Page:Black's Law Dictionary (Second Edition).djvu/1237

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WISTA 1

formed the foundation for the subsequent code of the Hanseatic League. A translation at the Laws of Wisby may be seen in the appendix to 1 Pet. Adm. And see 3 Kent, (lomm. 13.

WISTA. In Saxon law. Half :1 hide of land, or sixty acres.

WIT. To know; to learn; to be inform- ed. Used only in the infinitive, to-wit, which term is equivalent to “that is to say," “name- ly," or “v:1’delicet."

WITAM. The purgntion from an offense by the oath of the requisite number of wit- nesses.

WITAN. In Saxon law. Wise men; persons of information, especially in the laws; the king's advisers; members of the king's council; the optimates, or principal men of the kingdom. 1 Spence. Eq. Jnr. 11. note.

WITCHCBAFT. Under Sts. 33 Hen. VIII. c. 8, and 1 Jae. I. c. 12, the offense of witchcraft, or supposed intercourse with evil spirits, was punishable with death. These acts were not repeaied till 1736. -1 Bl. Comm. 60, 61.

WITE. Sax. alty, mulct, or criminal fine.

A punishment, pain, pen- Cowell.

WITEKDEN. A taxation of the West Saxons, imposed by the public council of the kingdom.

WITENA DOM. In Saxon law. The judgment of the county court, or other court of competent jurisdiction, on the title to

property, real or personal. 1 Spence, Eq. Jul‘. 22. WITENAGEMOTE. “The assembly of

wlse men." This was the great national council or parliament of the Saxons in England. comprising the noblemen, high ecclesi- nstics, and other grest thanee of the king- dom, advising and aiding the king in the general administration of government.

WITENS. The chiefs of the Saxon lords or thanes, their nobles, and wise men.

WITH ALL FAULTS. This phrase. used in a contract of sale. implies that the pur(-haser assumes the risk of all defects,and imperfections. provided they do not destroy the identity of the thing said.

WITH STRONG HAND. In pleading. A technical phrase indispensable in describing a forcible entry in an indictment. No other word or circumlocution will answer the same purpose. Rex v. Wilson, 8 Term R. 357.

9 WITHOUT RECOURSE

WITHDRAWING A JTTROR. Lu practice. The withdrawing of one of the taelve jurors from the box, wlth the result that, the jury being now found to be incomplete, no further proceedings can bs had in the cause. The withdrawing of a juror ls uiways by the agreement of the parties, and is frequently done at the recommendation of the judge, where it is doubtful whether the action will lie; and in such case the consequence is that each party pays his own costs. It is, how- ever, no bar to a future action for the same L'1l1S€. 2 Tidd, Pr. S61, S62; 1 Archb. Pr. K. B. 196; Wabash R. Co. v. McCormick. 23 Ind. App. 258. 55 N. E. 251.

WITHDRAWING RECORD. In practice. The withdrawing by a plaintiff of the niai prim: or trial record flied in a cause. just before the tr1al is entered upon, for the purpose of preventing the cause from being tried. This may be done before the jury are sworn, and afterwards, by consent of the defend- ant‘s counsel. 2 Tidd. Pr. 851: 1 Archb. I’r. K. B. 189; 3 Chit. Pl‘. 370.

WITHERNAIVL In practice. A taking by way of reprisal; a taking or a reprisal of other goods, in lieu of those that were formerly taken and eioigned or withholden. 2 Inst. 141. A reciprocal distress. in lieu of a previous one which has been eloigned. 3 Bl. Comm. 148.

WIT!-IERSAKE. An apostate, or perfldious renegade. Cowell.

WITHOUT DAY. A term used to signify that an adjournment or continuance is indefinite or final, or that no subsequent time is flxcd for another meeting, or for further

proceedings. See Suva: DIE. “HTHOUT IIVIPEACHJVIENT 01‘ WASTE. The effect of the insertion of this

clause in a lease for life is to give the tenant the right to out timher on the estate, without making himself thereby liable to an action for waste.

WITHOUT PREJUDICE. V\"he1‘e an offer or admission is made "without preju- dice," or a motion is denied or a biil in equity dismissed "without prejudice." it is meant as a declaration that no rights or privileges of the party concerned are to be consuleied as thereby waived or lost except in so far as may be expressly conceded or decided. See Genet v. Delaware & H. Canal C0,. 170 N. Y. 278, 63 N. E. 350; O'Keefe v. Irtingtnn Real Estate Co., S7 Md. 196, 39 At]. 4'28‘ Ray v. Adden. 50 N. H. S-1, 9 Am. Rep. 15, Scamster v. Blackstock, S3 Va. 232. 2 S. )3‘. 36, 5 Am. St. Rep. 262; Taylor v. Slater, 21 R. I. 104, -11 ALL 1001; Kempton v. Burgess, 136 Mass. 192.

‘WITHOUT RECOURSE. This pbrase,

used in making a qualified indorsement of a