GOVERNMENT, natural and political law. The manner in which sovereignty
is exercised in each state.
2. There are three simple forms of government, the democratic, the
aristocratic, and monarchical. But these three simple forms may be varied to
infinity by the mixture and divisions of their different powers. Sometimes by
the word government is understood the body of men, or the individual in the
state, to whom is entrusted the executive power. It is taken in this sense when
the government is spoken of in opposition to other bodies in the state.
3. Governments are also divided into monarchical and republican; among the
monarchical states may be classed empires, kingdoms, and others; in these the
sovereignty resides in, a single individual. There are some monarchical states
under the name of duchies, counties, and the like. Republican states are those
where the sovereignty is in several persons. These are subdivided into
aristocracies, where the power is exercised by a few persons of the first rank
in the state; and democracies, which are those governments where the common
people may exercise the highest powers. 1 Bouv. Inst. n. 20. See Aristocracy;
Democracy; Despotism; Monarchy; Theocracy.
4. It should be remembered, however, that governments, for the most part,
have not been framed on models. Their parts and their powers grew out of
occasional acts, prompted by some urgent expediency, or some private interest,
which, in the course of time, coalesced and hardened into usages. These usages
became the object of respect and the guide of conduct long before they were
embodied in written laws. This subject is philosophically treated by Sir James
McIntosh, in his History of England. See vol. 1, p. 71, et seq.
GOVERNOR. The title of the executive magistrate in each state and
territory of the United States. Under the names of the particular states, the
reader will find some of the duties of the governor of such state.
GRACE. That which a person is not entitled to by law, but which is
extended to him as a favor; a pardon, for example, is an act of grace. There
are-certain days allowed to a payer of a promissory note or bill of exchange,
beyond the time which appears on its face, which are called days of grace. (q.
GRADUS. This is a Latin word, literally signifying a step;
figuratively it is used to designate a person in the ascending or descending
line, in genealogy; a degree.
GRAFFER. This word is a corruption of the French word greffier, a
clerk, or prothonotary. It signifies a notary or scrivener; vide stat. 5 Hen.
VII 1. c. 1.
GRAFT. A figurative term in chancery practice, to designate the right
of a mortgagee in premises, to which the mortgagor at the time of making the
mortgage had an imperfect title, but who afterwards obtained a good title. In
this case the new mortgage is considered a graft into the old stock, and, as
arising in consideration of the former title. 1 Ball & Beat. 46; Id. 40; Id.
57; 1 Pow. on Mortg. 190. See 9 Mass. 34. The same principle has obtained by
legislative enactment in Louisiana. If a person contracting an obligation
towards another, says the Civil Code, art. 2371, grants a mortgage on property
of which he is not then the owner, this mortgage shall be valid, if the debtor
should ever acquire the ownership of, the property, by whatever right.
GRAIN, weight. The twenty-fourth part of a pennyweight.
2. For scientific purposes the grain only is used, and sets of weights are
constructed in decimal progression, from 10,000 grains downward to one hundredth
of a grain.
GRAIN, corn. It signifies wheat, rye, barley, or other corn sown in
the ground In Pennsylvania, a tenant for a certain term is entitled to the
way-going crop. 5 inn. 289, 258; 2 Binn. 487; 2 Serg. & Rawle, 14.
GRAINAGE, Eng. law. The name of an ancient duty collected in London,
consisting of one-twentieth part of the salt imported into that city.
GRAMME. A French weight. The gramme is the weight of a cubic
centimetre of distilled water, at the temperature of zero. It is equal to
15.4441 grains troy, or 5.6481 drachms avoirdupois. Vide. Measure.
GRAND. An epithet frequently used to denote that the thing. to which
it is joined is of more importance and dignity, than other things of the same
name; as, grand assize, a writ in a real action to determine the right of
property in land; grand cape, a writ used in England, on a plea of land, when
the tenant makes default in appearance at the day given for the king to take the
land into his hands; grand days, among the English lawyers, are those days in
term which are solemnly kept in the inns of court and chancery, namely,
Candlemas day, in Hilary term; Ascension day, in Easter term; and All Saint's
day, in Michaelmas term; which days are dies non juridici. Grand distress is the
name of a writ so called because of its extent, namely, to all. the goods and
chattels of the party distrained within the county; this writ is believed to be
peculiar to England. Grand Jury. (q. v.) Grand serjeantry, the name of an
ancient English military tenure.
