WAR 
W A S 
W A T 
But in cases where the king is not a party, 
or where no corporal punishment is appoint- 
ed, as in cases for servants’ wages and the 
like, it seems that a summons is the more 
proper process; and for default of appear- 
ance, the justice may proceed; and so in- 
deed it is often directed by special statutes. 
A warrant from any of the justices of the 
court of king’s bench extends over all the 
kingdom, and is tested or dated England ; 
but a warrant of a justice of peace in one 
county, must be backed, that is, signed, by a 
justice of another county, before it can be 
executed there. And a warrant for appre- 
hending an English or a Scotch offender, 
may be indorsed in the opposite kingdom, 
and the offender carried back to that part of 
the united kingdom in which the offence was 
committed. 4 Black. 291. 
Warrant of attorney, is an authority and 
power given by a client to his attorney, to 
abpea'r and plead for him; or to suffer judg- 
ment to pass against him by confessing the 
action, by nil dicit, non sum informatus, &c. 
And although a warrant of attorney given by 
a man iii custody to confess a judgment, no 
attorney being present, is void as to the 
entry of judgment ; yet it may be a good 
warrant to appear and file common bail. 2 
Lit. Abr. 629. 
WARRANTIA CHARTiE, a writ that 
lies where a man is enfeoffed of lands with 
warranty, and then he is sued or impleaded. 
And if the feoffee is impleaded in assize, or 
other action, in which he cannot vouch or 
call to warranty, he shall have this writ 
against the feoffer, or his heirs, to compel 
them to warrant the land to him ; and if the 
land is recovered from him, he shall recover 
as much lands in value against the warrantor, 
Ac. ; but the warrantia charts ought to be 
brought by the feoffee, depending the first 
writ against him, or he has lost his advan- 
tage. F. N.B. 134. 
WARRANTIA DILI, a writ lying in 
cases where a man, having a day assigned 
personally to appear in court to any action 
wherein he is sued, is in the mean time em- 
ployed in the king’s service, so that he can- 
not come at the day assigned. This writ is 
directed to the justices to this end, that they 
neither take nor record him in default for that 
day. 
WARRANTY, a promise or covenant by 
deed, made by the bargainor, for himself and 
his heirs, to warrant or secure the bargainee 
and his heirs against all men, for the enjoying 
any thing agreed on between them. 
Warranty is either real or personal ; real, 
when it is annexed to lands or tenements 
granted for life, &c. And this is either in 
deed, as by the word warranted expressly ; 
or in law, as by the word dedi, or some other 
amplification. Personal, which either re- 
spects the property of the thing sold, or the 
quality of it. Cowel. 
Warranties in their more general divisions 
are of two kinds ; first, a warranty in deed, 
or an express warranty, which is when a fine, 
or feoffment in fee, or a lease for life, is made 
by deed, which has an express clause of war- 
ranty contained in it; as when a conusor, 
feoffor, or lessor, covenants to warrant the 
land to the conusee, feoffee, or lessee ; se- 
condly, a warrant in law, or an implied •war- 
ranty, which is, when it is not expressed by 
the party, but tacitly made and implied by 
the law. I Inst. 365. 
A warranty in deed is either lineal or col- 
lateral. A lineal warranty is a covenant real, 
annexed to the land by him, who either was 
owner of or might have inherited the land, 
and from whom his heir lineal or collateral, 
might possibly have claimed the land as heir 
from him that made the warranty. A col- 
lateral warranty is made by him that had no 
right, or possibility of right, to the land, and 
is collateral to the title of the land. 1 Inst. 
370. 
WARREN, is a franchise or place privi- 
leged, by prescription or grant from the king, 
for the keeping of beasts and fowls oi the 
warren; which are coneys, partridges, phea- 
sants, and some add quails, woodcocks, and 
water-fowl. 1 Inst. 233. 
These were looked upon as royal game, 
and the franchise of free warren was invented 
to protect them, by giving the grantee a sole 
and exclusive power of killing such game, so 
far as his warren extended, on condition of 
his preventing other persons ; for, by the 
common law, no man, not even a lord of a 
manor, could justify killing game on another 
man’s soil, unless he had the liberty of free 
warren. 2 Black. 39. 
Warren, rabbit. In setting up a warren, 
great caution is to be used for the fixing upon 
a proper place, and a right situation. It 
should always be upon a small ascent, and 
exposed to the east or the south. The soil 
that is most suitable, is that which is sandy ; 
for when the soil is clayey or tough, the rab- 
bits find greater difficulty in making their 
burrows, and never do it so well; and if the 
soil is boggy or moorish, there would be very 
little advantage from the warren, for wet is 
very destructive of these animals. 
