Dictionary of Terms and Phrases Used in American or English Jurisprudence

Power; strength. Also, applied to a writ, &c., the substance or tenor. Virtute cujus. By reason whereof. A part of the declaration in an action at common law, which, after setting

Force. This word often signifies unlawful force; violence; but sometimes efficacy; power to produce an effect. Vis major. A superior force. In the law of bailment, this term expres

1. A degree of English nobility, next below that of earl. 2. An old title of the sheriff.

In international law, the right of visit or visitation is a claim that officers of a public ship of one nation may go on board a vessel sailing under the flag of another nation, to

In a technical sense, is a visit of an authorized person; such as that of the bishop of a diocese or the archdeacon to the churches, or that of the founder or his appointee to an e

To speak the truth. This law-French phrase is used to denote a preliminary oath administered to a proposed witness, for the purpose of an examination to ascertain whether he is qua

1. Free; without compulsion or solicitation; in accordance with a person's choice, consent, or agreement. 2. Without consideration, and particularly without valuable consideration;

Will; intention; design. Sometimes, a will; a testamentary disposition of property. But in this sense the word is usually followed by iestatoris: voluntas iestatoris, — the will of

1. In conveyancing, one who takes title under a conveyance made without a good or valuable consideration. 2. In military law, one who serves willingly, by his choice, in distinctio

The will of a member of a body, formally manifested towards the decision of a question by the body as a whole, is his vote; and the aggregate of the expressions of the will of the

To call in; to require a warrantor to defend the title; to summon. Voucher, or vouchor: one who calls his warrantor in to defend the title. Vouchee: a warrantor summoned to defend

Is used for a ledgerbook, or book of accounts, wherein are entered the acquittances or warrants for the accountant's discharge. It also signifies any acquittance or receipt, discha

In law Latin, warranty. Warrantia chartae. An old English writ, which lay for a man who was enfeoffed of lands with warranty, and who, being afterwards sued or impleaded in assise

An old Scotch term nearly equivalent to the English " mortgage." The mortgagee was called the wadsetter, and the mortgagor the reverser. The mortgage debt was called the wadset sum

1. An engagement to pay money, transfer property, perform services, &c., dependent on some event which is uncertain or unknown to the parties, and in which they have no interest. W

The ag^reed compensation for services rendered in a menial or subordinate capacity. A compensation given to a hired person for his or her services. Bmvier. The payments made to ser

In a statute exempting property from execution, the term wagon is intended to mean a common vehicle for the transportation of goods, wares, and merchandise of all descriptions; and

Officers whose duty it formerly was to wait in attendance upon the court of chancery. The office was abolished in 1842 by Stat. 5 & 6 Vict. eh. 103. Mozky ^ W.

In modern law, to abandon, relinquish, or surrender a claim, privilege, or right. Waiver: abandonment, relinquishment, or surrender of a claim, privilege, or right. Waived: abandon

A term in Scotch law for revival, of an action which has abated by long delay in prosecution.

A statute declaring sureties in a bond for the jail liberties to be liable, " if the prisoner walk out of the said grounds," must have a construction according to the intent of the

Regardless of another's rights. The word wanton does not mean " wilful," and adds no force to the charge that an act was done in a " careless " manner. Lafayette, &e. li. R. Co. u.

A fighting between two kings, princes, or parties, in vindication of their just rights. Wha Hon. War is that state in which a nation prosecutes its rights by force. Alire v. United

1. Originally, care; charge; guardianship; as in the expression watch and ward. 2. A ten-itorial division of cities; so called apparently because formerly each such division was un

A guardian; a keeper. This is the name given to various officers; as the warden of a prison, the warden of the Cinque Ports, churchward in London, ordinarily called the wardmote co

A building kept for the reception and safe keeping of goods and merchandise. What is known under the laws for collection of duties, as the warehouse, or warehousing system, is the

1. A general name for various judicial writings authorizing officers of the courts to make arrests, searches, or seizures, or do other like acts in aid of the administration of jus

V. To assure or guarantee the existence of some fact, such as the quality of goods sold, the validity of a title, the description and uses of insured property. The particular word

A term in English law for a place in which birds, fishes, or wild beasts are kept. A franchise or privilege, either by prescription or grant from the king, to keep beasts and fowls

Several definitions have been given, and are presented; but those from English sources should be read with the recollection that American courts have held, and with obvious good re

The title of an oflicer, in port towns in England, appointed for the searching of ships. Also, of an officer belonging to the city of London, who had the supervising and search of

The natural flow of water in streams, considered as a subject of a legal interest or right vested in owners of land affected. A watercourse is a right which a man may have to the b

The term waterpower, in a vote to exempt "improvements made upon the water-power on " a stream, &C., does not include the operation of a located above the dam. Flaisted v. Lincoln,

In a popular sense, signifies a place appointed for persons to pass over; but in a legal sense it seems to be not the strip of land, but the easement or right of passing. It is a p

A phrase formed by elision from " away-going crop," and meaning such crops as the tenant has the right to cut and carry with him, after the end of the term. See Patterson; Bouvier.

