Waiver

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 by of an occasion to enforce a legal right, whereby the right to ehforce the same is lost; a common instance of this is where a landlord waives a forfeiture of a lease by receiving rent, or distraining" for rent, which has accrued due after the breach of covenant causing the forfeiture became known to him. Wharton. This word is commonly used to denote the declining to take advantage of an irregularity in legal proceedings, or of a forfeiture incurred through breach of covenants in a lease. A glft of goods may be waived by a disagreement to accopt; so a plaintiff may commonly sue in contract waiving the tort. Brown. See Bennecke v. Insurance Co., 105 U. S. 355, 26 L. Ed. 990; Christenson v. Carleton, 69 Vt 91, 37 Atl. 226; Shaw v. Spencer, 100 Mass. 395, 97 Am. Dec. 107, 1 Am. Rep. 115; Star Brewery Co. v. Primas, 163 III. 652, 45 N. E. 145; Reid v. Field, 83 Va. 26, 1 S. El 395; Caulfield v. Finnegan, 114 Ain. 39, 21 South. 484; Lyman v. Littleton, 50 N. H. 54; Smiley v. Barker, 83 Fed. 684, 28 C. C. A. 9; Boos v. Ewing, 17 Ohio 523, 49 Am. Dee, 478.

— Implied waiver. A waiver is implied where one party has pursued such a course of conduct with reference to the other party as to evidence an intention to waive his rights or the advantage to which he may be entitled, or where the conduct pursued is inconsistent with any other honest intention than ail intention of sack waiver, provided that the other party concerned has been induced by such conduct to act upon the belief that there has been a waiver, and has incurred trouble or expense thereby. Ast-ritch v. German-American Ins. Co., 131 Fed.' 20, 65 C. C. A. 251; Roumage v. Insurance Oil,' 13 N. J. Law, 124.

— Waiver of exemption. 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 far as concerns the enforcement of the particniar debt or obligation. See Mitchell v. Coates, 47 Pa. 203; Wyman v. Gay, 90 Me. 36, 37 AtL. 325, 60 Am. St Ren. 238; Howard B. & U Ass'n v. Philadelphia & It. R. Co., 102 Pa. 223.

— Waiver af protest. 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 cannot or is not required to be protested, dispensing with the necessity of a demand and notice. See First Nat. Bank r. Falkenhan, 94 Cal. 14i, 29 Pac. 866; Codding-ton v. Davis, 1 N. Y. 190.

— Waiver of tort. 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, for the committing of which he may demand damages, compensatory or exemplary. Harway v. Mayor, ete, of City of New York, 1 Hun (N. Y.) 630.