0.0.

837 OATH SUPPLETORY

o.
O. O. An abbreviation. in the clvll1aw, A corporal oath Is one taken by the form
for "opecollsilio." (go v.) In American Inw, of laying the band on or kissing a copy at
these letters are used as an abbreviation for the gospels.
"Orphans' Court." The terms U corporal oath" and U solemn oath"
are synonymous; and an oath taken with the up­
O. N. B. An abbreviation for "Old Na­ lifted hand is properly described by either term in
tura Brevium." See NATUHA BREVIUM. an indictment for perjury. lInd. 184.

O A T H AGAINST BRIBERY. One

O. Ni. It was the course of the English
which could have have administered to a
exchequer, as soon as the sberiff entered into
voter at an election for mem bers of parlia­
and made up his account for issues. amercia·
ment. Abolished in 1854. Wharton.
ments, etc., to mark upon each head "d. Ni " .•

which denoted oneratuT, nisi habeat suffi

. ci­ OATH DECISORY. In the civil law.
enum exone1'ationem, and presently he be­ A n oath which one of the partieR defers or
came the king's debtor, and a debet was set refers back to the other for the decision of
upon his head; whereupon the partIes para­ the cause.
vaile became: debtors to the sberiff, and were
dischlirged agai nst the king, etc. 411lst. 116; O A T H EX OFFICIO. The oath hy

Wbarton. which a clergyman charged with a criminal

offense was formerly allowed to swear him­
O. S. A n abbreviation for "Old Style." self to be innocent; also the oath b y which
or II Old Series. " the cOlDpurgators swore that they believed in
his innocence. S Bl. Comm. 101, 447; Moz­
OATH. An external pledge or assevera­
ley & Whitley.
tion, made in verification of statement� made
or to be made, coupled with an appeal to a OATH IN LITEM. In the civil l.w.
sacred or venerated object, in evidence of the An oath permitted to be taken by the plain­
serious and reverent st.ate of mind of the tiff, for tht' purpose of proving the value of
party, or with an invocation to a supreme the subject-matter in controversy. when
being to witness the words of the party and there was no other evidence on that point,
to visit him with punishment if they be false. or when the defendant fmudulently sup­
A religious asseveration, by which a per­ pressed evidence which might have been
son reuouuces the mercy and imprecates the available.
vengeance of henvt'o, if he do not speak the OATH OF CALUMNY. In the civil
truth. 1 Leach, 430. law. An oath which a plaintiff was obliged
The calling upon God to witness that what is said to take that he was not prompted by malice
by the person sworn is true, and inVOking the di­
01' trickery in commencing his actioD, but
vine vengeance upon his head, it what be says is
falso. 10 Ohio, 123, t.hat he had bona fide a good cause of action.
Potb. Pando lib. 0, tt. 16, 17, s. 124.
Oaths are either judicial or ext1'ajudicial;
the former. when taken in some judicial pro· O A T H PURGATORY. An oath hy
cef'ding or in relation to Borne matter con­ which a person purges or clears himself from
nected with judicial proceedings; the latter, presumptions, charges, or suspicions stand.
when not taken in any judicial proceeding, ing agi.tinst him, or from a contempt.
or without any authority of Jaw, though
OATH-RITE. The form used at the
taken formally before a propel' person.
taking of an oath.
An o1ficial oath is one taken by an officer
when he assumes charge of his office, where­ OATH SUPPLETORY. Inthe civil and
by be declares that he will fnithfully discharge ecclesiastical law. The te-stimonyof a single
the duties of the same, or wlJatever else may witness to a fact is called "balf-proof," on
be required by statute in the particular case. which no sentence can be foumled; in order to
An (Usertory oath is one required by law supply the other half of proof, the party him­
other than in judicial proceedings and upon self (plaintiff or defendant) is admitted to be
induction Lo OmC6; such, for example, as an examined in bis own behalf, and the oath ad­
oath to be made at the custoll-bouse relative ministered to bim for that. purpose is calh�ll
to goods imported. tile "supvletory oilth." becalls� it supplies
 OB 838 OBJURGATlUCES

N tlle necessary quant'ttm of proof on which t,Q Obe d!enU a e st le gis essentia. 11 Coke,
found the sentence. S Bt. Comm. 370. 100. Obedience is the essence ot law.

OB. On account of; for. Severnl Latin OBEDIENTIARIUS. A monastic olD­

phrases and maxi ms, commencing with this cer. Du Cange.

O word. are more commonly introduced by

OBIIT SINE PROLE. Lat. [He] died
"in" (g. v.)
without Issue. Yearb. M.1 Edw. II. 1.
OB CAUSAM ALIQUAM A RE
OBIT. In old English law. A funeral
MARITIMA ORTAM. For some cau!'e
solemnity. or office for the dead. CowC'll.
arising out ot a maritime matter. 1 Pet.
The anniversaryof a person's tleatb; the an·
Adm. 92. Said to be Selden'8 translation of
the French definition of admiralty jurisdic­ niversaryoffice. Cro. Jac. 51.

tion. "POUT le fail de la mer." Id. OBITER. Lat. By the way; in passing;
OB CONTINENTIAM D ELI C T I . incidentally; collaterally.
On nccount of contiguity to the offense. i. e.,
OBITER DICTUM_ Lat. A remark
being contaminated by conjunction with
made, or opinion expressed, by a judge. in his
something illegal. For example. the cargo
decision upon a cause, "by the way," that is,
of a vessel, though not contraband or unlaw­
incidentally or collaterally, and not d irectly
ful, may be condemned in admiralty, along
upon the question before him, or upon a point
with the vessel. when the vessfll hM been en­
not necessarilyinvol\'ed in thedetermination
gaged in some service which renders her lia­
of the cause, or introduced by wayof illustra�
ble to seizure and con fiscation. The cargo
tion. or analogy or argument.
Is then said to be condemned ob continentiam
delicti. because found in company with an OBJECT, 'D. In legal proceedings, to ob­
unlawful service. See 1 Kent, Cornm. 152. ject (e. g .• to the admission of eVidence) is to
interpose a declaration to the effect that Lha
OB CONTINGENTIAM. On account
particular matter or thing under considera .
. ot connection; by reason of sImilarity. In
tion is not done or admitted with the consent
Scotch law. this phrase expresses a ground
of the pnrty objecting, but is by him consid­
for the consolidation of actions.
ered improper or illegal, and referring the
OB FAVOREM MERCATORUM. In question of its propriety or legaliLy to the
favor of merchants. Fleta, lib. 2, c. 63, court.
§ 12.
OBJECT, n. This term "include! what­
Ob infamiam non Bolet juxta. legem ever is prese" ted to the mind. a� well as what
terroo sliquis per legem apparentem se may be presented to the senses; Whatever,
purgare, nisi prius convictus fuerit vel a.lso. is act.ed upon, or operated upon. affirm�
confessus in curia. Glan. lib. 14, c. Ii. atively, or intentionally inft.uenced by any�
On account of evil report, it is not u8ual. ac­ thing done, moved. or applied thereto."
cording to the law of the land, for any per­ Woodruff. J .• 8 Blatchf. 257_
son to purge himself, unless be have been
OBJECTION. The act of a party who
previously convicted, or confessed in court.
objects to some matter or proceeding in the
OB TURPEM CAUSAM. For an im­ course of a trial. (see OBJEOT, '0.;) or an nrgu �
moral consideration. Dig. 12, 5. ment or reason urged by him in support of
his contention that Lile matter or proceeding
OBlERATUS. In Homan law. A debtor
objected to is improper or illegal.
who was obliged to serve his creditor till his
debt was discharged. Adams, Bom. Ant. 49. OBJECTS OF A POWER. Where prop­
erty is settled subject to a power given to any
OBEDIENCE. Compliance with a com­
mand. prohibition, or known law and rule of person or persons to appoint the same a.mong

duty prescribed; the performance of what is a limited class. the members of the class are

required or enjOined by authority, or tile at; called the "objects" of the power. Thus. if
a parent bas a power to appoint a fund among
ataining from what is prohibited, in compli­
.luce with the command or prohibition. his children. the children are called the "ob­
jects" of the power. Mozley & Whitley.
IV.bater.

OBEDIENTIA_ An office, or the admln­ OBJURGATRICES. In old English law.

i!tration ot it; a kind of rent; submission; Scolds or unquiet women. punished with the
obedience. cucking-stool.
 OBLATA 839 OBLIGATIO

OBLATAI Gifts or offerings made to the Sometimes. also. the term "obligatio" Is used
king by any of his subjects: old debts, for t he causa obligationis, and the contract
brought, as it were, together from preceding itself is deSignated un "obligation." There

years, and puton the present sheriff's charge. Rre passages in which even the documan'
Wbarton. which affords the proof of R contract is called
an "obligation." Such applications, bow­
OBLATA TERRlE. Halt an acre, or, ever, are but a loose extension ot the term,
U lome say, balf 8 percb, of land. Spelman . which, according to its true idfa, is only prop.
erly employed when it ie used to denote the
OBLATI. In old European law. Volun·
debt relationship, in its totality. acttve and
tary slaves of churcbes or monasteries.
passive. subsisting between the creditor and
OBLATI ACTIO. In the civil l.w. An tile debtor. Tomk. & J. Mod. Rom. Law.
action given to a party against another who 301.
bad offered to him a stolen thing, which was Obligations, in the civil law, are of the
found In bis possession. lost. 3, 1. 4. several descriptions enumerated below.

Obtioatio ct'VUis 1. an obligation enforceable

OBLATIO. In the civil law. A tender
by action, whetber it derives U. origin from juI
of money in payment of a debt made b y ef:viZc, as the obligation engendered by formal 00.
debtor to creditor. Whatever is offered to tracts or the obligation enforceable by bilaterally

the church b y the pious. Calvin. penal suits, or from such portion of the 'us aen.Uum
as had been completely naturalized in the c:1v1llaw

Oblationes dicuntur qurecunqua a pils

fidelibusque Christiania offeruntur Deo
at ecclesire, siva res 80lidre siva mobiles.
2 lnst. 389. Those things are called "obla­
�iODS" which are offered to God and to the
church b y pious and faithful Christians,
wbether they are movable or immovable.
OBLATIONS, or obventlons, are offerings
()r customary payments made. in England, to
the minister ot. a church, including fees on
marriages. burials, mortuaries, etc .•
and Easter offerings. 2 Steph. Comm. 740;
Phillim. Ecc. Law, 1596, They ma y be com·
muted b y agreement.
OBLIGATE. To bind or comtrain; to
bind to the observance or performance of a du­
ty; to place under an Obligation. To bind one's
Belf by an obligation or promise; to aS8ume
a duty; to execute a writtt"D promise or cov­
and proteoted by all its remedies, suoh as ibe ob­
ligation engendered by formlesll contracts.
Obt1.gaHo naturalli8 1.9 an obligation not immedi­
ately enforceable by action, or an obligation im­
posed by that portion of the Jm oen.tium whichla
only imperfectly recognized by civil law.
ObUgat:t.o ex contractu, an obligation arising
from contract, or an antecedent jus in personam..
In this there are two stages,-ftrst, a primary or
sanctioned personal right antecedent to wrong,
and, afterwards, a secondary or sanctioning per­
sonal right consequent on a wrong. Poste's Gaius'
mst. 869.
ObHaatio ex delicto, an obligation founded OIl
(g. !).,)
wrong or tort, or arising from the invasion of •
jus in. rem. In this there t. the second stage, a
secondary or sa.nctioning personal right conse­
quent on a wrong, but the first stage is Dot a per­
lIonal right, (jus in PCTsonam,) but a real right,
(jus in rem.,) whether a primordial right, right of
stattl.-8, or of property. Poste's Galus' lnst. 859.
OZfaattones ex delicto are obllgatioD8 aristo,
from the commission of a wrongful injury to the
person or pt'operty of another. "DeU.ctum" Is not
exactly synonymous with "tort," for, while it. in­

enant; to make a writing Obligatory. cludes most of the wrongs known to the common
law as torts, it is also wide enough to cover some
offenses (such as theft and robbery) primarily in­
OBLIGATIO. Lat. In Roman law.
jurious to the individual, but now only punished
The legal relation existing between two cer­ as orimes. Such acts gave rise to an obUgatto,
tain persons whereby one (the credit-or) is which consisted in the liability to pay damages.
authorized to demand of the other (the debtor) ObH(fat'fones quasi ex contractu. Often persons
who have not contracted with each other, under a
a certain performance which has a mouey
certain state of facts, are regarded by tbe Roman
value. In this sense obligatio signifi es not
law 6S if they had actually conoluded a convention
only the duty ot tbe debtor, but also tbe right between themselves. The legal relation which
of the creditor. The fact establishing such then takes place between these persons, which haa
claim and debt, as also the instrument evi· always a Similarity to a contrACt obligation, is

dencing it, is termed "obligation." Mackeld.

therefore termed" obUaatio quari ex contractu. •
Such a relation arises from the condncting of af­
Rom. Law, § 360. fairs without authority, (neaotiorum autiO;) froJP.
That legal relation subsisttng between the management of property that is in commOD
two persoD8 by which one is bound to the when the community arose from casualty, (c0m­
munis fncidens;) from the payment ot what Wal
other for a certain performance. The passive
not due, (solutio i1'l.debiti:) from tutorship ant
reJation BlJstained by the debtor to the cred­ curatorship; and from taking possessioll of aD. lao
Itor 11; likewise called an "obligation." heritance. MACkeld. Rom. Law, I �1.
 OBLIGATIO 840 OBLIGATION

N ObUgattones quari ex deMcto.

