Page:Black's Law Dictionary (Second Edition).djvu/1233

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WEIR 12 or “preponderance of proof“ is a phrase constantly used, the meaning of which is well understood aud easily defined. It indicates clear- ly to the jury that the party having the hurdeu of proof will be entitled to their \_euhct if. on weighing the evidence in their minds, they shall End the greater amount of credible evi- dence sustains the issue which is to be estab- lished before them. Hnskins v. Haskius, 9 Gray (Mass) 393.

WEIR. A fence or an inclosure of twigs, set in a stream to catch flsh. I-‘ub. St. Mass. p. 1297; Treat v. Chipman, 3.‘) Me. 38,

WELL, adj. In Inatrine insurance. A term used as descriptive of the safeLv and soundness of a vessel; in a warranty of her condition at a particular time and place: as. "warranted well at on "

In the old reports. Good. suliiclent. nu- objectionabie in law; the opposite of "ill."

WELL, n. A well, as the term is used in a convoy unce, is an artificial excavation and erection in and upon land, which necessarily, from its nature and the mode of its use, icnludes and comprehends the substantial occu- pution and henelicial enjoyment of the whole premises on which it IS sltunted. Johnson v. Rayner. 6 Gray (Mass) 107; Andrews v. Ourman. 13 Blatchi’. 307. 1 Fed. Cas. 868.

WELL KNOWING. A phrase used in pleading as the technical expression in laying a scienter, (91. v.)

WELSH MORTGAGE.}} See Mosrosom.

WEND. In old records. A large extent of ground, comprising several jugu; s peram- huiation; a circuit. Spelmsn; Cowelj.

WERA, 01' W1-IRE. The estimation or price ui’ a man, especially of one slain. In the criminal law of the Anglo-Saxons, every man's life had its value, called a "were," or "cupitis nest-imat-Ea."

WEREGELT TI-IE1‘. Sax. In old Elm- lish law. A robber who might be ransomed. Fleta, lib. 1, c. 47, § 13.

WEBEGILD, or WERGILD. This Was the price of homicide, or other atrocious persuuai olleuse, paid partly to the king for the ioss of a suhject, partly to the lord for the loss of a vassal, and partly to the next of kin of the injured poison. in the Anglo- Saxon laws, the amount of compensation varied with the degree or rank of the party slain. Brown.

WERELADA. A purging from a crime by the oaths of several persons, according to the degree and quality of the accused. Cow- ell.

WERGELT. In old Scotch law. A sum paid by an offender as a compensation or




satisfaction for the offense; a weregild. or wergiid.

- WERP-GEI.D. Belg. In European law. Contiibution for jettison; averue.

WESTMINSTER. A city immediately adjoining London, and forming a part of the metropolis; formerly the seat of the superior courts of the kingdom.

WESTMINSTER CONFESSION. A document containing a statement of relmlous doctrine, concocted at a cunterence of British and continental Protestant divines at \\ estminster, in the year 1513, which subse- quently became the basis at the Scotch Pres- byterian Church. Wharton.

WESTMINSTER THE FIRST. The statute 3 Edw. 1., A. D. 1275. This statute, which deserves the name of a code rather than an act. is divided into fifty-one chapters. Without extendmg the exemption of churchmen from civil Jurisdiction, it protects the property of the church from the violence and spoliation of the king and the no- bles. provides for freedom of popular elections, hecuuse sherifls. coroners, and conserv- ators of the peace were still chosen by the freeholders in the county court, and attempts had been made to influence the election of knights of the shire, from the time when they were instituted. It contains a declaration to enforce the enactment of May- mz Ulm/rta against excessive lines, which might operate as perpetuui imprisonment; enumerates and corrects the abuses of ten- ures, particularly as to marriage of wards; regulates the levying of, which were imposed arlnltrarily by the batons and by cities and horoughs: corrects and restrains the powers of the king's esclieator and other officers: amends the K:ili11li1i‘il law. putting the crime of rape on the footing to which it has been lately restored, as a most grievous, but not capital, offense; and embraces the subject of procedure in civil and criminal matters, introducing many regulations to render it cheap, simple, and expeditious. 1 Camp. Lives Ld. Ch. p. 167; 2 Reeve, Eng. Law, c. 9, p. 107. Certain parts of this act are repealed by St. 26 & 27 View‘. c. 125. Wharton.

WESTMINSTER. THE SECOND. The statute 13 Edw. 1. St. 1, A. D. 1285, other- wise called the “Statute de Donis GomIitmnalihus." See 2 Reeve, Eng. Law, c. 10, p. 163 Certain parts of this act are repealed by St. 19 & 20 Vict. c. 64, and St. 26 & 27 Vict. c. 125. Wharton.

WESTMINSTER THE THIRD. STAT- UTE 01‘. A statute passed in the eighteenth year of Edward I. More commonly known as the “Statute of Ohio Emptores," (91. 0.)

See Barring. Ob. St. 167-169.