812 
GAO 
GAO 
GANG, in the sea language, the same 
with crew. The company with which a 
ship’s boat is manned is called the cockswain’s 
crew or gang. 
Gang, or Gangue, in mineralogy. The 
word gang is used by German mineralogists 
tb denote a metallic vein. Now, it is not 
often that these veins consist entirely of ore ; 
in general they contain stony matter besides. 
For instance, in the copper-mine at Airthry, 
near Stirling, the copper ore is merely a 
narrow stripe in the middle of the vein, and 
the rest of it is tilled up with sulphat of ba- 
rytes. We use the word gangue as the 
French do, to denote* not the metallic vein, 
but the stony matter which accompanies the 
ore in the vein. The gangue of the copper 
ore at Airthry is sulphat of barytes. 
Gang-way, is the several passages or ways 
from one part of the ship to the other ; and 
whatever is laid in any of those passages is 
said to lie in the gang-way. 
GANGLIO, or Ganglion. See Sur- 
gery. 
GANGRENE. See Surgery. 
GANTLET, or Gauntlet, a large kind 
of glove made of iron, and the lingers cover- 
ed with small plates. It was formerly worn 
by cavaliers, when armed at all points. 
GAOL. Gaols are of such universal con- 
cern to the public, that none can be erected 
by any less authority than an act of parlia- 
ment. 2 Inst. 705. 
All prisons and gaols belong to the king, 
although a subject may have the custody or 
keeping of them. 2 Inst. 100. 
The justices of the peace at their general 
quarter-sessions, or the major part of them, 
f wovided that such major part shall not be 
ess than seven, upoti presentment made by 
the grand jury at the assizes of the insuffi- 
ciency, inconvenience, or want of repair of 
the gaol, may contract for the building, re- 
pairing, or enlarging the same, together with 
the yards, courts, and outlets thereof, and 
adding such other building, and making such 
conveniences, as shall be thought requisite ; 
or for erecting any new gaol within any dis- 
tance not exceeding two miles from the site, 
and in that case for selling the old gaol and 
the site thereof, and also the materials of the 
old gaol ; tile contractors giving security to 
the clerk of the peace for the performance of 
the contract. 24 Geo. III. c. 54. 
The expence of building, rebuilding, or 
enlarging such gaols, and such other neces- 
sary incidental expences as aforesaid, shall 
be paid out of the county- rate; and when 
the account of such expence shall exceed 
half the amount of the ordinary annual as- 
sessment for the county-rate (to be computed 
at a medium for the last preceding live years), 
the justices in session may borrow in mort- 
gage of the said rates any sum not less than 
50/. nor exceeding 100/. and may order the 
growing interest and so much. of the princi- 
pal sum as shall be equal at least to such in- 
terest, to be paid off yearly, till the whole 
thereof shall be discharged, and an account 
thereof shall be kept in a book provided for 
that purpose ; and such book shall be deli- 
vered into court at every quarter-session to 
be inspected by the justices, who shall make 
such orders relating thereto as to them shall 
seem meet: provided that the whole sum of 
money borrowed be fully paid within four- 
teen years from the time of borrowing it. Id. 
GAO 
As there are several persons confined in 
the dounty and city gaols under sentence and 
order made by one or more justices at their 
sessions, or otherwise, upon conviction in a 
summary way without the intervention of a 
jury ; it is therefore, by 24 Geo. III. c. 56., 
enacted, that any judge of assize, or two jus- 
tices, within whose jurisdiction such gaol is 
situated, may remove such persons to any 
house of correction within the same jurisdic- 
tion, there to be confined, and to remain in 
execution of such sentence or order. 
For the relief of prisoners in gaols, justices 
of the peace in sessions have power to tax 
every parish in the county, not exceeding 
6s. 8 d. per week, leviable by constables, and 
distributed by collectors, &c. 12 Car. II. 
c. 29. 
But it is observed by lord Coke, that the 
gaoler cannot refuse the prisoner victuals, 
tor lie ought not to suffer him to die tor want 
of sustenance. 1 Inst. 295. 
If any subject of this realm shall be com- 
mitted to prison for any criminal or sup- 
posed criminal matter, lie shall not be re- 
moved thence, unless by habeas corpus, or 
some other legal writ ; or where he is re- 
moved from one prison or place to another 
within the same county, in order to his trial 
or discharge; or in case of sudden fire or in- 
fection, or other necessity; on pain that the 
person signing any warrant for such removal, 
and he who executes the same, shall forfeit 
to the party grieved 100/. for the first of- 
fence, and 200/. for the second, &c. 
