英文法律词典 G-10

GIVER, contracts. He who makes a gift. (q. v.) By his gift, the giver always impliedly agrees with the donee that he will not revoke¹ the gift.

GIVING IN PAYMENT. This term is used in Louisiana; it signifies that a debtor², instead of paying a debt he owes in money, satisfies his creditor³ by giving in payment a movable or immovable. Vide Dation en paiement.

GIVING TIME, contracts. Any agreement by which a creditor gives his debtor a delay or time in paying his debt, beyond that contained in the original agreement. When other persons are responsible to him, either as drawer, endorser⁴, or surety, if such time be given without the consent of the latter, it discharges them from responsibility to him. 1 Gall⁵. Rep. 32; 7 John. R. 332; 10 John. Rep. 180; Id. 587 Kirby, R. 397 3 Binn. R. 523; 2 John. Ch. R. 554; 3 Desaus. Ch. Rep. 604; 2 Desaus. Ch. R. 230, 389 2 Ves. jr. 504; 6 Ves. jr. 805 3 Atk. 91; 2 Bos. & Pull,. 62; 4 M. & S. 232; Bac. Ab. Obligations, D; 6. Dow. P. C. 238; 3 Meriv. R. 272; 5 Barn., & A. 187. Vide 1 Leigh's N . P. 31; 1 B. & P. 652; 2 B. & P. 61; 3 B. & P. 363; 8 East, R. 570; 3 Price, R. 521; 2 Campb. R. 178. 12 East,.R. 38; 5 Taunt⁶. R. 319; S. C. 1 E. C. L. R. 119; Rosc. Civ. Ev. 171; 8 Watts⁷, R. 448; 4 Penn. St. R. 73; 10 Paige, 76; and the article Forbearance.

2. But more delay in suing, without fraud or any agreement with the principal, is not such giving time as will discharge the surety. 1 Gallis. 32; 2 Pick. 581 3 Blackf. 93 7 John. 332. See Surety.

GLADIUS. In our old Latin authors, and in the Norman laws, this word was used to signify supreme⁸ jurisdiction⁹, jus gladii.

GLEANING¹¹. The act of gathering¹² such grain in a field where it grew, as may, have been left by the reapers¹³ after the sheaves were gathered.

2. There is a custom in England, it is said, by which the poor are allowed to enter and glean¹⁰ upon another's land after harvest without being guilty of a trespass¹⁴. 3 Bl. Com. 212 . But it has been decided¹⁵ that the community are not entitled to claim this privilege as a right. 1 Hen. Bl. 51. In the United States, it is believed, no such right exists. This right seems to have existed in some parts of France. Merl. Rep. mot Glanage. As to whether gleaning would or would not amount to larceny¹⁶, vide Woodf. Landl. & Ten. 242; 2 Russ. on Cr. 99. The Jewish law may be found in the 19th chapter of Leviticus, verses 9 and 10. See Ruth, ii. 2, 3; Isaiah, xvii. 6.

GLEBE, eccl. law. The land which belongs to a church. It is the dowry of the church. Gleba est terra qua consistit dos ecclesiae. Lind. 254; 9 Cranch, Rep. 329. In the civil law it signified the soil of an inheritance; there were serfs of the glebe, called gleboe addicti. Code, 11, 47, 7 et 21; Nov. 54, c. 1.

GLOSS¹⁷. Interpretation¹⁸, comment, explanation, or remark, intended to illustrate¹⁹ the text of an author.

GLOSSATOR. A commentator²⁰ or annotator²¹ of the Roman law. One of the authors of the Gloss.