GRAND BILL OF SALE, Eng. law. The name of an instrument used for the
transfer of a ship, while she is at sea; it differs from a common bill of sale.
(q. v.) See 7 Mart. Lo. R. 318; 1 Harr. Cond. Lo. R. 567.
GRAND COUTUMIER. Two collections of laws bore this title. The one,
also called the Coutumier of France, is a collection of the customs, usages, and
forms of practice, which had been used from time immemorial in France: the
other, called the Coutumier de Normandie, which indeed made a part of the
former, with some alterations, was composed about the fourteenth of Henry II.,
in 1229, and is a collection of the Norman laws not as they stood at the
Conquest of England, by William the Conqueror, but some time afterwards, and
contains many provisions, probably borrowed from the old:English or Saxon laws.
Hale's Hist. C. L. c. 6.
GRAND JURY, practice. A body of men, consisting of not less than
twelve nor more than twenty-four, respectively returned by the sheriff of every
county to every session of the peace, oyer and terminer and general gaol
delivery, to whom indictments are preferred. 4 Bl. Com. 302; 1 Chit. C. L. 310,
2. There is just reason to believe that this institution existed among the
Saxons, Crabb's C. L. 35. By the constitutions of Clarendon, enacted 10 H. II.
A. D. 1164, it is provided, that "if such men were suspected, whom none wished
or dared to accuse, the sheriff, being thereto required by the bishop, should
swear twelve men of the neighborhood, or village, to declare the truth"
respecting such supposed crime; the jurors being summoned as witnesses or
accusers, rather than judges. If this institution did not exist before, it seems
to be pretty certain that this statute established grand juries, or recognized
them, if they existed before.
3. A view of the important duties of grand juries will be taken, by
considering, 1. The organization of the grand jury. 2. The extent of its
jurisdiction. 3. The mode of doing business. 4. The evidence to be received. 5.
Their duty to make presentments. 6. The secrecy to be observed by the grand
4. - 1. Of the organization of the grand jury. The law requires that
twenty-four citizens shall be summoned to attend on the grand jury; but in
practice, not more than twenty-three are sworn, because of the inconvenience
which else might arise, of having twelve, who are sufficient to find a true
bill, opposed to twelve others who might be against it. 6 Adolph. & Ell.
236; S. C. 33 e. C. L. R. 66; 2 Caines, R. 98. Upon being called, all who
present themselves are sworn, as it scarcely ever happens that all who are
summoned are in attendance. The grand jury cannot consist of less than twelve,
and from fifteen to twenty are usually sworn. 2 Hale, P. C. 161; 7 Sm. &
Marsh. 58. Being called into the jurybox, they are usually permitted to select a
foreman whom the court appoints, but the court may exercise the right to
nominate one for them. The foreman then takes the following oath or affirmation,
namely: "You A B, as foreman of this inquest for the body of the ______ of
_________, do swear, (or affirm) that you will diligently inquire, and true
presentments make, of all such articles, matters and things as shall be given
you in charge, or otherwise come to your knowledge touching the present service;
the commonwealth's counsel, your fellows and yhour own, you shall keep secret;
you shall present no one for envy, hatred or malice; nor shall you leave any one
unpresented for fear, favor, affection, hope of reward or gain; but shall
present all things truly, as they come to your knowledge, according to the best
of your understanding, (so help you God.") It will be perceived that this oath
contains the substance of the duties of the grand jury. The foreman having been
sworn or affirmed, the other grand jurors are sworn or affirmed according to
this formula: "You 'and each of you do swear (or affirm) that the same oath (or
affirmation) which your foreman has taken on his part, you and every one of you
shall well and truly observe on your part." Being so sworn or affirmed, and
having received the charge of the court, the grand jury are organized, and may
proceed to the room provided for them to transact the business which may be laid
before them. 2 Burr. 1088; Bac. Ab. Juries, A. The grand jury constitute a
regular body until discharged by the court, or by operation of law, as where
they cannot continue by virtue of an act of assembly beyond a certain day. But
although they have been formally discharged by the court, if they have not
separated, they may be called back, and fresh bills submitted to them; 9 C.
