WITNESS, AGED1. It has been laid down as a rule that to be considered an aged witness, a person must be at least seventy years old. See Aged Witness.
WITNESS, GOING. A going witness is one who is about to leave the jurisdiction2 of the court in which a cause is depending. See Going Witness.
WITNESS INSTRUMENTARY, Scotch3 law. He who has attested5 a deed or other writing.
2. When witnesses attest4 a deed without knowing the grantor, and seeing him subscribe6, or bearing him own his subscription7, and the deed happens to be forged, the witnesses are declared accessory to forgery8. Ersk. Pr. L. Scot, 4, 4, 37; 6 Hill, N. Y. Rep. 303.
WOMEN, persons. In its most enlarged sense, this word signifies all the females of the human species; but in a more restricted sense, it means all such females who have arrived at the age of puberty. Mulieris appellatione etiam virgo viri potens continetur. Dig. 50, 16, 13.
2. Women are either single or married. 1. Single or unmarried women have all the civil rights of men; they may therefore enter into contracts or engagements; sue and be sued; be trustees or guardians9, they may be witnesses, and may for that purpose attest all papers; but they are generally, not possessed10 of any political power; hence they cannot be elected representatives of the people, nor be appointed to the offices of judge, attorney at law, sheriff, constable11, or any other office, unless expressly authorized12 by law; instances occur of their being appointed post-mistresses nor can they vote at any election. Wooddes. Lect. 31; 4 Inst. 5; but see Callis, Sew. 252; 2 Inst 34; 4 Inst. 311, marg.
3. - 2. The existence of a married woman being merged13, by a fiction of law, in the being of her husband, she is rendered incapable14, during the coverture, of entering into any contract, or of suing or being sued, except she be joined with her husband; and she labors15 under all the incapacities above mentioned, to which single women are subject. Vide Abortion16; Contract; Divorce; Feminine; Foetus; Gender17; Incapacity; Man; Marriage; Masculine; Mother; Necessaries; Parties to Actions Parties to Contracts; Pregnancy18; Wife.
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