WHARFINGER. One who owns or keeps a wharf¹, for the purpose of receiving and shipping² merchandise to or from it, for hire.

2. Like a warehouseman, (q.v.) a wharfinger is responsible for ordinary neglect, and is therefore required to take ordinary, care of goods entrusted³ to him as such. The responsibility of a wharfinger begins when he acquires, and ends when he ceases to have the custody⁴ of the goods in that capacity.

3. When he begins and ceases to have such custody depends generally upon the usages of trade and of the business. When goods are delivered at a wharf, and the wharfinger has agreed, expressly or by implication, to take the custody of them, his responsibility commences; but a mere⁵ delivery at the wharf, without such assent⁶, does not make him liable. 3 Campb. R. 414; 4 Campb. R. 72; 6 Cowen, R. 757. When goods are in the wharfinger's possession to be sent on board of a vessel⁷ for a voyage, as soon as he delivers the possession and the care of them to the proper officers of the vessel, although they are not actually removed, he is, by the usages of trade, deemed exonerated⁸ from any further responsibility. 5 Esp. R. 41; Story, Bailm. §453 Abbott on Shipp. 226; Molloy, B. 2. 2, s. 2; Roccus, Not. 88; Dig. 9, 4, 3.

WHEEL. The punishment of the wheel was formerly⁹ to put a criminal on a wheel, and then to break his bones until he expired. This barbarous punishment was never used in the United States, and it has been abolished in almost every civilized¹⁰ country.

WHELPS. The young of certain animals of a base nature, or ferae naturae.

2. It is a rule that when no larceny¹¹ can be committed of any creatures of a base nature, which are ferae naturae, though tame and reclaimed¹², it cannot be committed of the young of such creatures in the nest, kennel¹³, or den¹⁴. 3 Inst. 109; 1 Russ. on Cr. 153.

3. The owner of the land is, however, considered to have a qualified¹⁵ property in such animals, ratione impotentia. 2 Bl. Com. 394.