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WATERCOURSE

WEARING

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 sus

pect 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

ply. See 111 N. C. 615, 20 L. R.

A. 743, 16 S. E. 857. Water right. The legal right to the

use of water. See 5 Cal. 445, 63 Am. Dec. 140. See, also, Accrued

water rights. Watered stock. Corporate stock not

fully paid up, but purporting to

be. See 71 Ark. 379, 74 S. W. 518. Waters of the United States. Waters

within the U. S. which are navigable for commercial purposes. See 1 Brown Adm. 193, 6 Fed.

Cas. (U. S.) 1161. 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 authori

ties. See 128 Mass. 63. Way by prescription. 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 pass

ing in a particular line. See 22 Mass. 485, 16 Am. Dec. 415.

Way in gross. One which is not at

tached 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

ated by a reservation by the grantor. See 42 Minn. 398, 54 N. W.

958. Way-bill. A written list of the pas

sengers or freight carried. Way-going crop. A crop sown by

the tenant before but maturing after the end of his term. See

5 Binn. (Pa.) 285, 6 Am. Dec. 411. Wayleave. A right of way for the

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 offen

sive or defensive combat; something to fight with. See 81 Wis. 239, 29 Am. St. Rep. 891, 51 N. W.

437. Wear. 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

WHOLESALE

ing generally designed for wear' Wharf. A structure adjacent to of the debtor and his family. See navigable water of sufficient depth 15 Ann. Cas. 159, note. Gener- to float vessels, affording conveally, clothing protecting the per nient accommodation for the loadson from exposure. See 103 Iowa, ing and unloading of vessels. See 695, 64 Am. St. Rep. 202, 38 L. R. 93 N. Y. 129. A. 847, 72 N. W. 773.

Wharfage. A rent or charge for Wedlock. Matrimony.

the use of a wharf. See 107 U. Weighage. Duty or toll imposed

S. 691, 27 L. Ed. 584, 2 Sup. Ct. for weighing merchandise. See 34 Rep. 732.

N. J. L. 172, citing Bouv. L. Dict. Wharfinger. One who keeps a wharf Weight of evidence. Its effect in for receiving goods for hire. See inducing belief. See 179 Pa. 47,

32 Pa. 111, 72 Am. Dec. 775. 36 Atl. 155.

Wheel. An instrument of punishWeights of auncel. See Auncel

ment upon which the victim was weight.

put to death by tearing his limbs Weir. A dam across a river. See

apart. 6. N. J. L. 1, 10 Am. Dec. 356.

Whipping-post. A post to which Well and truly. In a bond, the

offenders were tied and then

whipped. words include both honesty and reasonable skill and diligence.

Whisky. A spirit distilled from See 1 Pet (U. S.) 46, 7 L. Ed. 47.

grain. Welsh mortgage. A mortgage where

Whisky Ring. A conspiracy formed under the mortgagee enters and

in 1872 between U. S. revenue of. takes the rents instead of inter

ficers and distillers to defraud the est, has no action for the recovery

government of internal revenue. of the principal, but reconveys

Whiteacre. A name for a supposi. when it is paid. See 2 Woodb. & titious parcel of land. M. 426, 3 Fed. Cas. (U. S.) 244. White bonnet. A by-bidder. See

Wore Wera, or Were. The price of a the price of a

By-bidding. man; the price to be paid the White farm. Rent payable in silrelatives of a decedent for killing ver. him.

White meats. Milk, eggs or any Weregild, or Wergild. The sum or product thereof.

price paid for killing a man, part White person. One of the Caucasof which went to the king and

ian race. See 4 Cal. 399. part to the near relatives. See

White rent. Rent payable in silver, 4 Bl. Comm. 188, 313, 413.

Whole blood. That of children who Westminster. A London suburb

have both of their parents in comwhere the courts were once held.

mon. Cf. Half blood. Westminster the second. The Stat

Whole truth. So much of the truth ute de donis. See De donis.

as may be competent evidence. Westminster the third. The Statute

See 1 Leg. Gaz. R. 182. of Quia emptores. See Quia emp

Wholesale. Implies the selling in or tores.

by unbroken parcels, as by the Wether. A castrated ram.

barrel, pipe or cask. See 2 Wis. Whaler. A whaling ship.

237.

