Page:Black's Law Dictionary (Second Edition).djvu/1230

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ant who has committed waste of the premises. There were anciently several forms of this writ, adapted to the particular circumstances.

WASTE-BOOK. A book used by merchants, to receive rough entries or memorunda or all transactions in the order of their occurrence, ]lI‘€Ill)llS to their being posted in the journal. Otherwise called a “blotter."


WASTORS. A kind of


In old statutes.

"WATCH, 1:. sentinel: to be preservation of

To keep guard; to stand as on guard at night, for the the peace and good order.

WATCH, n. A body of constables on duty on any particular night.

WATCH AND WARD. notes keeping guard during the "ward," by day.

“Wn tc ” de- night i

WATCHMAN. An officer In many cities and towns, whose duty it is to watch during the nlght and take care of the property of

s the inhabitants

WATER. As designating a commodity or a subject of ownership. this term has the same meaning in law as in common speech: but in another sense, and especially in the

plural, it may designate a body of water, such as a river, a lake, or an ocean, or an as-negate of such bodies of water, as in the phrases “foreign waters," “waters of the United States," and the llke.

TVntcr is neither land nor tenement nor suscepfillie of absolute ownership. It is a mov- able thing and must of necessity continue com- mon by the law of nature. It admits only of a transient usufrnctiiary property, and if it escapes for a moment, the right to it is gone forever, the qualified owner having no legal power of reclamation. It is not capable of being sued for by the name of "water," nor by 11 caiculation of its cuhical or superficial measure; hnt the suit must be brought for the land which lies at the lmttom covered with water. As water is not land. I1Eltl1E‘1‘ is it a tenement, hecause it is not of a permanent nature. nor the sub- inct of nhsoiute property. It is not in any possible sense real cstate, and hence is not em- hraccd in a covenant of general warranty. Mit- chell v. Watuer. 5 Conn. 518 —Coast waters. Sec COAST —I‘ox-eign waters. Those belonging to another nation or cniintry or subject to another jurisdiction, as ' 'nguisiicrl from “dnmesti "



i.-.i waters. The Pilot 50 Fed. 437. 1 C. C. ”i2R_—Inland. waters. See INI..a'Nn,—Naviga'ble waters.

S:--2 NAVIGABLE.—P e r o a 1 u t i a g waters. Those which pass through the groiind henentii the surface of the earth without any di-finite rhnnncl, and do not form a part of the body or flow, surface or subterranean, of anv water- course. I‘hey may be eilher rain waters which are siowly infiltrating through the soii or waters seeping thrmigh the banks or the bed of a stream, and which have so far left the bed and the other waters as to have lost their char- acter as a part of the fiow of stream. Viiielanil Irr. IT t. v. Azusa Irr. Co., 126 Cal. 481}. 58 Pac. 1037. 46 L. R. A. 82 ' Los An-


gelcs v. Pomeroy, 124 Cal. 597. 57 Pac. Herriman Irr. Co. v. Keel, 25 Utah, 96, 69 P 719; Deadwood Cent. R. Cu. v. Barker. 14 D. 558, 86 N. W. 619; Montecito Val. WA- ter Co. 17. Santa Barbara, 14-} Cal. 578, 77 Pac. l113.—Px‘ivn.te waters. Non-nnfigable streams, or bodies of water not open re the resort and use of the general public, but entire- owned and controlled by one or more individuals.—Pulilic waters. Such as are adapted for the purposes of navigation, or thn- to which the general public have a right of access, as distinguished from artificial lakes, ponds, and other bodies of water privately owned, or simiiar natural bodies of water owned ExCillSl\'E‘Iy by one or more rsous. See Liimprcy 1. Met- cnlf. 52 Minn. 1 1, 53 N. V7. 1139, 18 L. B. A. (370. 38 Am. St Rep. 541; Carter 1/. Thurston, 58 N. H. 104, 42 Am. Rep. 5394: Cobb v. Davenport. 32 N. J. Law, 34-9: \\ est Point Wuter-Power Co. v. State. 4.9 Neh. "" bS N. W. FAIJT: State v. Therianlt, 70 Vt. b17. 41 At]. 1030. 43 L. R. A. 290. 67 Am. St. Rep. ti-L8.- Snliterranenn waters. Waters which lie wholly beneath the surfuce of the ground, and which either ooze and seep through the sub- surface slratn without pursuing any defined course or channel. (percniating waters.) or flow in a permanent and reguiar but invisible course. or iie under the earth in a more or less immo\~ able body, as a subterranean i:il:e.—Sn.i-face waters. As distinguished from the waters of ii natural stri-.-iin, iake, or pond, surface willeru are such as dilIuse themselves over the sui-lace of the gruund. following no defined course or channel, and not gathering into or forming any moro definite body of vmler than a mere hog or marsh. They generally orilziunte in ruins and nieiting snows, but the fiood Wilh‘lS of I rii-cr may iiiso be considered as surface waters if they become separated from the main current, or ieave it never to return, and spread out over lower ground. See Scha:-fer v. Martliaipr, 34 Minn 487, 2: N. W. ‘TITS. 57 Am. Rep. 40; Crawford v. Rambo. 44 Ohio St. 279. 7 N. E. 42'): New York. etc. R. Co. r. Hamlet Hny Co.. 14.‘) Ind. 344. 47 N. E. 1060: Cairo. etc. . v. llrcroort (C. C.) 62 Fed. 1 . 25 Li

2 Brandenburg v. Zeigicr. .

E. 790, 55 R. Rep. 81.1. Mo. 467: Tampa ‘Vatcrworks Co. v. Cline. 37 Fla. -130. 20 South. 730. 3.3 L. R. A. 376. 53 Am. St. Rep. 9(i2.—'I‘ide waters. See TIDE. Water-hai1- iff. The title of an ofificer, in port towns in England, appointed for the searching of ships Also of an officer belonging to the c1t_y of London, who had the superr ing nnd search of the fish bl'l)ll_L'ht thither. (Ynwell.—Wa.ter-hay- ley. In -\mericn_n law. An officer mentioned in the colony laws of New Plymouth. (A. D. 1071.) whose duty was to ceilect dues to the colony for fish taken in their waters. I’rnh.ibly another form of icnirr-bailiff. Burrill,—Wu_ tel‘-course. See that title i1Ifrn.—Watergage. A sea-wali or haul: to restrain ihe cur rent and overflowing of the water lsn an instrument to measure water. Cowe —Watergang. A Snxon word for a trench or couise to L'.ur1'y a stream of water, such as are com- monly made to drain wntcr out of marshes. C0- well.—Wu.ter-gavel. In old records. A novel or rent paid for fishing in or other benefit received from some river or writer. Cowell: Bloiint.—Water-mark. See that title infra. —Wnter-measure. In old statutes. A measure greater than Winchester measure by about three galions in the hushcl, w 'l—Water- ordeal. In Saxon and old English Inn. The ordeal or trial by water. The lmt-water ordeai was performed by piunging the bare arm up to the elbow in boiling water, and escaping unhurt thereby. 4 Bl. Comm. 343. The C(7'd'1DUr ter ordeal was performed by casting the person suspected into 8. river or pond of coid water,

when, if he floated therein, without any action