Original

Occurs, without much deviation from the vernacular meaning, in several technical terms and phrases. Original bill.

1.

This was the name 2. In equity pleading, a bill which relates to some matter not before litigated in the coiu-t by the same persons, standing in the same interests, is called an original bill, in contradistinction from a cross-bill, a bill of revivor, of supplement, &c. See Bill. Original charter. A Scotch phrase for that charter which is granted first to the vassal by the superior.

Wharton.

Original contractor. In the Missouri mechanic's lien law, includes a party furnishing material to a railroad company, under a contract with its president.

Hearne 1).

Ch Ulicothe, &c.

R. R. Co., 53 Mo. 324.

Original conveyances

Those conveyances by means whereof the benefit or estate is created or first arises. The term includes: 1.

Feoffment; 2. Gift; 3. Grant; 4. Lease; 5. Exchange. 2 Bl. Com. 309, 310.

Original entry

The first series of entries made in a set of books of account, as distinguished from the charges and credits as they appear when classified and posted. The rule is, that the book of original entries is the primai-y one, to be produced in evidence.

Original estate

An original is the first of several estates, bearing to each other the relation of a particular estate and a reversion. An original estate is contrasted with a derivative estate; and a derivative estate is a particular interest carved out of another estate of larger extent.

Pres. Est. 125.

Original inventor

A person, to be entitled to the character of an inventor, must himself have conceived the idea embodied in his improvement. If, however, he is aided by the suggestions of others in arriving at the useful result, and if, after all the suggestions, there was something left for him to devise and work out by his own skill and ingenuity, he may still be regarded as the first and original discoverer. But if the suggestions and communications of others go to make up a complete and perfect machine, embodying all that is embraced in the patent subsequently issued to the party to whom the suggestions were made, the patent is invalid.

Pitts v. Hall, 2 Blatchf. 229.

Original jurisdiction

Authority to take cognizance of a controversy in its first condition, and to try and determine the questions of fact, and apply the law, as distinguished from appellate jurisdiction.

See Appellate.

Original O'wner

The words original owners, in the prospectus of an oil company, are not terms of art, science, or trade, requiring the aid of experts for ex- Original 'writ. An original writ was the process formerly in use for the commencement of personal actions. It was a mandatory letter from the king, issuing out of chancery, sealed with the great seal, and directed to the sheriff of the county wherein the injury was committed, or was supposed to have been committed, requiring him to command the wrong-doer or accused party either to do justice to the plaintiff, or else to appear in court and answer the accusation against him. This writ is now disused, the writ of summons being the process prescribed by the uniformity of process act for commencing personal actions; and under the judicature act, 1873, all suits, even in the court of chancery, are to be commenced by such writs of summons.

Sroum

Original writs differ from each other in their tenor, according to the nature of the plaintiff's complaint, and are conceived in fixed and certain forms. Many of these forms are of a remote and undefined antiquity; but others are of later origin, and their history is as follows: The ancient writs had provided for the most obvious kinds of wrong; but in the progress of society, cases of injury arose, new in their circumstances, so as not to be reached by any of the writs then known in practice; and it seems that either the clerks of the chancery (whose duty it was to prepare the original writ for the suitor) had no authority to devise new forms to meet the exigency of such cases, or their authority was doubtful, or they were remiss in its exercise. Therefore, by the statute of Westm. 2, 13 Edw. I. ch. 24, it was provided, " that as often as it shall happen in the chancery that in one case a writ is found, and in a like case, falling under the same right, and requiring like remedy, no writ is to be found, the clerks of the chancery shall agree in making a writ, or adjourn the complaint till the next parliament, and write the cases in which they cannot agree, and refer them to the next parliament," &c. This statute, while it gives to the ofl Scers of the chancery the power of framing new writs in a like case with those that formerly existed, and enjoins the exercise of that power, does not give or recognize any right to frame such instruments for cases entirely new. It seems, therefore, that for any case of that description no writ could be lawfully issued, except by authority of parliament. But, on the other hand, new writs were copiously produced, according to the principle sanctioned by this act, i.e. in a like case, or upon the analogy of actions previously existing; and other writs, also, being added from time to time, by express authority of the legislature, large accessions were thus, on the whole, made to the ancient stock of brevia originalia. All forms of writs, once issued, were entered from time to time, and preserved in the court of chanwas first committed to print, and published. This book is still an authority, as containing in general an accurate transcript of the forms of all original writs as then framed; but a variation from the register is not conclusive against the propriety of a form.

Wharton.