waive

to "abandon, renounce, or surrender"—so here, to eliminate a regulatory requirement or condition.

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 waives,— that is, leaves any goods in his flight from those who either pursue him, or are apprehended by him so to do, — he forfeits them, whether they be his own goods, or goods stolen by him." Bac. Abr. "Forfeiture" (B).

A term applied to a woman as outlaw is applied to a man. A man is an outlaw; a woman is a waive. Crabb, Tech. Diet. To abandon or forsake a right To abandon without right: as, “if the felon waives, that is, leaves any goods in his flight from* those who either pursue him, or are apprehended by him so to do, — he forfeits them, whether they be his own goods, or goods stolen by him.” Bac. Abr. Forfeiture (B).

To throw away from one; to throw aside, as a thief does the thing he has stolen, in his flight; to give up that of which one has the possession; to abandon; to relinquish voluntarily.

In old English law. To forsake; to desert; to abandon.

^ To abandon, relinquish, surrender: said of property, claims, privileges, rights. Waiver. A voluntary relinquishment of some right. 5 The intentional relinquishment of a known right.^ » A voluntary surrender and relinquishment of a right.'' Implies an election of the party to dispense with something of value, or to forego some advantage which he might at his option have demanded or insisted upon. 6 A renunciation of some rule which invalidates a contract, but which, having been introduced for the benefit of the contracting party, may be dispensed with at his pleasure. ' There must be both knowledge of the existence of the right and -an intention to relinquish it.* The waiver must be supported by an agreement founded upon a valuable consideration, or the act must be such as to estop the party from insisting on the performance of the contract or forfeiture of the condition. ^ Waiver is a voluntary relinquishment of some right which, but for such relinquishment, the party would continue to have enjoyed. Voluntary choice, and not mere negligence, is of the essence, though from negligence, unexplained, such election may be inferred. Waiver is a question of fact, to be determined from declarations and acts, or from forbearance to act.* See Knowledge, 1. also 04 Ga. 625; 7 Kan. 320; 71 Me. 164; 18 Johns. 128; 19 id. UZ; 32 Tex. 533; 39 id. 363; 46 N. H. 531; 47 N. T. 124. 1 1 Bl. Com. 296; 2 Kent, 358. ^ O. E. waiven, to set aside, remove, refuse, giveover; F. loaiver. = Stewart v. Crosby, 50 Me. 134 (1863), Davis, J. " Hoxie V. Home Ins. Co., 32 Conn. 40 (1864), Butler, J.; Shaw v. Spencer, 100 Mass. 395 (1868), Foster, J.; 143 id. 374; State v. Churchill, 48 Ark. 445 (1886), cases. » Dawson v. Shillock, 39 Minn. 391 (1882), Dickinson, J.; 33 id. 117. "Warren v. Crane, 60 Mich. 801 (1883), Cooley, J.^ State Ins. Co. v. Todd, 83 Pa. 275 (1877); 12 Tex. *103. ' Hare, Contracts, 272. 8Eipley v. JStna Ins. Co., 30 N. T. 104 (1864); Montague V. Massey, 76 Va. 314 (1882). » [Fishback v. Van Dusen & Co., 33 Minn. 117 (1885), Mitchell, J. The question was whether a vendor had Waiver of a tort. Said of the act of a person who, by treating a matter as a contract, waives his right to pursue it as a tort with the peculiar remedies, penalties and consequences belonging to it in that character, i Thus, the owner of personalty may waive a tortious conversion of it.* If property be tortiously taken or converted, the tort-feasor may be sued in trespass or trover, or the injured party may waive the tort and sue in assujnpsit — as if there had been an implied contract. The defendant cannot set up his own wrbng-doing to defeat the action, and a judgment will bar an action ex delicto.^ A parly may waive any provision of a contract, statute, or constitution intended for his benefit.^ The doctrine of waiver is especially important in connection with covenants in lessees; as to these a waiver may be actual or express, and implied, as, in the last case, from taking rent after notice to quit for covenant broken. Where no principle of public policy is concerned, a party is at liberty to waive a statutable provision intended for his benefit.* A man may not barter away his life, freedom, or substantial rights. Thus, in a criminal case, it has been. held, he cannot consent to be tried without a jury, or by a jury of eleven men.' The public has an interest in his life and liberty. Neither can be lawfully taken except as prescribed by law. That which the law makes essential in proceedings involving the deprivation of either life or liberty cannot be dispensed with or affected by the consent of the accused.^ In a civil case he may consent to an arbitration, or decision by a single judge. He may waive removal into a Federal court, in each recurring case, but, not by an agreement in advance thus to forfeit a right on every occasion. And a party cannot waive jurisdiction. ^ See ABAKDbu; Acqciescehoe; Pbivilese, 1, Personal; Protest, 2; Void.

To throw aside, flight. To renounce, ■Waiviaria, I. The ■waiving,

In modern law, to abandon, relinquish, or surrender a claim, privilege, or right. Waiver: abandonment, relinquishment, or surrender of a claim, privilege, or right. Waived: abandoned; relinquished; surrendered. To waive, in the general signification, is to forsake; but is specially applied to a woman, who for any crime for which a man may be outlawed, is termed waived. (Reg. Orig. 132.) Waiver is the passing by of a thing, or a declining or refusal to accept it. Sometimes it is applied to an estate or sometliing conveyed to a man, and sometimes to a plea. Jamb. The doctrine of waiver is chiefly valuable in connection with covenants in leases; and in this use of it waiver is commonly said to be of two sorts; namely, implied waiver and actual waiver. With reference to the first kind of waiver, a receipt of rent by a landlord, after notice of a breach of covenant committed by his tenant prior to the rent becoming due, was an implied waiver of his right of entry for that particular breach; and with reference to the second kind of waiver, if a landlord, in express terms, waived his right of re-entry on the ground of the breach for that once, he was considered in law to have waived it also for all subsequent breaches of the same covenant; but by the Stat. 22 & 23 Vict. ch. 36, § 6, the effect of an actual waiver is now reduced in this respect to that of an implied, which is the most ordinary kind of waiver. Brown,