Legal Definitions - waif

The term "waif" has two distinct meanings, one referring to abandoned property and the other, historically, to a person.

• 1. Abandoned Article: In a legal context, particularly historically, a waif referred to an article of property that was abandoned, especially goods stolen by a thief and then discarded during flight, often out of fear of being caught. At common law, if such an item was found before the true owner reclaimed it, ownership would typically transfer to the Crown. Modern law, however, generally holds such items in trust for the rightful owner, who can reclaim them by proving ownership.
• Example 1: A burglar, fleeing a house, drops a stolen antique watch in a public park. A park maintenance worker discovers the watch several hours later.

  Explanation: The watch, having been stolen and then discarded by the thief in flight, would historically be considered a waif. Under modern principles, authorities would likely hold it, attempting to identify and return it to its rightful owner.

• Example 2: After a shoplifting incident, a thief discards a designer handbag they had just stolen into a dumpster behind the store. The bag is later found by an employee.

  Explanation: This stolen handbag, thrown away by the thief, fits the description of a waif. It is an abandoned article whose owner (the store or the person from whom it was stolen) is unknown to the finder at the moment of discovery.

• Example 3: A valuable piece of jewelry is found by a pedestrian lying on a sidewalk, with no apparent owner nearby or any indication of how it got there. Despite inquiries, the owner cannot be immediately identified.

  Explanation: Although not necessarily stolen, this lost and abandoned jewelry, with an unknown owner, could also be considered a waif in the broader sense of abandoned property. Authorities would typically take possession and attempt to locate the owner.

• 2. Historical Homeless Person: Historically, a waif also referred to a homeless person, particularly a woman or child, who was abandoned, destitute, or considered a social outcast. In some historical legal systems, a woman could be "waived," meaning she was declared a waif and effectively lost legal protections and rights, similar to the legal status of an outlaw.
• Example 1: In 19th-century London, a young girl whose parents had died was left with no family or home, forced to beg for food and shelter on the streets.

  Explanation: This child, being homeless, abandoned, and destitute, embodies the historical meaning of a waif as a vulnerable, outcast person.

• Example 2: During a period of severe famine in a medieval village, a woman who lost her entire family and all her possessions was forced to wander from town to town, with no fixed abode or community ties.

  Explanation: This woman, stripped of her home and social standing, would have been considered a waif, a person without a place in society.

• Example 3: In a historical legal context, a woman accused of a serious crime, who then fled her community and was subsequently declared "waived" by the authorities, losing her legal rights and protections.

  Explanation: Here, the term refers to the legal process of "waiver," where a woman was declared a waif, effectively becoming an outcast with diminished legal standing, as mentioned in historical legal texts.