(单词翻译:单击)
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.
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standing
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n.持续,地位;adj.永久的,不动的,直立的,不流动的 | |
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2
applied
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adj.应用的;v.应用,适用 | |
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3
legacy
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n.遗产,遗赠;先人(或过去)留下的东西 | |
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4
justify
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vt.证明…正当(或有理),为…辩护 | |
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5
jurisdiction
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n.司法权,审判权,管辖权,控制权 | |
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6
recital
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n.朗诵,独奏会,独唱会 | |
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specially
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adv.特定地;特殊地;明确地 | |
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8
averred
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v.断言( aver的过去式和过去分词 );证实;证明…属实;作为事实提出 | |
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9
alleged
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a.被指控的,嫌疑的 | |
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10
infliction
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n.(强加于人身的)痛苦,刑罚 | |
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penitentiary
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n.感化院;监狱 | |
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