WAGES, contract. A compensation given to a hired person for his or her services. As to servants wages, see Chitty, Contr. 171 as to sailors' wages, Abbott on Shipp. 473; generally, see 22. Vin. Abr. 406; Bac. Abr. Master, &c., H; Marsh¹. Ins. 89; 2 Lill. Abr. 677; Peters' Dig. Admiralty, pl. 231, et seq.

WAIFS. Stolen goods waived² or scattered⁴ by a thief in his flight in order to effect his escape.

2. Such goods by the English common law belong to the king. 1 Bl. Com. 296; 5 Co. 109; Cro. Eliz. 694. This prerogative⁵ has never been adopted here against the true owner, and never put in practice against the finder, though against him there would be better reason for adopting it. 2 Kent, Com. 292. Vide Com. Dig. h. t.; 1 Bro. Civ. Law, 239, n.

WAIVE³. A term applied⁶ to a woman as outlaw⁷ is applied to a man. A man is an outlaw, a woman is a waive. T. L., Crabb's Tech. Dict. h. t.

To WAIVE. To abandon or forsake⁸ a right.

2. To waive signifies also to abandon without right; as "if the felon⁹ waives¹⁰, that is, leaves any goods in his flight from those who either pursue him, or are apprehended¹¹ by him so to do, he forfeits¹² them, whether they be his own goods, or goods stolen by him." Bac. Ab . Forfeiture¹³, B.

WAIVER., The relinquishment¹⁴ or refusal to accept of a right.

2. In practice it is required of every one to take advantage of his rights at a proper time and, neglecting to do so, will be considered as a waiver. If, for example, a defendant¹⁶ who has been misnamed in the writ¹⁷ and declaration, pleads over, he cannot afterwards take advantage of the error by pleading in abatement¹⁸, for his plea amounts to a waiver.

3. In seeking for a remedy the party injured may, in some instances, waive a part of his right, and sue for another; for example, when the defendant has committed a trespass¹⁹ on the property of the plaintiff, by taking it away, and afterwards he sells it, the injured party may waive the trespass, and bring an action of assumpsit for the recovery of the money thus received by the defendant. 1 Chit. Pl. 90.

4. In contracts, if, after knowledge of a supposed fraud, surprise or mistake, a party performs the agreement in part, he will be considered as having waived the objection. 1 Bro. Parl. Cas. 289.

5. It is a rule of the civil law, consonant²⁰ with reason, that any one may renounce²¹ or waive that which has been established in his favor: Regula est juris antique omnes licentiam habere his quae pro¹⁵ se introducta sunt, renunciare. Code 2, 3, 29. As to what will amount to a waiver of a forfeiture, see 1 Conn. R. 79; 7 Conn. R. 45; 1 Jo Cas. 125; 8 Pick. 292; 2 N. H, Rep. 120 163; 14 Wend. 419; 1 Ham. R. 21. Vide Verdict.