WAKENING, Scotch¹ law. The revival² of an action.

2. An action is said to sleep, when it lies over, not insisted on for a year in which case it is suspended. 4, t. 1, n. 33. With us a revival is by scire facias. (q. v.)

WALL. A building or erection so well known as to need no definition. In general a man may build a wall on any part of his estate, to any height he may deem proper, and in such form as may best accommodate him; but he must take care not to erect³ a wall contrary to the local regulations, nor in such a manner as to be injurious to his neighbors. See Dig. 50, 16, 157. Vide Party Wall.

WANTONNESS, crim. law. A licentious⁴ act by one man towards the person of another without regard to his rights; as, for example, if a man should attempt to pull off another's hat against his will in order to expose him to ridicule⁶, the offence would be an assault, and if he touched him it would amount to a battery. (q. v.)

2. In such case there would be no malice⁷, but the wantonness of the act would render the offending party liable to punishment.

WAPENTAKE. An ancient word used in England as synonymous with hundred. (q. v.) Fortesc. De Laud⁸. ch. 24.

WAR. A contention⁹ by force; or the art of paralysing the forces of an enemy.

2. It is either public or private. It is not intended here to speak of the latter.

3. Public war is either civil or national. Civil war is that which is waged between two parties, citizens or members of the same state or nation. National war is a contest between two or more independent nations) carried on by au-thority of their respective governments.

4. War is not only an act, but a state or condition, for nations are said to be at war not only when their armies are engaged, so as to be in the very act of contention, but also when, they have any matter of controversy¹⁰ or dispute subsisting¹¹ between them which they are determined¹² to decide by the use of force, and have declared publicly, or by their acts, their determination so to decide it.

5. National wars are said to be offensive or defensive¹³. War is offensive on the part of that government which commits the first act of violence; it is defensive on the part of that government which receives such act; but it is very difficult to say what is the first act of violence. If a nation sees itself menaced with an attack, its first act of violence to prevent such attack, will be considered as defensive.

6. To legalize a war it must be declared by that branch of the government entrusted¹⁴ by the constitution with this power. Bro. tit., Denizen¹⁵, pl. 20. And it seems it need not be declared by both the belligerent¹⁶ powers. Rob. Rep. 232. By the constitution of the United States, art. 1, s. 7, congress are invested with power "to declare war, grant letters of marque and reprisal¹⁷, and make rules concerning captures on land and water; and they have also the power to raise and support armies, and to provide and maintain a navy." See 8 Cranch, R. 110, 154; 1 Mason, R. 79, 81; 4 Binn. R 487. Vide, generally, Grot. B, 1, c. 1, s. 1 Rutherf. Inst. B. 1, c. 19; Bynkershoeck, Quest. Jur. Pub. lib. 1, c. 1; Lee on Capt. c. 1; Chit. Law of Nat. 28; Marten's Law of Nat. B. 8, c. 2; Phil. Ev. Index, h., t. Dane's Ab. Index, h. i.; Com. Dig. h. t. Bac. Ab. Prerogative¹⁸, D 4; Merl. Repert. mot Guerre; 1 Inst. 249; Vattel, liv. 3, c. 1, §1; Mann. Com. B. 3, c. 1.

WARD⁵, domestic relations. An infant placed by authority of law under the care of a guardian¹⁹.

2. While under the care of a guardian a ward can make no contract whatever binding²⁰ upon him, except for necessaries. When the relation of guardian and ward ceases, the latter is entitled to have an account of the administration of his estate from the former. During the existence of this relation, the ward is under the subjection of his guardian, who stands in locoparentis.