英文法律词典 G-13

GOUT, med. jur. contracts. An inflammation of the fibrous and ligamentous parts of the joints¹.

2. In cases of insurance on lives, when there is warranty² of health, it seems that a man subject to the gout, is a life capable of being, insured, if he has no sickness at the time to make it an unequal contract. 2 Park, Ins. 583.

GOVERNMENT, natural and political law. The manner in which sovereignty is exercised in each state.

2. There are three simple forms of government, the democratic, the aristocratic, and monarchical³. But these three simple forms may be varied⁴ to infinity⁵ by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted⁶ the executive power. It is taken in this sense when the government is spoken of in opposition⁷ to other bodies in the state.

3. Governments are also divided into monarchical and republican; among the monarchical states may be classed empires, kingdoms, and others; in these the sovereignty resides in, a single individual. There are some monarchical states under the name of duchies, counties, and the like. Republican states are those where the sovereignty is in several persons. These are subdivided⁸ into aristocracies, where the power is exercised by a few persons of the first rank in the state; and democracies, which are those governments where the common people may exercise the highest powers. 1 Bouv. Inst. n. 20. See Aristocracy; Democracy; Despotism; Monarchy⁹; Theocracy¹⁰.

4. It should be remembered, however, that governments, for the most part, have not been framed on models. Their parts and their powers grew out of occasional acts, prompted by some urgent expediency¹¹, or some private interest, which, in the course of time, coalesced¹² and hardened into usages. These usages became the object of respect and the guide of conduct long before they were embodied¹³ in written laws. This subject is philosophically¹⁴ treated by Sir James McIntosh, in his History of England. See vol. 1, p. 71, et seq.

GOVERNOR. The title of the executive magistrate¹⁵ in each state and territory of the United States. Under the names of the particular states, the reader will find some of the duties of the governor of such state.

GRACE. That which a person is not entitled to by law, but which is extended to him as a favor; a pardon, for example, is an act of grace. There are-certain days allowed to a payer of a promissory note or bill of exchange, beyond the time which appears on its face, which are called days of grace. (q. v.)

GRADUS. This is a Latin word, literally¹⁶ signifying a step; figuratively it is used to designate a person in the ascending¹⁷ or descending¹⁸ line, in genealogy¹⁹; a degree.

GRAFFER. This word is a corruption²⁰ of the French word greffier, a clerk, or prothonotary. It signifies a notary²¹ or scrivener; vide stat. 5 Hen. VII 1. c. 1.

GRAFT²². A figurative term in chancery practice, to designate the right of a mortgagee in premises²³, to which the mortgagor at the time of making the mortgage had an imperfect title, but who afterwards obtained a good title. In this case the new mortgage is considered a graft into the old stock, and, as arising in consideration of the former title. 1 Ball & Beat. 46; Id. 40; Id. 57; 1 Pow. on Mortg. 190. See 9 Mass. 34. The same principle has obtained by legislative²⁴ enactment²⁵ in Louisiana. If a person contracting an obligation towards another, says the Civil Code, art. 2371, grants a mortgage on property of which he is not then the owner, this mortgage shall be valid²⁶, if the debtor²⁷ should ever acquire the ownership of, the property, by whatever right.

GRAIN, weight. The twenty-fourth part of a pennyweight.

2. For scientific purposes the grain only is used, and sets of weights are constructed in decimal progression, from 10,000 grains downward to one hundredth of a grain.

GRAIN, corn. It signifies wheat, rye, barley²⁸, or other corn sown in the ground In Pennsylvania, a tenant²⁹ for a certain term is entitled to the way-going crop. 5 inn. 289, 258; 2 Binn. 487; 2 Serg. & Rawle, 14.