Page:Black's Law Dictionary (Second Edition).djvu/1238

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negotiable instrument, signifies that the indorscr means to save himself from liability to suliscquent holders, and is a notification that, if payment is refused by the parties primarily liable, recourse cannot ‘be had to him. See Thompson v. First State Bank, 102 Ga. 696. 29 S. E. 610; Epler L Funk, 3 Pa. 468: Youngherg v. Nelson, 51 Minn. 172, 53 N. W. 629. 33 Am. St. Rep. 497; Bankhead v. Owen, G0 Ala. 461.

WITHOUT RESERVE. A term applied to a sale by auction, indicating that no price is reserved.

WITHOUT STINT. Without limit; without any specified number.

WITHOUT THIS, THAT. In pleading. Foiniai words used in pleadings by way of traverse, pnrtiL'ulnl‘ly by way of special traverse, (q. ~v.,) importing an express denial of some matter of fact alleged in a previous

plealiiug. Sleph. Pl. 168, 169, 179, 180.

WITNESS, v. To subscribe one’s name to a deed, wlli, or other document, for the purpose of attesting its authenticity, and proving its execution, if required, by bearing

nitncss thereto.

WITNESS, n. In the primary sense of the word, a witness is 8 person Who has i(l]O\\"iEllge or an event. As the most direct mode of acquiring knowledge of an event is by seeing it, "witness" has acquired the sense of 11 person who is present at and ohserves a transaction. Sweet. See State v. Desforges, -17 L.i. Ann. 1167, 17 South. 811; In re L0- see's Will. 13 Misc Rep. 29S. 34 N. Y. Supp. 1120; Bliss v. Shunian. 47 Me. 248.

A witness is a person whose declaration under oath (or aflirniaiion) is received as evi- dence for any purpose, whether such deciaration be nmdc on ma] exaniiuaiion or by deposition or aflidavit. Code Civ. Proc. Cal. § 1878: Gen. St. Minn. 1878, c. 73, § 6.

One who is called upon to be present at a trauisaction, as :1 wedding, or the making of ii “'1”, that he may thereafter, if necessary, W testify to the transaction.

In conveyancing. One who sees the ex-

ecution of an ins-iiument, and subscribes it, for the purpose of confirming its authenticity by his testimony. —Advei-se witnesl. A witness whose mind discloses a bias hostile to the party examining him: not a witness whose evidence. being honestly given. is [lli\El‘S€ to the case of the ox- nminant. Brown: Grr-enough v. Eccles. 5 G. P-. (N. S.) 80l.—Attesting witness. See AT- 1r.. ii-rioN.—-Coinpetent witness. See CUM- 1>n'InNT.—Cred.ible witness. See CREDIBLE. —Pz-osueuting witness. See that title.- Subscrlbing witness. See that t.itle.—Swift witness. See that title.



WITNESSING PART. in a deed or other formal instrument, is that part which comes after the recitals, or, where there are no re-



citals, after the parties. It usually com- mences with a reference to the agreement or intention to be effec-tuated, then states or refeis to the consideration, and couciudes with the operative Words and parcels, if any. Where a deed etfectuates two distinct ob- jects, there are two wimessing parts. 1 Dav. Prec. Conv. 63. et seq.; Sweet.

WITTINGLY means with knowledge and by design, excluding only cases which nre the result of accident or for-gettulness, and including cases where one does an unlawful act through an erroneous belief of his right Osborne v. Warren, 44 Conn. 357.

WOLD. Sex. In England. A down or chnnipaign ground, hilly and void of wood. Cowelj; Blount.

WOLF’S HEAD. In old English law. This term was used as descripthe of the condition of an outlaw. Such persons were said to carry a wolf’s head, (caput lum'num,-) for if caught alive they were to be brought to the king, and if they defended theiuseiics they might he slain and their heads cariied to the king, for they were no more to be accounted of than wolves. Termos de la Ley, ““'ooli’erthfod."

WOMEN. All the females of the human species. All such females who have an-ived at the age of puberty. Dig. 50, 16, 13.

WONG. Sax. I.n old records. A field. Speiinain; Cowell. WOOD-CORN. In old records. A cer-

tain qiiiiniiiy of oats or other grain. paid by customary tenants to the lord, for iiherty to pick up dead or hroken wood. Cowell.

WOOD-GELD. In old English law. Money paid for the liherty of taking wood in a forest. Cowell.

Immunity from such payment. Spelman.

WOOD LEAVE. A license or right to cut down. remove, and use standing tiniher on 11 given estate or tract of land. Osborne v. O'Reilly, 42 N. J. Eq. -167. 9 At]. 209.

WOOD-IJOTE. In forest law. The old name of the court of attaclinieuts; other- wise callea tho “Forty-Days Court." Cowell; 3 Bl. Comm. 71.

WOOD PLEA COURT. A court held twice in the year in the forest of Clun, in Shropshire, for determining all matters of wood and ag-istiueuis. Cowell.

WOOD—STREET COIIPTER. name of an old prison in London.


WOODS. A forest; la_nd covered with a

large and thick collection of natural forest