Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 338 terms defined in Black's Law Dictionary. Browse all dictionaries
As an abbreviation, this letter frequently stands for "William," (king of England,) "Westminster," "west," or "western."
L. Fr. A vagabond or vagrant. Britt C. 29.
- Wadsetdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In Scotch law. The old term for a mortgage. A right by which lands or other heritable subjects are impignorated by the proprietor to his creditor in security of his debt. Wadsets a
In Scotch law. A creditor to whom a wadset is made, corresponding to a mortgagee,
Conductors of vessels at sea. Cowell.
In old English law. A weigh; a measure of cheese, salt, wool, etc., containing two hundred and fifty-six pounds avoirdupois. Cowell; Spelman.
- Wagedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
In old English practice. To give security for the performance of a thing. Cowell.
One who earns his living by labor of a menial or mechanical kind or performed in a subordinate capacity, such as domestic servants, mechanics, farm bands, clerks, orters, and messe
- Wagerdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A wager is a contract by which two or more parties agree that a certain sum of money or other thing shall be paid or de-llvered to one of them on the happening of an uncortain even
One in which the parties stipulate that they shall gain or lose, upon the happehing of an uncertain event, in which they have no interest except that arising from the possibility o
In old English law. A form of trial anciently used in military cases, arising in the court of chivalry and honor, in appeals of felony, in criminal cases, and in the obsolete rcal
- Wager of lawdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Bouvier (1839)
In old practice. The giving of gage or sureties by a defendant in an action of debt that at a certain day assigned he would make his law; that is, would take an oath in open court
The mode in which a tenant or defendant in a real action pleaded, when the summons which followed the original was not served within the proper time.
- Wager policydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Bouvier (1839)
An insurance upon a subj'ect-matter in which the party assured has no real, valuable, or insurable interest. A mere wager policy is that in which the party assured has no interest
- Wagesdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
The compensation agreed upon by a master to be paid to a servant or any other person hfred to do work or business for him. In maritime law. The compensation allowed to seamen for t
A common vehicle for the transportation of goods, wares, and merchandise of all descriptions. The term does not include a hackney-coach. Quigley v. Gorham, 5 Cal. 418, 63 Am. Dec.
Waifs are goods found, but claimed by nobody; that of which every one waives the claim. Also, goods stolen and waived or thrown away by the thief In his flight, for fear of being a
In old records. That may be plowed or manured; tillable. Cowell; Blount
In old English law. The team and instruments of husbandry belonging to a countryman, and especially to a villein who was required to perform agricultural services.
What is necessary to the farmer for the cultivation of his land. Barring. Ob. St 12.
In feudal and old English law. Timber for wagons or carts.
Officers whose duty it formerly was to wait in attendance upon the court of chancery. The office was abolished in 1842 by St 5 & 6 Vict c. 103. Mozley & Whitley.
- Waivedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
n. A woman outlawed. The term is, as it were, the feminine of "outlaw," the latter being always applied to a man; "waive," to a woman. Cowell. v. To abandon or throw away; as when
- Waiverdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The renunciation, repudiation, abandonment or surrender of some claim, right, privilege or of the opportunity to take advantage of some defect, irregniar-ity or wrong. The passing
An agreement by the indorser of a note or bill to be bound in his character of indorser without the formality of a protest in case of non-payment, or, in the case of paper which ca
A clause inserted in a note, bond, lease, etc expressly wniving the bsnefit of the laws exempting limited amounts of personal property from levy and sale on judicial process, so fa
As applied to a note or bill, a waiver of protest implies not only dispensing with the formal act known as "protest," but also with that which ordinarily must precede it, viz., dem
The election, by an injured party, for purposes of redress, to treat the facts as establishing an implied contract, which he may enforce, instead of an injury by fraud or wrong, fo
In Scotch law. The revival of an action. A process by which an action that has lain over and not been Insisted in for a year and a day, and thus technically said to have "fallen as
In old Lombardic law. The disguising the head or face, with the intent of committing a theft
In old English law. A Welshman.
The being a Welshman. Spelman.
In Saxon law. A servant or any ministerial officer. Cowell.
