bond may well take security, 19. Payment on a contingency, 20. Interest paid quarterly not usurious, 22. Discharging a chose in action not usury, 24. Contract not usurious to guard against change of value or to buy stock to be transferred at a future day below its value, 25. V, ch. 153, a. 6. Massachusetts statutes against usury; material parts of them; of March 16, 1784; of June 19, 1788, 1 to 6. In Pennsylvania a creditor recovers principal and legal interest, 7. But incurs a penalty for usury, 7. V, ch. 153, a. 7. Cases in Massachusetts; the oath on the statute is only between the original parties to the contract, 1, 4. Plea amended, 2. General issue not withdrawn to let in the plea of usury, 3. Endorser, when a witness or not, 5. Borrower is a witness on an indictment for usury, 7; other points, 7. Note void for usury in the endorsee's hands, 7; other cases, 8 to 25. V, ch. 153, a. 8. Pleas in usury; is in evidence on non assumpsit; must be pleaded in cases of specialty, 1, 2. Substance of the plea, 3; of the replication, 3; of the rejoinder &c., 4. How stated, 5 to 7. V, ch. 153, a. 9. Evidence in cases of usury, 1 to 6. VI, ch. 189, a. 2. 4. Surety not affected by usury. VI, ch. 179, a. 18. Other cases of usury, and the principles thereof, 1 to 19; and a case, vi, ch. 178, a. 14. 22. V, ch. 143, a. 5. Maine Bank v. Butts. It is not usury to deduct interest at the commencement of the loan, 1. VII, ch. 211, a. 10, Usury, how indictable. How to be stated, iv, ch. 179, a. 18. 10; v, ch. 153, a. 10, cases in Connecticut and New York. UTENSILS of household not liable for taxes, v, ch. 136, a. 15. V, ch. 136, a. 3. Ut res magis valeat quam pereat. UTLEGARY. See Outlawry. WAGER, i, ch. 9, a. 9. Action lies for the winner against the stakeholder, 2. II, ch. 56. Wagers; plt. has assumpsit when entitled to recover money of the deft. on account of a wager. II, ch. 56, a. 1. General principles; some wagers legal, some not, as those injurious to third persons, or disturb the peace, against morality, sound policy; on one side only, not uncertain, 1 to 5. II, ch. 56, a. 2. English cases; a wager, a decree in chancery would be reversed with one not concerned, as judge &c. is valid, 1. And generally unless the motive be turpis causa, 1. No wager is valid between two indifferent persons as to the sex of a third, 2. Nor one that affects the interest or feelings of third persons, 2. One that A has bought a certain waggon is good, 3. One as to a horse race is void, 4. Void on one side is so on both, 5. Wager illegal as to a horse race, though the winner cannot recover it, yet if paid it cannot be recovered back, 6; i, ch. 13, a. 2. 2. On an il legal wager, as about boxing, either party may recover his deposit from the stakeholder, 7. If legal, the winner recovers all from him, 8. Void if illegal one side, 9. One as to any part of the public revenue is illegal, 10. So as to the mode of play, 11. So between two voters, 12. As to recovering back, 13. II, ch. 56, a. 3. American cases; a bet laid after an election as to the event of it is void, 1. And a negotiable note given for it is void in the hands of an innocent endorsee, 1. An action for a wager is maintainable at common law, 2. United States right to excise duties tried on, 3. Wager contract is void, 2. And insurance of a lottery ticket against law, 2. But the insured is not in pari delicto, 2. So one may keep the illegal wager &c. if paid, 2. Shooting at marks legal, 4. W. WAGERING policy void at common law, ii, ch. 40, a. 18, a. 23; cases. WAGER of law. Never any in this State, i, ch. 29, a. 8. Nature of, v, ch. 139, a. 1. 2. In the Colony no wager of law was allowed to an officer who took unlawful fees, v, ch. 144, a. 15. WAGES of seamen; cannot be insured; Webster's case, ii, ch. 40, a. 4. 1. How assignable to a creditor earned or to be earned, i, ch. 24, a. 3. 2. Remedy for them in the admiralty, also on contract, ii, ch. 57; and cases in which they lose them, id. 3. II, ch. 57, a. 1. Cases in Massachusetts; on contract not to receive wages till the vessel returns, how construed, 1. Time in port, how divided; special contract of a seaman construed as contracts are in other cases, 2. When a seaman may leave the ship, 2. If in a shipwreck enough be saved to pay their wages, they are entitled; look to the owners for them, not to the insurers; owners pay and recover of them, 3. Have a lien on the property saved, Are contingent and not attachable in a trustee action, till the vessel arrives at her port of unlading, 4. Vessel captured, but finally carries her freight, seamen have wages, 5, So if kept from her without cause; no difference if the owners abandon, 5. Master of a lighter in Boston harbour under twenty tons is not a mariner, 6. What acts incur the penalty in the act of Congress, 7. A master of a vessel captured and condemned abroad not allowed to keep his mate and seamen on board at his owner's expense in case &c., 8. Due to one kept as a hostage on the master's promise, 9; (a. 2. 