英文法律词典 G-16

GRANTEE. He to whom a grant is made.

GRANTOR. He by whom a grant is made.

GRASSHEARTH, old Engl. law. The name of an ancient customary service of tenants¹ doing one day's work for their landlord.

GRATIFICATION. A reward given voluntarily for some service or benefit rendered, without being requested so to do, either expressly or by implication.

GRATIS². Without reward or consideration.

2. When a bailee undertakes to perform some act or work gratis, he is answerable for his gross negligence³, if any loss should be sustained in consequence of it; but a distinction exists between non-feasance and misfeasance; between a total omission⁴ to do an act which one gratuitously⁶ promises to do, and a culpable⁷ negligence in the execution of it; in the latter case he is responsible, while in the former he would not, in general, be bound to perform his contract. 4 Johns. R. 84; 5 T. 143; 2 Ld. Raym. 913.

GRATIS DICTUM. Assaying not required; a statement voluntarily made without necessity.

GRATUITOUS⁵ CONTRACT, civ. law. One, the object of which is for the benefit of the person with whom it is made, without any profit, received or promised, as a consideration for it as, for example, a gift. 1 Bouv. Inst. n. 709.

GRAVAMEN. The grievance⁸ complained of; the substantial cause, of the action. See Greenl. Ev. §66.

GRAVE. A place where a dead body is interred⁹.

2. The violation¹⁰ of the grave, by taking up the dead body, or stealing the coffin¹¹ or grave clothes, is a misdemeanor at common law. 1 Russ. on. Cr. 414. A singular case, illustrative of this subject, occurred in Louisiana. A son, who inherited a large estate from his mother, buried her with all her jewels, worth $2000; he then made a sale of all he inherited from his mother, for $30,000. After this, a thief broke the grave and stole the jewels, which, after his conviction, were left with the clerk of the court, to be delivered to the owner. The son claimed them, and so did the purchaser of the inheritance; it was held that the jewels, although buried with the mother, belonged to the son, and, that they passed to the purchaser by a sale of the whole inheritance. 6 Robins¹². L. R. 488. See Dead Body.

3. In New York, by statutory enactment¹³, it is provided, that every person who shall open a grave, or other place of interment, with intent, 1. To remove the dead body of any human being, for the purpose of selling the same, or for the purpose of dissection¹⁴; or, 2. To steal the coffin, or any part thereof, or the vestments or other articles interred with any dead body, shall, upon conviction, be punished by imprisonment¹⁵, in a state prison, not exceeding two years, or in a county gaol¹⁶, not exceeding six months, or by fine not, exceeding two hundred and fifty dollars, or by both such fine and imprisonment. Rev¹⁷. Stat. part 4, tit. 5, art. 3, §15.