GUARDAFUI 



GUARINO 



111 



more usually >t\ led u guarantor than a tmrety, hut 

 tin- li:il)ility is the num.-. 



Such a contract must l>o in writing, for tlie 

 Statute of Frauds (29 Charles II. chap. 3) reiinired 

 that no action should le brought whereby to 

 charge the defendant upon any special promise to 

 \er for the debt, default, or miscarriage of 

 another person, unless the agreement or some 

 memorandum or note thereof should In- in writing 

 and signed liy tin; party to le charged therewith, 

 ime nth. -r person liy him lawfully authorised. 

 So that a surety can only lit- hound by some writing 

 signed by himself or his agent. And Lord Ten 

 terden's Act (9 (Jeo. IV. chap. 14, sect. 6) enacted 

 the same tiling as to persons making representa- 

 tions as to the character, ability, or dealings of 

 another, with intent that the latter may obtain 

 credit. In order to hind the surety, there must also 

 be no deceit or misrepresentation used as to the 

 nature of the risk or as to the state of the accounts. 

 If a guaranty is given to a linn, it is not binding 

 after a change in the firm, unless the parties ex- 



Sressly stipulate to the contrary. If the creditor 

 i-.'harges the principal, or even gives time, by way 

 of indulgence to him, the surety is released, for lie 

 is thereby put to a disadvantage. In general, the 

 creditor can sue either the principal or the surety 

 for the debt at his option, if the surety is obliged 

 to pay the debt of his principal, he can sue the prin- 

 cipal for the money so paid, and is entitled to nave 

 all the securities assigned to him, so as to enable 

 him to do so more effectually. If one "of two or 

 more sureties is made liable for the whole debt, he 

 may call upon his co-sureties to contribute equally 

 with himself. For the Scotch law, see CAUTION. 



Gliardafui, CAPE, the most eastern point of 

 the African continent, and the extremity of an 

 immense promontory (the Somali country) stretch- 

 ing seaward in an east-north-east direction, and 

 washed on the north-west by the Gulf of Aden and 

 on the south-east by the Indian Ocean. The cape 

 is in 11 f>0' N. lat. and 51 14' E. long. 



(liurdinii. in English law, is the legal re- 

 preseutative and custodier of infants i.e. persons 

 under the age of twenty-one. The feudal law of 

 guardianship was very elaborate ; but its provisions 

 have not been of practical importance since the 

 abolition of the Court of Wards in 1641. Under 

 the modern law, a father may, by deed or will, 

 appoint guardians for his child. Parents themselves 

 are called guardians by nature or for nurture ; a 

 father has the custody and control of his children, at 

 least until they attain the age of fourteen ; and this 

 right passes at his death to the mother, either alone 

 or jointly with any guardian whom he may have 

 appointed. The courts appoint guardians when 

 necessary ; thus a guardian <l litcni is appointed 

 to defend an action brought against an infant ; and 

 if an infant is made executor a guardian is ap- 

 pointed to administer during his minority. If the 

 infant is old enough to do so, he is sometimes per- 

 mit ted to choose liis guardian. A guardian is in a 

 fiduciary position, and his powers are usually exer- 

 cised under control of the court. For his powers 

 in regard to the infant's marriage, see INFANT. 



The L-ii.udian of a lunatic is usually called 

 a committee. In Scotland the word 'guardian' 

 is sometimes used in reference to lunatics, but 

 seldom applied, except in a popular sense, to tbo>e 

 who have the custody and care of children. In 

 corresponding cases in Scotland the custody of a 

 child under twelve, if female, or fourteen, if male, 

 belong! to her or his tutor ; and from those :i<_'rs 

 to twenty-one the child has no legal guardian, 

 being sui jurin, but the care of the child's property 

 belongs to a Curator. For guardians of the poor, 

 OR LAWS. 



