WATERCOURSE Watercourse. A river, stream or natural body of flowing water. Water craft. A vessel designed or used for navigation. See 107 Mich. 74, 61 Am. St. Rep. 314, 64 N. W. 951, holding the term not to include à dredge. Water ordeal. Whereby if the suspect sank in a pool of water into which he was cast, he was acquitted, but if he floated without swimming, he was deemed guilty. See, also, Hot-water ordeal. Water rate. A tax for water sup- Water right. The legal right to the within the U. S. which are navi- Waterscape. An aqueduct. Waveson. Goods which have floated from a wreck. Way. The right of one man to pass over the land of another in some particular line. See 100 Am. Dec. 115, note. Way by dedication. A way created by the gift of the owner and an acceptance by the public authorities. See 128 Mass. 63. Way by prescription. WEARING: Way in gross. One which is not attached to a dominant estate. See 226 Ill. 590, 117 Am. St. Rep. 261, 11 L. R. A. (N. S.) 457, 80 N. E. 1071. Way of necessity. An easement founded on a grant; a right of way over the grantor's land in favor of the grantee implied by law when a grantor sells land entirely surrounded by his own, or partly by his own and partly by that of a stranger, so that the grantee can have no access to it except over the grantor's or the stranger's land. See 35 Am. Dec. 464, note. Way reserved. A way newly cre- Way-bill. A written list of the pas- carriage the product of a mine or quarry over another's land. Waynagium. Wainage, which see. Waywardens. Road supervisors. Weald. A wood. Wealreaf. Larceny from a buried corpse. Weapon. An instrument of offensive or defensive combat; something to fight with. See 81 Wis. 239, 29 Am. St. Rep. 891, 51 N. W. 437. Wear. One estab lished by adverse, continuous and public use for 20 years or more. See 108 Cal. 589, 41 Pac. 448. Way ex vi termini. A right of passing in a particular line. See 22 Mass. 485, 16 Am. Dec. 415. Same as Weir. Wear and tear. In a lease, means any injury arising without the fault of the tenant. See 13 Ann. Cas. 96, note. Wearing apparel. In exemption statutes, means garments or cloth WEDLOCK ing generally designed for wear of the debtor and his family. See 15 Ann. Cas. 159, note. Generally, clothing protecting the person from exposure. See 103 Iowa, 695, 64 Am. St. Rep. 202, 38 L. R. A. 847, 72 N. W. 773. Wedlock. Matrimony. Weighage. Duty or toll imposed for weighing merchandise. See 34 N. J. L. 172, citing Bouv. L. Dict. Weight of evidence. Its effect in inducing belief. See 179 Pa. 47, 36 Atl. 155. Weights of auncel, See Auncel weight. Weir. A dam across a river. See 6 N. J. L. 1, 10 Am. Dec. 356. Well and truly. In a bond, the words include both honesty and reasonable skill and diligence. See 1 Pet (U. S.) 46, 7 L. Ed. 47. Welsh mortgage. A mortgage where under the mortgagee enters and takes the rents instead of interest, has no action for the recovery of the principal, but reconveys when it is paid. See 2 Woodb. & M. 426, 3 Fed. Cas. (U. S.) 244. Wera, or Were. The price of a man; the price to be paid the relatives of a decedent for killing him. Weregild, or Wergild. The sum or price paid for killing a man, part of which went to the king and part to the near relatives. See 4 Bl. Comm. 188, 313, 413. Westminster. A London suburb where the courts were once held. Westminster the second. The Statute de donis. See De donis. Westminster the third. The Statute of Quia emptores. See Quia emptores. Wether. A castrated ram. WHOLESALE Wharf. A structure adjacent to navigable water of sufficient depth to float vessels, affording convenient accommodation for the loading and unloading of vessels. See 93 N. Y. 129. Wharfage. A rent or charge for the use of a wharf. See 107 U. S. 691, 27 L. Ed. 584, 2 Sup. Ct. Rep. 732. Wharfinger. One who keeps a wharf for receiving goods for hire. See 32 Pa. 111, 72 Am. Dec. 775. Wheel. An instrument of punishment upon which the victim was put to death by tearing his limbs apart. Whipping-post. A post to which WHOM Whom it may concern. See On account of whom it may concern. Whore. A woman who has unlawful sexual intercourse vith men, usually one who does so for hire. See 43 Iowa, 183, 22 Am. Rep. 236. Whorehouse. A bawdy-house; a house of ill fame. See 36 Barb. (N. Y.) 438. Wick. A town; a village; a castle. Widow. A woman who has lost her husband by death and has not remarried. See 13 Misc. Rep. (N. Y.) 480, 35 N. Y. Supp. 481. See, also, King's widow. Widow-bench. A widow's share in her deceased husband's estate, exclusive of any jointure. Widower. A man who has lost his wife by death and has not remarried. Widow's chamber. A widow's clothing and bed chamber furnishings, which the custom of London gave her. See 2 Bl. Comm. 518. Widow's quarantine. See Quarantine. Widow's terce. Dower. Widow's third. Same as Dower. Wifa. A notice indicating that the land upon which it is posted is in the exclusive possession of the occupant. Wife. One who was united by marriage with a husband and continues to be so united. See 20 Ind. App. 168, 50 N. E. 401. Wife-beating. An ancient privilege of a husband, no longer indulged. See 46 Ala. 143. Wife's equity. See Equity to a settlement. Wild animals. Animals wild by nature. See 14 Wend. (N. Y.) 42. Wild land. Land in its natural state. WINDOW Wild train. One running off schedule. See 43 Minn. 423, 45 N. W. 722. 