英文法律词典 G-3

TO GARNSIH. To warn; to garnish¹ the heir, is to warn the heir. Obsolete².

GARNISHEE, practice. A person who has money or property in his possession, belonging to a defendant³, which money or property has been attached in his hands, and he has had notice of such attachment⁴; he is so called because he has had warning or notice of the attachment.

2. From the time of the notice of the attachment, the garnishee is bound to keep the property in his hands to answer the plaintiff's claim, until the attachment is dissolved, or he is otherwise discharged. Vide Serg. on Att. 88 to 110; Com. Dig. Attachment, E.

3. There are garnishees also in the action of detinue. They are persons against whom process is awarded, at the prayer of the defendant, to warn them to come in and interplead with the plaintiff. Bro. Abr. Detinue, passim.

GARNISHMENT⁵. A warning to any one for his appearance, in a cause in which he is not a party, for the information of the court, and explaining a cause. For example, in the practice of Pennsylvania, when an attachment issues against a debtor⁶, in order to secure to the plaintiff a claim due by a, third person to such debtor, notice is given to such third person, which notice is a garnishment, and he is called the garnishee.

2. In detinue, the defendant cannot have a sci. fac. to garnish a third person unless he confess the possession of the chattel⁷ or thing demanded. Bro. Abr. Garnishment, 1, 5. And when the garnishee comes in, he cannot vary or depart from the allegation of the defendant in his prayer of garnishment. The plaintiff does not declare de novo against the garnishee; but the garnishee, if he appears in due time, may have oyer of the original declaration to which he pleads. See Bro. Abr. Garnishee and Garnishment, pl. 8, and this title, passim.

GAUGER⁸. An officer appointed to examine all tuns, pipes, hogsheads, barrels, and tierces of wine, oil, and other liquids, and to give them a mark of allowance, as containing lawful⁹ measure.

GAVEL. A tax, imposition or tribute; the same as gabel. (q. v.)

GAVELKIND. Given to all the kindred, or the hold or tenure¹⁰ of a family, not the kind of tenure. Eng. law. A tenure or custom annexed¹¹ or belonging to land in Kent, by which the lands of the father are equally divided among all his sons, or the land of the brother among all his brothers, if he have no issue of his own. Litt. s. 210.

GELD, old Eng. law. It signifies a fine or compensation for an offence; also, rent, money or tribute.

GEMOTE. An assembly. Wittena gemote, during the time of the Saxons in England, signified an assembly of wise men. The parliament.