guarantee (garante)

t. [Also written guar anty: see guarantee, n.] 1. To be warrant or surety for; secure as an effect or consequence; make sure or certain; warrant. The intellectual activity of the acuter intellects, however feeble may be its immediate influence, is the great force which stimulates and guarantees every advance of the race. Leslie Stephen, Eng. Thought, i. § 17. The aim of Des cartes was, no doubt, to find absolutely ultimate truth and certainty, as guaranteed by the reflective analysis of consciousne . Veitch, Introd. to Des cartes's Method, p. lxxx. 2. In law, to bind one's self that the obligation of another shall be performed, or that something affecting the right of the person in whose favor the guaranty is made shall be done or shall occur. To guarantee a contract or an undertaking by another is to bind one's self that it shall be performed or carried out. To guarantee the collection of a debt is to bind one's self to pay it if it proves not collectible by ordinary means. To guarantee any subject of a busine transaction is to make one's self legally answerable for its being exactly as represented: as, the seller guaranteed the quality of the goods; the carrier gave a bill of lading with the words "quantity guaranteed " (meaning that he stipulated to be answerable for the quantity specified, without any further question or dispute as to amount) Public treaties made under the sanction, and some of them guaranteed by the sovereign powers of other nations. Burke, On French Affairs. IMG:content-2749.png:[graphic] guarantee 3. To undertake to secure to another, as claims, rights, or po e ions; pledge one's self to uphold or maintain. By the treaty of alliance she guaranteed the Polish constitution in a secret article. Brougham . The po e ion of Navarre, which had been guaranteed to them on their father's decease. Pre scott, Ferd. and Isa., i. 2. The great problem is to guarantee individualism against the ma es on the one hand, and the ma es against the individual on the other. G. Ripley , in Frothing ham, p. 147. 2645 tendance; defend; keep in safety; accompany as a protection. King Helenus, with a crowding coompanye garded , From towne to us buskling, vs as his freends freendlye be- welcomd. Stan i hurst , Æneid, iii. 359. Shak ., Rich. II., iii. 2. For heaven still guards the right. Mercy becomes a prince, and guards him best. Fletcher (and others ), Bloody Brother, iv. 1. Bid him guard with steel head, breast, and limb. William Morris , Earthly Paradise, II. 286. the attacks of hostile criticism or malevolence. Homer has guarded every circumstance with tion. сац Broome, On the Ody ey. My Uncle Toby Shandy had great command of himself, and could guard appearances, I believe, as well as most Sterne, Tristram Shandy, ii. 1. guaranty (gar'an-ti), n.; pl. guaranties (-tiz). [More correctly garanty or garranty (= D. ga rande = Dan. Sw. garanti ); The counsellor... pledged a word, till then undoubted, to that lie for which no guaranty but his could have won even a momentary credence. W. Phillips , Speeches, p. 74. 2. Specifically, in law, a separate, independent contract by which the guarantor undertakes, in writing, for a valuable consideration, to be answerable for the payment of some particular debt, or future debts, or the performance of some duty, in case of the failure of another person primarily liable to pay or perform. Colebrooke, On Collateral Securities. One may orally a ume the debt of another, making himself a debtor immediately; but if the engagement is a mere guaranty of the obligation of another it must be in writing. [ Guaran tee is often used for guaranty, but in legal matters it is more correct to use guaranty for the name of the promise or contract of guaranty, guarantor for the maker of the guaranty, and guarantee for the person for whom the guaranty is made, and also for the act of performing the guaranty.] The nature and soul of things takes on itself the guar anty of the fulfilment of every contract, so that honest service cannot come to lo . Emerson , Compensation. Guaranties often extend to all the provisions of a treaty, and thus approach to the cla of defensive alliances. Woolsey, Introd. to Inter. Law, § 105. 3. That which guarantees anything; a ground or basis of security:: as, constitutional guar an ties; his character is guaranty for his a ertions; what guaranty have I that you will keep your word?-Continuing guaranty, an undertaking to be responsible for money to be advanced or goods to be sold to another from time to time in the future; a guaranty not exhausted by one transaction on the faith of it. Guaranty society, a joint-stock society formed for giving guaranties for the carrying out of engagements between other parties, or for making good lo es occasioned by defalcations, on the payment of a premium. - Treaties of guaranty, acce ory stipulations, sometimes incorporated in the main instrument and sometimes appended to it, in which a third power promises to give aid to one of the treaty-making powers, in case certain specific rights all or part of those conveyed to him in the instrument are violated by the other party. Woolsey. guaranty (gar'an-ti), v. t.; pret. and pp. guar antied, ppr. guarantying. [ antee. Before the Regulating Act of 1733, the allowances made by the Company to the Presidents of Bengal were abundantly sufficient to guaranty them against any thing like a nece ity for giving in to that pernicious practice. men. 3. To protect the edge of, especially by an ornamental border; hence, to adorn with lists, laces, or ornaments. Give him a livery more guarded than his fellows. Shak ., M. of V., ii. 2. Instead of a fine guarded page, we have got him A boy, trick'd up in neat and handsome fashion. Ford, Lover's Melancholy, i. 2. Red gowns of silk, garded and bordered with white silk, and embroidered with letters of gold. Walpole, Anecdotes of Painting, I. ii. 4t. To fasten on a guard for the purpose of binding.-5. To insert guards between the leaves of (an intended guard-book). - Guarded gown or robet, the toga of the Romans when bordered with a stripe of purple, as in the case of noble youths or senators. All the children... were waiting there in their goodly garded Gowns of purple. North , tr. of Plutarch, Cicero, p. 728. The most censorious of our Roman gentry, Nay, of the guarded robe, the senators Esteem an easy purchase. Mas singer, Roman Actor, i. 1. =Syn. 1. To shield, shelter, watch. II. in trans. To watch by way of caution or defense; be cautious; be in a state of caution or defense. To guard is better than to heal; The shield is nobler than the spear! O. W. Holmes, Meeting of Nat. Sanitary A oc.