braces all torts not coming under the denomtnatlon
Thtll olaaa em· Classiflcation. The various sorts of oblI·
gations may be classified alld defined as fol·
of "delicta)>> and not baving a special form of ac­
lows:
tion provided for them by law. They differed
widely in character, and at common law would in They are either perfect or imperfect. A
eome cases give rise to an action on the case; in perfect obligation is one recognized and
O at-bers to an action on an implied contract. Ort. sanctioned by positive law; one of which the
wst. IS 178t-1792-
fulfillment can be enforced by the aid of the
OBLIGATION. An obligation is a legal Jaw. But if the duty created by the obliga­
duty. by which a person is bound to do or tion operates only on the moral sense, with­
not to do 8 certain thing. Civil Code Cal. out being enforced by any positive law, it is
§ 1427; Civil Code Dak. § 798. called an II imperfect o b ligation, " and crea.tes
The binding power of a vow. promise, oath, no right of action. nor has it any legal op�
or contract, or of la WI civil, political, or moral, eration. The duty of exercising gratitude,
independent of a promise; that which coo­ charity, and the other merely moral duties i,
stitutes legal or moral duty. and which ren­ an example of this kind of obligation. Civil
ders a person liable to coercion and punish­ Code La. art. 1757.
ment for neglecting it. Webster. 'riley are either natural or civil. A nat­
.. Obligation" is the correlative of "right." ural obligation is olle which cannot be en�
Taking the latter word in its politico-etbical forced by action, but which is binding on the
Bense, as a power of free action lodged in a party who rnalces it in conscience alld accord�
person, " obligation" is tbe corresponding iog to natural justice. A. ci vii obligation is
duty, constraint, or binding force whicb a legal tie, which gives Lhe party with whom
should prevent all other persons from deny­ it is contracted the right. of enforcing its
iqg. abddging. 01' obstrllcting snch right. or performance by law, Civil Code La. nrt.
interferi ng with its exercise. And the Same 1757.
Is its meaning as the correlative of a /C)'us in They are either express or implied; tlle
rem. " Taking "right" as meaning 8 "jus former being those by which the Obligor binds
in pe1'sonam.," (8 power, demand. claim. or himself in express terms to perform his ob­
privilege inherent in one person, and inci­ ligation; while the latter are such as are
dent upon another,) Lhe "obligation" is the raised by the implication or inference of the
coercive force or control imposed upon the law from the nature of the transaction.
person of incidence by the moral law and the They are dete1'minate or indetenninate;
positiV6 law. (or the moral law as recognized the former being the case where the thing
and sanctioned by the positive law.) con­ contracted to be deli vered is specified as an
straining him to accede to the demand. ren­ individnal; the latter, where it may be any
der up the thing claimed. pay the money one of a particular class Or species.
due, or otherwise perform what is expected They aloe di'f)isible 01' indivisible. according
or him with respect to tbe subject-matter of as the obligation may 01" may not be lawfully
the right. broken iuto several distinct obligations witb.
In a limited and al'bitrary sense. it meaos out the consent of the obligor.
8 penal bond or " wr iting obligatory." that They are joint or se'f)eralj the former,
is, a bond containing a penalty, with a con� where there are two or more obligors binding
ditioll annexed for the payment of money or tliemselves joi ntly for the performance of the
performance of covenants. Co. Litt. 172. obligation; the latter. where tile obligors
Obligation is (1) legal or moral duty, o.s opposed promise. each for himself, to fulfill the en·
to pbysical compulsion i (2) a duty incumbent up­
gagement.
on an individual, or a specific and limited number
of individuals, as opposl3d to a duty imposed upon
They are personal or real; the forruer b&­
t.he world at large; (8) the right to enforce such a ing the case when the Obligor himself is per.
duty. (ju8 i.n �ler8ona?n.) as opposed to such 11 SOli ally liable for the performance of the en·
right as that of property. (jllS in rent,) which
gage ment, but does not directly bind his prop­
avails against tho wodd at large; (4) a bond con­
erty; the latter, where real estate, not the
tl1ining a penalty, with lL condition annexed, for
the payment of money, performance of covonants, person of the obligor, is primarily liable for
or the lllw" Mozley & Whitley. performance.
In English expositions of the Roman law. They are heritable or personal. The for·
and works upon general jurisprudellce, "ob­ mer is the case when the heirs and assigns ot
ligation" is used to translate the Latin "ob­ one party may enforce the performance
ligatio." In this senSfd its meaning is much against the Iwi rs of the other; the latter.
wider than as a technical term of English wilen the obligur llinds h i mself only. not ilia
law. See OBLlGA'l'lO. heirs 01" representatives.
 OBLIGATION 841 OBROGATlOX

The y are either principal or accessory.
princ ipal obligation is one which is the m ost
import ant object of the eng ageme n t of the
contr actin g p arties: while an accessory obli­
gation depends upon or is co ll a te ra l to the
A liabi li ty in English law, hut is applied also
to the joi nt and se vera l ri gh t s of the credit­
ors p al'ties to the obli gation .
OBLIGATORY. The term .. writing ob­

prin cipal.
ligatory" is a te chni ca l term of the law, and
ThGY may be either conjunctive or alterna­ meaDS a written co nt ract under seal . 7 Yer g.
.
ti'De. The former is ODe in whi ch the sever­ 350.
al obj ects in it are connected by a co p ulative , OBLIGEE. The pel'!lon in favor ot
or in any oLher manner which shows tha.t all whom some obligation is contracted, wheth­
of them arG sev er all y comprised in the con­
er such obligation be to pay money or to do
tract. This con tr act creates as many differ­
or not to do something. Code La. art. 3522,
ent obli gations as there afe different objects; no. 11. The party to whom a bond is given.
and the debtor. wh en be wishes to discharge
him self. may force the cr edito r to rcceiva OBLIGOR. The person who bas engaged
them separately. But where the things to perform somA ob li gation. Code La.. art.
which f or m the object of the contract are 3522, no. 12. One who makes a bond.
8eparated by a disjunctive, then the oblig a.
tion is alternative. A pro mi se to deliver a OBLIQUUS. Lat. In the old law of

certatn thing or to pay a specified sum of descents. Oblique; cross; transve rse ; col­
money is an exa mple of this kind of oblig a. lateral. The opposite at rectus, right, or up­
Ilon. Civil Code La. art. 2063. r i ght.
They are ei th er simple or conditional. In the law of evidence. Indirect; cir­
Simple obligations are su ch as are not de­ cumstantial.
pendent f or their ex ecu tion on any e v ent pro­
OBLITERATION. Erasure or biotting
vided for by the p ar ties , and which are not
out of written wor ds.
agreed to become void on the bappening o f
Obliteration is not limited to efl'acing the
Rny sucll event. Conditional obligations ar e
letters of a wilt or scrat ching them out or
such as are made to de p end on an uncertain
blotting them so completely that the y cannot
event. If the obligation is not to take effect
be read . .A line dra wn thr o ugh the writin g
until the event happens, it is a sus pensive
is obliteration, though it may leave it as leg�
conditio!1; if the obli gatio n takes effec t im·
ible as it was b efore. 58 Pa. St. 244.
mediate ly, but is liable to be defeated when
the event happen�, it is then a reso lutory can· OBLOQUY. To expose one to " obloquy"

dition. Civil Code La. art•. 2020. 2021. is to exp ose him t o censure and r e proach , as
Th ey ma.v b e either single or penal,. the t he latLer terms are synonymous with j, oblo­
latter, wh en a penal clause is attlwhed to the quy." 70 Cal. 275. 11 Pac. Hep. 716.
undertaking, t o be enforced in case the obli ­
gor fails to pe rform ; the former, whe n no OERA. InSpanish law. ,York. Obras,
lucb pen,alt y is added. works or trades; those which men carr y on
in houses or covered places. White, New
OBLIGATION OF A CONTRACT.
Recop. b. 1. tit. 5. c. 3. § 6.
A. used in Const. lJ. S. a rt. 1. § 10. the
term means the bin ding and coercive force OBREPTIO. Lat. The ob taining a
which constrains every man to perform til e thing by fraud or surprise. Calvin. Called,
agreeme uts be has made; a force grounded in Scotch l aw , "ob1'eption."
in the ethic:;.l prin cip le of fidelity to one's
promise!, but deri ving its legal effica c y from O BREPTION . Obtain i ng anything by
its r ecognition by positive law, and sanctioned fraud or 6urpris e . Acquis i tion of escheats,
by t h e law's providing a re.nedy for t he in­ etc., from tbe sovereign, by m aking false rep­
fractio�of tbe duty or for the enfcrcem.ent resentations. Bell.
of tbe correlative right . See Story, Cor.st.
OBROGARE. Lat. In the civil law.
§ 1378; Black. Const. Prohib. § 139.
To pass a law contrary to a forme r law, or
The obligation of a contract.. is th a t whicb
to some clause of it: to ch a n ge it former law
obliges a part) to perform hi&. c.ontract. or re
in some part of it. Calvin.
pr.ir the injury done by a fa il ure to peLform.
4 GilmB.ll, 277.
OBROGATION. In the c1vil law. The
OBLIGATION SOLIDAIRE. This. in alteration of a law by the p assag e of on e in­
Fren.t:: h law. corresponds to jOint and seve ral consistent with it. Calvin.
 OBSC ENE 842 OCCUPANCY

N OBSCENE. Lewd; im put'f'; indecent: OBSTRUCTION. This is the word

calcula ted to shock the moral sense of man propedy d e scri p ti ve of a n injury to any one's
by a d i sregard of cha s tity or m odesty. i ncorporeal hereditament, e. g., hi s ri ght to
an e ase ment, or profit a prendre; an alter­
OBSCENITY. Tbe character or quality
n aLive word being "disturbance." On the
o of being obscene; conduct tending to corrupt
oLher hand, uinfringement" is the word
the pu blic morals by its indecency or lewd-
properly desc rip ti ve of an i njury to any one's
ness.
p atent-r ight s or to his copyright. But "ob­
OBSERVE. In the civil law. To per form struct i on" is also a very general word in law,
that which has been prescribed by some law being a pplicable to every hind rance of a
or u sage . Dig. 1, 3, 32. man in the disc harge of his du ty. ( wbetb er
official, publi c, o r p ri vate. ) Brown.
OBSES. In tbe law of war. A bos tage .
Obstdes, hos tages. Obtemperandum est consuetudini ra­
tionabili tanquam legi. 4 Coke, 38. A
OBSIGNARE. In the civ il law. To re asouable custom is to be obey ed as a law.
Ileal up: as mone y that had been tendered and
O B T E M P E R A R E. Lat. To obey.
refuselL
Hence the Scotch 14 obtemper. 11 to obey or
OBSIGNATORY. Rati fyi ng a nd c on · comp ly with a judgment of a court.
firming.
OBTEST. To pro test.
OBSOLESCENT. Becoming obsolete;
OBTORTO COLLO. In Roman la w.
going out of use; not enti re l y disused. but
Ta ki ng by the ne ck or collar; as a plain tiff
graduall�' beco ming 80.
was allowed to d ra g a reluctant defendant to

OBSOLETE. Disused; neglecte d i Dot court. Adams. nom. Ant. 242.

obser ved . The term is applied to statutes OBTULIT SE. (Offered himself.) In
which have b ecome inopera ti ve by lapse of old practice. The e m ph atiC words of en tr;
time, either because t he reason for their eo­
on the record where one party offered him·
actment has p a ss e d away. or their subject­ self in court agai ns t tbe other, and the lat.
m atte r no lon ger exists, or they are not ap. tel' did not appear. 1 Reeve, Eng. Law, 417.
pl icable to changed circumstances. or are
ta citly disregard e d by all men, yet without OBVENTIO. Lat. In the civil law.
being expr e s sly abro gated or repealed . R ent; p rofits; income; the re turn from an
investment or t hing owned; as the earnings
o B S T A PRINCIPIIS. Lat. With· of a vessel.
st and beginni ngs; resist the first appro ac he s In old English la.w. The re venue ot a
or e ncroachments. <lIt is the d uty of courts spiritual living, so called. Also, in the plu­
to be watchful for the constitutional rights ral, "offerings. n
of the c i tizen. and again st any steal tb y en­
croachments thereon. Their motto should be OCASION. In Spanish law. Accident.

'Obsta principiis.'" Bradl ey, J., 116 U. S. L,s Parlid... pt. 3. tit. 32. I. 21; White.
635. 6 Snp. Ct . Re p. 535. New Recop. b. 2, tit. 9, c. 2.

OCCASIO. A t ri bnte
which the lord
OBSTANTE. Withstanding; hind e ri ng.
im posed on his vassals or t ena nts for his ne­
See NON OBSTANTE.
cessity. Hindrance; trouble; vexation by
OBSTRICTION. O blig at ion ; bond. suit.

OBSTRUCT. 1. To block np; to inter­ OCCASIONARI. To be charged or load·

pose obstacles; to render impas�mble; to fill ed wi t h payments or occasional ptlnalties.
wi th barriers or impedimeutsj as to obstruct
OCCASIONES. In old Engli s h la w.
a road o r w ay.
Assart8. Spelman.
2. To i m pede o r hiDd er; to in terpose oIr
sta cles or i mpedi ments, to the hindrance or Occultatio thesauri inventi fraudu�
frustration of som e act or service; as to ob­ losa. 3 Inst. 133. The concea l ment of dis­
struct an officer i n t he e xecution of hi s d ut y. covered treasure is fraudulent.

OBSTRUCTING PROCESS. In crim­ OCCUPANCY. Occ upancy Is a mod e of

inal law. The a ct by which one o r more acquiring property by which a t hing wh ich
persons attempt to p re vent or do pr e vent the belongs to nobody becomes the propert y ot
execution of lawful proc ess. the person w h o took p os session of it, wi th
 OCCUPANCY 843 ODHAL

the intention of acquiring a right of owner­
ship in it. Civil Code La.. art. 3412.
The taking possession of things which bE"'"
fore belonged to nobody. with an intention
{)f appropriating them to one's own use.
The word "occnpation, "applied to real property, .
is, ordinarily, equivalent to "possession." In can·
Deetion with other expressions, it may meaD thai
t he party should be living upon the premises ; bu\
standing alone, it 18 satisfied by actual possession.
19 Cal. 688j 11 Abb. Pro 97; 1 EL & EL. 533.

