A Law Dictionary, Adapted to the Constitution and Laws of the United States

a term used in Scotland, by which is meant a right, by which lands, or other heritable subjects, are impignorated by the proprietor to his creditor in security of his debt; and, li

In the law of Scotland, a creditor to whom a wadset 1s made, is called a wadsetter.

A superstitious mode of trial which till lately disgraced the English law. The last case of this kind was commenced in the year 1817, but not proceeded in to judgment; and at the n

Engl. law. When an action of debt is brought against a man upon a simple contract, and the defendant pleads nel dehit, and concludes his’ plea with this formula, ‘“ And this he is

contracts, is one made when the insured has no insurable interest. It has nothing in common with insurance but the name and form. It is usually in such terms as to preclude the nec

The law does not prohibit‘all wagers. 1 Browne’s Rep. 171. In general, it seems, that a wager is legal and may be enforced in a court of law, 3 T. R. 693, if it be not, Ist, contra

is the relinquishment or refusal to accept of a right. In practice it is required of every one to take advantage of his rights at a proper time, and, neglecting to do so, will be c

domestic relations, is an infant placed by authority of law under the care of a guardian. While under the care of his guardian a ward can make no contract whatever binding upon him

police. To watch inthe day time, for the purpose of preventing violations of the law. It is the duty of all police officers and constables to keep ward in their respective district

A guardian; a keeper. This is the name given to various officers; as, the warden of the prison; the wardens of the port of Philadelphia; church-wardens.

a place adapted to the reception and storage of goods and merchandise. The act of congress of 25th February, 1799, 1 Story’s Laws U. S. 565, authorises the purchase of suitable war

crim. law, practice, is a writ issued by a justice of the peace or other authorised officer, _ directed to a constable or other proper person, requiring him to arrest a person ther

BENCH. Vide Bench Warrant.

SEARCH. Vide Search Warrant.

One to whom a warranty is made. Touchst. 181.

An ancient and now obsolete writ which was issued when a man was enfeoffed of lands with warranty, and then he was sued or impleaded in assize or other action, in which he could no

One who makes a warranty. Touchst. 181.

VOUCHER TO, in practice. -A warranty is a contract rea], annexed to lands and tenements, whereby a man is bound to defend such lands and tenements from another person; and in case

common law, isa book used among merchants. All the dealings of the merchant are recorded in this book in chronological order as they occur.

police. To watch is properly speaking to stand sentry and attend guard during the night time: certain officers called watchmen are appointed in most of the cities of the United Sta

an officer in many cities and towns whose duty it is to watch during the night and take care of the property of the inhabible (q. v.) to make arrests, where is'there is reasonable

That liquid substance lof which the sea, the rivers, and creeks are composed. A pool of water, or a stream or water course is considered as part of the Jand, hence « pool of twenty

English law, an officer appointed to search ships in ports.

This name is given to such goods as after shipwreck appear upon the waves. Jacob.

pleadings. In an indictment for simple larceny, the words ‘‘ feloniously took and carried away,” the goods stolen, are indispensable. Bac. Abr. Indictment, G 1; Com. Dig. Indictmen

estates, a passage, street or road. A right of way is a privilege which an individual, or a particular description of persons such as the inhabitants of a particular place, or the

A covenant or agreement; that this pawer has not been exerwhence a wedded husband. cised. The weights now generally

is a quality in natu- ounce is divided into eight drams, ral bodies, by which they tend to- and the dram into three scruples, so is grain only is used, and sets of weights are cons

7 pounds = 1 clove. This phrase is used to signify that 14 pounds = 1 stone = 0 14 the proof on one side of a cause is 2stones = ltod = 0 1 0O greater than on the other. Whena 64 t

English law, contracts, is a species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given as a security for the repayment, but dif

A castrated ram, at least one year old; in an indictment it may be called a sheep. 4 Car. & Payne, 216; 19 Engl. Com. Law Rep. 351.

mar. law, a vessel employed in the whale fishery. It is usual for the owner of the vessel the captain and crew to divide the profits in just proportions under an

is a space of ground artificially prepared for the reception of merchandise from a ship or vessel, so as to promote the convenient loading and discharge of such vessel.

is the money paid for landing goods upon, or loading them from a wharf. Dane’s Ab. Index, h. t.

