The Cyclopedic Law Dictionary

Wadium. L. Lat. In old European law. A pledge. Spelman.

In Scotch law. A right by ■which lands or other heritable subjects are impignorated by the proprietor to his creditor in security of his debt. Like other heritable rights, it is pr

In Scotch law. A creditor to whom a wadset is made.

Conductors of vessels at sea. Cowell.

To give a pledge or security for the performance of anything; as to wage or gage deliverance to wage law, etc. Co. Litt. 294. This word is but little used.

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 delivered to one of them on the happening of an uncertain event

A superstitious mode of trial which formerly 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 next

In old practice. An oath taken by a defendant in an action of debt that he does not owe the claim, supported by the oaths of eleven neighbors. When an action of debt is brought aga

In insurance law. A policy without any real interest to support it; a policy in which the insured has no interest, being in fact nothing more than a wager or bet between the partie

A compensation given to a hired The term "wages" does not include "salary," and the term "wages earned" is an apt expression in regard to laborers who are only entitled to pay for

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. WAINAGIUM (Saxon

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 & W.

A term applied to a woman as "outlaw" is applied to a man. A man is an outlaw; a woman is a waive. Crabb. To abandon or forsake a right. To abandon without right; as, if the felon

The voluntary surrender and relinquishment of a right. 29 Minn. 191. The intentional relinquishment of a known right. 153 111. 468. It is a somewhat narrower term than To constitut

(L. Lat.) In old English law. To waive; to throw away; to forsake, or abandon. Spdman.

The chief magistrate of Ripon, in Yorkshire. Camd. Brit.

In Scotch law. The revival of an action. An action is said to sleep when it lies over, not insisted on for a year, in which case it is suspended. Ersk. Inst. 4. 1. 33. With us a re

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.

In Scotch law. The wand which the messenger carries along with his blazon, in executing a caption, and with which he touches the prisoner. A sliding along this staff of a movable r

An ancient customary tenure of lands; i. e,, to drive deer to a stand, that the lord may have a shot. Blount, Ten. 140.

Reckless; disregarding the rights of others; without reasonable excuse. See 14 Tex. App. 201. The act must be intentional, witjh design, and under circumstances evincing a reckless

War is a hostile contest with arms between two or more states or communities claiming sovereign rights. Field, Int. Code, p. 467. Classification: (1) War is either offensive, defen

ARTICLES OF. See "Articles of War." WARACTUM (Law Lat.) In old English law. Fallow; fallow ground. Quando tenementum jacet incultum et ad waractum, when the tenement lies untilled,

An infant placed by authority of law under the care of a guardian. While under the care of a guardian, a ward can make no contract whatever binding upon him, except for necessaries

Governor of the ports of England lying next France, with the authority of admiral, and power of sending out writs in his own name, etc. The constable of Dover Castle is the warden

(Saxon.) 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. Military tenure by which lands were held. It was so called from the yearly tax In commutation of the right to hold vassals' lands during minority. It was abolish

An infant who is under the superintendence of the chancellor.

In English law. The title qt a court of record established in the reign of Henry VIII. See "Court of Wards and Liveries." WARDA (Law Lat.) In Old English Law. Ward; guard; protecti

— ' — In English Law. The right of the lord over the person and estate of the tenant, when the latter was under a certain age. In Modern Law. The status of a ward (g. V.)

An Incident to the tenure of knight service.

The lord is guardian of his infant tenant by special custom.

WARDWYTE, or WARDwlte. 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

The being quit of giving money for the keeping of wards. Spelman.

To plough up land de-.signed for wheat in the spring, in order to let it lie fallow for better improvement, which in Kent is called "summer land."

A place used for the reception and storage of goods and merchandise. 23 Me. 47.

A person who receives goods and merchandise to be stored in his warehouse for hire.

A receipt by a order to obtali. the propefrty. By custom of trade it has come to be virtually negoti~ able in many instances. Grain, provisions, and many other staple commodities a

Lat. In old English law. To warrant; to save one harmless. Spelman.

(L. Lat.) In old European law. an outcast; an exile; a banished person.

In old English probate practice. A notice to one who had entered a caveat to appear and set forth his interest. Sweet.

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 failu

In Scotch law. A clause in a charter of heritable rights, by which the grantor obliges himself that the right conveyed shall be effectual to the receiver. It is either personal or

In its broadest sense, "a writing 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

One to whom a warranty is made. Shep. Touch. 181.

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

An instrument in writing, addressed to one or more attorneys therein named, authorizing them, generally, _ to appear in any court, or in some specified court, on behalf of the pers

The written authority by which a court empowers a jailer to commit a person to custody.

One who makes a warranty. Shep. Touch. 181. WARRANTOR POTEST EXCIPERE quod querens non tenet terram de qua petit plainant does not hold the land of which he seeks the warranty, and

In old practice. A special warrant from the crown, authorizing a party to appoint an attorney to sue or defend for him. Gilb. C. P. 32; 3 Bl. Comm. 25. A special authority, given b

In Insurance. A statement or agreement by the insured, which is part of the contract of insurance, and the truth of which is essential to the validity of the policy. For the distin

VOUCHER TO. In old practice. The calling a warrantor into court by the party warranted (when tenant in a real action brought for recovery of such lands), to defend the suit for him

A contribution usually made towards armor in the time of the Saxons.