"Possession" and "occupancy," when applied to .A trade; employment; profession: busi..

land, are nearly synonymous terms, and may mdst
ness; means of Jivelihood.
through a teuQ,Dcy. Thus, occupancy ot a home-
8tead, such as will satisfy the statute, may be by
OCCUPATIVE. Possessed; used; em�
means other than that of actual residence on the
ployed.
premises by the widow or child. 21 Ill. 178.
There is a use of the word in public-land laws,
OCCUPAVIT. Lat. In old English law.
bomesteadlaws. "occupying-claimant "laws, cases
of landlord Qud tenant, and like connections, which A writ that lay for one who was ejected out of
lIeems to require tbe broader sense of possessio'n . his land or tenement in time of war. Cow·
although there is, In most of these uses, a shade eU.
of meaning discarding any prior titlo as a founda·
tion of right. Perhaps both uses or views may be OCCUPIER. An occupant; one who 18
harmonized, by sa.ying that In jurisprudence oc.­ in the enjoyment of a thing.
cupancy or occupation is possession, presented in­
dependent of the Idea of a chain of title, of any OCCUPY. To bold In possession; to
earlie... owner. Or occupa ncy" and "occupant"
hold or keep for lise. 107 U. S. 343, 2 Sup.
"

might be used for assuming property which has

no owner, and "occupation" and "occupier" for
Ct. Rep. 677; 11 Johns. 214.
the more general idea of possession. Judge Bou·
vier's definitions seem pa.rtly founded on such a OCHIERN. In old Scotch law. A
distinction, and there are indications of it Ln En­ name ot dignity; a freeholder. Skene de
glish usage. It does Dot appear generally drawn Verb. Sign.
in American books. Abbott.

In international law. The taking pos· OCHLOCRACY. Government by the

session ot a newly discovered or conquered mUltitude. .A form of government wherein

country with the intention of holding and the populace has the whole power and ad.
ministration in its own bands.
ruling it.
OCTAVE. In old English. law. The
OCCUPANT. In a general sense. One
ejghth day inclusive after a feast; one of the
who takes pos!ession ot a thing, of which
return days of writs. 3 BI. Comm. 278.
there is no owner; one who has the actual
possession or control of a thing.
OCTO TALES. Eight such; eight ouch
In a special sense. One who takes pos-. men; eight such jurors. The name of a
session of lands heJd pur autre vie. after the writ, at common law, which issues when
death ot the tenant, and during the life of the upon a triHI at bar. eight more jurors are
cestui qtu ck. necessary to fill the panel. commanding the
sheriff to summon the requiSite number.
Occupantis fiunt derelicta. Things
3 Bl. Comm. 364. See DECE>I TALES.
abandoned become the property of the (first)
occupant. 1 Pet. Adm. 53. OCTROI. Fr. In old French law.
Originally, a duty. which, by the permission
OCCUPARE. In tbe civillaw. To seize
of the seignffl.l1'. any city was accustomed to
or take possession of; to enter upon a vacant
collect on liquors and some other goods,
possession; to take possession befor e anotlJer.
brought within its precincts. for the con­
Calvin.
sumption of the inhabitants. A.fterwards
OCCUPATILE. That which ha. been appropriated to the use of the king. Steph.
left by the right owner, Bnd 1a now possessed Lect. p. 361.
by another.
Oderunt pecoare boni, virtutia smore;
OCCUPATION. Possession; control; oderunt peccare mali, fo r m idin e pamre.
tenore; US6. Good men hate sin through love of virtuej
In ita usual sense "ocoupation'" is where 8 per­ bad men, through fear of punishment.
son exercises physical control over land. Thus,
the lessee of a bouse is in occupation of it so long ODHAL. Complete property, .. opposed
as he has the power of entering into and staying to feudal tenure. The transposition ot the
Viera &t pleasure, and of excluding all other per­
syllables of "odhal" makes it "allodh." and
�n8 (or all except one or more specified persons)
from the use of it. Occupation is therefore the hence, according to Blackstone, arises the
lame thin&, as actual possession. Sweet.. word U allod" or "allodial," (g. 0.) ".dll�
 ODIO ET ATIA 844 OFFICE-COPY

N . odh" fa thus put in contradistinction to "/ee4 OFFER. A proposal to do a tbing. .A

odh." Mozley & Whitley. proposal to make a contract. Alao an at­
tempt.
ODIO ET ATIA. A writ anciently
called " b1'eve de bono et malo," addressed to OFFERINGS. In English ecclesiastical
o the sheriff to inquire whether a man cum. law. Persom�l tithes, paYilble by custom to

mitted to prison upon suspicion of m u rder the parson or vicar of a pa.l'ish, either occa­

were committed on just cause of suspicion, sionally, as at sacraments, marriages, churcb­

or only upon malice and iU wiJI; and tf. ing of women, burials, etc., or at constant

upon the inquisition, i t were found that be times, as at Easter, Christ.mas, etc.

was not gUilty. then there issued another OFFERTORIUM. In English ecclesias­
writ to tbe sheriff to bail him. Reg. Origo tical law. The offerings of tlle faiLhful, or lhe
133. place where they are made or kept; the serv­

Odiosa at inhonesta. non Bunt in lege ice at the time of the Commu nion.

prresumanda. Odious and dishonest acts OFFICE. " Office" is deJined to be a rigbt
are not presumed in law. Co. Litt. 78i 6 to exercise a public or private employment,
Wend. 228. 231; IS N. Y. 295. 300. and to lake lhe fees and ernolu lllt:nts there­
unto belonging, whether public, as those ot
o d i f.) 8 8 non prresumuntur. Odious
magistrates, or p r ivate, as of bailiffs, receiv­
things are not presumed. .Burrows. Sett.
Cas. 190.
ers, or the l ike. 2 BI. Comm. 86.
That function by virtue whereof a person
CECONOMICUS. L. Lat. In old En. 11as some employment in the affairs of an­
gli� h law. The executor of a last will and otber, whethE:'r j u dicial, m i n isteriul, legisla­
testament. Cowell. tive, municipal, ecclesiastic<li, etc. Cowell.
An employment on behalf of tho govern­
CECONOMUS. Lat. In tbe civil law.
m e n t in any station or puulic trust, not
A manager or administrator. Calvin.
meroly trallsiellt. occaSional, or incidental.
OF. COUNSEL. A pbrase commonly 20 Johns. 493.
applied in practice to the counsel employed 'l'he most frequent occasions to use the word
by a party in a. cause. arise with reference to a duty and power conf�rred
on a.n individual by the govel'nment; and, wheu
OF COURSE. Any action or step taken this is the connection, "public office l> is a usual
and mora discriminating expression. But a power
In the course of jndicial procf'eJ ings which
and duty may exist without immediate graut from
will be allowed by the court upon mere ap­ government, and may be properly called an "of­
plication, without any inquiry or contest. or fice ; " as the office of executor, the office of stew­
wbich may be effectually taken without even ard. Rere the individual acts to\vllrds legatees or
towards tenants in performance of a duty, and in
applying to the court for leave, is sai p to be
exercise of II. power not derived from their con­
"of course." sent, but devolved on him by an authority which
quoad hoc is Buperior. Abbott.
OF FORCE. In force; extan t; not ob­ Offices may be classed as civil and military ; and
solete ; existing as a binding or obligatory civil offices may be classed ns political, judicial,
power. and ministerial. Political officos are such as ar6
not connected immediately with the administra­
OF NEW. A Scotch exprtlSSiOll, closely tion of justice, or the execution of the mandates
translated from the Latin "de novo, " (q. tI.) of a superior officer. Judicial are those which re­
late to the administra.tion of justice. Ministerial
OF RECORD. Recorded; entered on are those which give t.he officer no power to judge
of the matter to be done, and require him to obey
the records; existing and remaining in or
the mandates of a. superior. It i s a general rule
upon the appropriate records.
that a judicial office cannot be exercised by dep­
uty, while a ministerial one may. 12 Ind. 569,
OFFA EXECRATA. In old English
"Offico" is frequently used in the old
law. The morsel ot execration; the corsned,
1 Reeve. Eng. Law. 21. books (IS an abbreviation for "i nquest of of�
(g. •. )
fie.... (q. •. )
OFFENSE. A crim e or mis(]emeanor; a
OFFICE· BOOK. Any book for the rec·
breach of the criminal laws.
ord of official or other transi:lctiotls, kept Ull�
rt is used as a genus, com prehending every
dCI' authority of the statE', in public olHces
crime and misdemeanor, or as a spec'ies, &ig�
not connected wit.h the courts.
nifying a crime 110t indictable, but pun isha­
ble slHnmarily or by the forfeiture of a pen� OFFICE· COPY. A copy 0" transcript
al ty. of u detc1 or retord or any Oled document
 OFFICE FOUND 845 OFFICIAL LIQUIDATOH

made by the officer having it tn c nstody or was not a lawful omcer, the law, upon prtnclt)le
ot policy and justice, will hold valid so far as the)
under hi3 sanction, and by him sealed or cer­
involve the publio and third persons. S8 Conn
tified. 449.
A deJacto omcer Is one who goes in under 00101
OFFICE FOUND. In English law.
of authorIty, or who exercises the duties of tL.e
Inquest of office found; the finding of certain office so long or under such circumstances as tc
facts by a jury on an inquest or in q uisi tion raise So presumption ot bis right. 7S N. C. 546.
of offic e. 3 lli. Comm. 258, 259. This
OFFICERS OF JUSTICE. A general
phrase has been adopted in American law.
name applicable to all persons con n ected with
2 Kent, Corum. 61.
the administration of tbe judicial department
OFFICE GRANT. A designation of a of govprnment. but commonly used only ot
conveyance made by some officer of the law the class of officl"lrs whose duty is to serve
to effect certain p urposes, where the owner the process of the courts. sucb :18 sheriffs,
is either unwilling or unable to execule the constables. bailifIs, marshals, seq uestrators.
requisite deeds to pass the title; sllch, for ex_ etc.
ample, as a tax-deed. 3 Washb. Real Prop.
OtIlcia judic1a.lia non concedantur an·
·537
tequam vacant. 11 Coke, 4-. Judicial of­
OFFICE HOURS. That portion of tile fices should not be granted before they are
day during which pubhc offices are usually vacant.
open for the transaction of busi ness.
Officia magistratus non debent esse
OFFICE OF JUDGE. A cri m i nal suit venalia. Co. Litt. 234. The offices of mag·
In an ecclesiastical court, not being di rected istrates ought not to be eold.
to the reparation of a private inj u ry is re-­ .

OFFICIAL, adj. Pertaining to an office;

garded as a proceeding emanatillg from the
invested with the cbaracte r of an officer ; pro.
ornce ot the judge, and may be instit. uted by
ceeding from, sanctioned by, or done by. an
the mere motion of the ju d ge . But, in prae­
officer.
tice, these suits are instituted by pri vate in­
dividuals. with the permission of the judge OFFICIAL, n. An officer; a person in­
or his surrogate; and the private prosecutor vested with the authority of an ollice.
tn any such case i8, accord ingly, said to In the oivil law. The minister or appar­
· promote the ollice of the judge." Mozley itor of a magistrate or judgtl.
& Whitley. In canon la.w. A person to whom a
OFFICER. The incumbent at an office; bishop commits the charge of his spiritual
one who is lawfully invested with an office. j urisd iction.
One who is charged by a superior power (and In common and statute law. The per­
particularly by government) with the power son whom the arcbdeacon substitl1tre in the
and du ty of exercising certain functions. execution of his jurisdiction. Cowell.

O F F I C E R DE FACTO. As distin· OFFICIAL ASSIGNEE. In English

guished from an oUicer de jure, this is the practice. An assignee in bankruptcy ap­
designati on of olle who is in the actunl pos­ pointed by the lord chancellor to co-operate
session and adminis tration of the otliee, un­ with tbe other assignees in atlministering a
der some colorable or apparent authority, bankrupt's estate.
although his title to the same, whether by
election or appointment, is in reality invalid OFFICIAL BOND. A bond given by a
or at least formally questioned. public officer. conditioned that he shall well
An officor de fltcto is one who exercisos the du* and faithfully perform all the dutiee of the
ties ot an office under color of right, by virtue at office. Tbe term is sometimes made to in­
II.n appointment or election to that. office; being clude the bonds of executors, guardians, trus­
distinguished, on the one hand, from a mere usurp­
tees. etc.
er of an omce, Bnd, on the other, from an omcer de
jure. 17 Conn. 585 ; S Bush, 1 4 j 37 Me. (23 ; 48 ld.
O F F I C I A L LIQUIDATOR. Ie En .

79; 55Pa. St. 468 j 7 Jones, (N. C.) 107.

