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WADSET, Scotch law. A right, by which lands, or other heritable subjects, are impignorated by the proprietor to his cr
WADSETTER , Scotch law. A creditor to whom a wadset is made. TO WAGE, contracts. To give a pledge or security for the p
WAGER OF BATTEL. A superstitious mode of trial which till lately disgraced the English law. 2. The last case of this kind was
WAGER OF LAW, Engl. law. When an action of debt is brought against a man upon a simple contract, and the defendant pleads ni
WAGER POLICY, contracts. One made when the insured has no insurable interest. 2. It has nothing in common with insurance bu
WAGERS. A wager is a bet a contract by which two parties or more agree that a certain sum of money, or other thing, sh
WAGES, contract. A compensation given to a hired person for his or her services. As to servants wages, see Chitty, Co
WAIFS. Stolen goods waived or scattered by a thief in his flight in order to effect his escape. 2. Such goods by the
WAIVE. A term applied to a woman as outlaw is applied to a man. A man is an outlaw, a woman is a waive. T. L., Crabb'
WAIVER., The relinquishment or refusal to accept of a right. 2. In practice it is required of every one to take advant
WAKENING, Scotch law. The revival of an action. 2. An action is said to sleep, when it lies over, not insisted on for a
WALL. A building or erection so well known as to need no definition. In general a man may build a wall on any part o
WANTONNESS, crim. law. A licentious act by one man towards the person of another without regard to his rights; as, for exa
WAPENTAKE. An ancient word used in England as synonymous with hundred. (q. v.) Fortesc. De Laud. ch. 24.
WAR. A contention by force; or the art of paralysing the forces of an enemy. 2. It is either public or private. It
WARD IN CHANCERY. An infant who is under the superintendence of the chancellor.
WARD, a district. Most cities are divided for various purposes into districts, each of which is called a ward.
WARD, domestic relations. An infant placed by authority of law under the care of a guardian. 2. While under the car
WARD, police. To watch in the day time, for the purpose of preventing violations of the law. 2. It is the duty of
WARDEN. A guardian; a keeper. This is the name given to various officers: as, the warden of the prison; the wardens of
WARDSHIP, Eng. law. Wardship was the right of the lord over the person and estate of the tenant, when the latter was und
WAREHOUSE. A place adapted to the reception and storage of goods and merchandise. 9 Shepl. 47. 2. The act of congress o
WAREHOUSEMAN. A warehouseman is a person who receives goods and merchandise to be stored in his warehouse for hire. 2. He
WARRANDICE, Scotch law. A clause in a charter of heritable rights by which the grantor obliges himself, that the right con
WARRANT OF ATTORNEY , practice. An instrument in writing, addressed to one or more attorneys therein named, authorizing them gener
WARRANT, crim. law, Practice. A writ issued by a justice of the peace or other authorized officer, directed to a consta
WARRANTEE. One to whom a warranty is made. Touchst. 181.
WARRANTIA CHARTAE. An ancient and now obsolete writ, which was issued when a man was enfeoffed of land with warranty, and then he
WARRANTOR. One who makes a warranty. Touchst, 181.
WARRANTY, contracts. This word has several significations, as it is applied to the conveyance and sale of lands, to the
WARRANTY, VOUCHER TO, practice. A warranty is a contract real, annexed to lands and tenements, whereby a man is bound to defend such
WASTE BOOK, com. law. A book used among merchants. All the dealings of the merchant are recorded in this book in chronolog
WASTE. A spoil or destruction houses, gardens, trees, or other corporeal hereditaments, to the disherison of him that
WATCH AND WARD. A phrase used in the English law, to denote the superinten-dence and care of certain officers, whose duties ar
WATCH, police. To watch is, properly speaking, to stand sentry and attend guard during the night time: certain office
WATCHMAN. An officer in many cities and towns, whose duty it is to watch during the night and take care of the property
WATER BAILIFF, English law. An officer appointed to search ships in ports. 10 H. vii., 30.
WATER COURSE. This term is applied to the flow or movement of the water in rivers, creeks, and other streams. 2. In a lega
WATER ORDEAL. An ancient form of trial, now abolished, by which the accused, tied band and foot, were cast into cold water,
WATER. That liquid substance of which the sea, the rivers, and creeks are composed. 2. A pool of water, or a stream
WAVESON. This name is given to such goods as after shipwreck appear upon the waves. Jacob, Law Dict. h. t.
