Page:Black's Law Dictionary (Second Edition).djvu/1232

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

WAY 1224

(chiefly in New England) a private way is one laid out by the local public authorities for the accommodation of individuals and wholly or chiefly at their expense, but not restricted to their exclusive use, being subject, like highways to the public easement of passage. See Metcal v. Bingham, 3 N. H. 459: Clark v. Boston. 0 0 & M. ii. Co., 24 N. H. 118: Denham v. Bristol

County, 108 Mass. 202: Butchers’, etc., Ass'n v. Boston, I39 Mass. 290, 30 N. E. 9-.i.—RigliI: of way. See that title.

WAY—BILL. A writing in which is set down the names of passengers who are carried iu a public conveyance, or the description of goods sent with a common carrier by land. WV ha rton.

WAY-GOING CROP. A crop of grain sown by a tenant for a term certain, during his ten.-iiicy, but which will not ripen until after the expiration of his lease; to this, by cnstom in some places, the tenant is entitled.

WAYLEAVE is a right of way over or through land for the carriage of minerals from a mine or quarry. it is an easement, being a species of the class called "rights of way," and is generally created by express grant or reseriation. Sweet.

WAYNAGIUM. ry. 1 Reeve, Eng. Law, c. 5, p.

Implements of husband- 268.

WAYS AND MEANS. In a legislative body, the "committee on ways and means" is a committee appointed to inqnire into and consider the methods and sources for raising reieiiue, and to propose means for providing the funds needed by the government.


wavwannnns. The English highway

acts proiide that in every parish forming part of a highway district there shall onnu.ill_y be elected one or more miywardens. The waywardens so elected, and the justices for the county residing within the district, form the highway iiuaril for the district. Each wa_vwarden also represents his parish in regard to the levying of the highway rates, and in questions arisiig concerning the liability of his parish to repiiiis, etc.

w Sweet.

WEALD. or a country.


Sax. A wood; the woody part

WEALREAF. In old English law. robbing of a dead man in his grave.


WEALTH. All material objects, capable of satisfying human wants, desires, or tastes, having a value in exchange, and upon which human labor has been expended; l. e., which iiare, by such labor, been either reclaimed from nature. extracted or gathered from the e'1i th or sea, nianiifactiircd from raw l1]ili€‘l'li1i.S, improved, adapted, or cultivated.

"The aggregate of all the things, whether material or immaterial, which contribute to coinfort and enjoyment, which cannot be ob-


.« tained without more or less labor, and which are objects of frequent barter and sale, is what we usually call ‘wealth.’ " Bowen, Pol. Econ. See Branham v. State, 96 Ga. 307. 22 S. E. 957.

WEAPON. An instrument used in lighting; an instrument of offensive or defensive combat. The term is chiefly used, in law. in the statutes prohibiting the ca yiug of “concealed" or “" weapons. See these titles.

WEAR, or WEIR. A great dam or fence made across a riier, or against water. formed of stakes interiuccd by twigs of osler, and accommodated for the taking of fish, or to convey a stream to a mill. Cuwell; Jacob.

WEAR AND TEAR. “I\'aturai “ear and tear" means iieterioration or depreciation in value by ordinary and reasonable use of the subject-matter. Green v. Kelly, 20 N. J. Law, 548.

WED. Sax. A covenant or agreement. Cowell.

WEDBEDRIP. Sax. In old English law. A customary service which tenants paid to their lords, in cutting down their corn, or doing other harvest duties; as if a coiaenaiit to reap for the lord at the time of his bidding or commanding. Cowell.

WEEK. A period of seven consecutive days or time; and, in some uses, the period beginning with Sunday and ending with Saturday. See Leach v. Burr, 188 U. S. 510, :33 Sup. Ct. 333, 47 L. Ed. 567; Rnnkendorli v. Taylor, -1 Pet. 361, 7 L. Ed. 882; Evans v. Job, 8 Nev. 334; Bird v. Burgstelner, 100 Ga. 486, 28 S. E. 21! Steinle v. Bell. 12 Abb. Prac. N. S. (N. Y. 1i5: Russell v. Cray, 164 Mo. 69, 63 S. W. 54 Medland v. Linton, 60 Neb. 249, 82 N. W. 8136.

WEI-IADINC. In aid European law. The judicial combat, or duel; the irlal by battel.

WEIGHAGE.}} In English law. A duty or toll paid for weighing merchandise, It is called "trmiage" for weighing wool at the kings heain, or "pesagi"' for Weighing other avoirdupois goods. 2 Chit. Com. Law, 16.

WEIGHT. A measure of heaviness or ponderosity; and in a metaphoricai sense iii- fluence, eficctiveiiess, or power to influence judgment or conduct.

—Gx-ass Weight. The whole weight of goods and merchandise, including the dust and dross, and also the chest or bag. erc.. upon which taro and tret are nilowod.—Weights of animal. See AUNCEL Wr:1Gnr.— of Evidence. The balance or preponderance of evidence; the inclination of the greater amount of credible evi-

dence, offered in II trial. to support one side of the issue rather than the other. The “wemht"