one who owns or keeps a wharf, for the purpose of receiving and shipping merchandise to or from it, for hire. Like a warehouseman, (q. v.) a wharfinger is responsible for ordinary

The young of certain animals of a base nature, or fere nature. It is arule that when are fere natura, though tame and reclaimed, it cannot be committed of the young of such creatur

See Blood.

an unmarried woman whose husband is dead. In legal writings, widow is an addition given to a woman who is unmarried and whose husband is dead. The addition of spinster is given to

practice. The name of a writ which issues on the return to an alias or pluries writ of replevin, of elongata, by which the sheriff is commanded to take the defendant’s own goods wh

contracts. These words are frequently used in conditions of sale at public auction, that the property offered, or to be offered for sale will be sold without reserve. When a proper

THAT, pleading; these are technical words used in a traverse, (q. v.) for the purpose of denying a material fact declaration, plea, replication, &c. In latin it is called absque ho

one who, being sworn or affirmed according to law, deposes as to his knowledge of facts in issue between the parties ina cause. It OS is a general rule, that all persons may be wit

INSTRUMENTA- RY, in the Scotch law, is he who has attested a deed or other writing. When witnesses attest a deed without knowing the grantor, and seeing him subscribe, or hearing h

persons. In its most enlarged sense, this word signifies all the females of the human species; but in a more restricted sense, it means all such females who have arrived at the age

a prison where prisoners are kept in employment; a penitentiary.

An expression to designate that, in descent, the sons are to be preferred to daughters, which is the law of England. See some singular reasons given for this, in Plowd. 305.

mar. law. A wreck (called in law-latin wreccum maris, and in law French wrec de mer) sigand left there within some county, so as not to belong to the jurisdiction of the admiralty,

practice, is a mandatory recept, issued by the authority, and in the name of the sovereign or the state, for the purpose of compelling the defendant to do something therein mention

ORIGINAL, practice, in the English law. An original writ is a mandatory letter issuing out of the court of chancery, under the great seal, and, in the king’s name, directed to the

This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men. Fitz. N. B. 282.

Engl. luw. This writ is probably obsolete, and superseded by the writ; of hubeas corpus. Tt was anciently directed to the sheriff, commanding him to inquire whether a prisoner char

evidence. It isa general rule that comparison of hands ig not admissible. But to this there are some exceptions; in some instances when the antiquity of the writing makes it imposs

in practice, is a writ which lies where a party claims damages for breach of covenant, t. e. of a promise under seal.

practice, lies where the party claims the recovery of a debt, i. e. a liquidated or certain which is the principal and only !common form. There is another species mentioned in the

practice, is a writ which lies where a party claims the specific recovery of goods and chattels, or deeds and writings detained from him. This is seldom used: trover is the more fr

practice, is a writ which lies for a widow claiming the specific recovery of her dower, no part having been yet assigned to her. It is usually called a writ of dower unde nihil hab

in practice. Vide Ejectment. WRIT OF TRESPASS ON

practice, is a writ requiring the sheriff to commises in question, or to appear in court on such a day to show cause why he hath not done so. Co. Litt. 238. This writ is out of use

See Exigent; or Erigt Factas.

practice. This writ lies where a party claims the specific recovery of lands and tenements, as issue in tail; or as remainder-man or reversioner, upon the determination of an estat

practice. When an action sounding in damages, (q- v.) as covenant, trespass, and the like, and on such action is rendered an interlocutory judgment, which is that the plaintiff oug

English law, is a writ directed to the sheriff, (either generally, when any man is imprisoned for a bailable offence, and bail has been refused; or specially, when the offence or c

English practice, is a writ which issues at the same time with the exigi facias, by virtue of stat. 31 Eliz. c. 3, s. 1, by which the sheriff is commanded to make proclamations in

practice. This writ lies where, pending an action of replevin, the same distrainor takes, for the same supposed, cause, the cattle or goods of the same distrainee. See F. N. B. 169

practice, is the remedy appropriate to the case where a party claims the specific recovery of corporeal hereditaments in fee simple; founding his title on the right of property, or

Engl. law, in practice. If the defendant does not appear, in obedience to the original writ, there issue, when the time for appearance is past, other writs, returnable on some gene