All due precautions must be taken, that 
the warren may be so contrived, that the rab- 
bits may habituate themselves to it with ease. 
Many would have it that warrens should be 
enclosed with walls ; but this a very expen- 
sive method, and seems not necessary or ad- 
visable; for we find but very few that are 
so, and those do not succeed at all the better 
for it. 
WART. See Surgery. 
WASH, among distillers, the fermentable 
liquor used by the malt-distillers. See Dis- 
tillation. 
WASHING, in design. See Water- 
colours. 
WASP. See Vespa. 
WASTE, is the "committing any spoil or 
destruction in houses, lands, &c. by tenants, 
to the damage of the heir, or of him in re- 
version or remainder ; whereupon the writ or 
action of waste, is brought for the recovery 
of the thing wasted, and damages for the waste 
done. 5 Bac. Abr. 459. 
There are two kinds of waste, voluntary 
or actual, and negligent or permissive. Vo- 
luntary waste may be done by pulling down 
or prostrating houses, or cutting down timber 
trees; negligent waste may be, by suffering 
a house to be uncovered, by which the spars 
or rafters, planches, or other timber of the 
house, are rotten. 1 Inst. 53. 
A writ of waste, to punish the offence after 
it has been committed, is an action partly 
founded upon the common law, and partly 
upon the statute of G loucester ; and may be 
brought by him that has the immediate estate 
- " 5 
of inheritance in reversion or remainder, > 
against the tenant for life, tenant in dower, j 
tenant by the courtesy, or tenant for years. | 
3 Black. 227. 
This action of waste is a mixed action;. I 
partly real, so far Us it recovers- land, and | 
partly personal, so far as it recovers damages : | 
for it is brought for both those purposes ; and j 
if the waste is proved, the plaintiff shall re- | 
cover the thing or place wasted, and also I 
treble damages by the said statute. 6 Ed. I. 
c. 5. 
The writ of waste, calls upon the tenant to 
appear and shew cause why lie has committed 
waste and destruction in the place named, to 
the dishersion of the plaintiff. And if the de- 
fendant makes default, or does not appear at 
the day assigned him, then the sheriff is to 
take with him a jury of twelve men, and go in 
person to the place alleged to be wasted, and 
there enquire of the waste done, and the da- 
mages ; and make a return or report of the 
same to the court, upon which report the 
judgment is founded. 3 Black. 228. 
Waste of the forest, is properly where a 
man cuts down his own woods within the 
forest, without licence of the king or lord 
chief justice in eyre. 
Waste is also taken for those lands which 
are not in any man’s occupation, but lie com- 
mon. 
They seem to be so called, because the 
lord cannot make such profit of them as of 
his other lands, by reason of the use others 
have thereof, for passing to and fro. Upon 
this none may build, cut down trees, dig, &c. 
without the lord’s licence. 
WATCH, in the art of war, a number of 
men posted at any passage, or a company of 
the guards who go on the patrole. At sea, 
the term watch denotes a measure or space of 
four hours, because half the ship’s company 
watch and do duty in their turns, so. long at a ‘ 
time ; and they are termed starboard w atch, 
and larboard watch. 
Watch and ward. Watching is pro- ■ 
perly intended in the night, and warding for 
the day time. Dalt. 104. 
Persons aggrieved by assessments for watch 
and ward, may appeal to the mayor. 11 G. 
1. c. 18. 
Watch is also used for a small portable 
movement or machine for the measuring of 
time, having its motion regulated by a spiral 
spring 
Watches, strictly taken, are all such move- \ 
ments as shew the parts of time ; as clocks j 
are such as publish it, by striking on a bell, 
&c. But, commonly, the name watch is. ap- 
propriated to such as are carriedin the pocket, 
and clock to the large movements, whether 
they strike or not. See Clock. 
The several members ot the watch part 
are : 1. The balance, consisting of the rim, 
which is its circular part ; and the verge, 
which is its spindle, to which belong the two 
pallets or levers that play in the teeth of the 
crown-wheel. 2. The potence, or pottance, 
which is the strong stud in pocket-watches, 
whereon the lower pivot of the verge plays, 
and in the middle of which one pivot of the 
balance-wheel plays ; the bottom of the po- 
tence is called the foot, the middle part the 
nose, and the upper part the shoulder. 3. The 
cock, which is the piece covering the ba- 
lance. 4. The regulator, or pendulum- spring. 
