Upon indictment for a particular crime, the accused may be convicted of a less offense included in the crime charged. But at common law, under an indictment for felony, there cannot be conviction for a misdemeanor. See ACQUITTAL, Former. See MAJOR, In se; MERGER. 1, v. (1) To engage to do a thing; to assure, stipulate, or covenant solemnly. "The United States shall guarantee to every State a Republican (q. v.) Form of Government." (2) To engage that another will do as he has promised. 2, n. The person with whom such engagement is made. Guarantor. He from whom the engagement proceeds. To guarantee may be equivalent to to promise. Guaranteed. Warranted, preferred: as, guaranteed stock. See STоск, 3 (2). Guaranty. (1) Solemn assurance, covenant, or stipulation that something shall be 1 Ferree v. School District, 76 Pa. 378 (1874). 2 Supervisors v. Pabst, 64 Wis. 244 (1885). 3 F. garantir, to warrant, lit., to guard, keep. See G. Constitution, Art. IV, sec. 4. Thayer v. Wild, 107 Mass. 452 (1871); McNaughton v. Conklings, 9 Wis. *320 (1859). Taft v. Hartford, &c. R. Co., 8 R. I. 333 (1866). or be done: as, the guaranties in the Constijudgment and execution, unless it appears that such tution and Amendments thereto. Guaranty clause. Specifically, section four of article four of the Constitution, guaranteeing a republican form of government to each State. See GUARANTEE, 1. (2) Distinctively, a promise "to answer for the debt, default or miscarriage" of another person. This by the statute of frauds (q. v.) must be in writing and be signed by the guarantor. The contract by which one person is bound to another, for the fulfillment of the promise or engagement of a third party.1 Usually, a collateral undertaking to pay the debt of another in case he does not pay it.2 An undertaking by one person that another shall perform his contract or fulfill his obligation, or that, if he does not, the guarantor will do it for him.3 May also mean security or lien; as, in an agreement that lumber should be held as guaranty for the payment of a debt.4 An engagement to pay in default of solvency in the debtor, provided due diligence be used to obtain payment from him. A contract of "suretyship" is a direct liability to the creditor for the act to be performed by the debtor; whereas a "guaranty" is a liability only for his ability to perform this act. A "surety" assumes to perform the contract for the principal debtor if he should not; a "guarantor" undertakes that his principal can perform, that he is able to perform. The undertaking of a "surety" is immediate and direct, that the act shall be done, and, if not done, then he is to be responsible at once; but from the nature of the undertaking of a "guarantor," nonability (insolvency) must be shown.5 A "guarantor" insures the solvency of the debtor; a "surety" insures the debt itself. A surety must demand proceedings, with notice that he will not continue bound unless they are instituted; whereas a guarantor may rely upon the obligation of the creditor to use due diligence to secure satisfaction of his claim. To enable a creditor to enforce a contract of guaranty, he must exercise "due diligence" to enforce payment from the principal. That is, the creditor must bring suit within a reasonable time after the maturity of the claim, and duly prosecute the same to 12 Pars. Contr. 3, 26; Story, Prom. Notes, § 457; 3 Kent, 121. 2 See Dole v. Young, 24 Pick. 252 (1837), Shaw, C. J.; Parker v. Culvertson, 1 Wall. Jr. 160 (1846); Hill v. Smith, 24 How. 286 (1858). 3 Gridley v. Capen, 72 III. 13 (1874), Breese, C. J. • Wilkie v. Day, 141 Mass. 72 (1886). • Reigart v. White, 52 Pa. 440 (1866), Agnew, J. • Kramph v. Hatz, 52 Pa. 529 (1866), Woodward, C. J. See also 21 Cent. Law J. 6-9 (1885), cases. proceedings can produce no beneficial results. 1 Absolute guaranty; conditional guaranty. A guaranty that a note is collectible is a conditional promise binding upon the guarantor only in case of diligence. Το perfect the obligation so as to render him liable thereon, the guarantee must use diligence in the endeavor to collect his note, for it is a condition precedent. The inchoate obligation does not become absolute until the guarantee has performed the condition on his part.2 Continuing guaranty. An undertaking to be responsible for moneys to be advanced or goods to be sold to another from time to time. 3 General guaranty; special guaranty. A special guaranty operates only in favor of the person to whom it is addressed; a general guaranty is open for acceptance by the public generally. Guaranties are sometimes further classified as such as are limited to a single transaction, and such as embrace continuous or successive dealings. A guaranty is a contract in and of itself; but it also has relation to some other contract or obligation with reference to which it is collateral; and it always requires a consideration. When executed at or about the time of the execution of the main contract, as part of one transaction, one consideration may support both contracts; so also where the guaranty is executed in pursuance of the assignment of the main contract.4 The real party in interest is now entitled to maintain an action for damages arising from a breach of such contract in his own name, although he was not originally privy to it. That is, both equitable and legal assignments now are equally cognizable in a court of law. A special guaranty contemplates a trust in the addressee, and no cause of action arises thereon, except upon compliance with its conditions by such person. Until a right of action has arisen, the guaranty is not assignable. A consideration is necessary; if it is not acknowledged, it must be proved. Guaranties are construed so as to accord with the apparent intention of the parties. Where the lan1 National Loan, &c. Society v. Lichtenwalner, 100 Pa. 103 (1883), cases, Paxson, J.; 26 Am. Law Reg. 129-47, 201-218 (1887), cases; 18 F. R. 126; 27 Conn. 37; 2 N. Y. 549; 60 id. 444; 11 Ohio St. 168; 13 R. I. 119; 7 Humph. 539; 20 Vt. 503. 2 Edwards, Bills, 238; 2 Daniel, Neg. Ins