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Ward

Defined in 9 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Anderson (1889), Stimson (1881), Abbott (1879), Bouvier (1839)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

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. When the relation of guardian and ward ceases, the latter is entitled to have an account of the administration of his estate from the former. During the existence of this relation, the ward is under the subjection of his guardian, who stands in loco parentis. See "Guardian." A subdivision of a city to watch in the daytime, for the purpose of preventing violations of the law. It is the duty of all police oflncers and constables to keep ward in their respective districts. <•

Ballentine's Law Dictionary

James A. Ballentine · 1916

One over whom or over whose property a guardian is appointed; a municipal district; in English cities, a municipal district under the supervision of an aider-man; the service of guarding a castle.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

An infant placed by authority of law under the care of a guardian. See Guardian. lations of the law. It is the duty of all police officers and constables to keep ward in their respective districts. It now indicates a subdivision of a city.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

1. Guarding; care; charge; as, the ward of a castle; so in the phrase "watch and ward."
2. A division in the city of London committed to the special ward (guardianship) of an alderman.
3. A territorial division is adopted in most American cities by which the municipality is separated into a number of precincts or districts called "wards" for purposes of police, sanitary regulations, prevention of fires, elections, etc.
4. A corridor, room, or other division Of a prison, hospital, or asylum.
5. An infant placed by authority of law under the care of a guardian. The person over whom or over whose property a guardian is appointed is called his "ward." Civ. Code Cal. § 237.
-Ward-corn.

In old English law. The duty of keeping watch and ward, with a horn to blow upon any occasion of surprise. 1 Mon. Ang. 976.

Ward-fegh. Sax. In old records.
-Ward-fee; the value of a ward, or the money paid to the lord for his redemption from wardship. Blount.

Ward-holding. In old Scotch law. Tenure by military service; the proper feudal tenure of Scotland. Abolished by St. 20 Geo. II. c. 50. Ersk. Prin. 2, 4, 1,
—Ward in chancery.. An infant who is under the superintendence of the chancellor.

Ward-mote. In English law. A court kept in every ward in London, commonly called the "ward-mote court," or "inquest." Cowell.

Ward-penny. In old English law. Money paid to the sheriff or cas-tellaiiis, for the duty of watching and warding a castle. Spelman.

Ward-staff. In old records. A constable's or watchman's staff. Co-well.

Ward-wit. 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 finding a man to do ward. Fleta, lib. 1, c. 47, § 16.

Wardage. Money paid and contributed to watch and ward. Domesday.

Wards of admiralty. Seamen are sometimes thus designated, because, in view of their general improvidence and rashness, the admiralty courts are accustomed to scrutinize with great care their bargains and engagements, when brought before them, with a view to protecting them against imposition and overreaching.

Wardship. In military tenures, the right of the lord to have custody, as guardian, of the body and lands of the infant heir, without any account of profits, until he was twenty-one or she sixteen. In socage the guardian was accountable for profits; and he was not the lord, but the nearest relative to whom the inheritance could not descend, and the wardship ceased at fourteen. In copyholds, the lord was the guardian. but was perhaps accountable for profits. Stim. Gloss. See 2 Bl. Comm. 67.

Wardship in chivalry. An incident to the tenure of knight-service.

Wardship in copyholds. The lord is guardian of nis infant tenant by special custom.

A Law Dictionary and Glossary

George C. Kinney · 1893

A person under the care of a guardian; a division of a city, — so called because under the care of an alderman.

In English law. Ward-mote: a court held in every ward in London.

In old English law. Guard, protection; the state of being under protection or guardianship; an infant under guardianship, a place under protection of a person; a state of confinement; a place of confinement. Ward-corn: the duty of keeping ward with a horn with which to give warning. Ward-fegh, ward-feoh: ward fee; the value of a ward, or the money paid to the lord for the ward's redemption. Ward-penny, warth-penny, warpen: money paid to the lord.

In old Scots law. Ward-holding: proper feudal tenure of Scotland.