The true doctrine seems to be that it is sumcient
if the officer holds the office under some power
having color of authority to app oint ; and that a
statute, though it should be found repugnant to
the constitution, will give such color. 21 Ohio St.
618.
An officer de facto is one whose acta, thoui'h
glish law. A person appointed by the judge
in c11ancery, i n whose court s jOint-stock com­
pany is being wound up, to bring and defend
suits and actions in the name of the com­
pany, and gen erally to do all things neces­
be sary for w in ding up the affairs ot the com-
 OFFICIAL LOG-BOOK
N pany, and distributing its assets. 3 Steph.
Comrn. 24.
OFFICIAL LOG-BOOK. A log-book
in a certain form. and containing certain
o specifi!'d eutries required by 17 &. 18 Vi et . c.
104, �§ 280-282, to be kept by all British
merchant ships. except those exclusively en­
gaged in the coasting trade.
O F F I C I A L MANAGERS. Persons
formerly apPOinted. under English statutes
now repealed. to superintend tlie winding up
of insoJ\'6ut companies under the control of
th e court of chancery. Wharton.
OFFICIAL OATH. One taken by an
officer when he assumes charge of his office.
whereby be declares that he will faithfully
discharge the duties of the same, or whatever
else may be required by statute in the partic­
ular case.
OFFICIAL PRINCIPAL. An ecclesi­
astical officer whose duty it is to hear causes
between party and party as the delegate of
"he bishop or ar.chbishop by whom he is ap­
pointed. He generally also holds the office of
vicar general and (if appointed by a bishop)
that of chancellor. Tbe otlicial principal of
the province of Canterbury is called the "dean
of arches. " Pbillim. Bcc. Law, 1203, et
seq. j Sweet.
OFFICIAL SOLICITOR TO THE
COURT OF CHANCERY. An officer in
England whose functions are to protect the
Buitors' fund, and to administer, under the
direction of the court, 80 much of it as now
comes under the spenlling power of tbe court.
He acts for persona suing or defending in
forma pauperis, when so directed by the
judge. and for those who, through ignorance
or forgetfulness. have been guilty of can·
tempt of court by not obeying process. He
also <tcts generally as solicitor in aU cases in
wbicb the chancery divjsion requires such
services. The office is tnl.Dsferred to the
high court by the judicature acts, but no al·
teration in its name appears to have betln
made. Sweet.
OFFICIAL TRUSTEE OF CHARITY
LANDS. The secretary of the English
charity commissioners. He is a corporation
!lole for the purpose of taking and bolding
real property and leaseholds upon trust for
an endowed charity in cases where it appears
to the court desirable to vest them in him.
He is a i.Jal'e trustee, the possession and man�
agement of the land remaining in the persons
846 OLD NATURA BREVIUM
acting i n the administration of the charity
Sweet.
OFFICIAL USE. An active use before
the statute of uses, which imposed some duty
on the legal owner or feofee to useSj as a
conveyance to A . with directions for him to
sell the estate aUlI distribute the proceeds
among B . , C and D. 'fo enable A. to per­
.•
form this duty. he had the legal possession
of the estate to be Bold. Wharton.
OFFICIALTY. The court or jurisdic­
tion of which an official is head.
OFFICIARIIS NON FACIENDIS
VEL AMOVENDIS. A writ addressed to
the magistrates of a corporation, requiring.
them not to mall:e such a man an otlicer, or
to put one out of the oOlce be has, until in·
quiry is made of his man ners, etc. Reg.
Orig. 126.
OFFICINA JUSTITllE. The work­
shop or ofii ce of justice. The chancery was
formerly so called .
OFFICIO, EX, OATH. An oath wbere­
by n person may be obliged to make any pre�
sentment of any crime or ofl'ense. or to COIl­
fess or accuse himself of any criminal matter
or thi ng whereby be may be liable to any
censure, penalty. or punishment. 8 BI.
Comrn . 447.
OFFICIOUS WILL. A testament by
which a testator leaves his property to his.
family. Sandars, Just. Inst. 207. See IN­
OFFICIOUS TESTAMENT.
Offlcit conatuB sl etrectus sequatur.
The attempt becomes of consequence, if the­
effect follows. Jenk. Cent. 55,
OfficiUm nemini debet esse damno­
sum. Office ougbt Dot to be an occasion of
loss to any one. A maxi m in Scotch law.
Bell.
OIR. In Spanish law. To hearj to take­
cognizance. White. New Recop. b. 3, tit. 1,
c, 7.
OKER. In Scotch law. Usury; the tak­
ing of interest for money, contrary to law.
Bell.
OLD NATURA BREVIUM. The title
of a treatise written in the reign of Ed ward
111. containing the writs which were then
most in us�, annexing t.o each a short com.
ment concerning Lheir nature and the appli.
cation of them, with their various propertiEli
and effects. 8 Reeve. Eng. Law , 152.
 OLD NATURA BREVTUM 847 OMNE TESTAMENTUM, ETC.

It is so called by way of distinction from Dmissio eorum qum tacite insunt ni­
the New Natura Brevium of Fitzherbert. and hil op eratur. The omission of thosething'l
.
IS generally cited as " 0 . N. B.,
. Of as "Vet. which are tacitly implied is of no consequence.
Na. B.t" using the abbreviated form ot. the 2BuIst. 13I.
Latin title.
OMISSIS OMNIBUS ALIIS NEGO·
OLD STYLE. The ancient calendar or TIIS. Lat. Laying aside all other bu.l­
method of reckoning time, wbereby the year nesses . 9 East, 347.
commenced on March 25th. It was super.. OMITTANCE. Forbearance; omission.
seded by the new style (that now in use) in
Omne actum ab intentione agentis est
most countries of Europe in 1582 and in
judicandum. Every act is to be judged by
England in 1752.
the intention of the doer. Branch. Prine.
OLD TENURES. A treatise, so called
Omne crimen ebrieta.s et incendit at
to distingllish it from Littleton's book on the
detegit. Drunkenness both inflames (or ag­
same subject, which gives an account of the
gravates) and reveals every crime. Co. Litt.
various tenures by which land was bolden, .
4 Bl. Comm. 26; Broom. Max. 17.
the nature of estates. and 80me other inci­ 247a;
dents to landed property i n the rflign of Ed.. Dmne jus aut consensus fecit, aut
ward IlL It is a very Bcanty tract, but has necessitas cODstituit aut fumavit con­
the merit of having led the way to Littleton's suetudo . Every right is either made by
famous work. S Reeve, Eng. Law, 151. consent, or is constituted by necessity, or ia
established by custom. Dig. 1, S, 40.
OLEOMARGARINE. An artificial
imitation of butter, made chiefly from animal Dmne magis dignum trahit ad se mi­
fats. Its sale is prohibited by statute in sev­ nus dignum, quamvis minus dignum sit
.ral stat.s. See 114 Pa. St. 265. 7 Atl. Rep. antiquius. Every worthier thing dra ws to
918; 127 U. S. 67S. S Sup. Ct. Rep. 992. 1257; it the less worthy, though the less worthy be
68 Md. 596; 36 Minn. 69. 30 N. W. Rep. 30S; the more ancient. Co. Litt. S55b.
77 Mo. 110; 105 N. Y. 123. 11 N. E. Rep.
Omne magnum exemplum habet ali­
277 ; 64 N. H. 549. 15 Atl. Rep. 210.
quid ex iniquo, quod publica utilitate
OLERON. LAWS OF. A code of mar­ oompensatur. Hob. 279. Every great ex­
itime laws published at the island of Oleron ample has some portion of evll, which is com·
in the twelfth century by Eleanor of Gui­ pensated by the public utility.
enne. They were adopted in England succes­ Omne majus continet in se minus.
sively under Richard 1., Henry Ill., and Ed­ Every greater contains i n itself the less. 5
ward III. , and are often cited before the ad­ Coke, 1I5a. The greater always contain.
miralty courts. the less. Broom, Max. 174..
OLIGARCHY. A form of government Dmne maj us dignu� continet in 8.
wherein the administration of affairs is minus dignum. Co. Litt. 43. The more
lodged in the hands of a few persons. worthy contains in itself the les8 worthy.
OLOGRAPH. An Instrument (e. g•• a Omne majus minus in se comp1ectitur.
will) wholly written by the person from whom Every greater embraces in itself the 188a.
it emanates. Jenk. Cent. 20S.
OLOGRAPHIC TESTAMENT. The Omne principale trahit ad se acceS8O­
olographic testament is that which is written rium. Every principal thing draws to itself
by the testator hImself. In order to he valid the accessory. 17 Mas•• 425; I Johns. 580.
it must be entirely written, dated, and signed o m n e quod solo inredificatur Bolo
by the band of the testator. It i. subject to cedit. Everything which is built upon the
no other form, and may be made anywhere, soil belongs to the soil. Dig. 47.3, 1 ; Broom,
even out of the 5t�).te. Civil Code La. al't. Max. 401.
158S ; Civil Code Cal § 1277.
Omne sacramentum debet esse de carts
OLYMPIAD. A Grecian epoch; the BcientiB. E very oath ought to be of certain
apace of four years. knowledge. 4 lnst. 279.
O M E BUENO. In Spanish law. A Dmne testamentum morte oonsum­
good man; a substantial person. Las Par­ matum e.t. 3 Coke, 29. Every wfil la co....
tida•• pt. 5, tit. 13, 1. 3S. pleted by de.th.
 O.MNES .oI.CTIONES. ETC. 848 OMNIS INTER.PR.E'l'.oI.TIU. ETC.

N Orones actiones in Mundo infra certa Omnia qure jure contrahuntur con­
tempora habent limitationem. All act i on s trario jure pereunt. Dig. 50. 17. 100 . .oI.ll
In the world arc limited within certain peri­ things which are contracted by law perish by
od.. Bract. fol. 52. 8 contrary law.

o Drones homines aut liberi Bunt aut Omnia qum Bunt uxoris Bunt ipsius
servi. All men afe freemen or slaves. lost. viri. All th i n gs which are Lhe w ife' S are
1. 3. pr. ; Fleta. 1. 1. c. 1. § 2. the husband's. Bract. fol. 32; Co. Litt. 1l2a.
See 2 Kent, Corom. 130-143.
Omnes licentiam babere his qum pro
S6 indulta Bunt, renunciare. [[t is a rul e Omnia rite acta prresumuntur. All
of t h e ancient Ia w that] all persons shall have things are p resu med to have been righ tly
liberty to reno nn ce those privilege� which dOlle. Broom, Max. 944.
bav€' been co nferred for their benefit. Cod.
OMNIBUS AD QUOS PRlES ENTES
1, 3, 51; rd. 2. 3, 29; Broom, Max. 699.
LITERlE PERVENERINT. SAL UTEM.
Orones prudentes illa admittere solent To all to w hom the present letters shall come,
quoo probantur tis qui in arte sua greeting. A form of add ress with whicb
bene versati sunt. All prudent men are charters and deeds were anciently com­
accuslomed to admit those things which are menced.
approved by those who are well versed in the
Omnis actio est loquela. E very action
art. 7 Coke, 19.
is a plaint or complain t. Co. Litt. 292a.
Orones 80r01'e8 sunt quasi unus hoores
Omnia conclusio boni at vel'i judicii
de una hrereditate. Co. Litt. 67. All sis­
sequitur ex bonis et varis prremissis et
ters are, as it were, one beir to ODe inherit­
dictis juratorum. Every conclusion of a
nce .
...
good and true j udgm en t follows from good
OMNI EXCEPTIONE MAJUS. 4 rost. and true premises, and the verdicts of jurors.
262. Above all exception. Co. Litt. 226b.

Omnia delicta. in aperto leviora Bunt. Omnis consensus tollit errorem. Every
All crim es that are committed openly are consent removes error. Consent al ways re­
lighter, [or have a less odious app earance moves the effect of error. 2 lnst. 123.
than those committed secl'eLly.] 8 Cuke, 127a.
Omnis deflnitio in jure civili pericu­

O M N I A PERFORMAVIT. He has losa est, parum est enim ut non Bub·

done all. In pleadi ng. A good plea in bar verti possit. Dig. 50, 17. 202. AU delini.

where al l the covenants are in the affirmative. tion in the civil law is hazardous. for there

1 Me. 189. is little that cannot be subverted.

OmnIa prresumuntur contra spoliato­ Omnis deflnitio in lege periculosa. All

rem. All things are presumed against a

defi ni tion in law is hazardous. 2 WOOd.
des poiler or wrong-tIoer. A leadi ng maxim Lect. 196.
,
in the la w of evidence. BesL, E v . p. 340, a mn is exceptio est ipsa quoque
§ 303; B room .Max. 938.
•
regula. Every exception is itself also a mle.

Omnia. prresumuntur legitime facta Omnis indemnatus pro innoxis legibus

donee probetur in contrarium. All habetur. E very un condemned person is
thin gs are presu m ed to be lawfully done. un.. beld I.ly th e law as i nnocent. Lofft. 121-
til proof be made to the conLrary. , Co. Litt.
232b; Best. Ev. p. 037. § 300. Omnis innovatio plus novitate per­
turbat quam ultilitate pl'odest. E very
Omnia prresumuntur rite et solem­ innovation occasions more harm by its
niter eSBe acta. donee probetur in con.. novelty than benefit by its ut i lity . 2 Bnlst.
trarium. All things are presumed to have 338; B room , Max. 147.
been rightly and duly performed until it is
omnis interpretatio a1 fieri potest ita
proved to the contrary. Co. Litt. 232;
tienda est in lllstrumentis, ut omnes COD­
BrooHl. Max. 944.
trarietates amoveantur. Jenk. Cent. 96.
Omnia prresumuntur solemniter esse E very i nt erpretati on. if it can be done, is to
acta. Co. Litt. 6. All t hings a re presu med be so made in instruments that all contra­
� have been done rightly. dictions may be removed.
 O�lNIS INTERPRETATLO, ETC. 849 ONCUNNF.

Omnia interpretatio vel declarat, vel ON CALL. There is no legal dilference

extendit, vel restringit. Every interpre­ bet\veen an obligation payable "when d�
tation either declares. extends. or restrains. manded" or "on delnand" and one payable
"on call" or "at Bny time called for." In
Omnis nova oODstitutio futuris formam
each case the debt is payable immediately
imponere debet, non prreteritis. Every .
22 Grat. 609.
Dew statute ought:. to prescribe a form to
future, not to past. acts. Bract. fol. 228; 2 ON CONDITION. These word! may be
InBt. 95. construed to mean lion the terms, Of in order
to effectuate the intention of parties. 4
Omnia persona est homo, sed non
Watts & S. 302.
vic issi m . Every person is a man, but not
every man a person. Calvin. ON DEFAULT. In case of defaulti upon
failure of stipulated action or performance ;
Omnis privatio prresupponit habitum.
upon the oCCurrence of a fail ure. omission,
Every privation presupposes a former enjoy.
or neglect of duty.
ment. Co. Litt. 339a. A .. rule of phi­
l050phie" quoted by Lord Coke. and applied ON DEMAND. A promlBsory note pay­
to the diacontinuance of an estate. able "on demand" i8 a present debt, and is
payable without any demand. 2 Mees. & 'V.
Omnis querela et omnis actio injuria..
461; 39 Me. 494.
rum limits est infra certa tempora. Co.
Litt. 1 l4b. Every plaint and every action ON FILE. Filed ; entered or placed upon
for injnries is limited within certain times. the flies; existing and remaining upon or
among the proper files.
Omnis ratihabitio retrotrahitur et
mandato priori requiparatur. Every ON OR ABOUT. A phrase used In re­
ratificatIOn relates back and is equivalent to citing the date of an occurrence or convey­
a prior authority. Broom, Max. 757 , 871; ance, to escape the necessity of being bound
Chit. Cont. 196. by the statement of an exact date.

