment,
beyond the mere value of the capital, stocks, funds, or property employed
therein, in consequence of the general public patronage and encouragement, which
it receives from constant or habitual customers, on account of its local
position, or common celebrity, or reputation for skill or affluence, or
punctuality, or from other accidental circumstances or necessities, or even from
ancient partialities, or prejudices. Story, Partn. §99; see 17 Ves. 336; 1
Hoffm. R. 68; 16 Am. Jur. 87.
2. As between partners, it has been held that the good will of a partnership
trade survives; 6 Ves. 539; but this appears to be doubtful; 16 Ves. 227; and a
distinction, in this respect, has been suggested between commercial and
professional partnerships; the advantages of established connexions in the
latter being held to survive, unless the benefit is excluded by positive
stipulation. 3 Madd. 79. As to the sale, of the good-will of a trade or
business, see. 3 Meriv. 452; 1 Jac. & Walk. 689; 2 Swanst. 332; 1 Ves. &
Beames, 505; 17 Ves. 346; 2 Madd. 220; Gow on Partn. 428; Collyer on Partn. 172,
note; 2 B. & Adolph. 341; 4 Id. 592, 596; 1 Rose, 123; 5 Russ. 29; 2 Watts,
111; 1 Chit. Pr. 868; 1 Sim. & Stu. 74; 2 Russ. R. 170; 1 Jac. & W. 380;
1 Russ. R. 376; 1 P. & W. 184; 2 Mad. R. 198; l T. R. 118. Vide 5 Bos. &
Pull. 67; 1 Bro. C. C. 160, as to the effect of a bankrupt's assignment on a
good-will; and 16 Amer. Jur. 87.
GOODS, property. For some purposes this term includes money, valuable
securities, and other mere personal effects. The term. goods and chattels,
includes not only personal property in possession, but also choses in action. 12
Co. 1; 1 Atk. 182. The term chattels is more comprehensive than that of goods,
and will include all animate as well as inanimate property, and also a chattel
real, as a lease for years of house or land. Co. Litt. 118; 1 Russ. Rep. 376.
The word goods simply and without qualification, will pass the whole personal
estate when used in a will, including even stocks in the funds. But in general
it will be limited by the context of the will. Vide 2 Supp. to Ves. jr. 289; 1
Chit. Pr. 89, 90; 1. Ves. jr. 63; Hamm. on Parties, 182; 3 Ves. 212; 1 Yeates,
101; 2 Dall. 142; Ayl. Pand. 296; Wesk. Ins. 260; 1 Rop. on Leg. 189; 1 Bro. C.
C. 128; Sugd. Vend. 493, 497; and the articles Biens; Chattels; Furniture. 2.
Goods are said to be of different kinds, as adventitious, such as are given or
arise otherwise than by succession; dotal goods, or those which accrue from a
dowry, or marriage portion; vacant goods, those which are abandoned or left at
GOODS SOLD AND DELIVERED. This phrase is frequently used in actions of
assumpsit, and the sale and delivery of goods are the foundation of the action.
When a plaintiff declares for goods sold and delivered, he is required to prove,
first, the contract of sale; secondly, the delivery of the goods, or such
disposition of them as will be equivalent to it; and, thirdly, their value. 11 .
Shepl. 505. These will be separately considered.
2. - 1. The contract of sale may be express, as where the purchaser actually
bought the goods on credit, and promised to pay for them at a future time; or
implied, where from his acts the defendant manifested an intention to buy them;
as, for example, when one takes goods by virtue of a sale made by a person who
has no authority to sell, and the owner afterwards affirms the contract, he may
maintain an action for goods sold and delivered. 12 Pick. 120. Again, ifthe
goods come, to the hands of the defendant tortiously, and are converted by him
to his own use, the plaintiff may waive the tort, and recover as for goods sold
and delivered. 3 N. H. Rep. 384; 1 Miss. R. 430, 643; 3 Watts, 277; 5 Pick. 285;
4 Binn. 374; 2 Gill & John. 326; 3 Dana, 552; 5 Greenl. 323. 3. - 2. The
delivery must be made in accordance with the terms of the sale, for if there has
not been such delivery no action can be maintained. 2 Ired. R. 12; 15 Pick. 171;
3 John. 534.
4.- 3. The plaintiff must prove the value of the goods; where there is an
express agreement as to their value, be established by evidence, but where there
is no such express agreement, the value of the goods at the time of sale must be
proved. Coxe, 261. And the purchaser of goods cannot defend, against an action
for the purchase money, by showing that the property was of no value. 8 Port.
5. To support an action for goods sold and delivered, it is indispensable
that the goods should have been sold for money, and that the credit on which
they were sold should have expired. But where the goods have been sold on a
credit to be paid for by giving a note or bill, and the purchaser does not give
it according to contract, although the seller cannot recover in assumpsit for
goods sold and delivered till the credit has expired, yet he may proceed
immediately for a breach of the agreement. 21 Wend. 175.
6. When goods have been sold to be paid for partly in money, and partly in
goods to be delivered to the vendor, the plaintiff must declare specially, and
he cannot recover on the common count for goods sold and delivered. 1 Chit. Pl.
339; 1 Leigh's N. P. 88; 1 H. Bl. 287; Holt, 179.
GOUT, med. jur. contracts. An inflammation of the fibrous and
ligamentous parts of the joints.
2. In cases of insurance on lives, when there is warranty of health, it seems
that a man subject to the gout, is a life capable of being, insured, if he has
no sickness at the time to make it an unequal contract. 2 Park, Ins. 583.