GUARANTEE

842

GUARDIAN

Q. B. 144: Harburg Co. v. Martin, 71 L. J. K. B. 529; 1902, 1 K. B. 778.

V. CONTINUING GUARANTEE: ADVANCE: FORBEAR: GIVEN: RECEIVED, at end. Cp, INSURANCE. Va, HESITATE: COLLIERY GUARANTEE "I guarantee my estates at C. for the payment of the above legacies"; V. Willox v. Rhodes, 2 Russ. 452.

GUARANTEED. This word in a Charter Party "has no technical meaning. It is no more than 'I have promised'; and means probably that the ship shall be ready" (or whatever be the thing guaranteed), -"provided she be not prevented by the excepted perils " (per Willes, J., Barker v. M'Andrew, 34 L. J. C. P. 194; 18 C. B. N. S. 759; cited with approval by Esher, M. R., Nottebohm v. Richter, 56 L. J. Q. B. 33; 18 Q. B. D. 66; 35 W. R. 300).

Guaranteed Company," quà Indian Guaranteed Railways Act, 1879, 42 & 43 V. c. 41, means, either of the following, - Gt Indian Peninsular Ry; Madras Ry; Bombay, Baroda, & Central India Ry; Scinde, Punjaub, & Delhi Ry; Eastern Bengal Ry; South Indian Ry; Oude & Rohilcund Ry; "and any Ry Co which for the time being constructs, maintains, or works, a Railway under any guarantee from, or arrangement with, the Secretary of State for India in Council" (s. 1).

"Guaranteed Rate of Interest" to Preference Shareholders in a Building Socy; V. Re Reliance Bg Socy, 61 L. J. Ch. 453.

"Registration guaranteed"; V. REGISTRATION.

"Guaranteed" as a Trade Name; V. Symington v. Footman, W. N. (87) 70; 56 L. T. 696.

GUARDIAN." Guardian," when standing alone, generally means "Guardian of the Person. An Infant may have several Guardians: he may have a Guardian of the Person, or a Guardian in Socage, or in Gavel kind, or, if he has a Copyhold estate, a Guardian according to the Custom of the Manor "; but, generally, the word means, Guardian of the Person (per Jessel, M. R., Rimington v. Hartley, 14 Ch. D. 632): in s. 6, Partition Act, 1876, 39 & 40 V. c. 17, it means, the Guardian ad litem (Ib.). As to Guardian ad litem; V. R. 18 and 19, Ord. 16, R. S. C., on whe Ann. Pr.

Guardian for Nurture; V. NURTURE.

V. WARD.

Quà Church Patronage (Scot) Act, 1874, 37 & 38 V. c. 82, "Guardian," includes, "Tutors, and Curators of pupils or minors or of persons labouring under incapacity or disability; and Factors loco tutoris, and Factors loco absentis" (s. 9).

Quà Summary Jurisdiction of Justices, "Guardian," includes, any person who (in the opinion of the Court) "has for the time being the charge of, or control over," the Child (42 & 43 V. c. 49, s. 49; 47 & 48 V. c. 19, s. 9).

GUARDIANS

843

GUILDHALL

GUARDIANS.-"Board of Guardians"; V. s. 16 (1), (3), Interp

Act, 1889.

Prior Stat. Def.

9 & 10 V. c. 96, s. 17; 35 & 36 V. c. 79, s. 60; 36 & 37 V. c. 86, s. 27; 37 & 38 V. c. 88, s. 48; 38 & 39 V. c. 55,

S. 4.

Ir. 43 & 44 V. c. 13, s. 38; 52 & 53 V. c. 56, s. 9. Subsequent Stat. Def. 53 & 54 V. c. 5, s. 341;

s. 19.

59 & 60 V. c. 50,

Overseers or Guardians of the Parish, ss. 46 and 109, 4 & 5 W. 4, c. 76; V. R. v. St. Pancras, E. B. & E. 583: R. v. St. George, Hanover Sq., 13 Q. B. 642; 18 L. J. M. C. 160.

Vh, Glen's Poor Law: 6 Encyc. 114-123.

GUEST.-An innkeeper's "Guest" is a TRAVELLER, passenger, wayfarer, or such like person, who, by himself, or his beast, has been, however temporarily, accepted to, and remains under, hospitality within an INN or its CURTILAGE (Calye's Case, 1 Sm. L. C. 141, and cases there collected: Bennett v. Mellor, 5 T. R. 273: Yorke v. Grenaugh, 2 Raym. Ld. 866: Medawar v. Grand Hotel Co, 1891, 2 Q. B. 11; 60 L. J. Q. B. 209: Orchard v. Bush, 1898, 2 Q. B. 284; 78 L. T. 557; 67 L. J. Q. B. 650; 46 W. R. 527: Add. C. 684: Sv, Strauss v. County Hotel Co, 53 L. J. Q. B. 25; 12 Q. B. D. 27: Manning v. Wells, 9 Humph. 748). When he has stayed sufficiently long to obtain the necessary food and lodging for his journey he loses the character and peculiar privileges of a Guest, e.g. the right to demand refreshment; and, semble, the Innkeeper's Lien also ceases (Burgess v. Clements, 4 M. & S. 306: Lamond v. Richard, 1897, 1 Q. B. 541; 66 L. J. Q. B. 315; 76 L. T. 141. Cp, BOARDER: LODGER).

