Page:Black's Law Dictionary (Second Edition).djvu/1223

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W.
1215
WAIN—BOTE

W

W. As an abbreviation, this letter frequently stands for "William," (king of England,) "Westminster," "west," or "western."

W. D. An abbreviation for "Western District."

WACREOUR. L. Fr. A vagabond, or vagrant. Britt. c. 29.

WADSET. In Scotch law. The old term for a mortgage. A right by which lands or other heritable subjects are impignorated by the proprietor to his creditor in security of his debt. Wadsets are usually drawn in the form of mutual contracts, in which one party sells the land, and the other grants the right of reversion. Ersk. Inst. 2. 8, 3.

WADSETTER. In Scotch law. A creditor to whom a wadset is made, corresponding to a mortgagee.

WAFTORS. Conductors of vessels at sea. Cowell.

WAGA. In old English law. A weigh; a measure of cheese. salt, wool, etc., containing two hundred and fifty-six pounds avoirdupois. Cowell; Spelman.

WAGE. In old English practice To give security for the performance of a thing. Cowell.

WAGER. A wager is I]. contract by which two or more parties agree that a certain sum of money or other thing shall he paid or de iivered to one or them on the happening of an uncertain event or upon the ascertainment of a fact which is in dispute between them. Trust 00. v. Goodrich, 75 Iii. 500: Jordan v. Kent, 44 How. Prac. (N. Y.) 207; Wiiiward v. Lincoln, 23 R. I. 476, 51 Atl. 106, 64 L. R. A. 100; Edson v. 1‘awlet, 22 Vt. 293; Woodcock v. McQueen, 11 Ind. 15.

A contract in which the parties stlpniate that tbey shall gain or lose upon the happening of an uncertain event in which they have no interest, except that arising from the possibility of such gain or loss. Fareira v. Gabeli. 89 Pa. 90; Kitchen v. Loudenhack. 48 Ohio St. 177. 26 N. E. 979, 29 Am. St Rep. 540. See, also, Bar.

—Wa.ger of linttel. The trlai by wager of battel was a species of trial introduced into Enzland, among other Norman customs, by Wiiiiam the Conqueror, in which the person accused fought with his accuser. under the apprehension that Heaven wouid give the victory to him who was in the right. 3 Bi. 00mm. 337. It was abolished by St. 59 Geo. III. e. 46.— Wager of low. In old practice. The giving of gaps or surcties by a defendant in an action of debt that at‘ 11 certain dav assigned he wouid make his law; that is, would take an oath in open court that he did not owe the debt, and at

the_ same time bring with him eleven neighbors, (caiied "compurgators.") who should avow upon th_ r oaths that they heiieved in their consciences that be said the truth. Gianv. lib. 1, c. 9. 12; Bract. fol. 15|Jh; Britt. c. 3.7: 2 Bi. Comm. 343; Cro. Eliz. 818.—Wager policy. See Poucy or INsusANcn.—Wagermg contract. One in which the parties stipuiate tbat they shall gain or lose, upon the happening of an uncertain event, in whic ey have no interest except that on g from the possibiiily of such gain or ioss. sreira v. Gabeli, $9 Pa.


WAGES. The coiapensation agreed upon by a master to be paid to a servant, or any other person hired to do work or business for him.

In maritime law. The compensation allowed to seamen for their ser\.iL-es on board a vessel during a voyage.

In political economy. The reward paid. whether in money or goods, to human exertion, considered as a factor in the production of wealth, for its co-operation in the process.

"Three factors contribute to the production of comino(lities,~nature. labor, and capital. Each must have a share of the product as its reu ard, and this share. it it is just. must be proportionate tn the several contributions. The share of the natural agents is rent: the share of iahcr, -wages; the share of capital. interest. The (-ieiis receives a salary; the lawyer and doctor, fees: the manufacturer, profits. Saiary, tees, and profits are so many forms of wages for services rendered." De Liiveieye. Pol. Econ.

—Wage sax-net. One who earns his living by labor of a menial or mechanical kind or performed in a subordinate capacity, such as do- mestic servants, m(-chanics, farm hands, clerks. ‘garters, and messengers. In the U ‘ted States

ankraptcy act of 1898, an ind nai who works for wages. sainry, or hire, at a compensation not exceeding $1,500 per year. See In re Piiger (D. 0.] 118 Fed. BOG: In re Gnrewitz, 121 Fed. 932, $ 0. G. A. 320.


WAGON. A common vehicle for the transportation of goods, wares, and merchandise of all descriptions. The term does not include a haclmey-coach. Quigiey v. Gorhaai, 5 Cal. 418, 63 Am. Dec. 139.

—Wagonago. Money paid for carriage in a wagon. WAIF. Walfs are goods found, but claim-

ed by nohody; that of which every one uaires the claim. Also, goods stoicn and waived, or thrown away by the thief in his flight, for fear of being apprehended. Whar- hon.

Waits are to be distinguished from bmui. fugimva, nhich are the goods of the felon himself, which he abandons in his flight from justice Brown. See People v. Kaatz, 3 Parker, Cr. R. (N. Y.) 138; I-laii v. Gildereieeve, 36 N. J. Law, 237.

WAIN-BOT!-1. In feudal and old English law. Timber for wagons or carts.