Page:The American Cyclopædia (1879) Volume VIII.djvu/297

 GUAPEY GUARANTY 283 portion is combined with sulphuric acid to form sulphate of lime, the proportion of this some- times exceeding ' s per cent., and tho crystals being visible in the eellsof tbe mitier:il. aler organic matters some! lines exceed 10 per t. In the bodv of the rock the phosphoric is found combined with two atoms of base d one of water, in the form of common phos- ihate of lime ; while tho external part is a com- ination of an atom of acid with three of lime, forming the so-called tri-phosphate of lime, e acid is also sometimes combined in small >por!ion with iron, alumina, and magnesia, oda is present in some samples to the amount of - or :' per cent. Much of tho guano rock ly resembles in appearance the phosphate lime rocks of the older crystalline forma and it affords a remarkable instance of e conversion of modern collections of organic nces into what appears to ho an ancient k. Though traced directly into the mass these substances with which it is associated, the derivation of which is obviously from digested bones of fishes and other food of s, from comminuted shells, and the remains tho birds themselves and of their eggs, all ges of animal life have as completely dis- ared in tho hard strata as they have from true metamorphic rocks, the changes in we have been accustomed to ascribe to heat produced under the pressure of perincumbent mountains of rock, and exert- through long and indefinite periods. Gl'APEY. See Rio GRANDE. <;i' ll.Y. a paste formed chiefly from seeds r<niHini(i sorbilis, and perhaps P. cupana, bing shrubs of the order sapindacece, grow- g in Bra/il and on the banks of the Orinoco. e paste is dried into rough, hard, reddish wn masses, which may he reduced to pow- . It is habitually used by the Brazilian In- ans as a part of their diet, either mixed with r articles or as a drink. It is said to con- n more than 5 per cent, of a crystallizahle nciplo identical with caffeine, and has in dition tannic acid and two or three volatile It has long been used in Brazil as a med- ine, especially in tho treatment of diseases ' t he bowels ; but although known in Europe a number of years, it has only recently re- much attention. Its action upon tho in in a state of health is apparently nega-, as it affects neither pulse nor temperature, increased capacity for mental labor, mode- ,te wakefulncss, and an influence upon tho rvous system, similar to that produced by and coffee, have been observed. It evi- lly acts somewhat like a tonic; but more rate observations than any we now pos- are requisite in order to determine its phy- logical action upon the system. It has ro- ntly been used both in this country and Eu- with advantage in tho treatment of head- les, especially those of a nervous character. renders the greatest service in such cases hen it is administered near the commence- ment of an attack, and repeated at short inter- vals. It is best given in milk, and should bo repeated if necessary at intervals of half an hour, three or four times, in doses of from ten grains to half a drachm. In other nervous af- fections it has been tried, especially in nervous derangement of tho stomach, but in these it has not been found useful. Its action closely resembles that of tea and coffee. A fluid ex- tract has also been made. Its administration is contra-indicated by an inflammatory con- dition of the system. GUARANlS. See Tupf-GuAEAwfs. GUARANTY. This word is derived from tho old English word warrant. The Latin and tho Norman French languages, not having the let- ter w, in spelling this word and many others used the letter g instead of w, as in the name Wilhelm or William, which is in Latin Guiliel- mus, and in French Guillaumo. Thus the bar- barous word guarantito came into use in law- proceedings, although the even more barbarous word warrantiso was also used. Gradually tho words became distinguished in their meaning ; and at present it is found very convenient to use the Latin form guaranty in one sense, and warranty in a different although an analogous meaning. A guaranty is a promise that some other party (who is called the principal) shall pay a debt, or discharge some duty, or perform some act; and to answer for the consequences if the principal fails to do what is thus prom- ised. It is an extremely common business transaction ; and we shall endeavor to give the principal rules by which it is governed. Every indorser of negotiable paper is in fact a guar- antor; but in such a peculiar way, that tho law attaches to him duties on tho one hand, and on the other gives him rights, not known to common guarantors. (See 'K(OTI. HI.K PA- PER, and PROMISSORY NOTE.) Every surety also is a guarantor, and the law for guarantors and for sureties is in many respects similar, but in other respects different. (See SURETY.) In the first place, a guaranty is not in general negotiable ; by which is meant that it cannot be transferred in such a way as to give the trans- feree tho right of suing upon it in his name, or, if this bo permitted, of suing with nil the rights and advantages of an original holder. In tho next place, although it is a promise only to pay tho debt of another, tho guarantor may be held, alt hough the promise of that other was void- able by him who made it, and could not be en- forced at law ; as if it were tho promise of an infant, and not for necessaries, or of a married woman. In fact, guaranties are very often taken for tho very reason that the debt or promise guarantied is one which has no value by itself. But generally, tho liability of the guarantor is measured and determined by that of the principal, or tho party whose debt or promise is guarantied, fro especial words or phrases or form of instrument is necessary to constitute a guaranty. Tho intention must bo manifest, and tho words must bo such as may