An English name for a sort of overseer of highways. Waywardens are elected under the highway acts of 1862 and 1864 (Stats. 25 & 26 Vict. ch. 61, and 27 & 28 Vict. ch. 101), in any

Shawls are wearing-apparel, under the duty laws. Maillard v. Lawrence, 16 How. 251, 261. A watch which the testator has been in the habit of carrying upon his person does not pass

This word, both in law and in common conversation or writing, has two separate and distinct meanings. Sometimes it means a period of time commencing on Sunday morning and ending Sa

Aa expression designating the balance or the preponderance in the evidence adduced upon a trial for one party over that adduced on the other. Thus, it is said that the weight of ev

The phrase public welfare includes the considerations of the public health and convenience. Sessions V. Crunkilton, 20 Ohio St. 349.

rt. A well, as the term is used in a conveyance, is an artificial excavation and erection in and upon land which necessarily, from its nature and the mode of its use, includes and

A species of mortgage in which there is no condition or proviso for repayment at any time. The agreement is that the mortgagee, to whom the estate is conveyed, shall receive the re

or W^ERGILD. This was the price of homicide, or other atrocious personal offence, paid partly to the king for the loss of a subject, partly to the lord for the loss of a vassal, an

The Scotch form of the word weregild, g. v.

A perpendicular bank or mound of timber, or stone and earth, raised on the shore of a harbor, river, canal, &c., or extending some distance into the water, for the convenience of l

Ballots upon paper tinged with blue, which has ruled lines, not placed there as marks to distinguish the ballots from others, are upon "white paper," within the meaning of the stat

The relation between two per.'ion.s descended from a pair of nearest common ancestors; as opposed to the relation of the half blood, in which there is but one nearest common ancest

A testator gave to his four sons equally " the balance of my whole estate after deducting the aforesaid legacies; " and it was held that the words " whole estate " meant not the wh

A whore is a woman who practices unlawful commerce with men, particularly one who does so for hire; a harlot; a concubine; a prostitute. A woman who yields only to the solicitation

A widow is a woman who has lost her husband by death. One divorced from her husband cannot, upon his death, claim dower as his widow. Whitsell V. Mills, 6 Ind. 229. A widow is a wi

A woman who has a husband living and undivorced. After a man has been divorced, although for his own adultery, so that he is (according to the statute) prohibited from marrying aga

1. The formal instrument by which a person may make disposal of his property, to take effect at his death. See Testament; also BurriU, for any distinction between " will " and " te

The usual English phrase for the final liquidation or settlement of the accounts and af Eairs of a partnership or company, with a view to a dissolution. Usually, partnerships and c

An ancient city in Sweden. Brown (Am. ed.) gives the name Wishuy. Laws of Wisbuy. A compilation of maritime laws framed at Wisbuy towards the close of the thirteenth centmy. A tran

The words "it is my wish and will he shall give," &c., create a precatory trust to give, &c. Mc Ree V. Means, 34 Ala. 349. No recommendatory terms of a will expressing a " wish," "

Assembly of wise men; which, among the Saxons, was the counterpart, perhaps the original, of the English parliament. See Parhambnt.

A claim which has been dismissed by the court, on the plaintiff's motion, for failure to make parties and prosecute the same, may, notwithstanding, be again interposed by the claim

See Capias.

A statute prescribing that executions shall be returnable " within authorize a return at any time during the period designated upon which the creditor can found proceedings predica

Is a word of positive negation; so that the allegation that the defendant kept "a dog, without said dog being licensed," is of the same legal import and effect as would be an alleg

A person who, being present before a court, magistrate, or examining officer, orally declares what he has seen or heard or done relative to a matter in question; also, a person who

Means -with knowledge and by design, excluding only eases which are the result of accident or forgetfulness, and including cases where one does an unlawful act through an erroneous

An old field "turned out," without fencing around it, and which had grown up in broom-sedge and pine bushes, surrounded by forest land, was held to be " woods," within the meaning

The seat of the lord lor Js may not speak from that part of the chamber. May Pari. Prac.

A charter provision, requiring that work required to be done for a municipal corporation shall be employed by contract, founded on bids and proposals upon public notice, does not a

In a statute which prohibits performing worldly employment on the Lord's day, has been held to include driving a public conveyance (a street car) for hire. Commonwealth v. Jeandell

A wound, according to its use in English statutes, is an injury to the person breaking through the continuity of the skin. Moriarty v. Brooks, 6 Car. & P. 684. Meaning the whole sk

A derelict or broken vessel, or portions of one, or cargo from one, cast by the sea upon the land. Most of the definitions given in the dictionaries seem, however, to exclude a ves

A general term for a variety of judicial instruments by which a court commands something to be done by a person to whom the instrument is addres.sed. Burrill describes a writ as be

n. Is generally used in law as equivalent to tort, or as meaning a civil injury independent of contract.

The period in which the revolution of the earth round the sun, and the accompanying changes in the order of nature, are completed. Generally, when a statute spealcs of a year, twel

Antique English court reports, in a regular series, from King Edward II. to Henry VIII., which were taken by the prothonotaries or chief scribes of the courts, at the expense of

A degree or grade in England, next in order to that of the gentry. The word etymologically means a common man, i.e. commoner. Yeoman also designates an ofiicer of the queen's house

Are words used at the beginning of the reddendum clause in a lease, with reference to the rent intended to be payable under the lease. No special form of words is, however, essenti

In the Kansas exemption statute, does not necessarily imply cattle already broke to work. Cattle intended by the owner for use as work cattle, and old enough to be so used, are wit

The registries of titles to land provided by acts of parliament for the ridings of the county of York; analogous to the registries of deeds generally established in the various cou

This phrase, when used in English conveyancing with reference to settlements of land, signifies all such children as are not entitled to the rights of an eldest son. It therefore i

Funds left by will for the support of a school " for the instruction of youth " may be applied to support a school for both sexes; the trustees are not bound z.

This word is commonly taken in a bad sense, as denoting a separatist from the church of England, or a fanatic.

A term sometimes employed in the language of the court-room to describe a witness who betrays too much partiality for the party on whose behalf he has been called.