Omnis regula SUQS patltur exoeptiones. ON OR BEFORE. These words, in­

Every rule is liable to its own exceptions. serted in a stipulation to do an act or pay
money, entitle the party stipulating to pe:
OMNIUM. In mercantile law. A term
form at any time before the dny; and upon
used to express the aggrf'gate value of the
performance, or t.�nder and refusal, he is im­
different slock i n which a loan is usually
mediately vested with all the rights which
fllnded. Tomlios.
would have attached if performance wore
Omnium contributione sarciatur quod made on the day. 6 J. J. Marsh. 156.
pro omnibus datum est. 4 Bing. 121.
Once 0. fraud, always a fraud. 13 Yin.
That which is given for all is recompensed
Abr. 530.
bytbe contribution of nIl . .A principle of the
law of general average. ONCE A MORTGAGE, ALWAYS A
MORTGAGE. This rule signifies that an
Omnium rerum quarum usus est. potest
instrumenl originally intended liS a mortgage,
esse abusus, virtute Bolo excepta. There
and not a deed. cannot be con verteJ. into any­
may be an abuse of everything of which
thing else than a ruol-tgage by any SUbsequent
there is a nse, virtue only excepted . Dav. Ir.
clause or agreement.
K. B. 79.
Once a recompense, always a recom·
ON ACCOUNT. In part payment; In pense. 19 Vin. Abr. 277.
partie.l satisfaction of an account. The
phrase is usually contrasted with " i n full." ONCE IN JEOPARDY. A phrase used
to express the condition of a person charged
ON ACCOUNT OF WHOM IT MAY with crime, who has once alrE'3dy, by legal
CONCERN. When a policy of insurance proceedings, been put in danger of condo­
expresses that the insurance is made "on ac� tiOD and punishment for the same offense.
tount of whom it may concern , " it will cover
Once quit and cleared, ever quit and
all persons having an insurable interest i n
oleared. (Scotch. an is quit and clenged, ay
tbe subject-.matter at the date of the policy
quit and clenged . ) Skene, de Verb . Sign.
and who were then contemplated by the party
voc. II Iter. , " ad tin.
procuring the insurance. 2 Pars. Mar.
Low, 30. ONCUNNE. Accused . Du Cange.
.J..lI.DICT.LAw-54
 100,000 POUNDS CLAUSF. 850 OPEN CORPORATION

N � .li E H U N D R E D THOUSAND ONUS IMPORTANDI. The cbarge 01

P O '(J N D S CLAUSE. A precautionary importing merchandise, mentioned in St.
stipulation insclted in a deed making a good 12 Car. II. c. 28.
tenant to the pra'cipe in a common recovery.
ONUS PROBANDI. Lat. Burden ot
see ] .erest. Conv. HO.
O ONE- THIRD NEW FOR OLD. See
proving; the burden at proof.
meaning at the term "onus p1'obandi" is
The strict

NEW YOR OLD. that. if no evidence is adduced by the party

on whom the burden is cast, the issue must
ONERAND O PRO RATA POR­
be found against him. 1 Houst. 44.
TIONIS. .A. writ that lay for ajoint tenant
or tenant in common who wa.s distrained for O P E C O N S I L I O. Lat. By .ld and
more rent than bis proportion of the Jand counsel. A civil law term appli�d to acees·
comes to. Reg. Orig. 182. saries, similar in import to the "aiding and
abetting" of the common law. Often writ­
ONERARI N0N. In pleading. The
ten " ope et cOllsilio." Burrill.
name of a plea, in an action ofdabt. by which
the defendant says that he ought not to b e OPEN. 1. To open a case is to begin it:
chargeu. to make an initiatory explanation of its feat.
ONERATIO. A lading; a cargo. ures to the court, j ury, referee, etc. , by out­
lining the nature of the transaction on which
ONERATUR NISI. Se. O. Nr.
it is founded, the questions involved. and
ONERIS FERENDI. Lat. In the civil the character and general coune of the evi·
law. The servitude of support; a servitude dence to be add uced.
by which the wall of a bouse is required to 2. To open a court is to make a lormal an·
.ustain the wall or beams of the adjoining nouncement, usually by the crier. that ita
house. session has now bf'gun, and that the business
before the court will be proceeded with.
ONEROUS. A contract, lease, share, or
3. '£0 open a legal document. e. g., a depo­
otllCr rlght is said to be " onerous" when the
sition, is to break the seals by which it wall
obligations attaching to i t counter-balance or
secured. a n d lay it open to view, or to bring
exceed the advan ta.ge to be derived from it,
it into court ready for use.
either absolutely or with reference to the par­
ticular possessor. Sweet.
4. To open a judgment. decree, or similar
act of a court is to lift the bar of finality
ONEROUS CAUSE. In Scotcb law. A which it imposes, so as to allow a party who
good and legal consideration. is entitled to such relief to proceed to a re.
ONEROUS CONTRACT. In the civil examination of the merits.
law this term designates a contract based up­ 5. To open a street or high way is to estab­
on nnyconsiderationgiven or promised. how­ lisb it and make it a \'aiJ able to public travel.
ever t.ritling or inconsiderable such consider­ 6, To open a rule 01" order is to revoke the
ation may be. Civil Code La. art. 1767. action by which it was made tinal 01' abso­
lute, and give an opportunity to show cause
ONEROUS DEED. I n Scotch law. A
against it.
deed given for a valuable consideration.
7. To open bids received on a judicial sale
Bell.
of properLy is to reject or cancel them for
ONEROUS GIFT. A gift made suhject fraud or other cause, and direct a resale.
to certain charges imposed by the dOllar on
OPEN 'ACCOUNT. An accollnt which
the donee.
has not been finally settled or closed, but is­
ONOMASTIC. .A. term applied to the still running or open to future adjustment or
Signature of an instrument, the body of which liqu idation.
is iu a different handwri ting from that of the Open account, 1n legal as well as in ordinary lan,
Signature. Best. Ev. 315. guage, means an indebtedness subject to future
adjustment, and which ma.y be reduced or modi·
ONUS. I.-a.t. A burden orloadi a weight. fied by proof• . 1 Go., 275,
The lading, burden. oj' cargo of a vessel. A
chargei an incumbrance. Cu;mone1'e, (q,v.,) OPEN A CREDIT. To accept or pay
with the incumbrance. the draft of a correspondent who haa not
furnished funds. Pardessus, no. 296.
ONUS EPISCOPALE. Ancientcustolll­
ary payments from the clergy to their di oce­ OPEN CORPORATION. One in which
san bishop, of synodals, pentecostals, etc. 211 the citizens or corporators have a vote in
 OPEN COURT 851 OPER�TlON OF LAW

the election or the OmCeI'! of the corporation. commence their proceedings i8 thence termed
3 Bland, 416. note. the "commission day of the assizes." Brown.

OPEN COURT. This term may mean OPENING A JUDGMENT. The 8cl
either a collrt which has been formally can· of the court i n so far reJaxing the finality
vened and declared open for the transaction and conclusiveness of a judgment as to allow
of its proper judicial busi ness, or a court a re-examination of the case on which it
which is freely open to the approach or all was rendered. This is done at the instance
decent and orderly persons in the character of a party showing good cause wby the exe.
of spectators. cution or the judgment would be inequitable..
It so far annuls the judgment as to prevent
OPEN DOORS. In Scotch law. "Let­ its enforcem ent until the final determination
ters of opan doors" are process which em­ upon it, but does not in tile meun time release.
powers tlle messenger, or officer ot the law, its lien upon real estate.
to break open doors of houses or rooms in
which the debtor bas placed his goods. Bell. OPENING A RULE. 'fhe 8ct of .....
storing or recalling a rule which has been
OPEN FIELDS, or MEADOWS. In made absolute to its conditional state, as a
English law. Fields which are undivided, rule nisi, 80 as to readmit of cause being
but belong to separate ow ners; t.he part of shown against Lhe rule. Thus, when a rule
each owner is marked off by boundaries un­ to show cause has been made absolute under
til the crop has been carried olf. when t.he 8 mistaken impression that no counsel had
pasture is shared promiscuollsly by the joint been instructed to show cause against it, it
herd of all the owners. Elton, Commons, is 118llal for the party at whose inAtance the
3 1 j Sweet. rule was obtained to consent Lo have the rule
opened, by which all the proceedings subse-­
OPEN INSOLVENCY. The condition
quent to the day when cause ought to have
of one who bas no property, within the reach
been shown against it are in effect nullified,
of the law, applicable to the payment of any
and the rule is then argued in the ordinary
debt. 8 Blackf. 305.
way. Brown.
OPEN LAW. The making or waging of
O P E N I N G BIDDINGS. In equity
law. Magna Charta, c. 21.
practice. The allowance by a court, on suffi­
OPEN POLICY. In marine insurance. cient cause shown. of a resale of property
One in which the value of the subject insured once sold under a decree.
is not fixed or agreed upon in the policy. as
OPENING THE PLEADINGS. Stat­
between the assured and the underwriter.
ing briefly at a trial before a j n ry t.he sub­
but is left to be estimated in case of loss.
stance of the pleadings. This is done by the
Tlie term is opposed to " valued poHcy, " i n
j u nior counsel for the plaintiff at the com.
which the value of the subject insured is
mencement of the trial.
fixed for the purpose of the jnsurance, and
expressed on the face of the policy. MOZley OPENTIDE. The time after corn is car­
&; Whitley. ried out of the fields.

OPEN THEFT. In Saxon law. The OPERA. A composition of a dramatic

Bame with the Latin Ufurtum manifestum," kind. set to music and sung. accompanied
witll musical instruments, and enriched with
(g • • • )
appropriate costumes, scenery, etc. The
OPENING. In American practice. The
house in which operas are represented is
beginning; the commencement; the first ad­
termed an "opera.llOuse. " 1 Pittsb. u.. 71.
dress of the counsel.
OPERARII. Such tenants, u nder felldal
OPENIN G A COMMISSION. An en· tenures. as held some litUs portions of land
teri ng IIpon the duties under a commission, by the duty of performing bodily labor and
or commencing to nct under a commission. servile works for their lord.
is so termed. Thlls, the judges of assize
OPERATIO. One day's work performed
and nisi priu.1l derive their authority to act
by a tenant for his lord.
under or by virtue of commissions directed
to them for thli.t purpose; and. when they OPERATION OF LAW. This term
commence acting under the powers so com­ expresses the man ner in which rights. and
mitted to them, they are said to open the sometimes HabUit,ies, devolve upon a person
commissions; and the day on which they so by the mere application to the particular
 OPERATIVE 852 OPTIMA EST LEX QUA;, ETC.

N transaction of the established rules ot law, decision reached in regard to a canse tried or
without the act or co-operati on of the party argued LJefore them, expo llmling the law as
hi mself. applied to the case, and detail ing the reasons
upon which the jUdgment is based.
OPERATIVE. A workm an ; a laboring
o man ; an artisan ; particularly one employed Oportat quod certa res deducatur in
in factories. donationem. It is necessary that a certain
thi ng be brought into the gift, or made the
OPERATIVE PART. That part of a
subj ect of the conv eyance. Bract. foJ. 15b.
conveyance. or of any iro.strument intended
for tbe creation or transference of rights, by Oportet quod certa. res deduoatur in
which the main object of the instrument i s judicium. Jank. Cent. 84. A thing cer­
carried into effect. I t i s distinguished from tain must be urought to judgment.
introd u cto ry matter, recitals, formal conelu­
Oportat quod certa sit res qure vendi­
sjon, etc.
tur. It is necessary that there should bEl a
OPERATIVE WORDS, in a deed or certain thing which is sold. To make a valid
lease. are the words which effect the transac­ sal e. there must be certainty as to the thing
tion intended to be cons ummated by tlle in­ which is sold. Bract. fol. 61b.
strumen t.
Oportet quod certre personoo, terrm,
OPERIS NOVI NUNTIATIO. In the et certi status comprehendantur in dec­
civil law. A proLest or warning against [of] lara.tione usuum. 9 Coke, 9. It is neces­
a lle w work. Dig. 39. 1. sary that given persons. lands. and estates
should be comprehended in a declaration ot
OPETIDE. The ancient time of mar­
uses.
riage, from Epiphany to Ash-'Vednesday.
OPPIGNERARE. Lat. In the civil
Opinio est duplex, scilicet, opinio vul­ law_ To pledge. Calvin.
garis, orta inter graves et discretos, et
quoo vultum veritatis habet ; et opinio OPPOSER. A.n officer formerly belong.
tantum orta inter leves et vulgares iog to the green-wax in the exchequer.
homines, absque specie veritatis. 4 Coke,
OPPOSITE. An old word for "oppo­
107. Opinion is of two kinds, namely, cow­
nent. "
man opinion. which springs up among gl'3ve
and discreet men, and which bas the appear� OPPOSITION. In bankruptcy prac·
ance of trutb, and opinion which springs up tice. Oppos i tion is the refusal of a creditor
ouly among light and foolisb men, witbout to assent to the debtor'. diSCharge under the
the semblance of truth. bankrupt law.

Opinio qure favet testamento est te­ In French law. A mot ion to open a
nenda. The opinion which favors a will is to judgment by default and l et the defendant
be followed. 1 W. BI. 13, argo in to a defense.

