The Cyclopedic Law Dictionary

m old Biigllsh law. Simple or mere force. Distinguished by Bracton from "vis armata," and also from "vis expu Uiva." Bracton, fol. 162.

Cavilous litigation. Obsolete. Webster.

See "Vicious Intromission." VITIUM CLER1CI NOCERE NON DEBET. Clerical errors ought not to prejudice. Jenk. Cent. Cas. 23; Dig. 34. 5. 8.

NE, si rationem non invenias, mox legem sine ratione esse dames. It is a fault which ought to be avoided, that if you cannot discover the reason, you should presently exclaim that

In old English law. The fault or mistake of a writer or copyist; a clerical error. Gilb. For. Rom. 185.

In the civil law. Living water; running water; that which issues from a spring or fountain (quae fonte exit). Calv. Lex. VIVA PECUNIA (Law Lat.) In old English law. Live cattle. Se

or VIVARY (Lat. from vivus, alive). In the Civil Law. An inclosed place, where live wild animals are kept. Calv. Lex.; Spelman; A. Gell. Noct. Att. ii. 20. In Old English Law. A pl

In feudal law. To summon to court. Feud. lib. 2, tit. 22. VOCATIO IN JUS (Lat.) In Roman law. According to the practice in the legis actiones of the Roman law, a person having dema

That which has no force or effect. "Void" is often loosely used in varied meanings, and applied indiiferently to a thing which has no force or effect, and is an absolute nullity, o

That which has some force or effect, but which, in consequence of some inherent quality, may be legally annulled or avoided. direct attack upon it. 156 III. 644; 181 111. App. 58;

Voillour. L. Fr. In old English law. A will; a testament. Eelham.

A preliminary examination of a witness or venireman to ascertain whether he is competent.

He who consents cannot receive an injury. 2 Bouv. Inst, notes 2279, 2327; Broom, Leg. Max. (3d London Ed.) 245; Shelf. Mar. & Div. 449; Wingate, Max. 482; 4 Term R. 657; Plowd. 501

He willed, but did not say. 4 Kent, Comm. 538. VOLUMEN (Lat. from 'Wo Zvere, to roll.) In the civil law. A volume; so called from its form, being rolled up.

We will. The first word of a clause in the royal writs of protection and letters patent.

A drunkard. Co. Litt. 247a.

Willingly; done with one's consent; negligently. Wolff. § 5.

In chancery practice. An answer put in by a defendant, when the plaintiff had filed no interrogatories which required an answer.

An assignment made by a debtor in trust for the benefit of his creditors. So called in contradistinction from "compulsory assignments," or such as are made under statutes of bankru

The transfer of an estate made without any adequate consideration of value.

In civil law. A deposit which is made by the mere consent or agreement of the parties. 1 Bouv. Inst, note 1054. See "Deposit."

In ecclesiastical law. That kind of jurisdiction which requires no judicial proceedings; as, the granting letters of administration and receiving the probate of wills.

See "Manslaughter."

In practice. The abandonment of his cause by a plaintiff, and an agreement that a judgment for costs be entered against him. 3 Bouv. Inst, note 3306.

An oath taken in some extrajudicial matter, or before some magistrate or officer who cannot compel it to be taken.

That made by free will and choice. Not compelled by process or force.

In Scotch law. Where a mortgagee receives the sum due into his own hands, and discharges the mortgage, without any consignation. Bell, Diet

One made freely, without constraint, by the owner of the thing sold. 1 Bouv. Inst, note 974.

A transaction whereby a grantor makes and executes a deed which he does not deliver to the grantee, but leaves it with a notary with instructions to record the deed after the death

That which is either active or willful, in contradistinction to that which arises from mere negligence, which is called "permissive" waste. 2 Bouv. Inst. 2394 et seq. See "Waste."

IN CHARTA don! sul manlfeste expressa observetur. The will of the donor, clearly expressed in the deed, should be observed. Co. Litt. 21a. VOLUNTAS EST JUSTA SENTENTIA de eo quod q

——In Conveyances. Persons who receive a voluntary conveyance. It is a general rule of the courts of equity, that they will not assist a mere volunteer who has a defective conveyanc

Suffrage; the voice of an individual in making a choice by many. The total number of voices given at an election; as, the presidential vote.

A voting trust may be comprehensively defined as one created by an agreement between a group of the stockholders of a corporation and the trustee, or by a group of identical agreem

A vow or promise. Dies votomm, the wedding day. Fleta, 1, 4.

In common recoveries, the person who is called to warrant or defend the title is called the "vouchee." 2 Bouv. Inst, note 2093. In Accounts. An account book in which are entered th

The ordinary meaning of "voucher" is a document which shows that services have been performed or expenses incurred. It covers any acquittance or receipt discharg:ing the person or

The calling one who has warranted lands, by the party warranted, to come and defend the suit for him. Co. Litt. 101b. VOUS VEIES (VOIES, or VEITZ) BIEN coment (Law Pr. you see well

VIZ., orta Inter graves et discretes, quae multum Gommon opinion is of two kinds, viz., that which arises among grave and discreet men, which has much truth in it, and that which a

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.