WHOM

WINDOW

16b.

Whom it may concern. See On ac. Wild train. One running off schedcount of whom it may concern.

ule. See 43 Minn. 423, 45 N. W.

722. Whore. A woman who has unlaw.

ful sexual intercourse vith men, Wild-cat engine. A locomotive run. usually one who does so for hire.' ning unattended. See 54 Hun

See 43 Iowa, 183, 22 Am. Rep. 236. (N. Y.), 625, 8 N. Y. Supp. 107. Whorehouse. A bawdy-house; a

Wild's Case. Held: A devise by A house of ill fame. See 36 Barb.

to B and his children or issue, if

B had no issue at the time of the (N. Y.) 438.

devise, created an estate-tail, but Wick. A town; a village; a castle. if he had, B and his children took Widow. A woman who has lost her

joint estates for life. See 6 Coke, husband by death and has not remarried. See 13 Misc. Rep. (N. Will. Any instrument, executed Y.) 480, 35 N. Y. Supp. 481. See, with the formalities required by also, King's widow.

law, whereby one makes a disWidow-bench. A widow's share in

position of his property to take

effect after his death. See 167 her deceased husband's estate, ex.

Ind. 101, 119 Am. St. Rep. 475, 77 clusive of any jointure.

N. E. 805. Widower. A man who has lost his Will, Estate at. See Estate at will, wife by death and has not remar

Willful. Ordinarily means intenried.

tional as distinguished from acci. Widow's chamber. A widow's cloth

dental or involuntary, but in penal ing and bed chamber furnishings, statutes it means with evil intent which the custom of London gave

or legal malice, or without reason. her. See 2 Bl. Comm. 518.

able ground to believe the act lawWidow's quarantine. See Quaran ful. See 55 Tex. Cr. 164, 131 Am. tine.

St. Rep. 809, 115 S. W. 597. Widow's terce. Dower.

Wilful injury. One accompanied Widow's third. Same as Dower.

by a design, purpose, and intent Wifa. A notice indicating that the

to do wrong and inflict the injury, land upon which it is posted is in

See 114 Ala. 492, 62 Am. St. Rep. the exclusive possession of the oc

116, 22 South. 279. cupant.

William I. King of England, 1066Wife. One who was united by mar

1087. riage with a husband and con William II. King of England, 1087– tinues to be so united. See 20 1100.

Ind. App. 168, 50 N. E. 401. William III. King of England, 1689– Wife-beating. An ancient privilege

1702. of a husband, no longer indulged. William the Conqueror. William I, See 46 Ala. 143.

which see. Wife's equity. See Equity to a set Wills, Statute of. See Statute of tlement.

wills. Wild animals. Animals wild by Winding up. The dissolution of a

nature. See 14 Wend. (N. Y.) 42. corporation or partnership. Wild land. Land in its natural Window tax. An English taxon state.

windows.

WISBY

WORKHOUSE

Wisby, Laws of. A 14th century Witness. One with sufficient knowlmaritime code.

edge of a matter to testify in reWista. Half a hide of land. See

gard to it. See 13 Misc. Rep. Hide.

(N. Y.) 298, 34 N. Y. Supp. 1120.

Wolf's head. An outlaw. Wit. To know. See To wit; Vide

Woman suffrage. The right of licet.

women to vote at elections. See Witchcraft Communication with 148 Ind. 38, 62 Am. St. Rep. 487, evil spirits.

37 L. R. A. 644, 46 N. E. 339. Witenagemote. An ancient assembly Wood-corn. Corn paid for the lib

of the Saxon witans, great and .. erty of picking up wood. wise men, to aid and advise the Wood-geld. A payment for taking king.

wood from a forest. With child. Pregnant.

Wood-street compter. An old Lon

don prison. With force and arms. See Vi et armis.

Words of art. Technical terms. With interest. Bearing interest at

Words of limitation. Such words

as mark or limit the period which the statutory rate. See 95 N. Y.

is to determine an estate. See 428, 47 Am. Rep. 64.

109 Ind. 506, 9 N. . E. 582. See, With strong hand. With force.

also, Rule in Shelley's Case. Withdrawing record. The plain. Words of procreation. Words essen

tiff's withdrawal of the trial rec tial to the creation of an estate

ord, before trial, to prevent trial. tail, as an estate to A “and the Withernam. See In withernam.

heirs of his body.” Without day. Without naming a

Words of purchase. Such words as special day.