WAY BILL, contracts. A writing in which is set down the names of passengers, who are carried in a public conveyance, or
WAY GOING CROP . In Pennsylvania, by the custom of the, country, a tenant for a term certain is entitled after the expiration
WAY, estates. A passage, street or road. A right of way is a privilege which an individual or a particular descript
WAYS AND MEANS. In legislative assemblies there is usually appointed a committee whose duties are to inquire into, and propose
WEAR. A great dam made across a river, accommodated for the taking of fish, or to convey a stream to a mill. Jacob's
WED. A covenant or agreement; whence a wedded husband. WEEK. Seven days of time. 2. The week commences immediat
WEIGHAGE, mer. law. In the English law it is a duty or toll paid for weighing merchandise; it is called tronage, (q. v.)
WEIGHT OF EVIDENCE. This phrase is used to signify that the proof on one side, of a cause is greater than on the other. 2. When a
WEIGHT. A quality in natural bodies, by which they tend towards the centre of the earth. 2. Under the article Measur
WELCH MORTGAGE, Eng. law, contracts. A species of security which partakes of the nature of a mortgage, as there is a debt due,
WELL KNOWING. These words are used in a declaration when the plaintiff sues for an injury which is not immediate and with fo
WELL. A hole dug in the earth in order to obtain water. 2. The owner of the estate has a right to dig in his own g
WERE. The name of a fine among the Saxons imposed upon a murderer. 2. The life of every man, not excepting that of
WERGILD, or WEREGILD, old Eng. law. The price which in a barbarous age, a person guilty of homicide or other enormous offence was re
WETHER. A castrated ram, at least one year old in ark indictment it may be called a sheep. 4 Car. & Payne, 216; 19 Eng
WHALER, mar. law. A vessel employed in the whale fishery. 2. It is usual for the owner of the vessel, the captain and
WHARF. A space of ground artificially prepared for the reception of merchan-dise from a ship or vessel, so as to prom
WHARFAGE. The money paid for landing goods upon, or loading them from a wharf. Dane's Ab. Index, h. t.
WHARFINGER . One who owns or keeps a wharf, for the purpose of receiving and shipping merchandise to or from it, for hire
WHEEL. The punishment of the wheel was formerly to put a criminal on a wheel, and then to break his bones until he ex
WHELPS. The young of certain animals of a base nature, or ferae naturae. 2. It is a rule that when no larceny can be
WHEN . At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denotin
WHEN AND WHERE. These words are used in a plea when full defence is made the form is, "when and were it shall behove him." Thi
WHEREAS. This word implies a recital, and in general cannot be used in the direct and positive averment of a fact in a
WHIPPING, punishment. The infliction of stripes. 2. This mode of punishment, which is still practiced in some of the st
WHITE PERSONS . The acts of congress which authorize the naturalization of aliens, confine the description of such aliens to
WHITE RENT, English law. Rents paid in silver, and called white rents or redditus albi, to distinguish them from other ren
WHOLE BLOOD . Being related by both the father and mother's side; this phrase is used in contradistinction to half, blood,
WHOLESALE. To sell by wholesale, is to sell by large parcels, generally in original packages, and not by retail. (q. v.)
WIDOW'S CHAMBER, Eng. law. In London the apparel of a widow and the furniture of her chamber, left by her deceased husband, is
WIDOW. An unmarried woman whose husband is dead. 2. In legal writings, widow is an addition given to a woman who is
WIDOWER. A man whose wife is dead. A widower has a right to administer to his wife's separate estate, and as her admini
WIDOWHOOD . The state of a man whose wife is dead or of a woman whose husband is dead. In general there is no law to reg
WIFE'S EQUITY. By this phrase is understood the equitable right of a wife to have settled upon her and her children a suitabl
WIFE, domestic relations. A woman who has a husband. 2. A wife, as such, possesses rights and is liable to obligat
WILFULLY, intentionally. 2. In charging certain offences it is required that they should be stated to be wilfully done.
WILL or TESTAMENT. The legal declaration of a man's intentions of what he wills to be performed after his death. Co. Litt. 111; S
WILL, criminal law. The power of the mind which directs the actions of a man. 2. In criminal law it is necessary th
WINCHESTER MEASURE. The standard measure originally kept at Winchester, in England.
