The Cyclopedic Law Dictionary

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,

This word implies a recital, and, in general, cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the te

A post to which criminals are tied to inflict the punishment of whipping, which is in use in Delaware, and perhaps one or two other states.

A fictitious name given to a piece of land, in the English books, for purposes of illustration. See "Black Acre."

In Scotch law. A fictitious bidder at an auction. Where there is no upset price, and the auction is not stated to be without reserve, there is no authority for saying that employme

A place in London, between the Temple and Blackfriars, which was formerly a sanctuary, and therefore privileged from arrest.

A mulct on certain lands in or near to the forest of Whitehart, paid into the exchequer, imposed by Henry III. upon Thomas de la Linda for killing a ■ beautiful white hart which th

Persons of the Caucasian race. It excludes Indians, Mongolians, etc. 5 Sawy. (U. S.) 115. The general rule is that a person having threefourths or more of Caucasian blood is regard

In English law. Rents paid in silver, and called "white rents," or redditus albi, to distinguish them from other rents which were not paid in money. 2 Inst. 19. See "Alba Firma."

Being related by both the father and mother's side. This phrase is used in contradistinction to "half blood," which is relation only on one side. See "Blood."

To sell by wholesale Is to sell by large parcels, generally in original packages, and not by retail.

A woman who practices unlawful commerce with men, particularly one that does so for hire; a prostitute. While a woman may acquire that character without being generally accessible

Any act of sexual intercourse between a married female and a male person not her husband, or between an unmarried female and a male person, is whoredom. 6 Ind. 343.

or WIC. A town or village. A termination denoting territorial limits of authority. Thus, "bailiwick" is the territory to which the authority of a bailiff extends.

A woman whose husband is dead, and who has not remarried. 164 Iowa 208; 145 N. W. 467. As used in statute of distributions, this does not include a divorced woman, though it may in

A man whose wife is dead. A widower has a right to administer on hia wife's separate estate, and, as her administrator, to collect debts due to her, generally for his own use.

The state of a man whose wife is dead, or of a woman whose husband is dead. In general, there is no law to regulate the time during which a man must remain a widower, or a woman a

The share of her husband's estate which a widow is allowed besides her jointure.

In English law. In London, the apparel of a widow and the furniture of her chamber, left by her deceased husband, is so called, and the widow is entitled to it. 2 Bl. Comm. 518.

See "Quarantine."

The right which a wife has after her husband's death to a

See "Equity to a Settlement."

Animals In a state of nature; animals ferae naturae. See "Animal."

Unimproved and uncultivated; land left in a state of nature, uninhabited, unoccupied and uncultivated, and not in use by the owner, his agent or lessee, for any artificial purpose.

RULE IN. A devise to B. and his children or issue, B. having no issue at the time of the devise, gives him an estate tail, which would become a life estate in the first taker under

The legal declaration of a man's intention respecting the disposition of his property, which he wills to be performed after his death. See 2 Bl. Comm. 309. See Joint Will. The word

ESTATE AT. See "Estates."

In the common sense, voluntary or intentional. In criminal law, the term generally means more than "voluntary," and implies an evil mind or intent. 96 U. S. 699; 140 Ind. 246; 20 P

A "willful" differs essentially from a "negligent" act. The one is positive, and the other negative. Intention is always separated from negligence by a precise line of demarcation.

Intentionally. In charging certain offenses, it is required that they should be stated to be willfully done. Archb. Grim. PI. 51, 58; Leach, C. C. 5E6. In Pennsylvania, it has been

See "Statute of Wills."

STATUTE OF. A statute passed in the 13th year of the reign of Edward I., by which the old Saxon law of police was enforced, with many additional provisions. 2 Reeve, Hist. Eng, Law

The standard measure which was originally kept at Winchester. It is abolished by 5 & 6 Wm. IV. c. 63.

The term used in England to denote the dissolution of a corporation or partnership, and the settlement of its affairs.

A tax on windows, levied on houses which contained more than six windows, and were worth more than £5 per annum; established by St. 7 Wm. III. c. 18. St. 14 & 15 Vict. c. 36, subst

A royal forest founded by Henry VIII.

A tumultuous outburst of wind. 151 la. 73, 77, Ann. Gas. 1913A 266n. See Tornado.

An occasional circuit appointed for the trial of prisoners, in England, and in some cases of civil causes, between Michaelmas and Hilary terms.

The season between 11th November and 23d April, which is ex-

Laws of. A code of maritime laws, compiled at Wisbuy, the ancient capital of Gothland in Sweden, towards the close of the thirteenth century, and which, soon after their promulgati

A measure of land among the Saxons, containing sixty acres.

The purgation from an offense by the oath of the requisite number of witnesses.

In Saxon law. A punishment, pain, penalty, mulct, or criminal fine. Gowell. It was the fine paid to the magistrate, as distinguished from "were," the compensation paid to the injur

A taxation of the West Saxons, imposed by the public council of the kingdom.

In Saxon law. The judgment of the county court, or other court of competent jurisdiction, on the title to property, real or personal. 1 Spence, Eq. Jur. 22. WITENA GEMOTE (spelled,

The chiefs of the Saxon lords or thanes, their nobles, and wise men.

In practice. An agreement made between the parties in a suit to require one of the twelve jurors impanelled to try a cause to leave the jury box; the act of leaving the box by such

The withdrawing by plaintiff's attorney of the nisi prius record filed in a cause, before jury is sworn, has the same effect as a motion to postpone. 2 Car. & P. 185; 3 Campb. 333;

In practice. The name of a writ which issues on the return of elongata to an alias or pluries writ of replevin, by which the sheriff is commanded to take ly, not to deliver them to

To hold back; to restrain; to keep from action; to retain; to keep back; not to grant. 146 Iowa 360, 374, 140 Am. St. Rep. 282.

In the limits or compass of; not further in length than; not exceeding in quantity; inside the limits of; not going outside of; not beyond or exceeding. 150 111. 634.

This signifies that the cause or thing to which it relates is indefinitely adjourned; as, when a case is adjourned without day, it is not again to be inquired into. When the legisl

When a tenant for life holds the land without impeachment of waste, he is, of course, dispunishable for waste, whether willful or otherwise. But still this right must not be wanton

This phrase has been construed to mean "without having had issue," irrespective of whether they survive or not. 215 111. 110.

A phrase frequently used in connection with admissions, orders, etc. Its general effect is to reserve certain rights which would otherwise be indirectly or impliedly affected. See

An indorsement of a negotiable instrument, whereby the indorser relieves himself of any liability to subsequent holders. The usual form is by prefixing the words "Without recourse"

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 property is adv

Without limit. Applied to common, it is the same as common sans nombre.

THAT. In pleading. These are technical words used in a traverse (q. V.) for the purpose of denying a material fact in the preceding pleadings, whether declaration, plea, replicatio

In pleading. A technical phrase indispensable in describing a forcible entry in an indictment. No other word or circumlocution will answer the same purpose. 8 Term R. 357.

One who gives oral testimony in a judicial proceeding. If his testimony be given by deposition, he is known as a "deponent;" if by affidavit, as an "affiant." One who is present at

In a deed or other formal instrument, that part which comes after the recitals, or, where there are no recitals, after the parties. It usually commences with a reference to the agr