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GAVIAO

Volume 10 · 291 words · 1860 Edition

a town of Portugal, in the province of Alentejo, on an elevated situation near the left bank of the Tagus (Tejo). It is 22 miles N.W. of Crato, and contains a population of nearly 2000. An annual fair of three days is held here.

GAVAL-KIND, in English law, a species of tenure of lands, which previous to the Norman conquest is supposed to have been the general custom of the realm, and which exists to this day in Kent; in consequence, it is said, of the success that attended the struggles of the Kentish men to preserve their ancient liberties. The chief distinguishing properties of gavel-kind are—that the lands descend not to the eldest, youngest, or any one son only, but to all the sons together; that the tenant may alienate his estate at fifteen years of age by means of a feoffment; and that the estate does not escheat in case of an attainder and execution for felony, the maxim being, "the father to the bough, the son to the plough." In most places the tenant had the power of devising lands by will, before the statute for that purpose was made. Though the lands in Kent have now for the most part been disencumbered by particular statutes, the presumption is still in favour of this species of tenure until the contrary be shown.

The term gavel-kind is said by Lambard to be compounded of three Saxon words, gyfe, cal, cyn, or omnibus cognatione proximis data. Verstegan calls it gavel-kind, or give all kind, that is, to each child his part; and Taylor, in his history of gavel-kind, derives it from the British gavel, a hold or tenure, and cenned, generation or familia; so gavel cenned might signify tenura generationis.