OPINION. 1. In the law of evidence, OPPRE SSION. The m i sdemeanor com­

opinion is an in ference or conclusion drawn milled by a p uLlic onke!', who. under color
by a wi t nes s from facts some of which are of his office, wrongfully intlicts upon any
known to him and others assumed, or drawn person any bodily harm. imprisonment, or
from facts which. though lending probability otlier injury. 1 Russ. Crimes, 2Y7; Steph.
to the inference, do n ot evolve it by a process
Dig. Crim. Law, 71-
of absolutely necessary rQasoning. OPPRESSOR. A public officer who un­
An infercnce necessarily involving certain facts
lawfully uses his authority by way of oppres­
may be stated without the fa(lts, the inference be­
sioll, (g. v.)
lng an equivalont to 6 speCification of tbe facts j
but, when the facts are not necessarily involved
OPPROBRIUM. In the civil law Ig.
in the inference (e. (J., when the inferenC'.e may be
.

sustained upon either of several distiuctphases of nominy ; infamy ; shame.

fact. neither of which it necessarily inVOlves,)
Whort. Ev. § 510.
Optima est legis interpres consuetudo.
than the facts must be stated.
Custom is the best i nterpreter of the law.
2. A. document prepared by an attorney for
Dig. I, 3, 37 ; Lofft, 237; Broom, Max. 93l
his client, embodying his u nd ersta nding of
the law as applicable to a state of facts sub­ Optima est lex qua> minimum relin·
mitted to bim for that p u rpose. quit arbitrio judicis j optimus judex qui
S. The statement by a judge or court of the minimum sibi. That law is tIle best wbit>.h
 OPTIMA, S'£ATUTI, ETC. 853 ORANDO PRO REGE ET HEGNO

leaves least to the discretion ot the judge; iog, it is denominated a ucall." If it gives
that judge is the best who leaves least to bis the choice of seIJing or not, it Is called a
own. Bac. Aphorisms. 46; 2 Dwar. St. 782. "put." If it is a combi nat ion of both these,
That l!Iystem of law is best which confides as and givea the privilege of eithe1' buying or
little as poss i bl e to the discretion of Lhe judge; selli ng or not, it is called a "straddle" or a
that judge the best who rel ies as little as pos­ "spread engle.1I T hese terms are used on
sible au his own opinion. Broom, Max. 84; the stock-exch ange.
1 Kent, Comm. 478.
OPTIONAL WRIT. In old Englisb
Optima statuti interpretatrix est (om­ practice. That species of original writ. oth·
nibus po.rticulis ejusdem inspectiB) ip­ erwise c<1 11ed a "pra:cipe." which was framed
sum statutum. The best interpreter of a in the alternative, commandi ng the defend·
Atatute is (all its parts being considel'ed) the ant to do the thing required. oTshow the rea·
atat'ltEl itself. 8 Coke, 1 l 7 b ; \V i ng. Max. p. son WIH'lrefot"e he had not done it. 3 BI.
239, max. 68. Corum. 274.

OPTIMACY. Nobil ity ; men of the high. OPUS. Lat. Work ; labor: the product
est rank. of work or labor.

Optimam esse legem, quro minimum o P U S LOCATUM. Tbe product ot

relinquit arbitl'io judicis j id quod cer­ work let for lise to another; or the hiring out

titudo ejus pr res tat. Tha.t law is tbe best of work or labor to be done upon a thing.
which leaves till' least discrelion to the judge; OPUS MANIFICUM. In old Engllsh
and this is an advantage which results from law. Labor done by the ha nds j manual la­
its certainty. Bac. Aphorisms, 8. bar; such as making a hedge. digging a d itch.
Fleta, l ib . 2, c. 48, § 3.
Optimus intel'pres rerum usus. Use
or usage is the best interpreter of things. OPUS NOVUM. In the civil law. A
2 Inst. 282; Broom, Max. 917, 930. 931. new work. By this term was meant some­
thing ne wly built upon land, or taken from
Optimns interpretandi modus est sic
a work alreat.ly erected. He was said OpU8
leges interpretari 1.1t leges legibus con­
novum face/'e ( to make a new work) who,
cordant. 8 Coke, 169. The best mode of
either by builtling or by taking anything
interpretation is so to interpret laws that they
away, cbanged the former appearance of 1\
may accord with each other.
work. Dig. a9, 1. 1, 11.
Optimus legum interpres consuetudo.
OR. A term used in heraldry, and sig.
' l11St. 75. Custom is the best interpreter
nifyiog gold ; cal1ed U50111 by some heralds
of the laws.
when it occurs in the arms of princes, and
OPTION. In English ecclesiastical " topaz" or " c arbuncle " when bOl'oe by peers.
law. A customary prerogati v e of an arch­ Engravers represent it by an indefinite Dum·
bisho1), when a bishop is cyosee ratell by him, ber of small pOints. Wharton .
to name a clerk or chaplain of his own to be
ORA. A Saxon coin, valued at sixteen
provided for by such suffragan bishop; in
pence, and sometimes at twenty pence.
lieu of which it is now uSllal for the bishop
to make over by deed to the archbishop, his ORACULUM. In the civil law. The
executors und assigvs, the next presentation name of a ki nd of response or sentence gi ven
of such dignity or benefice in tho bishop's by the Roman emperors.

disposfll within that see, as tbe archbisbop O R AL. Uttered by the mouth or i n
himBelf shall choose, which is therefore called words ; spoken, not written.
his " option. " 1 Bl. Comm. 381; 3 SteplJ.
ORAL PLEADING. Pleading by word
Comm. 63, 64; Cowell.
of mouth, in the actual prese nceof the court.
In contracts. An option is a privilege
This was the ancient mode of pleading in
existing i n one person, for which he bas paid
England, and continued to the reign of Ed.
money, which gives him the rigbtto bll,y cer­
ward lll . Steph. PI. 23-26.
tain m�rchalldise or certain speci fied securi­
ties from another person, if he chooses, at ORANDO PRO REGE ET REGNO.
any time within an agreed period. at a fixed An ancient writ which issued, while there
price, or to 8ell such property to such other was no standi ng collect for a sitting parlia.
person at an agreed price and time. If the ment, to pray for the peace amI good govern.
option gi ves the choice of buying or not buy. ment of the real m.
 ORANGEMEN 854 ORDEH OF DISCHARGE

N ORANGEMEN. A p arty i n Ireland tbe Cortes i n tbe year 1848. Schm . Civil
who keep alive the views of William of Law. Introd. 75.
Oran ge . 'Vb ar ton .
ORDER. In a gen eral sense. A man­
ORATOR. The plaintiff in a cause or date, precept; a c o mm and or direction au­
o m att er in chancery, when addressing or pe­ thoritatively given ; a rule or reg ulat ion.
tit.ioningihe court, used to style bimself " or­ 'I'he distinction between "order" and "requisi­
ator," and, when a woman, "oraLl'ix. " But tion" is that the first is a mandatory act, t.he lat­
ter a request. 19 Johns. 7.
these terms have long gone into disuse, and
the customary phrases now are "plaintiff" In practice. E ve ry direction of a co u rt
or " petitioner." or judge made or entered in writ,ing , anJ not
III Roma n law, the term denoted an ad­ included in a judgment, is deno m inated an
vocate . " order." An applicaLion for o.n o rder is a
motion. Code Civil Proe. Cal. § 1003; Code
ORATRIX. A female petitioner; a t... N. Y. § 400.
male plai ntiff in a bill i n chancery was for­
Orders a.re also issued by subordinate legislative
merly so call�d. authorities. Such are the English orders in coun­
cil, or orders issued by the privy council in the
ORBATION. Depriva t io n of one's pa­
name of the queen, either in exercise of the royal
rents or child ren, or privation in general. prerogative or in pursuance of an act of parlia­
Little used. ment. 'l'he rules of court under the judicature act
are grouped together in the form of orders, each
O RCINUS LIBERT ITS. Lat. In order dealing with a. particular subject-matter.
Roma n law. A freedm an who obtained his Sweet.

liberty by the direct operatio n of the will or An order is also an in fo r m al bill of ex­
testamerft of his deceased master was so clHlnge or letter of request whereby the party
called. being the f reedm an of the deceased, to whom it is addressed is d i rected to payor
(orcimts,) not of the h(Z'J·es. Brown. deliver to a person therein named the wbole
or part of a fund or olller property oC the pt::r­
ORDAIN. To i nst i tu te or est ab l is h ; to
so n making the order, and which is in the
make a n ordinance; to enact a con st itu tion
poss es�i on of the u ra wee.
Or law.
lt is fur th er 3 designation of tlle person to
ORDEAL. T he most ancient species of whom a bill of exchange or negotiable prom­
trial, in ,saxon and old Engl isll law, being issory note is to be paid .
peculiarly distinguished by the appellation It i s also used to d esign ate a ran k, class,
of "judicium Dei," 01' j U dgment of God, it or division of lIIen ; as the order of nobles,
being su pposed that sup ernatural interv en. orde r at' knights, order of pr iests, etc.
tion would rescue an i n nocent person from In French law. 'l' h� name order (01'dl'e)
the danger of pllysical harm to which h e is given to the operation wh i ch has for it::i
was exposed in this species of trial. 'fhe or­ object t.o fix tile milk of the preferences
deal was of two sorts,-either fire orde al or claimed by the crediturs in the tJistriiJut.ion
water orueal; the former being confined to of the price [arising from the sal e] of an itu­
persons of ilighl:lr rank, the l atter to the com­ movable atrected by their liF ns. Balloz, mot
mon people. 4 HI. Comm. 342. H Ordre. "
ORDEFFE. or ORDELFE. A liberty ORDER AND DISPOSITION of goods
w h ereby a lUall claims the are found i n h i s and chattels. 'Vhen goods are i n the " order
own land; also. the ore lying under land. and d ispos i Lion " of a ban kr upt , they go to
Cowell. his trusteo, an d have gone so since the time
of J a mes I. Wlmrton.
ORDELS. In old English law . The
right of administering oaths and adjudging ORDER NISI. A p rov isio nal or condi­
trials by ordeal w ith i n a precind or liberty. tional order, allowing a certain time within
Cowel1. which to do some required act, on fai l Ure ot

ORDENAMIENTO. In Spanish law. which the order wi ll be made absolute .

An order eman at ing from the sovereign, and
ORDER OF DISCHARGE. In Eng­
differing from a cedula only in form and in
land. An order made under the ba nkruptcy
the mode of its pro m u lgation. Schm. Civil
act of 1869, by a court of bankruptcy, the ef­
La.w. lutrod. 93, note .
fect of wh i c h is to distharge a ban kr upt from
ORDENAMIENTO DE ALCALA. all debts . claims, or demands prov8bl� under
A collection of Span ish la w pro m ulgated by the bankr uptcy.
 ORDER OF FILIATION 855 ORDINARY NEGLECT

ORDER OF FILIATION. An order ORDINANDI LEX. The law of pre..

made by a court or judge baving jurisdiction,
fixing the paternity of a bastard child upon
n given man, and requiring him to provide
for its support.
ORDER OF REVIVOR. In English
practice . An order as of cou[se for the con­
tinuance of an abated suit. It superseded
the bill of revivor.
ORDERS. The directions as to the course
snd purpose of a voyage given by the owner
of the vessel to the captain or master.
othel mea nings, see ORDER.
ORDERS OF THE DAY. Any memo
ber of the English house of commons who
wishes to propose any question, or to " move
tlle house," as it is tel'med. must, in order to
give the house due notice of his intention,
state the form or Dature of his motion on a
previous day and have it entered in a book
.
cedura, as distinguished from the substantial
part of the la w.
Ordinarius ita dicitur quia habet or·
dinariam jurisdictionem, in jure pro�
prio, et non propter deputationem. Co,
LitL. 96. The ordinary is so called because
he has an ordinary jurisdiction in his own
right, and not a deputed one.
ORDINARY. At cornmon law. One
who has exempt and i m mediate jurisdiction
in causes ecclesiastical. Also a bishop; and
For an archbishop is the ordinary of the whole
province, to visi t and receive appeals from
i nferior jurisdictions. Also a commissary or
official of a bishop or other eccleSiastical judge
h avi n g judicial power; an archdeacon ; officer
of the royal household. \Vhartoo.
In American law. A judicial officer. in
several of the states, clothed by statute with
powers in regard to wills, probate, adminis­
tration, guardianship, etc.

termed the "order-book ;" and the motions

In Scotch law. .A. single judge of the
80 e n tered , the house arran g es, sball be COll­
court of session , who decides with or without
sidered on particular dclYS , and such mot.ions
a j ury, as the case may be. Brande.
or matters, when the day arrives for their be­
In the civil l aw. A judge who has au­
ing considered. are then termed the " orders
thori ty to take cognizance of causes in bis
of the day. It B rown. A similar pru(',tice
own right, and not by deputat!�n.
obtaius 10 the legislative boLlies of this coun­
try. ORDINARY CARE. T hat degree of
care which persons of ordinary care and pru­
ORDINANCE. A rule established by
dence are accustomed to use and employ, un­
authority ; a permanent rule of action: a law
der the same or si milar circumstances, in order
or statute. In a more li mi ted sense, the term
to conuuct the enterpr i se i n which tbey are
is used to designate the enactments of the
engaged to a safe and su ccessful termination,
legislative body of a m unicipal corporati on .
havi n g due regard to the rights of others and
Strictly, a bill or law which might stand with
the objects to be accomplished. 8 Ohio St.
the old law, and did not alter any statute in force
at the time, and which became complete by the 581.
royal assent on the pal'l'iamcHt TOU, without any The phrase " ordinary care" is equivalent t o rea­
entry on the stattttc roll. A bill or law which sonable care, and necessarily involves the idea
migbt at any time be amended by the parliament, that such care was to be used as 8. reasonable per­
without any statute. Hale, Com. Law. An or· son, under like circumstances, would adoptto avoid
dinance waa otherwise distinguisbed from a stat­ an acci.dent. 3 Allen, 39. See, also, 25 Ind. 185; 6
ute by the circumstance that the latter required Duer, 633 ; 28 Vt. 458; 23 Conn. 443.
the threefold assent at: ki.ng, lords, and commons,
while an ordinance might be ordained by one or ORDINARY CONVEYANCES. Those
two oJ'these constituent bodies. See 4 lust. 25. deeds of transfer which are entered into be­
'fhe name has also been given to certain tween two or more persou!\, w i tliout an as­
enactments, more general in their character surance in 8 superior court of j ustice.
than ordinary statutes, and serving as or­ Wh art on.
ganic laws, yet not exactly to be called "con_
ORDINARY DILIGENCE is that de­
stitutions. " Such was the " Ordinance for
gree of care which men of common prudence
the government of the North·-West Terri­
gen erally exercise in their affairs, in the COUTl­
toryt " enacted by congress in 1787.
try and the age in which they live. 8
Brewst. 9.
ORDINANCE OF THE FOREST.
In English law. A. statuLe made touching ORDINARY NEGLECT or NEGLI·
matters and causes of the forest . 33 & 34 GENCE. The omission of that care wbich
Ed w I.. a man of common prudence usually takes of
 ORDINARY OF A.SSIZE, ETC. 856 01WAN1ZE

N his own concerns. 1 Edw. Ch. 518, 543. See ORDINIS BENEFICIUM. Lat. 10
24 N. Y. 181. the civil law. The benefit or privilege of
order; the p r i v i lege which a surety for 8
ORDINARY OF ASSIZE AND SES­
debtor had of requiring that his princi pal
SIONS. In old Englis h law. A deputy of'
should be discussed, or thoroughly prosecut·
o tbe bishop of the diocese. anciently appointed ed, befor e the cre di tor could ft:SOl't to him.
to give malefactors their neck- verses. and
Nov. 4, c. 1; Heinecc. Elem. lib. S, tit. 21,
j udge whether they read or not; also to per­
§ 883.
form divine services for'them, and assist in
preparing them for death. Wharton. ORDINUM FUGITIVI. In old En.
glish law. 'r hose of the religious who de­
ORDINARY OF NEWGATE. Tbe serted their houses, <lIld, throw i ng off the
clergyman who is attendant upon condemned
l'labits, renounced their particular order in
malefactors in that prison to prepure them
contempt of their oath anll otlwr obligations.
tor deatb ; he reco rds the behavior of such Paroch. A ntig. S88.
persons. Formerly it was the custom of the
ordinary to publish a small pamphlet upon ORDO. Lat. T hat rule whlcb monk.
the executi on of any remarkable criminal. were obliged to observe. Order ; regular slIc­
'\Vharton . cession. An order of a court.

