Waive

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: abandoned; relinquished; surrendered. To waive, in the general signification, is to forsake; but is specially applied to a woman, who for any crime for which a man may be outlawed, is termed waived. (Reg. Orig. 132.) Waiver is the passing by of a thing, or a declining or refusal to accept it. Sometimes it is applied to an estate or sometliing conveyed to a man, and sometimes to a plea. Jamb. The doctrine of waiver is chiefly valuable in connection with covenants in leases; and in this use of it waiver is commonly said to be of two sorts; namely, implied waiver and actual waiver. With reference to the first kind of waiver, a receipt of rent by a landlord, after notice of a breach of covenant committed by his tenant prior to the rent becoming due, was an implied waiver of his right of entry for that particular breach; and with reference to the second kind of waiver, if a landlord, in express terms, waived his right of re-entry on the ground of the breach for that once, he was considered in law to have waived it also for all subsequent breaches of the same covenant; but by the Stat. 22 & 23 Vict. ch. 36, § 6, the effect of an actual waiver is now reduced in this respect to that of an implied, which is the most ordinary kind of waiver.

Brown,