& P. 43; S. C. 38 E. C. L. R. 2 8.
5. - 2. The extent of the grand jury's jurisdiction. Their jurisdiction is
coextensive with that of the court for which they inquire; both as to the
offences triable there, and the territory over which such court has
6. - 3. The mode of doing business. The foreman acts as president, and the
jury usually appoint one of their number to perform the duties of secretary. No
records are to be kept of the acts of the grand jury, except for their own use,
because, as will be seen hereafter, their proceedings are to be secret. Being
thus prepared to enter upon their duties, the grand jury are supplied with bills
of indictment by the attorney-general or other officer, representing the state
or commonwealth against offenders. On these bills are endorsed the names of the
witnesses by whose testimony they are supported. The witnesses are in attendance
in another room, and must be called when wanted. Before they are examined as to
their knowledge of the matters mentioned in the indictment, care must be taken
that they have been sworn or affirmed. For the sake of convenience, they are
generally sworn or affirmed in open court before they are sent to be examined,
and when so qualified, a mark to that effect is made opposite their names.
7. In order to save time, the best practice is to find a true bill, as soon
as the jury are satisfied that the defendant ought to be put upon his trial. It
is a waste of time to examine any other witness after they have arrived at that
conclusion. Twelve at least must agree, in order to find a true bill; but it is
not required that they should be unanimous. Unless that number consent, the bill
must be ignored. When a defendant is to be put upon his trial, the foreman must
write on the back of the indictment "a true bill," sign his name as foreman, and
date the time of finding. On the. contrary, where there is not sufficient
evidence to authorize the finding of the bill, the jury return that they are
ignorant whether the person accused committed the offence charged in the bill,
which is expressed by the foreman endorsing on the bill "ignoramus," signing his
name as before, and dating the time.
8. - 4. Of the evidence to be received. In order to, ascertain the facts
which the jury have not themselves witnessed, they must depend upon the
statement of those who know them, and who will testify to them. When the
witness, from his position and ability, has been in a condition to know the
facts about which he testifies, he is deserving of implicit confidence; if, with
such knowledge, he has no motive for telling a false or exaggerated story, has
intelligence enough to tell what he knows, and give a probable account of the
transaction. If, on the other hand, from his position he could not know the
facts, or if knowing them, he distorts them, he is undeserving of credit. The
jury are the able judges of the credit and confidence to which a witness is
9. Should any member of the jury be acquainted with any fact on which the
grand jury are to act, he must, before he testifies, be sworn or affirmed, as
any other witness, for the law requires this sanction in all cases.
10. As the jury are not competent to try the accused, but merely to
investigate the case so far as to ascertain whether he ought to be put on his
trial, they cannot hear evidence in his favor; theirs is a mere preliminary
inquiry; it is when he comes to be tried in court that he may defend himself by
examining witnesses in his favor, and showing the facts of the case.
11. - 5. Of presentments. The jury are required to make true presentments of
all such matters which may be given to them in charge, or which have otherwise
come to their knowledge. A presentment, properly speaking, is the notice taken
by the grand jury of any offence from their own knowledge, as of a nuisance, a
libel, or the like. In these cases, the authors of the offence should be named,
so that they may be indicted,
12. - 6. Of the secrecy to be observed by the grand jury. The oath which they
have taken obliges them to keep secret the commonwealth's counsel, their fellows
and their own. Although contrary to the general spirit of our institutions,
which do not shun daylight, this secrecy is required by law for wise purposes.
It extends to the votes given in any case, to the evidence delivered by
witnesses, and the communications of the jurors to each other; the disclosure of
these facts, unless under the sanction of law, would render the imprudent juror
who should make them public, liable to punishment. Giving intelligence toa
defendant that a bill has been found against him, to enable him to escape, is so
obviously wrong, that no one can for a moment doubt its being criminal. The
grand juror who should be guilty of this offence might, upon conviction, be
fined and imprisoned. The duration of the secrecy appears not to be definitely
settled, but it seems this injunction is to remain as long as the particular
circumstances of each case require. In a case, for example, where a witness
swears to a fact in open court, on the trial, directly in opposition to what he
swore before the grand jury, there can be no doubt the injunction of secrecy, as
far as regards this evidence, would be at an end, and the grand juror might be
sworn to testify what this witness swore to in the grand jury's room, in order
that the witness might be prosecuted for perjury. 2 Russ. Cr.. 616; 4 Greenl.
