Page:Black's Law Dictionary (Second Edition).djvu/1229

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WARRANTY

ders v. Seeiye. 105 U. S. 718, 26 L. Ed. 121'. —Pr-omissnry warranty. A term used chief- ly in the law of insurance, and meaning a warranty which requires the performance or omission of certain things or the existence of certain facts after the beginning of the contract of insurance and during its continuance, and the h of which will avoid the poiicy. See King " f Ass'n. 35 App. Div. 58, 5-1 N. Y. Supp. Mniipin v. Insurance C0,, 53 W. Va. 557. 4- S. E. 1003. .\icKen ie v. Insurance 00., 112 Col. W, M P --Special warranty. .-\ cinuse of warranty inserted in a deed of innds, by which the grantor covenants, for himself and his heirs, to “warrant and forever defend" the title to the same. to the grantee and his heirs. u=tc., against ail persons claiming “by, tlirough. or under" the grnntor or his heirs. If the “arninty is against the claims of all persons what- snmer. it is called a “gnnerai" warranty— Warranty deed. One which contains a core innt of i\nr'ran[y.—Wa:n'a.nty, voucher to. In old practice The caiiing a warrantor into court by the party warranted. (when tenant in a reui action brought for recovery of surh lug-ids.) to defend the suit for him. ()0. Lin. 1 112


ac.

WARREN. A term in English law for a place in which birds, flshes, or wild beasts are kept.

A franchise or privilege. either by prescription or grant from the king. to keep beasts and fowls of warren, which are hares. cnueys, partridges, pheasants. etc.

Also any place to which such privilege extends. Mozley & Whitley.

—I‘ree wnu-en. A franchise for the preserving and custody of beasts and fnwls of warren. 2 Bl. Comm 39. 417; C0 Lltt. 233

chise gave the grantee sole right of far as his warren extended. on condi ciiiding other persons. 2 Bl. Com

WARSCOT. In Saxon law. A custom- arv or usual tribute or contribution towards armor, or the arming of the forces.

WA.RTH. In old English law. A customary payment, supposed to be the same- with ward-pennu. Spelman; Blount

WAS]-I. A shallow part of a river or srm of the sea.

WASH SALE. In the innguage of the stocir exchange, this is the operation performed by a broker who fills an order from one customer to buy a certain stock or com- modity by simply transferring to him the _stock or commodity placed in his hands (or ordered to be soid) by another customer, instead of going upon the exchange and ex- ecuting both buying and selling orders sep- arately and on the best terms obtainable for the respective customers. See hirulynn v. Seymour, 14 N. Y. St. Rep. 709.

WASHING-HORN. The sounding of a horn for washing before dinner. The custom was formerly observed in the Temple.

WASHINGTON, TREATY 0!‘. A treaty signed on May 8, 1871, between Great Britain and the United States of America,

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1 WASTE with reference to certain differences arising out of the war between the northern and southern states of the Union, the Canadian fisheries, and other matters. Wharton.

WASTE. Spoil or destruction, done or permitted, to lands, houses, gardens, trees, or other corporeai hereditanients, by the tenant tliercof, to the prejudice of the heir. or of him in reversion or remainder. 2 Bl. Comm. 281

_Waste is a spoil and destruction of an estate, either in houses, woods, or lands, by dem(]isbing. not the temporary profits only, but the very substance of the thing, thereby reiitlcring it wild an] dvsoiate, which the common law expresses very signitrcuntly by the word “vastuni." 3 iii. Comm. 22%

Waste is a lasting caused by the destrnitiou.

damage to the reversion by the tenant for iifs the land as are not

or years, of such things on inciiided in its fetuut-r:1l'y profits. Proilitt v Henderson. 20 M0. 325.

In old English criminal law. A prerog-

ative or liberty, on the part of the crown, of committing waste on the lands of felons, by pulling down their houses, extlrpating their gardens. plowing their meadows, and cutting down their woods. 4 Bl. Comm. 3S5.

—Conurrissive waste. Active or positive waste; waste done by acts of spoliation or destruction, rather than by mere negicct: the some as voluntary waste. See i'nfnz.—Dnu'ble waste. See DK)UHLE.—EquiI:a.l1le waste. Injury to ti reversion or remainder in rea.l estate, which is not recognized by the courts of law as waste, but which equity will interpose to prevent or Gannon v. Peterson, 193 Hi. 372, 62 . E. 210. 55 L. 1!. A. 701: Crowe v. Wilson, 65 Md. 479. 5 Ad. 427. 57 Am Rep. 343. Otherwise defined as an unconscientious abuse of the privilege of non-inipcachahility for waste at common law, whereby a tenant for life, without impeachment of waste, will be restrained from committing willful, deSi'.l'|l(:ti\ malicious, or extravagant waste. such as puiiing down housel, cutting timber of too young a growth, or trees planted for ornament, or for shelter of premiscs. rton.—Impeai-lament of waste. Liability for waste committed, or a demand or suit for compensation for waste committed upon lands or tenements by a tenant thereof who has no right to commit waste. On the other hand, a tenure "without impeachment of waste" signifins that the tenant cannot be called to account for waste committed.—Nii1 waste. "No waste." The name of a plea in an action of wast . denying the commission of waste, and forming the general issiie.—.I-‘ex-m.issive waste. That kind of waste which is it mstter of omission only, as by suffering a house to fall for want of necessary reparations. 2 Pi. Comm. '28 ; Willey v. Laraway. 6-i Vt. 5. , 5 Atl. 43 ; Beekman v. Van Dolsen, 63 Hun. S7. 18 N. Y. Supp. 376: White v. Vwigner. -i Ilar. 8: J. (Md.) 391, 7 Am. Dec. 67-1.—Vnlu:nta:ry waste. Active or positive waste; wusfe ilone or committed, in cuntradistinction to that which mere negiigence, which is cnlied waste. 2 Boriv. last. no. ‘Z394. Voluntary or commissive waste consists of in- jury to the demised premises or some part there- of, when occasioned by some deliberate or vol- untary act, as, for instance, the piiiling down of a house or removal of floors, windows. doors, furnaces, shelves, or other things afiixed to and forming part of the freebold. Res.-in v. Lutlly. 16 Duly. 413. 11 N. Y. Supp. 709. Contrasted with “perin.'issive" waste.—Writ of waste.

The name of a, writ to be issued against a ten-