Open

1, V. (1) To begin: as, to open an argument.

See Affirmative (1). (2) To order a resale: as, to open biddings received on judicial sale for irregularity, fraud, or gross inadequacy of price.' See further.BlD. (3) To proclaim as convened and ready for the transaction of judicial business: as, to open court. Compare Open, 2, (6); Crier. (4) To set aside, vacate: as, to open a decree, a judgment. (5) To restore or recall to its conditional state: as, to open a rule made absolute, in order to admit of cause being shown against the rule. (6) To explain the nature of the issue, and the evidence to he offered: as, to open a trial, a hearing, a case.s (7) To admit the public to its use; to clear of obstructions: as, to open a street or road.'

1 Mundorfl v. Wickersham, 63 Pa. 89 (1869), cases. 2 Finch V. United States, 102 U. S. 272 (1880). s Rogers v. Law, 1 Black, 361 (1861). * State 1). Kelsey, 44 N. J. L. 33 (1882). 'Taylor v. Taintor, 16 Wall. 369 (1872). • Beers v. Haughton, 9 Pet. 368 (1856), Story, J. ' See Tripp v. Cook, 26 Wend. 156-57 (1841); 31 Miss. 514; 13 Gratt.639; Sugd. Vend. 90.

— 8 [3 Bl. Com. 366; 10 F. E. 825; 89 N. C.543; 10 Oreg. 176. Whenever a public road is traveled it is in fact opened, although nothing may have been done by the overseers for the purpose of opening it. ' A road which is not closed or inclosed, shut up or obstructed, must be an opened road,^ A highway laid out and established through wild and unf enced lands, and afterward used and traveled by the public, is " lawfully opened." ' 2, adj. (1) Subject to adjustment or dispute; still continuing: as, an open account, q. V. (2) Public; overt, q. v.: as, an open act of crime. See (10); Patent, 1. (3) With names of witnesses not named, or time and place not fixed: as, an open commission to take testimony. (4) Unperformed: as, a contract left open. (5) In which all members have a voice in the election of officers: as, an open corporation, q. V. (6) In session, organized for the transaction of judicial business;

— or public, free to all: as, open court.^ See Open, 1, (3); Chambers. Courts of equity are said to be always " open." ^ (7) In the presence of witnesses; public: as, an open entry upon land." (8) In a condition admitting the filing of objections: as, open to exception. (9) With no property applicable to the payment of debts: as, open insolvency.' (10) Opposed to secret. Indecent exposure of the person to one individual of the opposite sex constitutes " open " lewdness, q. v. (11) Not restricted as to person, time, or, perhaps, as to price: as, an open order to sell realty. (13) With the value of the subject to be ascertained in case of loss: as, an open policy of marine insurance, q. v. (13) An instruction that if a defect in a sidewalk was "open and notorious" the defendant is chargeable with notice, is not erroneous. "Open" would not imply the existence of an " open hole " in the sidewalk, but " not concealed, not hidden, exposed to view, apparent," a secondary signification in which the word is frequently used.* Keep open. See Keep. Open door.

See HorsE.