Page:Black's Law Dictionary (Second Edition).djvu/1225

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WALL

as "ancient wa ," “party-wa ," “divisionwaii," etc.

--Common wall. A party well; one which has been buiit at the common expense of the two owners whose properties are_ contiguous, or a wail hniit by one party in which the other has acquired a common right. pbeil v. gitegier, 4 Johns. Ch. (N. Y.) 342. 8 Am. Dec.

WALLIA. In old English law. A wall: I sea-nail: a mound. hank, or wall erected in marshy districts as a protection against the sea. Spelman.

WAMPUM. Beads made of shells, used as money by the North American Indians, and which continued current in New York as late as 1693.

WAND OF PEACE. In Scotch law. A wand or staff carried by the messenger of a court, and which, when deforced, (that is, hindered from executing process.) he breaks, as a symbol of the dsforcement, and protat for remedy of law. 2 Fort. Inst 20'].

WANLASS. An ancient customary ten- ure or lands; t. e., to drive deer to a stand that the lord may have a shot. Blount, Ten 140.

WANTAGE.}} In marine insurance. Ullage; deficiency in the contents of a cask or vessel caused by leaking. Cory v. Boyl- ston Fire 8: Marine Ins. Co., 107 Mass. 140, 9 Am. Rep. 14.

WANTON. rights.

Regardiess another’:

See WANTDNNESB.

of

WANTONNESS. A rechlem or malicious and intentional disregard of the property, rights, or safety of others, implying, active- ly, a llcentlous or conteinptuous wiliingnem to injure and disregard of the consequences to others, and, passively, more than mere negligence, that is, a conscious and intentional disregard of duty. See Brasington v. South Bound R. C0,. 62 S. 0. 325. 40 S. E. 665, 89 Am. St. Rep. 905: Louisville & N. R. Co. v. Webb. 97 Ala. 308. 12 South. 374: Branch v. State, 41 Tex. 625: Harward v. Davenport, 105 Iowa, 592. 75 N. W. 487: Trauerman v. Lippincott 39 Mo. App. 433; Everett \. Richmond 8: D R. Co., 121 N. G. 519. 27 S. E. 9391; Birmingham By. 8: El. Co. v. iE'lncl~'nrd, 124 Ala. 372, 26 South. SSO.

Reckless sport; willfully unrestrained action. running immoderateiy into excess. Cobb v. Bennett, 75 Pa. 330, 15 Am. Rep. 752.

A iicentious act by one man towards the person of another, without regard to his rights; as, for example, if a man should attempt to pull of! another's hat against his will. in order to expose him to ridicule, the offense wouid he an assault, and if he touched him it would amount to a battery. Bon- vier.

Bl.Law Dict.(2d ED.)—77

9

.4

17 WARD

WAPENTAKE. In English law. A 10- ml division of the country; the name is in use north of the Trent to denote a hundred. The derivation of the name is said to be from "weapon" and “take," and indicates that the division was originally of a mill- tziry character. Cowell; Brown.

Also a hundred court.

WAR. A state of forcible contention: an armed contest between nations; a state of hostility between two or more nations or states. Gro. de Jur. B. lib. 1, c. 1.

Every connection by force between two nations. in external matters, under the antborlty of their respective governments, is a public war. It war is declared in form, it is called “so1emn," and is of the perfect hind; because the whole nation is at war with an- other whole nation. When the hostilities are limited as respects piaces, persons, and things, the war is properly termed "imperfect war." Bas v. Tingy, 4 Daii. 37, 40, 1 L. Ed. 731.

—A.x't'1oles of war. See AIc'i'IOLE.—Ci17i.'l war. An intcriiecine war. A viar carried on between opposing masses of citizens of the same country or nation. Before the declaration of Independence, the war between Great Britain and the United Colonies was a civil war; but instantly on that event, the war shamed its nature, and became a public war between indcpi=n(l- ent governments. Hubbard v. Exp. Co., 10 R.

. .. Bronn v. Hiatt. 4 Fed. Cas. 387: Prize Cases, 2 Black, F-G7. 17 L. Ed. 459‘ Central R. & B. Co. v. “ard. 37 Ga. 515.—Laws of war. See LAW.—Mixed war. A mixcrl war is one which is made on one side by public -in thority, and on the other by in re private persons. Peopie v. McLeod. 1 Hii (N. Y.) 377, 415, 37 Am. Dec. 3‘23.—Px-ivate war. One between private persons. lawfullv exerted by way of defense, but otherwise unknown in cirii society. Peopie v. Mt-Leod. 25 Wend. (N. Y.) 576. 37 Am. Dec. 3'.’S.—Pn‘blio war. This term includes every contention by force. between two nations. in externai matters. under i: authority of their respectile governments. Prize Cases. 2 Biacls, G66, )7 L. Ed. 459: People v. McLeod. 5 Wend. (N. Y.) 483. 37 Am. Dec. 32R.—Solemn war. A war made in form luv public declaration: a war soit-mniv tlnolnivd by one state against another.—Wru-office. In England. A department of state from ahizh the sovereign issues orders to his forces. Wharton.

WARD. 1. Guarding; care: charge;as, the ward of a castle: so in the phrase “\\ atch and ward."

2. A division in the city of Iondon com- mitted to the speciai ward (guardianship) of an alderman.

3. A territoriai division is adopted in most American cities by which the munici- pniitv is separated into a number of pre cincts or districts caiied “wards" for purposes of police. sanitary regulations, pre\ention of fires. elections, etc.

4. A corridor, room, or other division of a prison, hospital, or asylum.

5. An infant placed by authority of law under the care of a guardian.

The person over whom or over whose prop-