1. An abandoned article whose owner is unknown, esp. something stolen and thrown away by the thief in flight, usu. through fear of apprehension. • At common law, if a waif, whether stolen or merely abandoned, was seized before the owner reclaimed it, the title vested in the Crown. The owner was thus punished for leaving the property or for failing to pursue the thief and attempting to recover the property. Today, however, the general rule is that a waif passes to the state in trust for the true owner, who may regain it by proving ownership.
“Waifs, bona waviata, are goods stolen, and waived or thrown away by the thief in his flight, for fear of being apprehended. These are given to the king by the law, as a punishment upon the owner, for not himself pursuing the felon, and taking away his goods from him. And therefore if the party robbed do his diligence immediately to follow and apprehend the thief (which is called making fresh suit) or do convict him afterwards, or procure evi-dence to convict him, he shall have his goods again.” 1 William Blackstone, Commentaries on the Laws of England 286–87 (1765).
2. Hist. A homeless person, esp. a woman or child; a social outcast. See WAIVERY.“[In the thirteenth century] a woman, though she cannot be outlawed, can be ‘waived,’ declared a ‘waif,’ and ‘waiver’ seems to have all the effects of outlawry.” 1 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward I 482 (2d ed. 1898).
