VOLUNTARY

Voluntary deposit. One made with the mutual consent of the parties. Voluntary discontinuance. A dismissal of his action by the plaintiff.

Voluntary domicile. One which a person voluntarily acquires. Voluntary manslaughter. Intentional homicide without malice. See 96 Ga. 653, 23 S. E. 827. Voluntary nonsuit.

A throwing up of his case by a plaintiff and his consent to a judgment against him for costs. See 86 Tex. 682, 26 S. E. 933.

Voluntary payment. One made on a just or unjust demand, with full knowledge of the facts and without fraud or duress. See 54 Am. Dec. 719, note.

Voluntary stranding. The stranding

of his ship by the master to save ship and cargo from the greater expense which her sinking then imminent would cause. See 79 U. S. 102, 20 L. Ed. 281.

Voluntary transfer. Same as Vol

untary assignment.

Voluntary trust. A gift requiring all of the essentials of a plain gift to sustain it. See 88 Me. 122, 51 Am. St. Rep. 382, 32 L. R. A. 377, 33 Atl. 836.

Voluntary validity. A tacit or implied consent to continue in force a compact which one of the parties has breached. Voluntas. Will; intent. Voluntas donatoris in charta doni sui manifeste expressa observetur. The will of the donor clearly expressed in a deed of gift should be observed.

Voluntas et propositum distinguunt maleficia. The intent and the proposed act distinguish offenses.

intent is taken for the act. See 4 Mass. 439.

Voluntas testatoris ambulatoria est usque ad mortem. The will of a testator is changeable until his death.

Voluntas testatoris habet interpretationem latam et benignam. The intention of a testator should have a broad and liberal interpretation.

Voluntas ultima testatoris est perimplenda secundum veram intentionem suam. The last will of a testator should be fulfilled according to his true intention. Volunteer. One who makes a voluntary payment. See Voluntary payment. One who voluntarily assists, with no employment, express or implied. See 84 Ga. 320, 20 Am. St. Rep. 362, 10 S. E. 922. Vote. A ballot; an expression in the proper manner of the will of the voter at an election.

Voter. One who votes; one possessing all qualifications entitling him to vote. See 156 Ind. 104, 51 L. R. A. 722, 59 N. E. 359. Voting precinct. See Precinct. Vouch. To testify to having signed an instrument as an attesting witness. See 1 Root (Conn.), 224. To request a warrantor to defend the title.

Vouchee. One called upon to defend the title under a warranty. Voucher. A receipt or other written evidence of disbursement or

WADIA

WANTON

A

Wager of law. A kind of trial wherein the defendant having given pledges that he would appear, made oath and was supported therein by his compurgators. See Compurgation. Wager of law of nonsummons. form of plea in a real action. Wager policy. An insurance policy on a risk wherein the insured has no insurable interest. See 66 Mo. 63, 27 Am. Rep. 321. Wagering contract. Same as Wager. Wages. Usually restricted to sums paid as hire to those employed in manual occupations. See 239 Ill. 352, 130 Am. St. Rep. 234, 28 L. R. A. (N. S.) 1108, 88 N. E. 152. Waif. An article abandoned by a thief in flight. See 36 N. J. L. 235.

Wainable. Tillable.

Wainage. Carts, wagons and tools

of husbandry.

Wain-bote. Timber to be used for the repair of wagons and carts. Waive. To relinquish voluntarily. See 90 Cal. 393, 27 Pac. 302. Waiver. An intentional relinquishment of a known right. See 66 Conn. 227, 50 Am. St. Rep. 80, 33 Atl. 902.

Waiver by election. A

defense which arises when the remedies are inconsistent and when a party has waived one of them by a decisive act of affirmance or disaffirmance. See 155 U. S. 13, 39 L. Ed. 53, 15 Sup. Ct. Rep. 4. Waiver of exemption. A relinquishment of one's right to assert the exemption of certain property from execution. See 90 Me. 36, 60 Am. St. Rep. 238, 37 Atl. 325. Waiver of protest. An indorser's act dispensing with a demand of the maker and notice of nonpayment to the indorser. See 1 N. Y. 186.

Waiver of tort. The relinquishment of his right to sue in tort by electing to sue in contract, by a plaintiff who has such election, e. g., suing in assumpsit for conversion of goods.

Wallia. A wall; a seawall.
Wampum.

The bead money of the North American Indians. Want of consideration. Absence of any consideration for a promise or an act.

Want of issue. Failure of issue; childlessness.

Want of ordinary care. See Ordinary care.

Want of probable cause. Absence thereof. See Probable cause. Want of prosecution. Failure or neglect to pursue an action or proceeding.

Wantage. Same as Ullage.

WANTON

Wanton negligence. An act or omission by one conscious of his conduct, and, though having no intent to injure, conscious, from his knowledge of surrounding circumstances, that his conduct will naturally or probably result in injury. See 114 Ala. 492, 62 Am. St. Rep. 116, 22 South. 279. Wantonly. With a willful, wicked purpose. See 97 N. C. 465, 2 S. E. 445.

Wapentake. A district in the north

eastern counties of England corresponding to a hundred. See Hundred.

War. The exercise of force by bodies politic against each other for the purpose of coercion. See 46 Tenn. 368, 98 Am, Dec. 454. Warantia. Warranty, which see. Warantus. A warrantor. Ward. One over whom whose property a guardian is appointed; a municipal district; in English cities, a municipal district under the supervision of an alderman; the service of guarding a castle.

or

over

WARRANT

profits and ceased to be guardian when the ward was 14. See 2 Bl. Comm. 67, 71, 97.

Wardship in chivalry. The lord's right of wardship in knight-service or military tenure. See Wardship.

Wardship in copyhold. In copyhold

tenure the lord was guardian of infant heirs. See 2 Bl. Comm. 67. Ward-wit. Exemption or immunity from service of ward. See Ward. Warectare. To plow land with the intention of allowing it to lie fallow.

Warehouse.

A building or place for the storage of goods. See 25 Or. 178, 35 Pac. 32. Warehouse receipt. A written contract between the owner of goods and a warehouseman whereby the latter is to store the goods and the former is to pay for the service. See 29 Wis. 482, 9 Am. Rep. 603.. Warehouseman. One who, for hire, receives goods for storage, and whose duty is that of custody rather than carriage. See 24 Am. Dec. 145, note.

Warehouseman's lien. His right to retain possession of another's goods, stored with him, until the satisfaction of some charge imposed upon them. See 42 Am. Dec. 257.

Warenna. A warren.

Warentare. To warrant.

Warning. Notice. See 29 Mass. 206.

Warrandice. Warranty.

Warrant. An order authorizing a payment by another person to a third person. See 2 Kan. 115. To defend; to guarantee; to enter into an obligation of warranty. See Warrant of arrest; Warrant