Gaol or Prison Breaking, at the com- 
mon law, was felony, for whatever cause the 
party was imprisoned ; but by 1 Ed. II. st. 2. 
the severity of the common law is mitigated, 
which enacts, that no person shall have judg- 
ment of life or member, for breaking prison, 
unless 'committed for some capital offence; 
so that, unless the commitment is for treason 
or felony, the breaking of prison is not felony, 
but is otherwise punishable as a misdemeanor 
only, by fine and imprisonment. 4 Black. 
130. 
Any place whatever, wherein a person 
under a lawful arrest for a supposed crime is 
restrained of his liberty, whether in the stocks 
or street, or in the common gaol, or the 
house of a constable, or a private person, is a 
prison in this respect, for a prison is nothing 
else but a restraint of liberty ; and therefore 
this extends as well to a prison in law, as to 
a prison in deed. 2 Inst. 589. 
lie that breaks prison may be proceeded 
against for such a crime, before he is con- 
victed of the crime for which he is commit- 
ted, because the breach of prison is a distinct 
independant offence ; but the sheriff’s return 
of a breach of prison is not a sufficient 
ground to arraign a man without an indict- 
ment. 2 Haw. 197. 
It is not sufficient to indict a man gene- 
rally for having feloniously broken prison ; 
but the case must be set forth specially, that 
it may appear that he was lawfully in prison, 
and for a capital offence. 2 Inst. 591- Hale’s 
P. C. 109. 
GAOLER. Besides the duties enjoined 
on gaolers by act of parliament, and the 
abuses for which by statute they are punish- 
able, the common law subjects them to fine 
and imprisonment, as also to the forfeiture of 
their offices, for gross and palpable abuses in 
the execution of their offices. 2 Inst. 3S 1 . 
11 
Also gaolers are punishable by attachment-, 
as all other officers are, by the courts to 
which they more immediately belong, for 
any gross misbehaviour in their offices, or 
contempt of the rules of such courts, and 
punishable by any other courts for disobey- 
ing writs of habeas corpus awarded by such 
courts, and not bringing up the prisoner at 
the day prefixed by such writs. 2 Haw, 
151. 
If the gaoler, by keeping the prisoner 
more strictly than lie ought, occasions the 
prisoner’s death, this is felony in the gaoler 
by the common law. Therefore, if a pri- 
soner dies in gaol, the coroner ought to sit 
upon him; and if the death was occasioned 
by cruel and oppressive usage on the part of 
flic gaoler, or any officer of his, it will be 
deemed wilful murder in the person guilty of 
such duress. 3 Inst. 91. 
But if a criminal endeavouring t® break 
gaol, assaults the gaoler, he may be lawfully 
killed by him in the affray. Jenk. 23. I 
Haw. 7 f. 
A gaoler is considered as an officer relat- 
ing to the administration of justice, and is 
under the same special protection of the law 
that other ministers of justice are. If a per- 
son threatens him for keeping a prisoner in 
safe custody, he may be indicted, and fined 
and imprisoned for it. 2 Rol. Abr. 71. 
If in the necessary discharge of his duty 
he should meet with resistance, whether from 
prisoners in civil or criminal suits, or from 
others in behalf of such prisoners, he is* not 
obliged to retreat as far as lie can with safety, 
but may freely and without retreating repel 
force with force ; and if the party so resist- 
ing happens to be killed, this will be justi- 
fiable homicide in the gaoler or his officer^ 
or any person coming in aid of him. On the 
other hand, if the gaoler or his officer, or 
any person in aid of him, should fall in the 
conflict, this will amount to wilful murder in- 
all persons joining in such resistance; for it 
is homicide in defiance of the justice of the- 
kingdom. Fost. 321. 
The justices in their sessions, or in any 
special adjournment held for such express- 
purpose, may, if they shall think it neces- 
sary or proper, appoint salaries or allowances, 
to gaolers, in lieu of the profits derived from 
the sale of liquors, as to them shall seem* 
meet, aud order the same to be paid out of 
the county-rate, by a certificate of such al- 
lowance being signed by the chairman of the 
sessions; but no chairman shall sign such 
certificate, unless notice of such intended ap- 
plication, signed by the clerk of the peace, 
lias been given 14 days at least before the 
holding of such session or adjournment there- 
of, by two several advertisements in some 
newspaper which shall be printed and circu- 
lated in such county. 24 Geo. III. c. 54. 
It seems clearly agreed, that a gaoler, by 
suffering voluntary escapes, by abusing his 
prisoners, by extorting unreasonable fees 
from them, or by detaining them in gaol 
after they have been legally discharged, and 
paid their just fees, forfeits his office; for 
that in the grant of every office it is implied, 
that the grantee executes it faithfully and di- 
ligently, Co. Lit. 233. 
Gaol-delivery. By the law of the 
land, that men might not be long detained 
in prison, but might receive full and speedy 
