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WADSET,
Scotch law. A right, by which lands, or other heritable subjects, are impignorated by the proprietor to his cr |
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WADSETTER
, Scotch law. A creditor to whom a wadset is made. TO WAGE, contracts. To give a pledge or security for the p |
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WAGER OF BATTEL.
A superstitious mode of trial which till lately disgraced the English law. 2. The last case of this kind was |
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WAGER OF LAW,
Engl. law. When an action of debt is brought against a man upon a simple contract, and the defendant pleads ni |
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WAGER POLICY,
contracts. One made when the insured has no insurable interest. 2. It has nothing in common with insurance bu |
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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 |
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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 |
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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' |
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WAIVER.,
The relinquishment or refusal to accept of a right. 2. In practice it is required of every one to take advant |
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WAKENING,
Scotch law. The revival of an action. 2. An action is said to sleep, when it lies over, not insisted on for a |
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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 |
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WANTONNESS,
crim. law. A licentious act by one man towards the person of another without regard to his rights; as, for exa |
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WAPENTAKE.
An ancient word used in England as synonymous with hundred. (q. v.) Fortesc. De Laud. ch. 24. |
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WAR.
A contention by force; or the art of paralysing the forces of an enemy. 2. It is either public or private. It |
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WARD IN CHANCERY.
An infant who is under the superintendence of the chancellor. |
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WARD,
a district. Most cities are divided for various purposes into districts, each of which is called a ward. |
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WARD,
domestic relations. An infant placed by authority of law under the care of a guardian. 2. While under the car |
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WARD,
police. To watch in the day time, for the purpose of preventing violations of the law. 2. It is the duty of |
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WARDEN.
A guardian; a keeper. This is the name given to various officers: as, the warden of the prison; the wardens of |
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WARDSHIP,
Eng. law. Wardship was the right of the lord over the person and estate of the tenant, when the latter was und |
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WAREHOUSE.
A place adapted to the reception and storage of goods and merchandise. 9 Shepl. 47. 2. The act of congress o |
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WAREHOUSEMAN.
A warehouseman is a person who receives goods and merchandise to be stored in his warehouse for hire. 2. He |
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WARRANDICE,
Scotch law. A clause in a charter of heritable rights by which the grantor obliges himself, that the right con |
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WARRANT OF ATTORNEY
, practice. An instrument in writing, addressed to one or more attorneys therein named, authorizing them gener |
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WARRANT,
crim. law, Practice. A writ issued by a justice of the peace or other authorized officer, directed to a consta |
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WARRANTEE.
One to whom a warranty is made. Touchst. 181. |
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WARRANTIA CHARTAE.
An ancient and now obsolete writ, which was issued when a man was enfeoffed of land with warranty, and then he |
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WARRANTOR.
One who makes a warranty. Touchst, 181. |
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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 |
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WASTE BOOK,
com. law. A book used among merchants. All the dealings of the merchant are recorded in this book in chronolog |
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WASTE.
A spoil or destruction houses, gardens, trees, or other corporeal hereditaments, to the disherison of him that |
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WATCH AND WARD.
A phrase used in the English law, to denote the superinten-dence and care of certain officers, whose duties ar |
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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 |
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WATER BAILIFF,
English law. An officer appointed to search ships in ports. 10 H. vii., 30. |
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WATER COURSE.
This term is applied to the flow or movement of the water in rivers, creeks, and other streams. 2. In a lega |
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WATER ORDEAL.
An ancient form of trial, now abolished, by which the accused, tied band and foot, were cast into cold water, |
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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. |
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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 |
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WED.
A covenant or agreement; whence a wedded husband. WEEK. Seven days of time. 2. The week commences immediat |
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WEIGHAGE,
mer. law. In the English law it is a duty or toll paid for weighing merchandise; it is called tronage, (q. v.) |
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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 |
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WELCH MORTGAGE,
Eng. law, contracts. A species of security which partakes of the nature of a mortgage, as there is a debt due, |
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WELL KNOWING.
These words are used in a declaration when the plaintiff sues for an injury which is not immediate and with fo |
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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 |
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WERE.
The name of a fine among the Saxons imposed upon a murderer. 2. The life of every man, not excepting that of |
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WERGILD, or WEREGILD,
old Eng. law. The price which in a barbarous age, a person guilty of homicide or other enormous offence was re |
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WETHER.
A castrated ram, at least one year old in ark indictment it may be called a sheep. 4 Car. & Payne, 216; 19 Eng |
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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. |
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WHARFINGER
. One who owns or keeps a wharf, for the purpose of receiving and shipping merchandise to or from it, for hire |
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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 |
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WHEN
. At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denotin |
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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 |
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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 |
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WHOLE BLOOD
. Being related by both the father and mother's side; this phrase is used in contradistinction to half, blood, |
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WHOLESALE.
To sell by wholesale, is to sell by large parcels, generally in original packages, and not by retail. (q. v.) |
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WIDOW'S CHAMBER,
Eng. law. In London the apparel of a widow and the furniture of her chamber, left by her deceased husband, is |
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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 |
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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. |
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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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