Legal Dictionary of Pakistan

waif

, n. A stolen article thrown away by a thief in flight, usu. through fear of apprehension. ( At common law, the rule was that if a waif is seized by a public officer or private person before the owner reclaims it, the title vests in the Crown, but today 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 wauiata, 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 evidence to convict him, he shall have his goods again." 1 William Blackstone, Commentaries on the Laws of England 286-87 (1765).