WAR 
the peace, and it seems clear, that where a 
statute gives any one justice a Jurisdiction 
over any offence, or a power to require any 
person to do a certain thing ordained by 
such statute, it impliedly gives a power to 
every such Justice to make out a warrant to 
bring before him any one accused of such 
offence, or compelled to do any thing or- 
dained by such statute; for it cannot 
but be intended, that a statute which 
gives a person Jurisdiction over an offence, 
means also to give him the power incident 
to all courts of compelling the party to come 
before him. But in cases where the King 
is not a party, or where no corporal punish- 
ment is appointed, as in cases for servants’ 
wages, and the like,, it seems that a sum- 
mons is the more proper process ; and for 
default of appearance the Justice may pro- 
ceed; and so indeed it is often directed by 
special statutes. A warrant from any one 
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 Jus- 
tice 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 apprehending an English or a 
Scotch offender may be indorsed in the op- 
posite kingdom, and the offender carried 
back to that part of the united kingdom in 
which the offence was committed. This is 
also now extended to Ireland, upon a pro- 
per certificate of an indictment or informa- 
, tion filed in .either country. 
Warrant of attorney, is an authority 
and power given by a client to his attorney 
to appear and plead for him; or to suffer 
judgment 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 in 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 com- 
mon bail. A w’arrant of attorney to con- 
fess a Judgment affords the best personal 
security that a creditor can have, and if to- 
gether with it a saleable lease is pledged, it 
is perhaps the best security that can be 
had. 
WARRANTY, a promise or covenapt by 
deed, made by the bargainer for himself 
and his heirs, to warrant or secure the bar- 
gainee 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 tene- 
ments granted for life, &c. and this is either 
WAS 
in deed, as by the words “ I warrant” ex- 
pressly ; or in law, as by the word dedi, “ I 
have given,” or some other amplification. 
Personal, which either respects the pro- 
perty of the thing sold, or the quality of it. 
Warranties in their more general divisions 
are of two kinds ; first, a warranty in deed, 
or an express warranty, which is when a 
fine, of feoffment in fee, or a lease for life, 
is )nade by deed, which has an express 
clause of warranty contained in it, as when 
a conusor, feoffer, or lessor, covenants to 
wari ant the land to the conusee, feoffee, or 
lessee ; secondly, a warranty in law, or an 
implied warranty, which is when it is not 
expressed by the party, but tacitly made 
and implied by the law. A warranty in 
deed is either lineal or collateral 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 fiom 
whom his heir lineal or .collateral might 
possibly have claimed the land as heir from 
him that made the warranty. A collateral 
warranty is made by him that had no right, 
or possibility of right, to the land, and is col- 
lateral to the title of the land. On a sale of 
goods, tlie seller by implication warrants 
that he has a good title to them. See In- 
surance. 
WARREN, a franchise, or place privi- 
leged either by prescription or grant from 
the king, to keep beasts and fowl of warren 
in ; as rabbits, hares, partridges, pheasants, 
&c. 
WASH, among distillers, the fermentable 
liquor used by the malt distillers. 
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. There are two kinds of waste, 
voluntary or actual, and negligent or per- 
missive. Voluntary waste may be done by 
pulling down or prostrating houses, or cut- 
ting down timber trees : negligent waste 
may be, by suffering an house to be unco- 
vered; whereby the spars or rafters, plan- 
ches, or other timber of the house, are rot- 
ten, or by not properly repairing. A writ 
of waste, to punish the offence after it has 
been committed, is an action partly found- 
ed upon the common law, and partly upon 
the statute of Gloucester, and may be 
brought by him that has the immediate state 
of inhej-itance in reversion or remainder 