ORDINARY SKILL In an art, means ORDO ALBUS. The white friars or Au·
that degree of ski1l which men e ngaged in gustines.Du Cange.
t.hat partIcular art usually employ; not that
ORDO ATTACHIAMENTORUM. tn
which belongs to a few men only. of extra­
old practice . The order of attachments.
,ordinary endowments anel capacities. 20 Pa.
Flela, l ib. 2, c. 51, § 12.
St. 130; 11 Mees. & W. llS; 20 Mart. (La . )
75.
ORDO GRISEU!3. Tile gray friars. or
'lrcll'r o f Cislercians. Du Can gt' .
ORDINATION is the ceremony by wbicb
ORDO JUDICIORUM. In the canOIl
a bishop confers on a person the pri v i!eges
law. The order of judgrnents j the rule by
and powers necessary for the execution of
which the due course of hearing each c..'\U::If.
sacerdotal functions i n the cburch. Pbillim.
was prescribed. 4 Reeve, E ng. Law, 17.
Ecc. Law, 110.
O R D O NIGER. The bbcl{ friars, or
ORDINATIONE CONTRA SERVIEN­ B enedictines. The Clu niacs likp\\ ise worE'
TES. A writ that lay aga.inst a servant for black. Du Cange.
leav i ng his master contrary to the ord i n ance
ORE-LEAVE. A license or rigM to dig
of St. 23 & 24 Edw. ill. Reg. O rig . 189.
and take ore from land. 84 Pa. St. 340.
ORDINATUM EST. In old practice.
ORE TENUS. By word ofmollth; orally .
It is ordered. The initial words of rules of
Pleading was ancien tly carried on OTe tenliS,
court whtm ent!'red i n Latin.
at the bar of the cou rt. 3 BI. Comm. 293.
Ordine placitandi sel'vato. servatur et
ORFGILD. I n Saxon Jaw. The price
jus. When the order of pleading is observed,
or vallie of a ben,st. A payme nt for a beast.
the law also is observed. Co. LitL. 303aj
The payment or forfeiture of a beast. A pen­
Broom, Max. 188.
alty for taking away cattle. Spelman.

ORDINES. A general chapter or other ORGANIC LAW. The fun damental

801eron can venUoI} of the religious of a par­ la w, or constitution, of a state or nation,
ticular order. writlen or u n w ritten: lhat law or sys tem of
laws or princi ples which defines and estab·
ORDINES MAJORES ET MINORES.
lishes t.he organi zation of its government.
In ecclesiastical law. The holy orders of
priest, deacon, and subdeacon. any of which ORGANIZE. To eslablish or furnish
qualilied for pre�enLal ion and admission to an with organs; to systf:'matize; to put tnto
eccle:;; iastical dignity or cure wel'/;l called "or­ working order; to arrange in order for the
dines ma}ores i " an d the inferior ordf'l's of normal exercise of its appropriate functions.
chanlers. psalm ists. osti:l.I'Y. reauer. exorcist, The woru " organize," as used in railroad
and acolyte were called " ordines mino1'es . " and otlil:lr chMter::l. o rdinari ly signifl es the
Persons ordained to the o1'dines 11l,i110reS had cho ice and qualification .or all necessary of­
their p1'ima ton�'lI,ra, d ifferent from the ficers for the transaetion of the busi ness of
t01l$t.lra cle1'icalill. Cowell. the corporatiun. 'rhis is usually done after
 OHGILD 857 OUPIIANAGE PAHT

all the capital stock has been subscribed for. compel the appearance of the defen dant.
38 Conn. 66. D isting uished from " mesne" process. which
issues, during the progress ot a suit. for
ORGILD. In Saxon law. Without
sOIDe s ubord i nate or collatt>ral purpose; and
recompensei as where no satisfaction was to
from "final" process, which is process of ex..
be made for thl}death of a mnn Idlled, so that
ecution .
he was j udgerl la wful ly slain. Spel man.
ORIGINAL WRIT. In English pmo­
ORIGINAL. Pri m iti ve ; first in order;
tice.
An original writ was the process for­
bearing its own authority. and not d eri v ing
merly in use for the comm encement ot per­
authority frem] an outside source; as originaZ
sonal actions. It was a ma n datory letler
j ll ri�diction . original writ, etc. As applied
from the king. issuing out of chan cery, sealed
to documents, the or igi n al is the Orst copy
with the great seal, and di rected to the sber..
or archetype; that from which another in­
iff of the county whereill lhu injury was co m ­
strument is transcribed, copi ed, or imitated.
mitted, or was supposed to have been COll­
O R I G I N A L AND DERIVATIVE m i tted, requiring him to command the

ESTATES. An original is the first of sev­
eral estates. bearing to each other the re­
laUon of a p a rtic ular estate and a reversion.
An original es tate is contrasted with a denv:t­
th'e estate; and a derivative estate is a par­
ticular interest carved out of anotber estate
of lar ger extent. Prest. Est. 125.
ORIGINAL BILL. In equity plead­
in g. A bill w hi ch relates to so me matter
not before litigated In the court by the salUe
persons stanuing in the same illt�rests.
Eq. PI. 33.
In old practice. The an ci ent
commencing nctions in the Engl ish court of
ki ng's bench. See BILL.
ORIGINAL CHARTER. In Scotch
Inw. On e by which the first grant of land
is mad e. On the other hand, a charter by
progress is onc rene wing the grant i 1 favor
of tile heir or Singular successor of the first
or succeeding vassals. Bell.
w ron g-doe r or accu sed party either to do jus­
ti ce to the p lain ti ff or else to appear in co u rt
and ans wer the accusation against him. T hi s
writ is now disuAed, the writ of summons
being the process prescribed by the uniformi­
ty of process act for commencing perso nal
actions; and under the judicature act, 1873.
all suits, even in the court of chancery. are
to b e commenced by such writs of summons.
B rown .
Mitf. ORIGINALIA. In English law. Tran­
scri pts sent to the remembrancer's office i n
mode of the excheq uer out of the chancery, distin­
guished from recorda, w hich contain the
judgments and pleadings in actions tried be­
fore t he bar ons .
Origine propria. neminem posse vo­
IUntate sua eximi manifestum est. It is
evident that no one is able of bis own pleas­
ure, to do a way with bis propel' origin. Code
10. 38. 4; Broom. Max. 77.

ORIGINAL CONVEYAlfCES. Thos. Origo rei inapici debet. The origin of

conveyances at common law, oLherwise a thing ought to be regarded. Co. LUt. 248b.
termed "primary, " by w hich a ben efi t or es­
ORNEST. In old English la w. The
tate is created or first arises; comprising
trial by battle. which does not .eem to have
feoffruents. gifts, grants, leases. exc hanges.
been usual i n E n gla n d before the timeof the
und partition s. 2 Dl. Com ru . 309.
Conqueror. though originating in the king­
ORIGINAL ENTRY. T he first en try doms of the nOl·th. wher� it was practict:d
of an item of an account m ade by a trader or under the name of " holmgang. " from the
ot her person in his account-books, as distin­ custom of fighling duels on a small island
guished from en tries postell into the ledger ot' holm. Wbarton.
or copi ed from other books. •

ORPHAN. A minor or i n fan t who has

ORIGINAL JURISDICTION. J u ris­ lost both (or one) of his or her parents.
diction in the first instance; j u risdiction to More parLicularly, a fatherless child. 33 Pa.
tak e cognizance of a cause at its inception. St. 9.
try it, and pass jud g m en t upon the la w and
ORPHANAGE PART. That portion of
facts. Disti n g uished from appellate juriS-
. an intestate's effects which bis childnm were
diction.
entitled to by the custom of Lon don. This
ORIGINAL PROCESS. That by which custom appears to have been a rem nant ot
a. judicial proceeding is i nsl i tu ted j process to what was once a general law all over Eng·
 OUT OF THE STATE 859 OUTSTANDING

OUT OF THE STATE. Beyond oea, not make his constant or principal residence,
(which title ••e.) is an outhouse. 2 Root, 516.
A smaller or subordinate building connecteil
OUT OF TIME. A mercantile phrase
with a dwelling, usually detached from it and
applied to a ship or vessel th at has heen so standing at a. little distance from it, not intended
long at sea as to justify the belief of ber total for persons to live in, but to serve some purpose of
108s. convenience or necessity ; as a barn, a dairy, a tool.­
honsel a.nd the like.
In another sense, a vessel is said to be out
9f time when, computed from her known OUTLAND. The Saxon thanes divided
day of sailing. the time that has elapsed ex­ their hereditary lands into inland, such as
ceeds the average duration of similar voyages lay nearest their dwelling, wbich they kept
at the same season of the year. The phrase to their own use. and outland, wbich lay be­
is identical with " m issing ship. " 2 Duef, yond the demesnes, and was granted out to
Ins. 469. tenants, at the will ot the lord, like copyhold
estates. This outland they subdivided into
OUTER BAR. In the English coLlrts,
two parts. One part they disposed among
barristats at law have been divided into two
those who attended their persons, called
classes, viz., queen's couDsel. who are admit­
II theoclans. I> or lesser thanes ; the other part
ted within the bar of the courts, in seats spe­
they allotted to their busbandmen, or churls.
cially reserved for themselves. and junior
Jacob.
counsel. who sit without the bar; and the
latter are thence freq uently termed barristers OUTLAW. In English law. One who
of the "outer bar," 01' " utter bar," in con­ is put out of the protection or aid ot tbelaw.
tradistinctIOn to the former class. Brown. OUTLAWED, when applied to 8 promis­
sory note, means barrtld by the statute of lim­
OUTER HOUSE. The name given to
the great ball of the parliament house i n
Itations. 37 Me. 389.
Edinburgh, i n which the lords ordinary of the OUTLAWRY. In English law. A pro­
court of session sit as single judges to hear cess by which a defendant or person in con­
causes. The term is used colloquially as ex­ tempt on a civil or .criminal process was de­
pressive of the business done there in contra­ clared an outlaw. If for treason or felony,
distinction to the "Inner House," the name it amounted to conviction and attainder.
given to the chambers in which the first and Stirn. Law Gloss.
second divisions of the court of session hold
O U T l' A R T E R S . Stealers of cattl,.
their sittings. Bell.
Cowell.
OUTFANGTHEF. A liberty or privi­
OUTPUTERS. Such as set watches for
lege in the ancient common law, whereby a
the robbing any manor-bouse. Cowell.
lord was enabled to call any man dwelling in
his mallOI', and taken for felony in another OUTRAGE. Injurious violence, or, in
place out of his fee, to judgment in his own general, any species of serious wrong oft'ered
court. Du Cange. to the pel'son, feelings. or rights of another.
See 44 Iowa, 314.
o U Ir F I T . 1. An allowance made by
OUTRIDERS. In English law. Bailiffs·
the United States government to one of its
errant employed by sheriffs or their deputies
diplomatic representatives going abroad, for
the expense of his equipment. to ride to tbe extremities of their counties or
bundreds to summon men to the county or
2. This term, in its Original use, as applying
hundred court. ·Wharton.
to ships, embraced those oujects connected
with a ship which were nect'ssary for the OUT ROPER. A person to whom the
sailing of her, and without which she would busi ness of selling uy auction was confined
not in fact be nav igable. Bllt i n ships en­ by statute. 2 H. Bi. 557.
gaged in whaling voyages the word has ac­
OUTSETTER. In Scotch ia.... P.b­
quired a much more extended signification.
hsher. 3 How. State Tr. 603.
9 Metc. (ill ass.) 364.
OUTSTANDING. L Remaining un­
OUTHEST, or OUTHOM. . A calling
discharged; unpaid : uncollected ; us an out-
.
men out to tbe army uy sound of horn.
standing debt.
Jacob.
2. Existing as an adverse claim or preten­
OUTHOUSE. Any bouse necessary tor sion ; not united with, 01' merged in, the title
the purposes of life, i n which the owner does or claim of the party; as an outstanding title.
 OUT OF THE STATE 859 OUTSTANDING