Rep. 439; but see contra, 2 Halst. R. 347; 1 Car. & K. 519. Vide, generally,
1 Chit. Cr. Law, 162; 1 Russ. Cr. 291; 2 Russ. Cr. 616 2 Stark. Ev. 232, n. 1; 1
Hawk. 65, 500 2 Hawk. ch. 25; .3 Story, Const. §1778 2 Swift's Dig. 370; 4 Bl.
Com. 402; Archb. Cr. Pl. 63; 7 Sm. Laws Penna. 685.
GRANDCHILDREN, domestic relations. The children of one's children.
Sometimes these may claim bequests given in a will to children, though in
general they can make no such claim. 6 Co. 16.
GRANDFATHER, domestic relations. The father of one's father or mother.
The father's father is called the paternal grandfather; the mother's father is
the maternal grandfather.
GRANDMOTHER, domestic relations. The mother of one's father or mother.
The father's mother is called the paternal grandmother; the mother's mother is
the maternal grandmother.
GRANT, conveyancing, concessio. Technically speaking, grants are
applicable to the conveyance of incorporeal rights, though in the largest sense,
the term comprehends everything that is granted or passed from one to another,
and is applied to every species of property. Grant is one of the usual words in
a feoffment, and differs but little except in the subject-matter; for the
operative words used in grants are dedi et concessi, "have given and
2. Incorporeal rights are said to lie in grant and not in livery, for
existing only in idea, in contemplation of law, they cannot be transferred by
livery of possession; of course at common law, a conveyance in writing was
necessary, hence they are said to be in grant, and to pass by the delivery of
3. To render the grant effectual, the common law required the consent of the
tenant of the land out of which the rent, or other incorporeal interest
proceeded; and this was called attornment. (q. v.) It arose from the intimate
alliance between the lord and vassal existing under the feudal tenures., The
tenant could not alien the feud without the consent of the lord, nor the lord
part with his seigniory without the consent of the tenant. The necessity of
attornment has been abolished in the United States. 4 Kent, Com. 479. He who
makes the grant is called the grantor, and he to whom it is made the grantee.
Vide Com. Dig. h. t.; 14 Vin. Ab. 27; Bac. Ab. h. t. 4 Kent, Com. 477; 2 Bl.
Com. 317, 440; Perk. ch. 1; Touchs. c. 12; 8 Cowen's R. 36.
4. By the word grant, in a treaty, is meant not only a formal grant, but any
concession, warrant, order, or permission to survey, possess or settle; whether
written or parol, express, or presumed from possession. Such a grant may be made
by law, as well as by a patent pursuant to a law., 12 Pet. R. 410. See,
generally, 9 A. & E. 532; 5 Mass. 472; 9 Pick. 80.
GRANT, BARGAIN, AND SELL. - By the laws of the states of Pennsylvania,
Delaware, Missouri, and Alabama, it is declared that the words grant, bargain,
and sell) shall amount to a covenant that the grantor was seised of an estate in
fee, freed from encumbrances done or suffered by him, and for quiet enjoyment as
against all his acts. These words do not amount to a general warranty, but
merely to a covenant that the grantor has not done any acts nor created any,
encumbrance, by which the estate may be defeated. 2 Binn. R. 95 3 Penna. R. 313;
3 Penna., R. 317, note; 1 Rawle, 377; 1 Misso. 576. Vide 2 Caines R. 188; 1
Murph. R. 343; Id. 348; Ark. Rev. Stat, ch. 31, s. 1; 11 S. & R. 109.
GRANTEE. He to whom a grant is made.
GRANTOR. He by whom a grant is made.
GRASSHEARTH, old Engl. law. The name of an ancient customary service
of tenants doing one day's work for their landlord.
GRATIFICATION. A reward given voluntarily for some service or benefit
rendered, without being requested so to do, either expressly or by