英文法律词典 G-9

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.