are in all armies the elite of the troop*, 

 and form the sovereign's Ixxlyguard. In the Hiii i-h 

 MM \ ice the Guards compose what i- called the 

 ll'iu ..'hold Brigade, and include the l-t and 2d Life 

 Guards, the Royal Horse Guards (see Tin; \--iKR8), 

 t he ( irenadier Guards ( three bat talions ), ( 'oldstn>aiu 

 Guards (two battalions ), and Scots Guards, for- 

 merly Scots Fusiliers (two battalions), or aliont 

 l.soo' cavalry and 0000 infantry. Before the alnili 

 tion of purchase, the officers of the Foot Guards 

 held higher army rank than that they l*re regi- 

 mentally i.e. ensigns ranked with lieutenant* of 

 other regiments, lieutenants with captains, captains 

 with lieutenant-colonels ; and by exchanging into 

 the line they were enabled to take rank above 

 officers of much longer service. When purchase 

 was almlished in 187 1, -it was decided that officers 

 joining the Guards after that date should not hold 

 this exceptional rank. The brilliant services of 

 the French Guard in the Napoleonic wars are well 

 known. See also the articles NATIONAL GUARD, 

 SCOTS GUARDS, Swiss GUARDS. 



(.Hardship is a term used in two senses. In 

 the first place it is applied to a guardship of reserve, 

 which is practically a depOt ship for men employed 

 in vessels of the royal navy out of commission ; and 

 of these there are only three, stationed at Sheer- 

 ness, Portsmouth, and Plymouth. In the second 

 place the term is applied to vessels of the royal 

 navy which are stationed at other ports on the 

 coast ; they are the headquarters of the different 

 coastguard districts, and are kept manned with 

 reduced crews ; they can complete their crews at 

 any time from the men in the coastguard, and so 

 manned can proceed to sea at once as a lighting 

 squadron, and, indeed, are supposed to be in the 

 English Channel ready for action in four days after 

 a mobilisation order is issued. The Royal Naval 

 Reserve in some cases do their drill on board these 

 ships, which, however, are in no sense guard (i.e. 

 defence) ships for the particular ports at which 

 they are stationed. 



Gliarea, a genns of tropical American trees of 

 the natural order Meliocere, of some of which the 

 bark is tised as an emetic and purgative. G. 

 gratidifolia is called Musk-wood in some of the 

 islands of the West Indies, the bark smelling so 

 strongly of musk that it may be used as a perfume. 

 Although the tree attains timber si/e and nas been 

 employed for making rum hogsheads when other 

 material was scarce, the wood contains a bitter 

 resinous substance, the flavour and smell of which 

 is communicated to the spirits to their detriment. 



Guarini, GIOVANNI BATTISTA, poet, was lx>rn 

 at Ferrara, 10th Deceml>er 1537, studied at Pisa, 

 Padua, and Ferrara, and was appointed to a chair 

 at Ferrara. At the age of thirty he accepted ser- 

 vice at the court of Ferrara, and was entrusted by 

 Duke Alfonso II. with various diplomatic missions 

 to the pope, the emperor, Venice, and Poland. 

 He died in 1612 at Venice. As a poet, he is re- 

 markable lor refined grace of language and sweet- 

 ne^s of sentiment, while his defects are occasional 

 artificiality, a too constant recurrence of antitheti- 

 cal imagery, and an affected dallying with his ideas. 

 His chief and most popular work, // J'onti>r Fulo 

 ('The Faithful Swain'), obtained a high measure 

 of popularity on its appearance, and passed through 

 forty editions in the author's lifetime, though it is 

 really an imitation of Tasso's Ainintn. An (in- 

 complete) edition of Guarini's varied writings, 

 including sonnets, comedies, .satires, and political 

 treatises, was published at Verona in 1737 (4 vols.). 

 See the monograph by Rossi (Turin, 1886). 



Gliarino (Lat. Varinus), a learned Italian, 

 born at Verona in 1370, went to Constantinople in 



