Oyer

' At common law, a defendant may " crave oyer " of the writ, bond or other specialty upon which the action is brought; that is, petition to " hear" it read. 6 The generality of defendants, in times of simplicity, being supposed incapable to read, the whole of an instrument sued upon was entered verbatim on the record. The defendant could then take advantage of any part not stated in the declaration." Oyer occurs where the plaintiff in his declaration, or the defendant in his plea, finds it necessary to make profert [production] of a deed, probate, letters of administration, or other instrument under seal, and the go Ohio St. 473; as to a homestead, 38 Mich. 168; 21 Minn. 101, 107; 2 N. M. 101; as to mechanics' liens, 3 Kan. 499; 25 N. J. -E. 284; 9 N. Y. 435; 11 Barb. 13; 2 E. D. Smith, 681; 12 Abb. Pr. 129; 2 Ohio St. 114, 123; as to tax laws, 2 Gray, 189; 22 Wall. 263; as to dower, 2 111. 814; 3 Kan. 499; as to bailments, 2 Craneh, C. C. 83; 23 Wall. 35; as to a flre-escape, 105 Pa. 232; as to a factory, 9 Mete. B62; as to infected animals, 76 111.

490. " Breck v. Blair, 129 Mass. 128 (1880); 133 id. 318; 18 F. E. 549, 547; Story, Partn. §§ 89,412. " See 2 Bl. Com. 488; 2 Steph. Com. 166, 200. s Converse v. Kellogg, 7 Barb. 597 (1850); Hillu Cumberland Valley Mut. Protec.

Co., 59 Pa. 477 (1858). • Marshall v. Pearce, 34 La. An. 559 (1882). other party prays that it may be read to him. The effect is to make the instrument a part of the pleadings.' Giving a copy, or setting forth the instrument in full, — the modern practice, — attains the end sought by oyer, as originally understood. When the com-t deems that knowledge of the contents o^ a particular writing is proper and essential to a party to a suit, it may order that he have a copy,, although the writing being unsealed is, strictly, not the subject of oyer.^' Oyer and terminer. Hear and terminate or determine. "Terminer" for determiner. A court held, originally, before commissioners (of whom two were judges of the cotirts at Westminster) twice in every year in each county, for the trial of all charges of treason, felony, and misdemeanor.^ Now, a court of original jurisdiction for the trial of crimes of the higher grades. OYEZ;'i OYES. Hear yel give heed; attend. Public criers began by exclaiming oyez, — corrupted into Oyes!' Still used by the criers of courts to command attention when a, proclamation is about to be made.

See Chieb.