WHEN. At which time, in wills, standing¹ by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 6 Ves. 243; 2 Meriv. 286.

2. The context of a will may show that the word when is to be applied² to the possession only, not to the vesting of a legacy³; but to justify⁴ this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. 7 Ves. 422; 9 Ves. 230 Coop. 145; 11 Ves. 489; 3; Bro. C. C. 471. For the effect of the word when in contracts and in wills in the French law, see 6 Toull. n. 520.

WHEN AND WHERE. These words are used in a plea when full defence is made the form is, "when and were it shall behove him." This acknowledges the jurisdiction⁵ of the court. 1 Chit. Pl. *414.

WHEREAS. This word implies a recital⁶, and in general cannot be used in the direct and positive averment of a fact in a declaration or plea. Those facts which are directly denied by the terms of the general issue, or which may, by the established usage of pleading, be specially⁷ traversed, must be averred⁸ in positive and direct terms; but facts, however material, which are not directly denied by the terms of the general issue, though liable to be contested under it, and which, according to the usage of pleading, cannot be specially tra-versed, may be alleged⁹ in the declaration by way of recital, under a whereas. Gould, Pl. c. 43, §42; Bac. Ab. Pleas, &c., B. 5, 4; 2 Chit. Pl. 151, 178, 191; Gould, Pl. c. 3, §47.

WHIPPING, punishment. The infliction¹⁰ of stripes.

2. This mode of punishment, which is still practiced in some of the states, is a relict of barbarism; it has yielded in most of the middle and northern states to the penitentiary¹¹ system.

3. The punishment of whipping, so far as the same was provided by the laws of the United States, was abolished by the act of congress of February 28, 1839, s. 5. Vide 1 Chit. Cr. Law, 796; Dane's Ab. Index, h. t.