· give an estate originally to the Without due process of law. See

heirs and not through the inheriDue process of law.

tance of, or by descent from, the

ancestor. See 6 Rand. (Va.) 73. Without grace. See Days of grace.

See, also, Rule in Shelley's Case. Without impeachment of waste. See Wool-sack. The lord chancellor's Absque impetitione vasti.

seat in the house of lords. Without prejudice. Without the loss

Work. Effort directed to an end. or relinquishment of any right or

See 204 Mass. 18, 134 Am. St. Rep. remedy; without waiver; without

645, 25 L. R. A. (N. S.) 957, 90 liability for contempt upon the

N. E. 394. renewal of a denied motion or ap

Work of necessity. All work that plication. See 170 N. Y. 278, 63

is indispensable to be done on N. E. 350; 9 Mont. 399, 24 Pac.

Sunday in order to secure attain22.

ment of whatever is more imporWithout protest. See Waiver of

tant to the community than its protest.

day of rest, as feeding the hungry, Without recourse. See Indorsement

nursing the sick, burying the dead. without recourse.

119 Ind. 379, 12 Am. St. Rep. 419, Without stint. Without any limit 21 N. E. 1082. or restriction.

Workhouse. A place where paupers Without this, that. See Absque hoc. and convicts are confined at work,

WORKMANLIKE :

WRIT

562.

Workmanlike manner. In the cus Writ of covenant. A writ to re

tomary way in the particular lo cover damages for breach of a cality. See 102 Wis. 450, 78 N. W. covenant.

Writ of debt. A writ against one Workshop. See Officina justitiae. who owed the plaintiff a certain Worldly goods. Personal property. sum of money by obligation or by

See 78 Mo. 212, 47 Am. Rep. 107. bargain for a thing sold, or by Worship. See Religious worship. contract. See 1 Add. (Pa.) 58. Wound. Any injury breaking or Writ of deceit. A writ against one

cutting the skin. See · 12 Ann. who acted in another's name and Cas. 183, note.

deceived and injured him. Wreck. A ship when, in conse. Writ of delivery. A writ to enforce

quence of injuries received, she is the delivery of chattels under a rendered absolutely unnavigable, judgment. or unable to pursue her voyage, Writ of detinue. The writ in an acwithout repairs exceeding half her tion of detinue. See Detinue. value. See 6 Mass. 479, 4 Am.

Writ of dower. See Dower unde Dec. 163.

nihil habet. Writ. Process in a civil action, a Writ of eiectment. The writ in an warrant in a criminal one. See

action of ejectment. See Eject23 Conn. 238. See, also, Process;

ment. Warrant. See, also, many differ

Writ of entry. A real action to reent sorts of writs beginning with

gain possession of land for a tenthe prefix De, following De ad

ant who has been wrongfully dismensuratione donis.

possessed. Writ de communicato capiendo. An

Writ of entry, ad terminum qui English chancery writ to aid in

praeteriit. A writ for an owner carrying out a sentence of excom

who admitted a tenant to have• munication. See 18 Vt. 511.

gained a tortious freehold. See 3 Writ of assistance. A summary pro

Bl. Comm. 175. ceeding the object of which is to

Writ of error. See Error. put a person who purchases at judicial sale into possession of the

Writ of execution. See Execution, premises. See 50 Am. Dec. 152. Writ of extent. See Extent. Writ of assize. A writ calculated to Writ of false judgment. See False

try the mere possessory title to an judgment. estate in real property. See 11 Writ of formedon. See Formedon. N. J. L. 262.

Writ of garnishment. See GarnishWrit of attachment. See Attach ment. ment.

Writ of habeas corpus. See Habeas Writ of audita querela. See Audita corpus. querela,

Writ of injunction. See Injunction. Writ of certiorari. See Certiorari.

Writ of inquiry. A writ issued after Writ of consultation. A writ by a defendant's default directing the

which a cause which had been re sheriff to inquire by a jury of 12 moved to the king's court was men into the amount of the damsent back to the ecclesiastical ages and make return.' See 57 court.

Conn. 583, 19 Atl. 334.
Law Dict.34

529

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