GAO 
and orders made by one or more justices 
at their sessions, or otherwise, upon con- 
viction in a summary way, without the in- 
tervention of a jury 5 it is by 24 George 
III. c, 56, enacted that any judge of assize, 
or two justices, within whose jurisdiction 
such gaol is situate, may remove such per- 
sons to any house of correction within the 
same jurisdiction, there to be confined, and 
to remain in execution of such sentence or 
order. 
For the relief of prisoners in gaols, jus- 
tices of the peace, in sessions, have power 
to tax every parish ( in the county, not ex- 
ceeding 6s. and 8d! per week, leviable by 
constables, and distributed by collectors, 
&c. 12 Charles II. c. 29. But it is ob- 
served by Lord Coke, that the gaoler can- 
not refuse the prisoner victuals, for he ought 
not to suffer him to die for want of suste- 
nance. If any subject of this realm shall 
be committed to any prison, for any cri- 
minal, or supposed criminal matter, he shall 
not be removed from thence, unless it be 
by habeas corpus, or some other legal writ; 
or where he is removed 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 infection, or other neces- 
sity ; on pain that the person signing any 
warrant for such removal, and he who ex- 
ecutes the same, shall forfeit to the party 
grieved, 100 1. for the first offence, and 2001 . 
for the second. Justices at sessions make 
regulations for the gaols of the county, and 
there are statutes forbidding the selling of 
spirits, or secretly conveying them into gaols. 
Gaol delivery, by the law of the land, 
that men might not be long detained in 
prison, but might receive lull and speedy 
justice, commissions of gaol delivery are 
issued out, directed to two of the judges,, 
and the clerk of assize associated ; by vir- 
tue of which commission, they have power 
to try every prisoner in the gaol, commit- 
ted for any offence whatsoever. This is one 
of the commissions by which the judges sit 
at every assize. 
It is a frequent question, what can be 
given in evidence by the defendant upon 
this plea, and the difficulty is to know, 
when the matter of defence may be urged 
upon the general issue, or must be spe- 
cially pleaded upon the record. In many 
cases for the protection of justices, con- 
stables, excise officers, &c. they are by 
act of parliament, enabled to plead the ge- 
neral issue, and give the special matter for 
their justification under the act in evidence. 
GAR 
GARBO ARD stroke, the plank next the 
keel of a ship, one edge of which is run 
into the rabbit made in the upper edge of 
the keel on each side. 
GARCINIA, in botany, so named in 
honour of Laurent Garcin, M. D. F. R. S. 
a genus of the Dodecandria Monogynia 
class and order. Natural order of Bicornes, 
Linnaeus. Guttiferae, Jussieu. Essential 
character : calyx four-leaved, inferior ; pe- 
tals four ; berry eight-seeded, crowned with 
the peltate stigma. There are three spe- 
cies. 
GARDANT, or Guardant, in heral- 
dry, denotes any beast full faced, and look- 
ing right forward. 
GARDEN. We must divide this article 
under four heads ; viz. the flower, or plea- 
sure garden, the kitchen garden, the nur- 
sery, and the forcing department. Of these 
we shall treat distinctly under the head of 
Gardening. 
In this place it is proper to state, that a 
garden should have a favourable aspect, 
gently declining towards the south-west, 
and should be enclosed by a substantial 
wall, high to the north and to the east, but 
rather low towards the south and west : the 
former will preserve the plants from the 
chilling winds proceeding from those quar- 
ters, the latter will allow the genial breezes 
from the favourable points to circulate 
freely throughout the enclosure, while 
the sun will not be debarred during the 
cooler months, especially from visiting 
the interior in general. In the height of 
summer, as the sun rises and sets to the 
northward, the southern borders of the 
garden will be screened during the heat of 
the day, but will during the early and late 
hours of its stay above the horizon, receive 
sufficient warmth without being scorched. 
Hence the south side, generally speaking, 
affords a shady border. 
The soil of a garden should be deep, rich, 
and clean : without such qualities the pro- 
duce will be inferior, while the labour and 
expense will be enhanced in exact ratio 
with the defect. Nor can a garden be too 
abundantly supplied with water; the ab- 
sence of which, in adequate proportion, 
will render every effort towards perfection 
totally unavailing. 
It is of the utmost importance that the 
whole garden should have a free access of 
air, and that the subsoil should be whole- 
some and sound. The great exhaustion oc- 
casioned by constant cropping, demands 
liberal supplies of rich manure, that the 