A Dictionary of Law

William C. Anderson · 1889

'* Care, charge; protectiop, defense. 1. One of the principal duties of constables is to keep " watch and ward." "Ward" or guard was chiefly applied to the day time, for apprehending rioters, and robbers on the highways. "Watch" properly referred to the night only.' In walled towns the gates were closed from sumise to sunset, and watch was to be kept in every borough and town to apprehend rogues, vagabonds, and nightwalkers, and make them give an account of themselves.' 2. A territorial division of a city. " A division in the city of London committed to the special ward, that is, guardianship, of an alderman." Also, a prison, or a division thereof. Warden. A keeper or guardian: as, the warden of a prison or penitentiary; a flshwarden; a port-warden. 3. One who is guarded. Ward of chancery or of court. A minor or lunatic under the protection of a, court of equity. More particularly, a minor under the personal care of a guardian. " While the infant is in ward." ' ' The William Bagaley, 5 Wall. 408 (1866); Gates v. Goodloe, 101 U. S. 617-18 (1879). a Coppell V. Hall, 7 Wall. 564-55 (1868). ' The William Bagaley, 5 Wall. 405-12 (1866), cases; Matthews v. Mc Stea, 91 U. S. 9-11 (1875). * N. Y. Life Ins. Co. v. Statham, 93 U. S. 32 (1876), Bradley, J. » Brown v. Hiatts, 15 Wall. 183-86 (1872), cases, Field, Justice. ' A. S. weard; to guard, keep. A person under the age of twenty-one years, and subject to the guardianship of another.! An inseparable incident to tenure in chivalry was "wardship." When a tenant died seized of a knight's fee, leaving an heir of full age, the king received of the heir a year's profits of the land, if in immediate possession, and, if in reversion expectant on a life estate, a half year's profits. This right was called "primer seisin." If the heir was a male under twenty-one, or a female under fourteen, the lord was entitled to the wardship of the heir, as " guardian in chivalry " —^ with custody of body and lands, without accounting, till the male was twenty-one and the female sixteen. "Wardship of the land," or custody of the feud, was retained by the lord that he might, out of the profits, provide a person to supply the infant's services. A consequence was, *' wardship of the body: " the lord was the most proper person to educate and maintain the infant, and qualify him for the services he was to render in maturity. At maturity he could sue delivery of the lands out of the guardian's hands; the action being called ouster le - m Ofin. Before maturity the guardian had power to dispose of hisward in matrimony — to tender a suitable match; because of the ward's tender years, and the danger of a female inter-mari^'ing with the lord's enemy. Magna Charta provided that notice of the proposed contract should be gi Ven to the next of kin.^ "Wardship in socage " differed from wardship in chivalry. The inheritance, descending to an infant under fourteen, did not belong to the lord of the fee, because no personal services were required, and no part of the profits of the land were spent in procuring a substitute. The ward's nearest relation had custody of his land and body. At fourteen, the heir could oust the guardian, require him to account for the profits, and choose another guardian. But as heirs so young made improvident choices, 12 Car. 11 (1651), c. 34, enacted that the father might by will appoint a guardian to serve till the ward attained twenty-one. The father failing in that, the court of chancery would name such guardian. ^ That statute is the original of similar legislation in this country.^ See further Guardian, 9;. Necessaries, 1. Wards of admiralty. Seamen are sometimes so called, from the fact that, by reason of their improvidence and their inability to make or enforce advantageous contracts, the courts extend them more consideration than is accorded to persons generally who are employed in serving others. ■ Courts of admiralty watch with scrupulous jealousy every deviation in shipping articles from the principles of the maritime law as to seamen's wages, as injurious to the rights of seamen, and as founded in an unconscionable inequality of benefits. Seamen as a class are 1 Darland v. The Justices, 4 Bibb, 534 (1817), Boyle, Chief Justice. ^ 2 Bl. (^om. 67-71. rash, thoughtless, and improvident. They are generally necessitous, ignorant of the nature and extent of their rights and privileges, and incapable of appreciating their value. Their credulity is easily excited, and their confidence readily sui-prised. Hence it is that bargains between them and ship-owners, the latter persons of intelligence and shrewdness, are open to scrutiny; for they involve great inequality of knowledge, of forecast, of power, and of condition. On this account courts, of admiralty are accustomed to consider seamen as peculiarly entitled to then* protection; by a somewhat bold figure they are said to be "favorites" with such courts.' Those courts, acting upon the enlarged and liberal jurisprudence of courts of equity, may hold void any stipulation in the shipping articles which derogates from the privileges of seamen, as founded upon imposition, unless the nature of the clause was fully and fairly explained, and an additional compensation is allowed, adequate to any new risk or restriction imposed upon the seamen. i

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

Guard; the service infant in guardianship. military service. don. Ward-vrit:

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

1. Originally, care; charge; guardianship; as in the expression watch and ward. 2. A ten-itorial division of cities; so called apparently because formerly each such division was under the particular charge of one alderman. The region over which an alderman had especial charge was called his ward. 3. A person placed in the personal care and charge of another, standing towards him in a quasi parental relation; particularly used of infants. See Guardian and Wakd. ■Ward of chancery, or of court. A minor, lunatic, &c., under the protection of the court of chancery or of a court of equity, is generally called a ward in chancery or a ward of couit. Wardship. The custody of a ward. A word used especially with reference to wardship in chivalry, but also applicable to any form of the ]-elation between guardian and ward. See Guardian and Ward.

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

John Bouvier · 1839

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, except for necessaries. When the relation of guardian and ward ceases, the latter is entitled to have an account of the administration of his estate from the former. During the existence of this relation, the ward is under the subjection of his guardian, who stands in loco parentis.