Page:Black's Law Dictionary (Second Edition).djvu/1224

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WAINABLE 1

WAINABLE. In old records. That may he plowed or mannred; tlllable. Cowell; Blount.

WAINAGE. In old English law. The team and instruments of husbandry belonging to a countryman, and especially to :1 vii- lein who was required to perform agricul- tural services.

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WAINAGIUM. What is necessary to the farmer for me cultivation of his land. Barring. Ob. St. 12.

WAITING CLERKS. Officers Whose duty it formerly was to wait in attendance upon the court of chancery. The office was aiiollshed in 18-L2 by St. 5 & 6 Vict. c. 103. Mozley & Whitley.

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WAIVE, 11. To abandon or throw away; as when a thief, in his flight, throws aside the stolen goods. in order to facilitate his escape, he is technically said to waive theni.

In modern law, to renounce, repudiate, or surrender a claim, a privilege, a rlght, or the opportunity to take advantage of some defect, irregularity, or wrong.

A peison is said to waive a benefit when he renounces or dlsclalms it, and he ls said to waive a tort or injury when he abandons the remedy which the law gives him for it. Sncet.

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WAIVE, n. A woman outlawed. The term is, as it were, the feminine of “outlaw,” the latter belng always applied to a man; "waive," to a woman. Cowell.

WAIVER. The renunciation, repudiation, abandonment, or surrender of some claim, right, privilege, or of the opportunity to take advantage of some defect, irregularity, or Wrong,

The passing by of an occasion to enforce a legal "right, whereby the right to enforce the same is lost: a common instance of this is where a landlord waives a forfeiture of a lease by receiving rent, or distraining for

w rent, which has accrued due after the -breach

of covenant causing the forfeiture became known to him. Wharton.

This word is commonly used to denote the declining to take advantage of an irregularity in legal proceedings, or of a forfeiture icnurred through breach of covenants in a lease. A gift of goods may be waived by n dlsagreement to accept; so a plaintiff may commonly sue in contract waiving the tort. Brown. See Beunccke v. Insur.ince Co., 105 U. S. 355. 26 L. Ed. 990; Christensen v. Carleton, 69 Vt. 91. 37 At]. 2126; Shaw v. Spencer, 100 Mass. 395, 97 Am. Dec. 107, I Ann. Rep. 115; Star Brewery Co. v. Primas, 163 IH. 652. 45 N. E. 145; Reid v. Field, 83 Va. 26. 1 S. E. 395; Caulfleld v. Finnegan. 114 Ala. 39, 21 South. 484; Lyman v. Little-

16 WALL

ton, 50 N. H. 54; smiley v. Barker, 83 Fed. 684, 28 G. G. A. 9; Boos v. Ewing, 17 Ohio. 523. 49 Am. Dec. 478.

—Implied waiver. A waiver is implied where one party has pursued such a course of conduct with reference to the other party as to evidence an intention to waive his rights or the advantage to which he may be entitled, or where the conduct pursued is inconsistent vith any other honest intention than an intention of such waiver, provided that the other party concerned has been induced by such conduct to act upon the belief that there has been a waiver, and has incurred trouble or expense thereby. Ast- ritch v. German-American Ins. Co.. 131 Fed. 20, 65 C. O. A. 251; Ruuuuige v. Insurance Co., 13 N. J. Law, 124.—Waiver of exemption. A clause inserted in a note, bond. lsase, etc., expressly wa ing the benefit of the iaws ex- empting limited amounts of personal property from levy and sale on judicial process, so far as concerns the enforcement of the articular debt or obligation, See Mitchell v. Pa. 203; Vl'yuian v. Guy 90 Me. 36, 37 Ati. 325. 60 Am. St. Rep. 238; Howard B. 3. I. Ass'n v. Philadelphia 8: R R. C0,, 102 Pa. 22.5. —Waiver of protest. An agreement by the indorser of a note or bill to be bound in his character of indorser without the formality of a protest in case of non-payment, or, in the case of paper which cannot or is not required to la protested, dispensing with the necessity of a demand and notice. Sec First i\‘at. nk v. Falkenhan. 94 Cal. 141, 29 Pac. 80!}; Codding- ton v. Davis, 1 N. Y. ]90.—Waiver of tort. The election, by an injured party, for purposes of redress, to treat the fncts as estabiishing an implied contract, which he may enforce nstead of an injury by fraud or wrong, for the committing of whidi he may dcmand damages. compensatory or exemplary. Harway v. Mayor, etc., of City of New York, 1 Hun (N. Y.) G30.

WAKEMAN. The chief magistrate of Rlpon, in Yorkshire.

WAKENIN G. In Scotch law. The revivnl of an action. A process by which an action that has lain over and not been insisted in for a year and a day, and thus tech- nically said to have "fallen asleep." is wak- ened, or put in motion again. 1 Forb. Inst. pt. 4, p. 170; Ersk. Prin. 4, 1, 33.

WALAPAIJZ. In old Lombardic law. The disguising the head or face, with the intent of committing a theft.

WALEN SIS. Welshman.

In old English law. A

WALESCHI-IRY. The being a Welsh- man. Spelman.

WALISCUS. In Saxon law. A servant, or any ministerial officer. Gowell.

WALKERS. Foresters who have the care of a certain space of ground assigned to them. Cowell.

WALL. An erection of stone, brick, or other material. raised to some height, and intended for purposes of security or inclosure.

In law, this term occurs in such compounds