WEAR. A great dam made across a river, accommodated for the taking of fish, or to convey a stream to a mill. Jacob's Law Dict. h. t. Vide Dam.
WED. A covenant or agreement; whence a wedded husband.
WEEK. Seven days of time.
2. The week commences immediately after twelve o'clock, on the night between Saturday and Sunday, and ends at twelve o'clock, seven days of twenty-four hours each thereafter.
3. The first day of the week is called Sunday; (q. v.) the second, Monday; the third, Tuesday; the, fourth, Wednesday; the fifth, Thursday; the sixth, Friday; and the seventh, Saturday. Vide 4 Pet. S. C. Rep. 361.
WEIGHAGE, mer. law. In the English law it is a duty or toll paid for weighing merchandise; it is called tronage, (q. v.) for weighing wool at the king's beam, or pesage, for weighing other avoirdupois goods. 2 Chit. Com: Law, 16.
WEIGHT. A quality in natural bodies, by which they tend towards the centre of the earth.
2. Under the article Measure, (q. v.) it is said that by the constitution congress possesses the power "to fix the standard of weights and measures," and that this power has not been exercised.
3. The weights now generally used in the United States, are the same as those of England; they are of two kinds:
1. AVOIRDUPOIS WEIGHT.
1st. Used in almost all commercial transactions,
and in the comwon dealings of life.
27 1/3 1/2 grains = 1 dram
16 drams = 1 ounce
16 ounces = 1 pound, (lb.)
28 pounds = 1 quarter, (qr.)
4 quarters = 1 hundred weight, (cwt.)
20 hundred weight = 1 ton.
2d. Used for meat and fish.
8 pounds = 1 stone
3d. Used in the wool trade.
Cwt. qr. lb.
7 pounds = 1 clove
14 pounds = 1 stone = 0 0 14
2 stones = 1 tod = 0 1 0
6 1/2 tods = 1 wey = 1 2 14
2 weys = 1 sack = 3 1 0
12 sacks = 1 last = 39 0 0
4th. Used for butter and cheese.
8 pounds = 1 clove
56 pounds = 1 firkin.
2. TROY WEIGHT.
24 grams = 1 pennyweight
20 pennyweights = 1 ounce
12 ounces = 1 pound.
4. These are the denominations of troy weight, when used for weighing gold, silver and precious stones, except diamonds. Troy weight is also used by apo-thecaries in compounding medicines; and by them the ounce is divided into eight drams, and the drain into three scruples, so that the latter is equal to twenty grains. For scientific purposes, the grain only is used, and sets of weights are constructed in decimal progression, from 10,000 grains downward to one-hundredth of a grain. The caret, used for weighing diamonds, is three and one-sixth grains.
5. A short account of the French weights and measures is given under the article Measure.
WEIGHT OF EVIDENCE. This phrase is used to signify that the proof on one side, of a cause is greater than on the other.
2. When a verdict has been rendered against the weight of the evidence, the court may, on this ground, grant a new trial, but the court will exercise this power not merely with a cautious, but a strict and sure judgment, before they send the case to a second jury.
3. The general rule under such circumstances is, that the verdict once found shall stand: the setting aside is the exception, and ought to be an exception, of rare and almost singular occurrence. A new trial will be granted on this ground for either party; the evidence, however, is not to be weighed in golden scales. 2 Hodg. R. 125; S. C. 3 Bingh. N. C. 109; Gilp. 356; 4 Yeates, 437; 3 Greenl. 276; 8 Pick. 122; 5 Wend. 595; 7 Wend. 380; 2 Vir. Cas. 235.
WELCH MORTGAGE, Eng. law, contracts. A species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given as a security for the repayment, but differs from it in the circumstances that the rents and profits are to be received without account till the principal money is paid off, and there is no remedy to enforce payment, while the mortgagor has a perpetual power of redemption.
2. It is a species of vivum vadium. Strictly, however, there is this distinction between a Welch mortgage and a vivum vadium. In the latter the rents and profits of the estate are applied to the discharge of the principal, after paying the interest; while in the former the rents and profits are received in satisfaction of his interest only. 1 Pow. Mortg. 373, a.
WELL. A hole dug in the earth in order to obtain water.
2. The owner of the estate has a right to dig in his own ground, at such a distance as is permitted by law, from his neighbor's land; he is not restric-ted as to the size or depth, and is not liable to any action for rendering the well of his neighbor useless by so doing. Lois des Bat. part. 1, c. 3, sect. 2, art. 2, 2.
WELL KNOWING. These words are used in a declaration when the plaintiff sues for an injury which is not immediate and with force, and the act or nonfea-sance complained of was not prima facie actionable, not only the injury, but the circumstances under which it was committed, ought to be stated, as where the injury was done by an animal. In such case, the plaintiff after stating the injury, continues, the defendant well knowing the mischievous propensity of his dog, permitted him to go at large. Vide Scienter.
WERE. The name of a fine among the Saxons imposed upon a murderer.
2. The life of every man, not excepting that of the king himself, was esti-mated at a certain price, which was called the were, or vestimatio capitis. The amount varied according to the dignity of the person murdered. The price of wounds was also varied according to the nature of the wound, or the member injured.