WINDOW. An opening made in the wall of a house to admit light and air, and to enable those who are in to look out. 2.
WISCONSIN. The name of one of the new states of the United States, of America. 2. The constitution of Wisconsin was adop
WISTA. Among the Saxons, this was a measure of land; it contained a half hide, or sixty acres.
WITH STRONG HAND, pleading. This is a technical phrase indispensable in describing a forcible entry in an indictment. No other w
WITHDRAWING A JUROR, practice. An agreement made between the parties in a suit to require one of the twelve juror's impanneled to t
WITHERNAM, practice. The name of a writ which issues on the return of elon-gata to an alias or pluries writ of replevin,
WITHOUT DAY. This signifies that the cause or thing to which it relates is indefinitely adjourned; as when a case is adjour
WITHOUT IMPEACHMENT OF WASTE. When a tenant for life holds the land without impeachment of waste, he is of course dispunishable for waste wh
WITHOUT RECOURSE. Vide Sans Recours and Indorsement; Chit. on Bills, 179; 14 S. & R. 325; 3 Cranch, 193; 7 Cranch, 159; 1 Cowen,
WITHOUT RESERVE, contracts. These words are frequently used in conditions of sale at public auction, that the property offered,
WITHOUT THIS, THAT, pleading. These are technical words used in a traverse, (q. v.) for the purpose of denying a material fact in
WITHOUT, pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly th
WITNESS INSTRUMENTARY, Scotch law. He who has attested a deed or other writing. 2. When witnesses attest a deed without knowing the
WITNESS, AGED. It has been laid down as a rule that to be considered an aged witness, a person must be at least seventy years
WITNESS, GOING. A going witness is one who is about to leave the jurisdiction of the court in which a cause is depending. See
WITNESS. One who, being sworn or affirmed, according to law, deposes as to his knowledge of facts in issue between the
WOMEN, persons. In its most enlarged sense, this word signifies all the females of the human species; but in a more r
WOODGELD, old Eng. law. To be free from the payment of money for taking of wood in any forest. Co. Litt. 233 a. The same
WOODS, A piece of land on which forest trees in great number naturally grow. According to Lord Coke, a grant to anoth
WORD, construction. One or more syllables which when united convey an idea a single part of speech. 2. Words are to
WORK AND LABOR. In actions of assumpsit, it is usual to put in a count, commonly called a common count, for work and labor don
WORKHOUSE. A prison where prisoners are kept in employment; a penitentiary. A house provided where the poor are taken car
WORKING DAYS . In settling laydays, (q. v.) or days of demurrage, (q. v.) sometimes the contract specifies working days in
WORKMAN. One who labors, one who is employed to do business for another. 2. The obligations of a workman are to perfor
WORSHIP, Eng. law. A title or addition given to certain persons. 2 Inst. 666; Bac. Ab. Misnomer, A 2.
WORSHIP. The honor and homage rendered to the Creator. 2. In the United States, this is free, every one being at liber
WORTHIEST OF BLOOD. All expression to designate that, in descent, the sons are to be preferred to daughters, which is the law of E
WOUND , med. jur. This term, in legal medicine, comprehends all lesions of the body, and in this it differs from the
WRECK, mar. law. A wreck (called in law Latin, wreccum maris, and in law French, wrec de mer,) signifies such goods,
WRIT DE BONO ET MALO . An ancient writ which was issued in the case of each prisoner, instead of a general commission of general ja
WRIT DE EJECTIONE FIRMAE. A writ of ejectment. Vide Ejectment, and 3 Bl. Com. 199.
WRIT DE HAERETICO COMBURENDO, Engl. law. The name of a writ formerly issued by the secular courts, when a man was turned over to them by the
WRIT DE HOMINE RELEGIANDO, practice. A writ which lies to replevy a man out of prison, or out of the custody of any private person, in th
WRIT DE ODIO ET ATIA, Engl. law. This writ is probably obsolete, and superseded by the writ of habeas corpus. It was anciently direc
WRIT OF CONSPIRACY. The name of an ancient writ, now superseded by the more convenient remedy of an action on the case, which migh
WRIT OF COVENANTS, practice. A writ which lies where a party claims damage for breach of covenant, i. e. of a promise under seal.