OUT OF THE STATE. B.yond •••• not make his constant or principal residence,
I wbich title .... ) is an outhouse. 2 Hoot. 516.
A smaller or subordina.te building connected
OUT OF TIME. A mercantil. ph",,,,,.
with a dwelling, usually detached from it and
applied to 8 ship or vessel that has been so lltanding at II. little distance from it. not intended
long at sea as to justify the belief of ber total for persons to live in, but to serve lIome purpose of
108s. convenience or necessitY i u a barn, a do.1ry, a. t.ool­
bonse, a.nd tbe like.
In another seDse, a vessel is said to be out
of time when, computed from ber known OUTLAND. Th. Saxon tbanes divided
day of sailing, the time that haa elapsed ex� their hereditary lands into inland. sucb as
ceeds the average duration of similar voyages lay nearest their dwelling. which they kept
at the same season of the year. The phrase to their own use., and outland, which lay be­
is identical with " missing ship." 2 Duer, yond the demesnes. and was gmnted out to
In•. 469. tenants, at the will ot the lord, like copyhold
estates. This outland they subdivided into
OUTER BAR. In tho EnglIsh courts.
two parts. One part they disposed among
barristers at law have been divided into two
those who attended their persons. called
classes. viz., queen's counsel. who are admit­
H theodans. " or lesser thanes ; the otber part
ted within tile bar of the courts, in seats spe-­
they allotted to their busbandmen, or churls.
eially reserved for themselves. and junior
Jacob.
counsel. who sit withcut the bar; and the
latter are thence frequently termed barristers OUTLAW. In English law. On. who
of the II outer bar. IJ or If utter bar, " in con­ is put out at the protectlon or aid of the law.
trad istinctlOn to the former class. Brown. OUTLAWED, when applied to 8 promis­
sory note. means ba.rred by the statute of lim­
OUTER HOUSE. Tb. name giv.n to
the great hall of the parliament house in
Itations. 37 Me. 389.
Edinburgh. in which the lords ordinary of the OUTLAWRY. In English law. A pra­
court of session sit as single judges to bear cess by which a defendant or person in con­
causes. The term is used colloquially as ex­ tempt on a civil or .criminal process was de­
pressive of the business done there in contra­ clared an outlaw. If for treason or felony,
distinction to the II Inner House. " the name it amounted to cOllviction and atta.inder.
given to the chambers i n which the first and Stirn. Law Gloss.
second divisions of the court of session hold
o U TPARTE RS. St.al .rs ot cattle.
their sittings. Bell.
Cowell.
OUTFANGTHEF. A liberty or privi­
OUTPUTERS. S uch as set watches for
lege in the ancient common law. whereby a
tbe robbing 81lY manor·bouse. Cowell.
lord was enabled to call any man d welling in
hie m:mor, and taken for felony i n another OUTRAGE. Injurious violence. or, in
place out of his fee. to judgment in his own general, any species of serious wrong offered
.court. Du Cange. to the person. feelings. or rights of another.
Se. 44 Iowa. 314.
o U 'r F I T . 1. An allowance made by
OUTRIDERS. In English law. Bailiffs­
the United States government to one of its
diplomatic representatives going abroad. for errant employed by sheriffs or their d�puties
to ride to the extremities or their co,-!nties or
the expense of his equipment.
2. This term, i n its original lise. as applying hundreds to summon men to the county or

to ships, embraced those objects connected hundred court. \Vbarton.

with a ship which were necPss8ry for the OUTROPER. A person to whom tho
sailing of her, and without which she would business of selling uy auction was confined
not in fact be navigable. Bilt in ships en­ by statute. 2 H. BJ. 557.
gaged in whaling voyages the word has ac­
OUTSETTER. In Scotch law. Pub­
quired a much more extended signification.
9 Mete. (M ass.) 364. lisher. 3 How. Stat. Tr. 603.
OUTSTANDING. 1. Remai ning un­
OUTHEST. or OUTHOM. A calling
discharged; 11 upai d ; uncollected; as an out-­
roen out to the army by sound of born.
standing debt.
Jacob.
2. Existing as an adverse claim or preten­
OUTHOUSE. Any house necessary tor sion; not uniled with,or merged in, the title
the purposes of Itfe. in which the owner does or claim of tbe party; asan outstanding title.
 OUTSTANDING TERM 860 OVERSEERS OF TilE POOR

N OUTSTANDING TERM. A term In OVERLIVE. To survive; to live longer

gros s at law, which. in equity, may be made than another. Finch. Law . b. 1, c. 3. DO.

atte nli a nt upon the in heri t ance, either by ex· 5S; 1 Leon. 1.
press declaration or by implication.
OVERPLUS. Wbat Is l eft beyond a cer­
o OUTSUCKEN MULTURES. In Scot ch tain amount; the resid ue : the remainder at
law. Out-town m ul t ur es ; multnres. duties. a th ing.
or tolls paid by persolls vol untarily g rindi ng
corn at any mill to which they are Dot thiTZed, OVERREACHING CLAUSE. In .
or bound by ten ure. 1 Forb. lost. pt. 2. p. resettlt�ment. a clause which saves the pow­
140. e rs of sale and leasing an n'9xed to the estate
for l i fe created by the ori ginal settlement.
OUVERTURE DES SUCCESSIONS.
when it is d esired to give the tenant for life
In French law, The rig ht of succession
th e same estate and powers under t he reset·
which arises to one upon the death, whether
tlement. The clause is 60 call ed because it
natural or civil, of another.
provid es that the resettlement shall be over­
OVELTY. In old En glish law. Equal ity. reached by the exercise of the old powers.
Ifthe resettl ement w ere executed with ou t a
oV E R. In conv.eyancing, the word
pro vision to this effect. the estate of the ten­
"'over" 18 used to deno te a contin gent limit­
ant for life and the annexed powers would be
ation intended to take effect on the fai l ure of
subjE'ct to any charges for portions . etc., cre­
a prior estate. Thus, i n what is commonly
ated under the original settleme nt . 3 Dav.
called the " name and arms chmse" in a will
Conv. 489; Sweet.
or s ettleme nt there is general ly a pro viso that
i!' the devisee fails to comply wi th the condi­
OVERRULE. To 8upersede ; annul; re­
tion the estate is to go to some one else.
j ect by su bsequent action or decision. A ju­
This Is a limitation or gift over . Wats.
dicial decision is said to be overruled w hen a
Compo Eq. 1110; Sweet. later decision. rendered uy t.he sam e court or
by a superior court in- the same system, ex­
OVERCYTED. or OVERCYHSED.
presses a jUdgmen t upon the same question
Proved guilty or con victed . Blount.
of law di rectly opposite to that which was
OVERDRAW. To draw upon a person before given, thereby d epriv ing the earlier
or a bank. by bills or cbecks, to an am ou nt opinion of all authority as a precedent. The
in e'(cess of th e funds remai ni n g to the draw­ tenD is not properly applied to conflicting
er's credit with the drawee. or to an am ou nt aecisions on the same poi nt by co-ordinate or
greater than what is due. indepen de nt tribunals.
The term "overdraw" ha. a. definite and well­ In anot her sense. "overrule" is spoken ot
understood meaning. Money is drawn from the
the action of a cou rt in refUSing to s ustai n .

bank by him who draws tbe check, not by bit'. w hl)

or recognize as sufficient. an objection made
receives the money; nnd it is drawn upon the ac­
count at the individual by whose check it is drawn, in t he course of a trial, as to the Introdu(}o
though it be paid to and for the benefit of another. tion at particul;lr evidence, etc.
No ono can draw money from bank upon his own
account, except by means of his 01""n check or OVERSAMESSA. In old English law.
draft, nor cau he overdraw his account with the
A. for feit ure for contempt o r neglect ill not
bank in any other manner. 24 N. J. Law, 47$,484.
pu rs uing a malefactor. 3 lnst. 116.
OVERDUE. .A negotiable i nstr u m ent
or other evidence of debt is overdue when the OVERS:EER. A Buperintendent or SUa
day of its m atn r ity i s past and it remains un­ pe rvisor ; a publlc officeI' whose duties in·
paid. A vessel is said to be overdue when volve ge neral superintendence of routine
she has not r ea ched her destination at the affairs.

time when sbe m ig ht ordinarily hav e been

OVERSEERS OF HIGHWAYS. T he
expected to arrive.
name given, in some of the states, tQ a board
OVERHAUL. To inquire into; to re­ of officers of a City. township, or county.
view i to disturb. "The merits of a judg­ whose sp ecial function is th e construction
ment can never be overhauled by an ori ginal and. repair of the public roads or high ways.
It
l5uit. 2 H. HI. 414.
OVERSEERS OF THE POOl!. Per·
OVERHERNISSA. In Saxon law. Con­ sons flPPoin ted or elected to take cure of the
tumacy or contempt of court. u.g. 1Etll el . poor wit.h mo neys furnished to them by the
c. 25. public a u thori ty.
 OVERSMAN 861 OYER AND TEIlMI:-!Er:

OVERSMAN. In Scotch law. An um­ enjoy and do with as he pleases. even to spoll OJ

pire appoi n ted by a s ubm ission to deci de destroy it, 8S tar as the law permits, unless he be
prevented by SOme ngrp,ement or covenant whicb
wlwre two arbiters bave differed in opinion.
restrains his right. Bouvier.
or he is nnined by the arbiters themselves,
undr r powers given them by the submission.
OWNERSHIP. The complete dornlllion,
BelL
title, or proprietary right in a thing or claim,

OVERT. Open; manifest; p nblic ; issu· See PROPERTY.

tng in act i on , as distinguished from that The ownerShip of a thing i s the right at
whfch rests merely in in tention or des ign. one or more persons to possess and USB i t to
the exclnsion of others , In this Code , the
OVERT ACT. In crim in al law. An th i ng of which there mily be ownerShip is
open . manifest act from wh ic h criminality called "property." Civil Code Cal. § G54.
may be implied. An open act, which must Ownership is the right by which a thing
be manifestly proved. 3 Ins t. 12. belongs to so me ODe in par ticu lar, to the ex·
clusion o! all other persons. Civil Code La.
OVERT WORD. An ope n , plain word,
nrt. 488.
Dot to be misunderstood. Cowell.
OwnerShip is divided into perfect nnd impel"

OVERTURE. An opening; a p roposal . feet. O'�Dcrship is perfect when it is perpetual,

nnd wben the thing is uninoumbered with any real
right towards any other person than the owner.
OWELTY. Equality. This word is used
On the contl-ary, ownel'sbip is imperiect when it
In law in several compound pllrases, as fol­ is to terminate at a certain time or on a condition,
lo ws : or it the thing which is the object of it, bcing an
1 . Owelty 0/ partition is a B u m of money immovable, is charged with any real right toward.,
a. third person; as a. usufruct, use, or servitude.
paid by one of two coparcenel's or co-tenan ts
When an immovable is subject to a usutruct, the
to the other, wh e n a parti tio n has been t:!f­ o,vner of it is said to possess the naked ownerahip.
feeted between them, but, the land not be· Civil Code La, art. 490.
ing susceptible of division into exactly equal
shares, such payment is required to make OXFILD. A restitution anciently mada
the portions respectively assigned to them of by a h u ndred or co u n ty for any wrong done
equal value. by one that w as within the same. Lamb.
2. In the feudal law, when there is lord, Arch . 125.
mesne, and tenant. and the tenant balds the
mesne by the same service that the m esne O X GA N G In old Engli sh law. As
holds over t.he lord above h i m , this was called much land as an ox could till. Co. Litt. 5a.
" o w e!ty of ser vices. " To m li ns. A meas u re of land of u n ce r ta i n quantity. In

3. Owelty of exchan.qe is a s um of mon­ Scotland, it consisted of t h irt een acres. Spel­

ey given, when two persons have exchanged man.
lands, by the owuer of the less valuable es­
OYER. In old practice. lieal'i ng; the
tate to the owner of the more valuable. to
hea ri ng a deed read . w hich a party snedon a
equ<llize the e xchange.
1>ond, et c. , might pray or demand. and it w<\s
OWING. Som eth i n g unpaid. A debt. t i L e n read to h i m uy the other party; the ell­
for example. is owing while it is unpaid, and try on the record being , "et ei legitttr in hac
wbether it be due or not. ve1'ba, " ( and i t is read to h i m i n these worrts.)
SLeph. Pl. 67. 68; U BI. Comru . 299; 3 Salk.
OWLERS. In English law. Persons ll�.
w h o carried wool. etc., to the sea-si de by In modern practice. A copy of a bond
night, in order t hat it might be ship ped off
or specialty sued upon. gi ven to tlle op pos i te
contrary to law. Jacob.
party I i n lieu of the old practice of ?'cadi?l g it.

OWLING. In English law. The offense

of tl"nnRporling wool or s h eep out oF t he king­ o Y E R A N D TERMINER. A lull!
French phras e applied in Eligtand to the as­
dom; 50 called from its being ll s u al ly carried
sizes. which are so called from the com mis­
on in the nigllt. 4 BI. COIll Ill . 154.
sion of oyer and terminer directed to the
OWNER. The person in whom is vested judges, em po weri ng them to "in qu i re . heaT,
the o w ners hip, dominion, ortiLJeof property; and detennine" all treasons. felonies. and
prop rie tor. misdemeanors. This commission is now is­
He who ba91.ominion of a thing, real or personal. sued rpgularly, Ullt was formerly used on ly
ool'porenl or tncorpol'eal, which he has a. dgut to on parLi<.:ulal' occas iqns, as upon s udden out-
 OYER DE RECORD 862 OYEZ

N rage 01' insurrection I n any place . In the lIake, wUl bear or look upon aDY record.
United States, the higher criminal courts are Cowell.
called "courts of oyer and terminer. '" Bur..
OYEZ. Hear yeo A word used In courts
rill.
by the public crier to cOlDwand attention

o OYER DE RECORD. A petition made

in court that the Judges, for better proof'e
when a proclamath'm ia about to b8 made.
Commonly corrupted into "0 YM.'"