GAMING HOUSES, crim. law. Houses kept for the purpose of pemitting persons to gamble for money or other valuable thing. They are nuisances in the eye of the law, being detrimental1 to the public, as they promote cheating and other corrupt2 practices. 1 Russ. on Cr. 299; Roscoe's Cr. Ev. 663; Hawk3. B. 1, ch. 75, s. 6; 3 Denio's R. 101; 8 Cowen, 139; This offence is punished in Pennsylvania, an perhaps in most of the states, by statutory provisions.
GANANCIAL, Spanish law. A term which in Spanish signifies nearly the same as acquets. Bienes gananciales are thus defined: " Aquellos que el marido y la muger o cualquiera de los dos adquieren o aumentan durante el matrimonio por compra o otro contrato, 6 mediante su trabajo e industria, como tambien los frutos de los bienos proprios que cada uno elevo al matrimonio, et de los que subsistiendo este adquieran para si por cualquier titulo." 1 Febr. Nov. lib. 1, tit. 2, c. 8, s. 1. This is a species of community; the property of which it is formed belongs in common to the two consorts4, and, on the dissolution of the marriage, is divisible between them in equal shares. It is confined to their future acquisition durante el matrimonio, and the frutos, or rents and profits of the other property. 1 Burge on Confl. of Laws, 418, 419; Aso & Man. Inst. B. 1, t. 7, c. 5, §1.
GAOL5. A prison or building designated by law or used by the sheriff, for the confinement6 or detention7 of those, whose persons are judicially8 ordered to be kept in custody9., This word, sometimes written jail, is said to be derived10 from the Spanish jaula, a cage, (derived from caula,) in French geole, gaol. 1 Mann. & Gran. 222, note a. Vide 6 John. R. 22; 14 Vin. Ab. 9; Bac. Ab. h. t.; Dane's Ab. Index, h. t.; 4 Com. Dig. 619; and the articles Gaoler; Prison; Prisoner.
GAOL-DELIVERY, Eng. law. To insure the trial, within a certain time, of all prisoners, a patent in the nature of a letter is issued from the king to certain persons, appointing them his justices, and authorizing11 them to deliver his goals. Cromp. Jurisd. 125; 4 Inst. 168; 4 Bl. Com. 269; 2 Hale, P. C. 22, 32; 2 Hawk. P. C. 14, 28. In the United States, the judges of the criminal courts are required to cause the accused to be tried within the times prescribed by the local statutes12, and the constitutions rcqpire a speedy trial.
GAOLER. The keeper of a gaol or prison, one who has the legal custody of the placo where prisoners are kept.
2. It is his duty to keep the prisoners in safe custody, and for this, purpose he may use all necessary force. 1 Hale, P. C. 601. But any oppression of a prisoner under a pretended necessity will be punished; for the prisoner, whether he be a debtor13 or a criminal, is entitled to the protection of the laws from oppression.
GARDEN. A piece of ground appropriated to raising plants and flowers.
2. A garden is a parcel of a house and passes with it. Br. Feoffm. de terre, 53; 2 Co. 32; Plowd. 171; Co. Litt. 5 b, 56 a, b. But see Moore, 24; Bac. Ab. Grants, I.
GARNISH14, Eng. law. Money paid by a prisoner to his fellow prisoners on his entrance into prison. .
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