KFLCC Kingdom Law 2nd Ed.

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WARD

WALL

WAPENTAKE. In English law. A lo cal division of the country; the name is in use north of the Trent to denote a hundred. The derivation of the name is said to be from "weapon" and "take," and indicates that the division was originally of a mili tary character. Cowell; Brown. Also a hundred court. WAR. A state of forcible contention; an armed contest between nations; a state of hostility between two or more nations or states. Gro. de Jur. B. lib. 1, c. 1. Every connection by force between two nations, in external matters, under the au thority of their respective governments, is a public war. If war is declared in form, it is called "solemn," and is of the perfect kind; because the whole nation is at war with an other whole nation. When the hostilities are limited as respects places, persons, and things, the war is properly termed "imper fect war." Bas v. Tingy, 4 Dall. 37, 40, 1 L. Ed. 731. —Articles of war. See ABTICLE.— Civil war. An internecine war. A war carried on between opposing masses of citizens of the same country or nation. Before the declaration of independence, the war between Great Britain and the United Colonies was a civil war; but instantly on that event the war changed its na ture, and became a public war between independ ent governments. Hubbard v. Exp. Co., 10 R. I. 244; Brown v. Hiatt, 4 Fed. Cas. 387- Prize Cases, 2 Black, 667, 17 L. Ed. 459; Central R. & B. Co. v. Ward, 37 Ga. 515.—Laws of war. See LAW.—Mixed war. A mixed war is one which is made on one side by public au thority, and on the other by mere private per sons. People v. McLeod, 1 Hill (N. Y.) 377, 415, 37 Am. Dec. 328.—Private war. One between private persons, lawfully exerted by way of defense, but otherwise unknown in civil society. People v. McLeod, 25 Wend. (N. Y.) 576, 37 Am. Dec. 328.—Public war. This term includes every contention by force, between two nations, in external matters, under the au thority of their respective governments. Prize Cases, 2 Black, 666, 17 L. Ed. 459; People v. McLeod. 25 Wend. (N. Y.) 483, 37 Am. Dec. 328 —Solemn war. A war made in form by public declaration; a war solemnly declared by one state against another.— War-Office. In England. A department of state from which the sovereign issues orders to his forces. Whar ton. 1. Guarding; care; charge; as, the ward of a castle; so in the phrase "watch and ward." 2. A division in the city of London com mitted to the special ward (guardianship) of an alderman. 3. A territorial division is adopted in most American cities by which the munici pality is separated into a number of pre cincts or districts called "wards" for pur poses of police, sanitary regulations, preven tion of fires, elections, etc. 4. A corridor, room, or other division Of a prison, hospital, or asylum. 5. An infant placed by authority of law under the care of a guardian. The person over whom or over whose prop- WARD.

aa "ancient wall," "party-wall," "division wall," etc. —Common wall. A party wall; one which has been built at the common expense of the two owners whose properties are contiguous, or a wall built by one party in which the other has acquired a common right. Campbell v. Mesier, 4 Johns. Ch. (N. Y.) 342, 8 Am. Dec. 570. In old English law. A wall; a sea-wall; a mound, bank, or wall erected in marshy districts as a protection against the sea. Spelman. Beads made of shells, used as money by the North American Indians, and which continued current in New York as late as 1693. In Scotch law. A wand or staff carried by the messenger of a court, and which, when deforced, (that is, hindered from executing process,) he breaks, as a symbol of the deforcement, and protest for remedy of law. 2 Forb. Inst. 207. An ancient customary ten ure of lands; i. e., to drive deer to a stand that the lord may have a shot. Blount, Ten 140. In marine insurance. Ul lage; deficiency in the contents of a cask or vessel caused by leaking. Cory v. Boyl ston Fire & Marine Ins. Co., 107 Mass. 140, 9 Am. Eep. 14. A reckless or malicious and intentional disregard of the property, rights, or safety of others, implying, active ly, a licentious or contemptuous willingness to injure and disregard of the consequences to others, and, passively, more than mere negligence, that is, a conscious and inten tional disregard of duty. See Brasington v. South Bound R. Co., 62 S. C. 325, 40 S. E. 665, 89 Am. St Rep. 905; Louisville & N. R. Co. v. Webb, 97 Ala. 308, 12 South. 374; Branch v. State, 41 Tex. 625; Harward v. Davenport, 105 Iowa, 592, 75 N. W. 487; Trauerman v. Lippincott, 39 Mo. App. 488; Everett v. Richmond & D. R. Co., 121 N. C. 519, 27 S. E. 991; Birmingham Ry. & El. Co. v. Pinckard, 124 Ala. 372, 26 South. 880. Reckless sport; willfully unrestrained ac tion, running immoderately into excess. Cobb v. Bennett, 75 Pa. 330, 15 Am. Rep. 752. A licentious act by one man towards the person of another, without regard N to his rights; as, for example, if a man should at tempt to pull off another's hat against his will, in order to expose him to ridicule, the offense would be an assault, and if he touch ed him it would amount to a battery. Bou vler. BL.LAW DICT.<2D BD.)— 77 WALLIA. 'WAMPUM. WAND OF PEACE. WANLASS. WANTAGE. WANTON. Regardless of another's rights. See WANTONNESS. WANTONNESS.