WERGILD, or WEREGILD, old Eng. law. The price which in a barbarous age, a person guilty of homicide or other enormous offence was required to pay, instead of receiving other punishment. 4 Bl. Com. 188. See, for the etymology of this word, and a tariff which was paid for the murder of the different classes of men, Guizot, Essais sur l'Histoire de France, Essai 4eme, c. 2, 2.
WETHER. A castrated ram, at least one year old in ark indictment it may be called a sheep. 4 Car. & Payne, 216; 19 Eng. Com. Law Rep. 351.
WHALER, mar. law. A vessel employed in the whale fishery.
2. It is usual for the owner of the vessel, the captain and crew, to divide the profits in just proportions, under an agreement similar to the contract Di Colonna. (q. v.)
WHARF. A space of ground artificially prepared for the reception of merchan-dise from a ship or vessel, so as to promote the convenient loading and discharge of such vessel.
WHARFAGE. The money paid for landing goods upon, or loading them from a wharf. Dane's Ab. Index, h. t.
WHARFINGER. One who owns or keeps a wharf, for the purpose of receiving and shipping merchandise to or from it, for hire.
2. Like a warehouseman, (q.v.) a wharfinger is responsible for ordinary neglect, and is therefore required to take ordinary, care of goods entrusted to him as such. The responsibility of a wharfinger begins when he acquires, and ends when he ceases to have the custody of the goods in that capacity.
3. When he begins and ceases to have such custody depends generally upon the usages of trade and of the business. When goods are delivered at a wharf, and the wharfinger has agreed, expressly or by implication, to take the custody of them, his responsibility commences; but a mere delivery at the wharf, without such assent, does not make him liable. 3 Campb. R. 414; 4 Campb. R. 72; 6 Cowen, R. 757. When goods are in the wharfinger's possession to be sent on board of a vessel for a voyage, as soon as he delivers the possession and the care of them to the proper officers of the vessel, although they are not actually removed, he is, by the usages of trade, deemed exonerated from any further responsibility. 5 Esp. R. 41; Story, Bailm. 453 Abbott on Shipp. 226; Molloy, B. 2. 2, s. 2; Roccus, Not. 88; Dig. 9, 4, 3.
WHEEL. The punishment of the wheel was formerly to put a criminal on a wheel, and then to break his bones until he expired. This barbarous punishment was never used in the United States, and it has been abolished in almost every civilized country.
WHELPS. The young of certain animals of a base nature, or ferae naturae.
2. It is a rule that when no larceny can be committed of any creatures of a base nature, which are ferae naturae, though tame and reclaimed, it cannot be committed of the young of such creatures in the nest, kennel, or den. 3 Inst. 109; 1 Russ. on Cr. 153.
3. The owner of the land is, however, considered to have a qualified property in such animals, ratione impotentia. 2 Bl. Com. 394.
WHEN. At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 6 Ves. 243; 2 Meriv. 286.
2. The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. 7 Ves. 422; 9 Ves. 230 Coop. 145; 11 Ves. 489; 3; Bro. C. C. 471. For the effect of the word when in contracts and in wills in the French law, see 6 Toull. n. 520.
WHEN AND WHERE. These words are used in a plea when full defence is made the form is, "when and were it shall behove him." This acknowledges the jurisdiction of the court. 1 Chit. Pl. *414.
WHEREAS. This word implies a recital, and in general cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the terms of the general issue, or which may, by the established usage of pleading, be specially traversed, must be averred in positive and direct terms; but facts, however material, which are not directly denied by the terms of the general issue, though liable to be contested under it, and which, according to the usage of pleading, cannot be specially tra-versed, may be alleged in the declaration by way of recital, under a whereas. Gould, Pl. c. 43, 42; Bac. Ab. Pleas, &c., B. 5, 4; 2 Chit. Pl. 151, 178, 191; Gould, Pl. c. 3, 47.
WHIPPING, punishment. The infliction of stripes.
2. This mode of punishment, which is still practiced in some of the states, is a relict of barbarism; it has yielded in most of the middle and northern states to the penitentiary system.
3. The punishment of whipping, so far as the same was provided by the laws of the United States, was abolished by the act of congress of February 28, 1839, s. 5. Vide 1 Chit. Cr. Law, 796; Dane's Ab. Index, h. t.
WHITE PERSONS. The acts of congress which authorize the naturalization of aliens, confine the description of such aliens to free white persons.
2. This of course excludes the African race when pure, but it is not easy to say what shade of color or mixture of blood will make a white person.
3. The constitution of Pennsylvania, as amended, confines the right of citi-zenship to free white persons; and these words, white persons, or similar words, are used in most of the constitutions of the southern states, in describing the electors.
WHITE RENT, English law. Rents paid in silver, and called white rents or redditus albi, to distinguish them from other rents which were not paid in money. 12 Inst. 19. Vide Alba firma.
WHOLE BLOOD. Being related by both the father and mother's side; this phrase is used in contradistinction to half, blood, (q. v.) which is relation only on one side. See Blood.
WHOLESALE. To sell by wholesale, is to sell by large parcels, generally in original packages, and not by retail. (q. v.)