"From the point of view of authority, I do not think that there is much to be said for the proposition that 'Guest' is limited to 'Wayfarer.' It is true that in old times Guests were most frequently Wayfarers, but the liability of the Innkeeper arises whenever he receives a person causâ hospitandi or hospitii" (per Wills, J., Orchard v. Bush, sup). But that dictum was obiter, for the plt was held to be a Wayfarer, and the dictum itself seems inconsistent with Burgess v. Clements and Lamond v. Richard, sup, and with R. v. Rymer and R. v. Luellin, cited TRAVELLER; Sv, Parker v. Flint, cited LODGER, towards end.

GUEST-TAKER.An Agistor; V. AGIST.

GUILD.-V. GILD.

GUILDHALL.- Quà London Bg Act, 1894, "Guildhall," " means, the land, offices, courts, and buildings commonly called The Guildhall, and the offices, courts, and buildings adjoining or appurtenant thereto, which now are used by, or may hereafter be erected for the use of, the Corporation or of any Committee, Commission, or Society, appointed by them" (subs. 45, s. 5).

GUILTY

844

CUTTER

GUILTY." Plead Guilty "; V. TRUTH.

Guilty Mind: V. KNOWINGLY: MENS REA.

GULE. Cowel).

GUN..

Gule of August, i.e. the 1st of August (Termes de la Ley:

For the purposes of the Gun License Act, 1870, 33 & 34 V. c. 57, "Gun," includes, a Firearm of any description, and an Air-gun or any other kind of gun from which any shot, bullet, or other missile, can be discharged (s. 2). A small Toy Pistol is a "Firearm" within this definition (Campbell v. Hadley, 40 J. P. 756).

V. ATTEMPT: ACCESSORY.

GUNPOWDER. —Quà Peace Preservation (Ir) Act, 1870, 33 & 34 V. c. 9, "Gunpowder" includes, “Gun Cotton, and any other EXPLOSIVE Matter used for the discharge of Firearms" (s. 3).

GURGES." Gurges, a deepe pit of water, a gors or gulfe, consisteth of water and land; and therefore by the grant thereof by that name the soile doth passe . . . In Domesday it is called guort, gort, and gors plurally as for example, de 3 gorz mille anguille" (Co. Litt. 5 b: Vƒ, Termes de la Ley, Gors). "By the name of Stagnum a pool, or Gurges a gulf, the water, land, and fish in the water, will pass" (Touch. 95). V. POOL.

This word is also used for "WEIR" (Spelm. Gloss. Gors); and V. "Gurgites," ""Gors," and "Wears" discussed by Willes, J., Malcomson v. O'Dea, 10 H. L. Ca. 619. Vf, Elph. 583: KIDEL.

GURNEY.—V. RUSSELL GURNEY'S ACTS.

GUT."Gut," in its ordinary signification, connotes "a portion of the animal form as a necessary part of its constitution" (per Ridley, J., London Co. Co. v. Hirsch, 81 L. T. 449; 63 J. P. 822); therefore, manufactured Sausage Casings are no longer "guts"; and the business of sorting, re-packing, and supplying them to sausage makers is not within an Order declaring as OFFENSIVE" the business of a "Gut Scraper, i.e. any business in which gut is cleansed, scraped, or dealt with, otherwise than for the manufacture of catgut" (S. C.).

GUTTER.-V. DRAIN.

As used in 23 H. 8, c. 5, "a Gutter is of a less size and of a narrower passage and current, than a SEWER is; and, as I take it, a Gutter is the diminutive of a sewer: and the difference between them is, That a Sewer is a common public stream, and a Gutter is a straight private running water; and the use of a Sewer is common, and of a Gutter peculiar " (Callis, 80).

HABEAS CORPUS-HABITUAL

HABEAS CORPUS. "Habeas corpus,' is a writ the which a man indited of any trespasse before Justices of the Peace, or in a Court of any Franchise, and upon his apprehension being laid in prison for the same, may have out of the King's Bench thereby to remove himselfe thither at his own costs and to answer the cause there; F. N. B. fol. 250 " (Termes de la Ley).

The Habeas Corpus Act, 1679, 31 Car. 2, c. 2.

Vh, Jacob: 6 Encyc. 129-147: Short & Mellor's Crown Office Practice.