A customary payment for castle guard. Cowell.

The sounding of a horn for washing before dinner. The custom is still observed in the Temple.

Lasting and wrongful injury by the holder of a particular estate to the detriment of the holder of the reversion or remainder. To constitute waste, the injury must be wrongful (3 S

Thieves. Cowell.

A phrase used In the English law to denote the superintendence and care of certain officers whose duties are to protect the public from harm.

An officer in many cities and towns, whose duty it is to watch during the night and take care of the property of the inhabitants. He possesses, generally, the common-law authority

In English law. An officer appointed to search ships in ports. 10 Hen. VII. 30.

In American law. An officer mentioned in the colony laws of New Plymouth (A. D. 1671), whose duty was to collect dues to the colony for fish taken in their waters. Colony Laws (Ed.

This term Is applied to the flow or movement of the water in rivers, creeks, and other streams. Surface water flowing from one tract to another having a fixed and determinate cours

Stock which is issued as fully paid up, when in fact the whole amount of the par value thereof has not been paid in. If any amount less than the whole face value of the stock has n

A rent paid for ilshing in, or other benefit from, some river. Chart. 15 Hen. III.

Fictitiously increasing the capital stock of a corporation. It is commonly done when the ordinary profits exceed an ordinary return on the investment, and as much new stock is then

A greater measure than the Winchester, formerly used for selling coals in the pool, etc. 22 Car. II. c. 11. which was of two kinds, — by hot water and by cold water. The hot-water

An. aqueduct or passage for water. WATLING (orWETLlNG) STREET. One of the four great Roman ways or roads in Britain. Cowell; Blount; LL. Gul. Conq. lib. 30; Fleta, lib. 2, c. 61, §

Such goods as appear upon the waves after shipwreck, Jacob.

Duty anciently paid twice a year towards the charge of wax candles in churches. Spelman.

A passage, street, or road. In its most general sense, it includes both public highways and private ways (Co. Litt. 56a; but it is generally used as sy-

A writing in which are set down the names of passengers who are carried in a public conveyance, or the description of goods sent with a common carrier by land. When the goods are c

A way which is necessarily incident to a grant and without which the grant would be useless. 194 111. 250. It arises by implication where the only manner of enjoying the benefit of

In Pennsylvania. By the custom of the country, a tenant for a term certain is entitled, after the expiration of his lease, to enter and take away the crop of grain which he had put

A right of way over or through land for the carriage of minerals from a mine or quarry. It is an easement ((?. v.), being a species of the class called "rights of way," and is gene

Implements of husbandry. 1 Reeve, Hist, Eng. Law, c, 5, 268.

The English highway acts provide that in every parish forming part of a highway district there shall annually be elected one or more waywardens. The waywardens so elected, and the

The robbing of a dead man in his grave.

An instrument of offensive or defensive combat; something to fight with. 81 Wis. 243. WEAR or WEIR. A great dam made across a river, accommodated for the taking of fish, or to conv

A covenant or agreement; whence a wedded husband. WEDBEDRIP (Sanson). In old English law. A customary service which tenants paid to their lords, in cutting down their corn, or doin

A period of time commencing on Sunday morning and ending on Saturday night. 60 Neb. 260. Though it usually means any consecutive seven days, it will sometimes be interpreted to mea

In English law. A duty or toll paid for weighing merchandise. It is called "tronage" for weighing wool at the king's beam, or "pesage" for weighing other avoirdupois goods. 2 Chit.

See "Auncel Weight"

See "Wear."

The technical words to plead scienter.

In English law. 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 differs from i

A certain quantity or circuit of land. Cowell,

A purging from a crime by the oaths of several persons, according to ■ the degree and quality of the accused. Cowell.

or WEREGILD. In old English law. The price which, in a barbarous age, a person guilty of homicide or other enormous offense was required to pay, instead of receiving other punishme

A city by express creation of Henry VIII. It was dissolved as a see and restored to the bishopric of London by Edward VI. and turned into a collegiate church, subject to a dean, by

St. 3 Edw. I., A. D. 1275. This statute, which deserves the name of a code rather than an act, is divided into fifty-one chapters. Without extending the exemption of churchmen from

St. 13 Edw. I. St. 1, A. D. 1285, otherwise called the Statute de Bonis Conditionalibus. See "De Donis, the Statute." See 2 Reeve, Hist. Eng. Law, c. 10, p. 163. Certain parts of t

St. 18 Edw. I. St. 1, A. D. 1290. Otherwise called the Statute Quia Emptores. See "Quia Emptores."

The law of the West Saxons, which was observed in the counties in the south and west of England, from Kent to Devonshire, in the beginning of the eleventh century. Supposed by Blac

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

The money paid for landing goods upon, or loading them from, a wharf. Dane, Abr, Index; 4 Cal. 41, 45.

One who owns or keeps a wharf for the purpose of receiving and shipping merchandise to or from it for hire.

The punishment of the wheel was formerly to tie a criminal on a wheel, and then to break his bones until he expired. This barbarous punishment was never used in the United States,