10.) Several references, 9. Security given that a seaman shall do duty in a United States gun-boat, they alone can sue him, 10. A seaman shipped before the master is appointed, may sue him 11. Master impliedly assumed the contract, 11. A contracts to sell a vessel to B and delivers her, B is liable for the seaman's wages afterwards accruing, 12. Where a seaman goes on board another vessel as a volunteer, 13. If a vessel be condemned for violating foreign municipal laws, seamen, after, lose their wages, 14. Lost in cases of capture, 15. Vessel turned from her destined port goes to another and delivers all or any part of her cargo, this becomes her port of discharge, 16. Master liable for seamen's wages if he admits them on board, though hired by the owner, 17; and a. 2. 22. II, ch. 57, a. 2. When wages are due, 1. When the ship arrives at her port of discharge &c., 1. None if lost before, 1. No freight no wages, 1. Not any for services done in a prize at the deft's. request, 2. Master appoints the seamen, 3. Contract made on land with a view to a voyage may be sued in the admiralty, 4. All the seamen may join in the admiralty and the ship is liable, 5. But a special agreement or one under seal is not suable in the admiralty, 5. Mate sues there, 5. Has no jurisdiction of the master's wages, 6. Freight is the mother of wages, 6. So if freight be due, wages are, 6. What is a port of delivery, 6. Enough she earns money in the nature of freight, 6. arrived not at her port of delivery, 6. No wages while loading or unloading, 7. If the ship be seized for the owner's fault wages are due, 8. Not if the ship be cast away or taken by pirates, 9. Capture defeats the right to wages, 11. Secus, if sentence be reversed mariner contracts with the ship, the master with the owner; and all officers but the master may sue in the admiralty against the ship if the services be at sea, or with a view to a voyage, 13. Sailors are held if they agree not to sue abroad, 14. If a ship be captured, freight out and home, and on her return taken, they have their wages out &c., 14. Seamen employed to try a ship may sue in the admiralty, 15. Wages due if a ship unload at a port of necessity, 16. If mariners to take wages only at a certain port or ports, they are bound, 17. A sick seaman left behind has wages, 18. A ship seized and seamen imprisoned six months in Russia, but she finally earned her freight, wages due, 19. So on capture and recapture, 20. Wages allowed in proportion as freight was earned, 21. Though she d; A seaman dismissed without fault has his wages, 21. Rest no increase of, though an increase of duty, 21. Seamen liable for embezzlement or not, 23. Have wages if the capture be by the master's fraudulent conduct, 24. No freight earned no wages; but seamen may have a reasonable lien on goods saved, 25. As a compensation in the nature of salvage, 25. Special contract for wages not rescinded, seamen must sue on it, 26. Seamen may sue for balances of wages, 27. A A passenger entitled to salvage instead of wages, 28. II, ch. 57, a. 3. Act of Congress, July 20, 1790; as to seamen's wages; material parts of it, 1. No wages due if a particular sum be agreed for the voyage and the seaman die on it, 3. 7 &c. No wages See Impressing &c. WAIF, what, iii, ch. 76, a. 7. 21. King could in the Colonies; belong to the first finder. never claim this WAINSCOT work is a fixture, iv, ch. 133, a. 3. 2. WAIVER of forfeiture, of notice, of deeds, iv, ch. 122, a. 2.2. See Deeds &c. Of torts. See Torts. One to be bound by waiver of notice on bills &c. must know all the circumstances of the case, i, ch. 20, a. 10. 55. Other cases as to bills and notes, a. 10. 7, 9, 23. V, ch. 139, a. 8. 2, 3. In Pleading, iii, ch. 79, a. 10. 24 &c. What not a waiver of notice to quit. Not pleading usury in time. See Usury. Of a devise, iv, ch. 132, a. 8. 12; of a trespass, iv, ch. 132, a. 7. 