HABENDUM. The office of the PREMISES (in a Deed) is to express the names of the parties &c; "the office of the Habendum is to limit the estate, so that the generall implication of the estate which by construction of law passeth in the Premisses is by the Habendum controlled and qualified" (Termes de la Ley). Vf, 2 Bl. Com. 298: Wms. R. P. ch. 9. When a man limits a thing before the Habendum, and afterwards says, habendum for Years, or for Life, or in Fee, and does not name the thing in the Habendum, it shall be referred to the thing mentioned before the Habendum, and it is not necessary to repeat the thing again in the Habendum" (Wrotesley v. Adams, Plowd. 196). V. HAVE AND TO HOLD. The Habendum of a Lease only marks the duration of the lessee's Interest; its operation as a Grant is merely prospective (per Eyre, C. J., Wyburd v. Tuck, 1 B. & P. 464); therefore, the Lessee is only liable on his covenants from the execution of the Lease, though its habendum states the commencement of the term as from a previous DATE (Shaw v. Kay, 17 L. J. Ex. 17; 1 Ex. 412). Cp, LAST PAST.

HABIT. V. IMMORAL.

HABITABLE. - Quà London Bg Act, 1894, "Habitable,' applied to a Room, means, a Room constructed or adapted to be INHABITED " (subs. 38, s. 5).

"Fit for Habitation "; V. FIT.

Habitable Repair. V. REPAIR.

HABITUAL. Habitual Criminal; V. 6 Encyc. 147, 148.

Quà Habitual Drunkards Act, 1879, 42 & 43 V.

c. 19, Habitual Drunkard,' means, a person who (not being amenable to any jurisdiction in Lunacy) is notwithstanding - by reason of habitual intemperate

HABITUAL

846

HAD

drinking of Intoxicating Liquor at times dangerous to himself or her self or to others, or incapable of managing himself or herself and his or her affairs" (subs. 3 (3b), s. 3). Vh, Inebriates Acts, 1898, 1899. To allege of a person that he is an Habitual Drunkard is not SLANDER per se (Alexander v. Jenkins, 1892, 1 Q. B. 797; 61 L. J. Q. B. 634). Habitual Trade; V. Odwell v. Willesden, cited NEW BUILDING.

HÂC RE. V. IN HAC RE.

HACKNEY CARRIAGE.-"I think that a Hackney Carriage is a Carriage exposed for HIRE to the public, whether standing in the public street, or exposed for public use in a private gateway. The test is whether the Carriage is held out for the general accommodation of the public" (per Lush, J., Bateson v. Oddy, 43 L. J. M. C. 131; 30 L. T. 712; 22 W. R. 703). Vh, Skinner v. Usher, 41 L. J. M. C. 158; L. R. 7 Q. B. 423: Case v. Storey, L. R. 4 Ex. 319; 38 L. J. M. C. 113. Quà Customs and Inl. Rev. Act, 1888, 51 & 52 V. c. 8, "Hackney Carriage,' means, any CARRIAGE standing or plying for HIRE; and includes, any Carriage let for hire by a coachmaker, or other person, whose trade or business it is to sell carriages or to let carriages for hire; provided that such carriage is not let for a period amounting to 3 months or more (subs. 3, s. 4). A Public Omnibus is within that def, and liable only to the lower duty of 15s. (Hickman v. Birch, 59 L. J. M. C. 22; 24 Q. B. D. 172; 6 Times Rep. 104). Vf, OMNIBUS.

Quà Metropolitan Public Carriage Act, 1869, 32 & 33 V. c. 115, "Hackney Carriage " means, "any Carriage for the conveyance of PasSENGERS which plies for Hire within the limits of this Act, and is not a STAGE CARRIAGE" (s. 4): Vf, 1 & 2 W. 4, c. 22, s. 4; 6 & 7 V. c. 86, s. 2. Cp, CAB.

Quà Town Police Clauses Act, 1847, 10 & 11 V. c. 89, ss. 37, 40–52, 54, 58, and 60-67, "Hackney Carriage," "Hackney Coach," and "CARRIAGE," include every OMNIBUS (s. 4, 52 & 53 V. c. 14); but, observe, that though by s. 38 of the T. P. C. Act " every WHEELED CARRIAGE, whatever may be its form or construction" may be a Hackney Carriage, quà the Act, yet it must be one "used in standing or plying for hire in any Street"; and vth, Curtis v. Embery and Jones v. Short, cited STREET.

Quà the Dublin Carriage Acts, 1853 and 1854, " Hackney Carriage," includes, "every carriage constructed with less than four wheels used for Passengers (except a Stage Carriage, or any carriage known as Hansom's Patent Safety Cab) which shall be used for the purpose of standing or plying for Hire in any Street or Road, or any place within the limits of " the Act of 1853 (17 & 18 V. c. 45, s. 10). Cp, CAB: JOB.

"Hackney Carriage plying for hire "; V. PLY.

HAD." Had" sometimes means "obtained," e.g. "afore Execution had"; V. EXECUTION.