Foresters who have the care of a certain space of ground assigned to them. Cowell.
An erection of stone, brick or other materini, raised to some height, and intended for purposes of security or inclosure. In law, this term occurs in such compounds as "ancient wal
In old English law. A wall; a sea-wall; a mound, bank or wall erected in marshy districts as a protection against the sea. Spelman.
Beads made of shells, used as money by the North American Indians, and which continued current in New York as late as 1693.
In Scotch law. A wand or staff carried by the messenger of a court, and which, when deforced, (that is, hindered from executing process,) he breaks, as a symbol of the deforcement,
An ancient customary tenure of lands; i. e., to drive deer to a stand that the lord may have a shot. Blount, Ten 140
In marine insurance. Ullage; deficiency in the contents of a cask or vessel caused by leaking. Cory v. Boyl-ston Fire & Marine Ins. Co., 107 Mass. 140, 9 Am. Bep. 14.
Regardless of another's rights. See Wantonness.
Reckless indifference to the consequences of an act or omission, where the party acting or failing to act is conscious of his conduct and, without any actual intent to injure, la a
A reckless or malicious and intentional disregard of the property, righis or safety of others, implying, actively, a licentious or contemptuous willingness to injure and disregard
In English law. A local division of the country; the name is in use north of the Trent to denote a hundred. The derivation of the name is said to be from "weapon" and "take," and i
- Wardefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Abbott (1879)
A state of forcible contention; an armed contest betwcen nations; a state of hostility between two or more nations or states. Gro. de Jur. B. lib. 1, c. 1. Every connection by forc
- Warddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
1. Guarding; care; charge; as, the ward of a castle; so in the phrase "watch and ward." 2. A division in the city of London committed to the special ward (guardianship) of an alder
L. Lat. In old English law. Ward; guard; protection ; keeping; custody. Spelman. A ward; an infant under wardship. Id. In old Scotch law. An award ; the judgment of a court.
Money paid and contributed to watch and ward. Domesday.
- Wardendefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
A guardian; a keeper. This is the name given to various officers.
In English law. The title of the governor or presiding officer of the Cinque Ports, (q. v.)
Sax. In old records. -Ward-fee; the value of a ward, or the money paid to the lord for his redemption from wardship. Blount.
In old Scotch law. Tenure by military service; the proper feudal tenure of Scotland. Abolished by St. 20 Geo. II. c. 50. Ersk. Prin. 2, 4, 1, —Ward in chancery.. An infant who is u
In English law. A court kept in every ward in London, commonly called the "ward-mote court," or "inquest." Cowell.
In old English law. Money paid to the sheriff or cas-tellaiiis, for the duty of watching and warding a castle. Spelman.
In English law. The title of a court of record, established in the reign of Henry VIII. See Court op Wards and Liveries.
In military tenures, the right of the lord to have custody, as guardian, of the body and lands of the infant heir, without any account of profits, until he was twenty-one or she si
An incident to the tenure of knight-service.
The lord is guardian of nis infant tenant by special custom.
Seamen are sometimes thus designated, because, in view of their general improvidence and rashness, the admiralty courts are accustomed to scrutinize with great care their bargains
In old records. A constable's or watchman's staff. Co-well.
In old English law. Immunity or exemption from the duty or service of ward, or from contributing to such service. Spelman. Exemption from amercement for not finding a man to do war
L. Lat. In old English law. To fallow ground; or plow up land (designed for wheat) in the spring, in order to let It lie fallow for the better improvement. Fleta, lib. 2, c. 33; Co
- Warehousedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
A place adapted to the reception and storage of goods and merchandise. State v. Huffman, 136 Mo. 58, 37 S. W. 797 ; Owen v. Boyle, 22 Me. 47; State v. Wilson, 47 N. H. 101; Allen'
A book used by merchants to contain an account of the quantities of goods received, shipped, and remaining in stock.
The owner of a warehouse; one who, as a business, and for hire, keeps and stores the goods of others.
A receipt given by a warehouseman for goods received by him on storage in his warehouse. Merchants' Warehouse Co. v. McClain (C. C.) 112 Fed. 789; Collins v. Kalli, 20 Hun (N. Y.)
