WAIVE - A term applied to a woman
as outlaw is applied to a man. A man is an outlaw,
a woman is a waive.
To abandon or forsake a right.
To waive signifies also to abandon without right;
as "if the felon waives, that is, leaves any
goods in his flight from those who either pursue him,
or are apprehended by him so to do, he forfeits them,
whether they be his own goods, or goods stolen by
him."
WAIVER - The relinquishment or refusal
to accept of a right.
In practice it is required of every one to take advantage
of his rights at a proper time and, neglecting to
do so, will be considered as a waiver. If, for example,
a defendant who has been misnamed in the writ and
declaration, pleads over, he cannot afterwards take
advantage of the error by pleading in abatement, for
his plea amounts to a waiver.
In seeking for a remedy the party injured may, in
some instances, waive a part of his right, and sue
for another; for example, when the defendant has committed
a trespass on the property of the plaintiff, by taking
it away, and afterwards he sells it, the injured party
may waive the trespass, and bring an action of assumpsit
for the recovery of the money thus received by the
defendant.
In contracts, if, after knowledge of a supposed fraud,
surprise or mistake, a party performs the agreement
in part, he will be considered as having waived the
objection.
It is a rule of the civil law, consonant with reason,
that any one may renounce or waive that which has
been established in his favor.
