GIFT INTER1 Vivos. A gift made from one or more persons, without any prospect2 of immediate3 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 essentially4. 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, revoke5 it. 7 Taunt6. 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 donor7 while in peril8 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 marriage.
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 nomination10, 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 paternal11 or maternal12 grandfather. Swed- Code, tit. of Marriage.
GILL. A measure of capacity, equal to one-fourth of a pint13. Vide Measure.
GIRANTEM, mer. law. An Italian word,, which signifies the drawer. It is derived14 from, girare, to draw, in the same manner as the English verb to murder, is transformed into murdrare in our old indictments15. Hall, Mar9. Loans, 183, n.
GIRTH., A girth or yard is a measure of length. The word is of Saxon origin, taken from the circumference16 of the human body. Girth is contracted from girdeth, and signifies as much as girdle. See Ell.
GIST17, 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 nominal18 damages, and he gets his principal satisfaction on account of matter altogether collateral19 thereto. A familiar instance of this is the case where a father sues the defendant20 for a trespass21 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 averred22 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.
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