Page:Encyclopædia Britannica, Ninth Edition, v. 11.djvu/248

236   GUARANTEE, or, in English law, is a promise to be answerable for the debt of another should he tail to make payment, or generally to be answerable for the performance of any duty by another person. The debt or duty must be owing by another, who is primarily bound, and the guarantor is only liable in the event of his failure of performance. Guarantees are required to be in writing by the Statute of Frauds (29 Car. IT. ¢. 3), which enacts ($ 4) that “no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another, unless the agree- ment upon which such action shall be brought shall be in writing, signed by the parties to be charged by the contract, or some other person thereunto by him lawfully authorized.” The test of the applicability of this section is whcther the original debtor continues liable. If his liability is gone, and the person promising to pay the debt becomes immediately and primarily liable, then the promise need not be in writing. Thus where a debtor had been taken in execution for a debt, and a third person promised to pay the debt if the debtor were discharged from custody, it was held that writing was not necessary, inasmuch as the discharge operated as a satisfaction of the original debt, and the person making the promise alone remained liable. The default for which liability may be assumed by another person includes any case of breach of duty, and is not continued to cases of non-performance of contracts. A promise to guarantee comes under the general rule which requires enforceable agreements to be founded on consideration, 7.e., a corresponding promise or performance on the other side (see ). It was formerly held that the considera- tion must appear in the memorandum of writing, not necessarily in express terms, but at any rate as a matter of fair and reasonable inference. Thus a promise to pay for goods to be supplied to another was held to disclose a con- sideration, viz., the future supply of goods. But when the promise was to pay for goods already supplied, no considera- tion was disclosed. By the Mercantile Law Amendment Act (19 and 20 Vict. c. 97), passed in consequence of representations made by merchants in Scotland and the North of England, who found the difference between Scvtch and English law as to written contracts a source of great incon- venience, this section of the Statute of Frauds was repealed. The Mercantile Law Amendment Act also declares that a guarantee given to or fora firm shall cease on any change taking place in the persons constituting the firm, unless a continuance of the promise is expressly stipulated or of necessity to be inferred. The corresponding Act for Scotland (19 and 20 Vict. c. 60) requires all guarantees, securities, or cautionary obligations, and all representations as to the character of any person made with the view of obtaining credit, money, &c., for such person to be in writing in order to be binding, and establishes the same rule as the English Act with reference to guarantees to or for a firm.  GUARATINGUETA, a town of Brazil, in the province of Sao Paulo, situated near the right bank cf the Parahiba, about 40 miles N.E. of the city of Siio Paulo. It was founded in 1651 by the Captain Mor Dionizie da Costa. The houses are almost ull constructed of mud, and there are few buildings of any note except the churches, of which the chief is dedicated to St Anthony. A considerable traffic is fostered by the fertile character of the surround- ing district and the situation of Guaratingueta on the road between Sado Paulo and Rio de Janeirs. Population 4400, According to Spix an1 Martius the name of the town is equivalent to “the place where the sun turns,” and refers to its vicinity to the tropic of Capricorn. See Milliet de Saint-Adolphe, Diccion. Geogr. do imperio do Brazil, 1870.  GUARDI, (1712–1793), a Venetian painter, was a pupil of Canaletto, and followed his style so closely that his pictures are very frequently attributed to his more celebrated master. Nevertheless, the diversity, when once perceived, is sufficiently marked,—Canaletto being more firm, solid, distinct, well-grounded, and on the whole the higher master, while Guardi is noticeable for spirited touch, sparkling colour, and picturesquely sketched figures—in these respects being fully equal to Canaletto. Guardi sometimes coloured Canaletto’s designs. He had extra- ordinary facility, three or four days being enough for pro- ducing an entire work. ‘The number of his performances is large in proportion to this facility, and to the love of gain which characterized our painter. Many of his works are to be found in England; seven in the Louvre; four, of exceptional merit, in the Manfrini Palace, Venice.  GUARDIAN AND WARD. See.  GUARIENTO, sometimes incorrectly named Guerriero, was the first Paduan painter who distinguished himself. The only date distinctly known in his career is, when, having already acquired high renown in his native city, he was invited by the Venetian authorities to paint a Paradise, and some incidents of the war of Spoleto, in the great council-hall of Venice. These works were greatly admired at the time, but have long ago disappeared under repaint- ings. His works in Pudua have suffered much. In the church of the Eremitani are allegories of the Plancts, and, in its choir, some small sacred histvries in dead colour, such as an Ecce Homo; also, on the upper walls, the life of St Augustine, with some other subjects. A few fragments of other paintings by Guariento are still extant in Padua. In the gallery of Bassano is a Crucifixion, carefully executed, and somewhat superior to a merely traditional method of handling, although on the whole Guariento must rather be classed in that school of art which preceded Cimabue than az having advanced in his vestiges ; likewise two other works in Bassano, ascribed to the same hand. The painter is buried in the church of S. Bernardino, Padua.  GUARINI, (–), the author of the Pastor Fido, was born at Ferrara on the 10th of December, just seven before the birth of Tasso. He was descended from (see ). The young Battista studied both at Pisa and Padua, whence he was called, when not yet twenty, to profess moral philosophy in the schools of his native city. He inherited considerable wealth, and was able early in life to marry Taddea de’ Bendedci, a lady of gocd birth. In he entered the service of Alplonso IT., duke of Ferrara, thus beginning the court career which was destined to prove a constant source of disappointment and annoyancetohim. Though he cultivated poetry for pastime, Guarini aimed at state employment as the serious business of his life, aud managed to be sent on various embassies and missions by his ducal master. There was, however, at the no opportunity for a man of energy and intellectual ability to distinguish himself in the petty sphere of Italian diplomacy. The time too had passed when the profession of a courtier, painted in such glowing terms by Castiglione, could confer either profit or honour. It is true that the court of Alphonso presented a brilliant spectacle to Europe, with Tasso for titular poet, and an attractive circle of accomplished ladies, But the last duke of Ferrara was an illiberal patron, feeding his servants with promises, and ever ready to treat them with the brutality that condemned the author of the Gerusalemme Liberata to a madhouse. Guarini spent bis time and money