Assuredly Butler did not mean to give him his right of speaking about moral evil and good when he waived the " high priori method of vindicating their real existence.
A breach of condition may, however, be waived by the landlord, and the legislature has made provision for the relief of the tenant from the consequences of such breaches in certain cases.
A forfeiture is also waived if the landlord elects not to take advantage of it - and shows his election either expressly or impliedly by some act, which acknowledges the continuance of the tenancy, e.g.
Forfeiture only renders a lease void as regards the lessee; it may be waived by the lessor, and acceptance by the landlord of rent due after forfeiture, with notice of such forfeiture.
The right of levying seigniorage, however, was sometimes waived by the king to encourage his subjects to bring gold and silver to the mint, and several instances are recorded in which the aid of alchemists was called in to effect the transmutation of baser metals into gold.
Where there is no will or its provisions are waived, the right of a widow, in addition to her dower and homestead rights, in the personal estate of a deceased husband is the same as that of a widower, in addition to his estate by courtesy and homestead right, in the personal estate of a deceased wife, i.e.
Notable was the innovation that agreement by threefourths of a jury should be sufficient in civil cases and that a jury might be waived in minor criminal cases, a provision which of course was based on experience under the Mexican law.
In the following year, as already stated, Spain waived her claim to the territory north of 42° in favour of the United States.