8; of notice to quit, iv, ch. 133, a. 4. 15; v, ch. 137, a. 4. 15; a. 10. 2; a. 12. 6; of pleas in abatement. See Abatement. Not a waiver, v, ch. 146, a. 7. 3; v, ch. 176, a. 9. 2. WAND of a tythingman, where not required, iv, ch. 198, a. 8. 14. WAR, certain material articles of, stated, vi, ch. 200, a. 7. What is war &c., id. Prisoners of, when triable by municipal law, vi, ch. 187, a. 17. 18. WARDEN ACT, or act for the due observation of the Lord's day. See Lord's Day. WARDSHIPS, v, ch. 148, a. 9. Our estates free from, by a Colony law passed at a very early period. WAREHOUSE; trespass for breaking one, separate from a dwelling house, v, ch. 172, a. 4. 4. WARNING. Warning inhabitants to meet in corporate meetings, v, ch. 172, a. 6. 3. WARRANT does not imply an instrument underseal, vii, ch. 217, a. 3. 1. Nature of a warrant and object of it, 1. Regularly granted by justices of the peace, 2. To arrest may be on suspicion of guilt, 2. How formed; what ought to be done before it issues, 2. Indefinite one void, 2. Where a justice may make a warrant without naming the persons to be arrested, 3. Backing warrants, 4. To whom directed, 5. The manner of executing a warrant, 6. Material parts of a warrant, 7. The gaol must be specified, 8. Generally cannot be directed to a private person, 9. Species of treason need not be mentioned, 10. Where two are to do a judicial act as to issue a warrant to arrest a bankrupt, it is enough they be together to do the principal acts, 11. By statute a warrant not under seal may be valid, 12. Where it must be shewn, 13. Construction of a warrant, 14. No arrest before a warrant made, 15. If the deft. justify an assault under a warrant generally, he must plead specially, iii, ch. 75, a. 2. 16. VI, ch. 193, a. 27. Warrant to search. To arrest, a. 27. Of commitment, vii, ch. 220, a. 3. See Commitment. Where a justice acts ministerially in issuing one, ii, ch. 60, a. 2. 3. Of attorney. See Attorney. WARRANTIA CHARTE; nature and use of this writ; where used, iv, ch. 124, a. 1; iv, ch. 115, a. 116; a. 11. 5. See Voucher, iv, ch. 124, a. 4. 5. WARRANTEE need not wait eviction by suit, but may submit to a good title against him &c., iv, ch. 120, a. 3. 11. See Warranty. WARRANTOR. Notice to appear and defend. See Voucher, iv, ch. 214. Is a witness when there is no claim under his warranty, iii, ch. 90. A grantor, who does not warrant, is a witness to prove fraud &c., iii, ch. 90, a. 11. 17. Is a witness for the plt. when released by him, iii, ch. 96, a. 4. 1. How liable on his warranty. See Voucher, iv, ch. 124; and Covenant of Warranty, iv, ch. 115 &c. WARRANTY, iv, ch. 115, a. 1. Covenant of seizin, of warranty, of right, and against incumbrances; general principles. Grantor's usual covenant in our deed, 1. General and special warranty, 1. Of executors &c., 1. No statutes have been passed in this State as to warranties, or real covenants as such, 1, Word warrant necessary, 1. A conveyance is perfect without warranty. 1 In each case the contract is strictly a covenant; no recovery over as stated, (iv, ch. 124,) 2. Principles of these covenants considered, 3. How one may warrant, 3; and what, 3. Warranty must be on the sale, 4. Annexes only to things in being when made, 4. But exceptions, 4. Warranty binds no longer than the estate exists to which annexed, 5. If one warrant with a minor, he warrants all, 5. Collateral warranty at common law, how viewed, 6. May be noticed in evidence or by rebutter, 6. Warranties what, and the several kinds, 7. Is a covenant real &c., 7. Operation of them, and to what estates annexed, 7. Only to freehold, 7. Collateral, a hard contract, 8. A warranty always descended to the heir of warrantor and warrantee, 9. Warranty lineal described, 10. Collateral warranty described, 11. Where a warranty is lineal and collateral, 12. Warranty by disseizin described, 13. Where one is such fraudulently, 14. How lineal and collateral warranty bound the heir on real or presumed assets, 15. At common law every warranty descending on an heir rebutted or barred him, 16. Cestui que use may claim on a warranty, 17. Effect of a warranty, 17. What a warranty as to goods, 18. Collateral warranty an estoppel, 19. 4 Anne, c. 16, not adopted in Pennsylvania, 19. IV, ch 115, a. 2. Alterations by statutes; British; material parts of 6 Ed. I. 3; of 11 H. VII. 20; of 3 and 4 of Anne, c. 16; quære, if this be adopted here, 6. A wife may warrant in a VOL. VIII. 70 |