WRIT OF DEBT, practice. A writ which lies where the party claims the re-covery of a debt, i. e. a liquidated or certain sum
WRIT OF DECEIT. The name of a writ which lies where one man has done anything in the name of another, by which the latter is d
WRIT OF DETINUE, practice. A writ which lies where a party claims the spe-cific recovery of goods and chattels, or deeds and wr
WRIT OF DOWER, practice. A writ which lies for a widow ciaiming the specific recovery of her dower, no part having been yet a
WRIT OF EJECTMENT, practice. The name of a process issued by a party claiming land or other real estate, against one who is alleg
WRIT OF ENTRY, practice. A writ requiring the sheriff to command the tenant of land that he render to the demandant the premi
WRIT OF ERROR, practice. A writ issued out of a court of competent jurisdiction, directed to the judge of a court of record i
WRIT OF EXECUTION, practice. A writ to put in force the sentence that the law has given: it is addressed to the Sheriff (and in t
WRIT OF EXIGI FACIAS. The name of a process issued in the course of proceedings in outlawry, and which immediately precedes the writ
WRIT OF FORMEDON, practice. This writ lies where a party claims the specific recovery of lands and tenements, as issue in tail;
WRIT OF INQUIRY, practice. When in an action sounding in damages, (q. v.) as covenant, trespass, and the like, an interlocutory
WRIT OF MAINPRIZE, English law. A writ directed to the sheriff (either gen-erally, when any man is imprisoned for a bailable offe
WRIT OF MESNE, Breve' de medio, old English law. A writ which was so called, by reason of the words used in the writ, namely,
WRIT OF PRAECIPE. This writ is also called a writ of covenant, and is sued out by the party to whom lands are to be conveyed by
WRIT OF PREVENTION. This name is given to certain writs which may be issued in anticipation of suits which may arise. Co. Litt. 10
WRIT OF PROCESS, Engl. law, pradice. If the defendant does not appear, in obedience to the original writ, there issue, when the
WRIT OF PROCLAMATION , Engl. practice. A writ which issues, at the same time with the exigi facias, by virtue of Stat. 31 Eliz. c.
WRIT OF QUARE IMPEDIT, English law. The remedy by which, where the right of a party to benefice is obstructed, he recovers the presen
WRIT OF RATIONABILI PARTE BONORUM. A writ which was sued out by a widow when the executors of her deceased husband refused to let her have a thir
WRIT OF RECAPTION, practice. This writ lies where, pending an action of replevin, the same distrainor takes, for the same suppose
WRIT OF REPLEVIN, practice. The name of a process issued for the recovery of goods and chattels. Vide Replevin.
WRIT OF RESTITUTION. A writ which is issued on the reversal of a judgment, commanding the sheriff to restore to the defendant below
WRIT OF RIGHT, practice. The remedly appropriate to the case where a party claims the specific recovery of corporeal heredita
WRIT OF TOLT, Eng. law. The name of a writ to remove proceedings on a writ of right patent from the court baron into the cou
WRIT OF TRESPASS ON THE CASE, practice. A writ which lies where a party sues for damages for any wrong or cause of complaint to which covena
WRIT OF TRESPASS, practice. This writ lies where a party claims damages for a trespass committed against his person, or tangible
WRIT OF WASTE. The name of a writ to be issued against a tenant who has committed waste of the premises. There are several fo
WRIT PRO RETORNO HABENDO, remedies, practice. The name of a writ which re-cites that the defendant was summoned to appear to answer the
WRIT, practice. A mandatory precept issued by the authority, and in the name of the sovereign or the state, for the
WRIT, ORIGINAL, practice, English law. An original writ is a mandatory letter issuing out of the court of chancery under the g
WRITING OBLIGATORY. A bond; an agreement reduced to writing, by which the party becomes bound to perform something, or suffer it t
WRITING. The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance
WRITS, JUDICIAL, practice. In England those writs which issue from the common law courts during the progress of a suit, are des
WRONG-DOER. One who commits an injury, a tort-feasor. (q. v.) Vide Dane's Abridgment, Index, h. t.
WRONG. An injury; (q. v.) a tort (q. v.) a violation of right. In its most usual sense, wrong signifies an injury com
WRONGFULLY INTENDING. These words are used in a declaration when in an action for an injury, the motive of the defendant in committi



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