54 Wild-cat engine. A locomotive runSee ning unattended. Hun (N. Y.), 625, 8 N. Y. Supp. 107. Wild's Case. Held: A devise by A to B and his children or issue, if B had no issue at the time of the devise, created an estate-tail, but if he had, B and his children took joint estates for life. See 6 Coke, 16b. Will. Any instrument, executed with the formalities required by law, whereby one makes a disposition of his property to take effect after his death. See 167. Ind. 101, 119 Am. St. Rep. 475, 77 N. E. 805. Will, Estate at. See Estate at will, Willful. Ordinarily means inten tional as distinguished from accidental or involuntary, but in penal statutes it means with evil intent or legal malice, or without reasonable ground to believe the act lawful. See 55 Tex. Cr. 164, 131 Am. St. Rep. 809, 115 S. W. 597. Willful injury. One accompanied by a design, purpose, and intent to do wrong and inflict the injury. See 114 Ala. 492, 62 Am. St. Rep. 116, 22 South. 279. William I. King of England, 10661087. William II. King of England, 1087– 1100. William III. King of England, 1689– 1702. William the Conqueror. William I, which see.. Wills, Statute of. See Statute of wills. Winding up. The dissolution of a corporation or partnership. Window tax. An English tax on windows. WORKHOUSE Witness. One with sufficient knowledge of a matter to testify in regard to it. See 13 Misc. Rep. (N. Y.) 298, 34 N. Y. Supp. 1120. Wolf's head. An outlaw. Woman suffrage. The right of women to vote at elections. See 148 Ind. 38, 62 Am. St. Rep. 487, 37 L. R. A. 644, 46 N. E. 339. Wood-corn. Corn paid for the liberty of picking up wood. Wood-geld. A payment for taking wood from a forest. Wood-street compter. An old London prison. Words of art. Technical terms. Words of limitation. Such words as mark or limit the period which is to determine an estate. See 109 Ind. 506, 9 N. E. 582. See, also, Rule in Shelley's Case. Words of procreation. Words essen tial to the creation of an estatetail, as an estate to A "and the heirs of his body." Words of purchase. Such words as give an estate originally to the heirs and not through the inheritance of, or by descent from, the ancestor. See 6 Rand. (Va.) 73. See, also, Rule in Shelley's Case. Wool-sack. The lord chancellor's seat in the house of lords. Work. Effort directed to an end. See 204 Mass. 18, 134 Am. St. Rep. 645, 25 L. R. A. (N. S.) 957, 90 N. E. 394. Work of necessity. All work that is indispensable to be done on Sunday in order to secure attainment of whatever is more important to the community than its day of rest, as feeding the hungry, nursing the sick, burying the dead. 119 Ind. 379, 12 Am. St. Rep. 419, 21 N. E. 1082. Workhouse. A place where paupers and convicts are confined at work. WORKMANLIKE Workmanlike manner. In the customary way in the particular locality. See 102 Wis. 450, 78 N. W. 562. Workshop. See Officina justitiae. Worldly goods. Personal property. See 78 Mo. 212, 47 Am. Rep. 107. Worship. See Religious worship. Wound. Any injury breaking or cutting the skin. See 12 Ann. Cas. 183, note. Wreck. A ship when, in consequence of injuries received, she is rendered absolutely unnavigable, or unable to pursue her voyage, without repairs exceeding half her value. See 6 Mass.. 479, 4 Am. Dec. 163. Writ. Process in a civil action, a warrant in a criminal one. See 23 Conn. 238. See, also, Process; Warrant. See, also, many different sorts of writs beginning with the prefix De, following De admensuratione donis. Writ de communicato capiendo. An English chancery writ to aid in carrying out a sentence of excommunication. See 18 Vt. 511. Writ of assistance. A summary proceeding the object of which is to put a person who purchases at judicial sale into possession of the premises. See 50 Am. Dec. 152. Writ of assize. A writ calculated to try the mere possessory title to an estate in real property. See 11 N. J. L. 262. Writ of attachment. See Attachment. Writ of audita querela. See Audita querela. Writ of certiorari. See Certiorari. Writ of consultation. A writ by which a cause which had been removed to the king's court was sent back to the ecclesiastical court. WRIT Writ of covenant. A writ to recover damages for breach of a covenant. Writ of debt. A writ against one who owed the plaintiff a certain sum of money by obligation or by bargain for a thing sold, or by contract. See 1 Add. (Pa.) 58. Writ of deceit. A writ against one who acted in another's name and deceived and injured him. Writ of delivery. A writ to enforce the delivery of chattels under a judgment. Writ of detinue. The writ in an action of detinue. See Detinue. Writ of dower. See Dower unde nihil habet. Writ of ejectment. The writ in an action of ejectment. See Ejectment. Writ of entry. A real action to re gain possession of land for a tenant who has been wrongfully dispossessed. Writ of entry, ad terminum qui praeteriit. A writ for an owner who admitted a tenant to have. gained a tortious freehold. See 3 Bl. Comm. 175. Law Dict.-34 529 |