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英文法律词典 G-6

分类: 法律英语 

GENERAL SHIP. One which is employed by the master or owners, on a particular voyage, and is hired by a number of persons, unconnected with each other, to convey their respective goods to the place of destination.

2. This contract, although usually made with the master, and not with the owners, is considered in law to be made with them also, and that both he and they are separately bound to the performance of it. Abbott on Ship. 112, 215, 216.

GENERAL SPECIAL IMPARLANCE, pleading. One in which the defendant reserves to himself " all advantages and exceptions whatsoever." 2 Chit. Pl. 408.

2. This kind of imparlance allows the defendant not only to plead in abatement and to the action, but also to the jurisdiction of the court. Gould on Pl. c. 2, §19. See Imparlance.

GENERAL TRAVERSE, pleading. One preceded by a general inducement, and denying, in general terms, all that is last before alleged on the opposite side, instead of pursuing the words of the allegations, which it denies. Gould on Pl. vii. 5, 6.

2. Of this sort of traverse, the replication de injuria sua propria, absque tali causa, in answer to a justification, is a familiar example. Bac. Ab. Pleas, H 1 Steph. Pl. 171; Gould, Pl. c. 7, §5 Archb. Civ. Pl. 194. Vide T?-averse; Special Traverse.

GENS. A word used by the Romans to represent race and nation. 1 Tho. Co. Litt. 259, n. 13. In the French law, it is used to signify people or nations, as Droit des Gens, the law of nations.

GENTLEMAN. In the English law, according to Sir Edward Coke, is one who bears a coat of armor. 2 Inst. 667. In the United States, this word is unknown to the law, but in many places it is applied, by courtesy, to all men. See Poth. Proc. Crim. sect. 1, App. §3.

GENTLEWOMAN. This word is unknown to the law in the United States, and is but little used. In England. it was, formerly, a good addition of the state or degree of a woman. 2 Inst. 667.

GENUS. It denotes the number of beings, or objects, which agree in certain general properties, common to them all, so that genus is, in fact, only an abstract idea, expressed by some general name or term; or rather a name or term, to signify what is called au abstract idea. Thus, goods is the generic name, and includes, generally, all personal property; but this word may be restrained, particularly in bequests to such goods as are of the same kind as those previously enumerated. Vide 3 Ves. 311 11 Ves. 657; 1 Eq. Cas. Ab. 201, pl. 14; 2 Ves. sen. 278, 280; Dig. 50, 17, 80; Id. 12, 1, 2, 3.

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