A system of public stores or warehouses, established or authorized by law, called "bonded warehouses," in which an importer may deposit goods imported, in the custody of the revenu
Under the old practice of the English court of probate, was a notice given by a registrar of the principal registry to a person who had entered a caveat, warning him, within six da
In old records. Garniture ; furniture; provision. Cowell.
In old English law. An ancient custom, whereby, if any tenant holding of the Castle of Dover failed in paying his rent at the day, he should forfeit double, and, for the second fai
In England. A department of state from which the sovereign issues orders to his forces. Wharton.
A rope attached to some fixed point, used for moving a ship. Pub. St. Mass. 1882, p. 1297.
In Scotch law. Warranty ; a clause in a charter or deed by which the grantor obliges himself that the right conveyed shall be effectual to the receiver. Ersk. Prin. 2, 3, 11. A cla
- Warrantdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
n. 1. A writ or precept from a competent authority in pursuance of law, directing the doing of an act, and addressed to an officer or person competent to do the act, and affording
See Creditor.
A person to whom a warranty is made.
In old practice. Warranty of charter. A writ which lay for one who, being ehfeoffed of lands or tenements, with a clause of warranty, was afterwards impleaded in an assize or other
An old English writ, which lay for him who was challenged to be a ward to another, in respect to land said to be holden by knight-service; which land, when it was bought by the anc
A writ which lay for a man who, having had a day assigned him personally to appear In court In any action In which he was sued, was in the mean time, by commandment, employed in th
A warrant issued, upon an adjudication in bankruptcy, directing the marshal to take possession of the bankrupt's property, notify creditors, etc.
In old conveyancing. To warrant; to bind one's self, by covenant in a deed of conveyance, to defend the grantee in hls title and possession.
- Warrantizare est defendere et acquieture tenentem, qui warrantum vocavit, in seisina sua; et tenens de re warranti excambinm habebit ad valentiamdefined inBlack's (1910)
Co. Litt. 365. To warrant Is to defend and insure in peace the tenant, who calls for warranty, in his seisin; and the tenant in warranty will have an exchange in proportion to its
See Arrest.
In practice. A written authority, directed to any attorney or attorneys of any court of record, to appear for the party executing it, and receive a declaration for him in an action
A warrant of commitment is a written authority committing a person to custody.
In the United States navy, these are a class of inferior officers who hold their rank by virtue of a written warrant instead of a commission, including boatswains, gunners, carpent
- Warrantordefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
One who makes a warranty. Shep. Touch. 181. Warrantor potest excipere quod que-rens non tenet terram de qua petit war-rantiam, et quod donum fnit Insufficiens. Hob. 21. A warrantor
In old practice. A special warrant from the crown, authorizing a party to appoint an attorney to sue or defend for him. 3 Bl. Comm, 25. A special authority given by a party to his
- Warrantydefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Bouvier (1839)
In real property law. A real covenant by the grantor of lands, for himself and his heirs, to warrant and defend the title and possession of the estate granted, to the grantee and h
One which contains a covenant of warranty.
In old practice. The calling a warrantor into court by the party warranted, (when tenant in a reni action brought for recovery of such lands,) to defend the suit for him. Co.. Litt
- Warrendefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
A term in English law for a placo 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
In Saxon law. A customary or usual tribute or contribution towards armor or the arming of the forces.
In old English law. A customary payment, supposed to be the same with ward-penny. Spelman; Blount.
A shallow part of a river or arm of the sea.
The seundlng of a horn for washing before dinner. The custom was formerly observed In the Temple.
In the language of the stock exchange, this is the operation performed by a broker who fills an order from one customer to buy a certain stock or cem-modity by simply transferring
- Wastedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Spoil or destruction, done or permitted, to lands, houses, gardens, trees or other corporeal hereditaments, by the tenant thereof, to the prejudice of the heir or of him in reversi
A book used by merchants, to receive rough entries or memoranda of ali transactions in the order of their occurrence, previous to their being posted in the journal. Otherwise calle
In old statutes. A kind of thieves.