A Dictionary of Law

A log-book in a certain form, and containing certain specified entries required by 17 & 18 Vict. c. 104, §§ 280-282, to be kept by all British merchant ships, except those exclusiv

Persons formerly appointed, under English statutes now repealed, to superintend the winding up of insolvent companies under the control of the court of chancery. Wharton.

One taken by an officer when he assumes charge of his office, whereby he declares that he will faithfully discharge the duties of the same, or whatever else may be required by stat

An ecclesiastical officer whose duty it is to hear causes between party and party as the delegate of the bishop or archbishop by whom he is appointed. He generally also holds the o

The court or jurisdic tion of which an official is head. OFFICIARIIS NON FACIENDIS

An active use before the statute of uses, which imposed some duty on the legal owner or feofee to uses; asa conveyance to A. with directions for him to sell the estate and distribu

The _ workshop or office of justice. The chancery was. formerly so calied.

EX, OATH. An oath whereby a person may be obliged to make any presentment of any crime or offense, or to confess or accuse himself of any criminal matter or thing whereby he may be

Officit conatus si effectus sequatur. The attempt becomes of consequence, If the effect follows. Jenk. Cent. 55. Officium nemini debet esse damnosum. Office ought not to be an occa

A testament by which a testator leaves his property to his family. Sandars, Just. Inst, 207. See In-

In force; extant; not obsolete; existing as a binding or obligatory power.

In Englishlaw. An officer before whom, or his deputy, the court of the duchy chamber of Lancaster is held. This is a special jurisdiction concerning all manner of equity relating t

A Scotch expression, closely translated from the Latin “de novo,” (g¢. v.)

Recorded; entered on the records; existing and remaining in or upon the appropriate records.

and other military orders, in England, is an officer who seals the commissions and the mandates of the chapter and assembly of the knights, keeps the register of their proceedings,

In American law. A court of eriminai jurisdiction in the state of Pennsylvania, having power to try misdemeanors, and exercising certain functions of an adwinistrative nature. Ther

In Scotch law. Usury; the taking of interest for money, contrary to law. Bell,

The anclent calendar or method of reckoning time, whereby the year commenced on March 25th. It was superseded by the new style (that now in use) in most countries of Europe in 1582

A treatise, so called to distinguish it from Littleton’s book on the same subject, which gives an account of the yarious tenures by which land was helden,. the nature of estates, a

An _ artificial imitation of butter, made chiefly from animal fats. ltssale is prohibited by statute in several states. See 114 Pa. St. 265, 7 Atl. Rep. 918; 127 U.S. 678, 8 Sup. C

LAWS OF. A code of maritime laws published at the island of Oleron in the twelfth century by Eleanor of Guienue. They were adopted in England successively under Richard I., Henry I

A form of government wherein the administration of affairs is lodged in the hands of a few persons.

An instrument (e g.,8 will) wholly written by the person from whom it emanates,

The olographic testament is that which is written by the testator himself. In order to be valid it must be entirely written, dated, and signed by the hand of the testator. It is su

A Grecian epoch; the apace of four years,

In Spanish law. A Omissio eorum qua tacite insunt nihil operatur. The omission of those things which are tacitly implied is of no consequence, 2 Balst. 131. OMISSIS OMNIBUS ALIIS N

He has done all. In pleading. A good plea in bar where ail the covenants are in the affirmative. 1 Me. 189. Omnia presumuntur contra spoliatorem. All things are presumed against a

From time to time, and at all times. Townsh. Pl. 17 DE TEMPS DONT MEMORIE NE

4 Inst. 262. Above all exception. Omnia delicta in aperto leviora sunt. Ali crimes that are committed openly are lighter, [or have a less odious appearance than those committed sec

In mercantilelaw. <A term used to express the aggregate value of the different stock in which a loan is usually funded. Tomlins. Omnium contributione sarciatur quod pro omnibus dat

Forbearance; omission, Omne actum ab intentione agentis est judicandum. Every act is to be judged by the intention of the doer, Lranch, Princ. Omne crimen ebrietas et incendit et d

In part payment; in partial satisfaction of an account. The phrase is usually contrasted with “in full.” ON ACCOUNT OF WHOM IT MAY

An abbreviation for “Old Natura Brevium.” See Natura BREVIUM. ©. Ni. It was the course of the English exchequer, as soon as the sheriff entered into and made up his account for iss

A phrase used to express the condition of a person charged with crime, who has once already, by legal proceedings, been put in danger of convic tion and punishment for the same off

These words may be construed to mean “on the terms,” in order to effectuate the intention of parties. 4 Waits & 5. 302.

Ineaseof default; upon failure of stipulated action or performance; upon the occurrence of a failure, omission, or neglect of duty.

4A promissory note payable “on demand” is a present debt, and is payable without any iemand. 2 Mees. & W. 461; 39 Me, 494.

In pleading. The name of a plea, in an action of debt, by which the defendant says that he ought not to be eharged.

Lat. In thecivil law. ‘he servitude of support; a servitude by which the wall of a house is required to austain the wall or beams of the adjoining house.

A contract, lease, share, or other right is said to be “onerous” when the obligations attaching to it counter-balance or exceed the advantage to be derived from it, either absolute

In Scotch law. A good and legal consideration.

In the civil law this term designates a contract based upon any consideration given or promised, however trifling or inconsiderable such congideration may be. Civil Code La. art, 1

In Scotchiaw. A deed given for a valuable consideration. Bell.

A gift madesubject to certain charges imposed by the donor on the donee.

See New For OLp. ONERANDO PRO RATA POR-

Filed; entered or placed upon the files; existing and remaining upon or among the proper files.

A term applied to the signature of an instrument, the body of which is ina different handwriting from that of the signature. Best, Ev. 315.

A phrase used in reciting the date of an occurrence or conveyance, to escape the necessity of being bound by the statement of an exact date.

act or process of uniting several actions one trial and judgment, by order of a int, Where all the actions are between the parties, pending in the same court, and rning upon the sa

Lat. A burden orload; a weight. The lading, burden, or cargo of a vessel. A charge; anincuinbrance. Cwmonere, (q.v.,) with the incumbrance.

The charge of importing merchandise, mentioned in St. 12 Car. II. c. 28.

Lat. Burden of proving; the burden of proof. The strict meaning of the term “onus probandi” is that, if no evidence is adduced by the party on whom the burden is cast, the issue mu

Lat. By aid and counsel. A civil law term applied to accessaries, similar in import to the “aiding and abetting” of the commen law. Often written “ope et constiio.” Burrill.

1. To open a case is to begin it; to make an initiatory explanation of its features to the court, jury, referee, etc., by outlining the nature of the transaction on which it is fou

An account which has not been finally settled or closed, but is still running or open tu future adjustment or liquidation. Open account, in legal as wellas in ordinary language, me

To accept or pay the draft of a correspondent who has nut furnished funds. Vardessus, no. 296. OPEN COURT the election of the officers of the corporation. 3 Bland, 416, note.

This term may mean either a court which has been formally convened and declared open for the transaction of its proper judicial business, or a court which is freely open to the app

In Scotch law. “Letters of open doors” are process which empowers the messenger, or officer of the law, to break open doors of houses or rooms in which the debtor has placed his go

or MEADOWS. In English law. Fields which are undivided, but belong to separate owners; the part of each owner is marked off by boundaries until the crop has been carried off, when

In American practice. The beginning; the commencement; the first address of the counsel.

Anentering upon the duties under a commission, or commencing to act under a commission, is so termed. Thus, the judges of assize and nist prius derive their authority to act under

The act of the court in so far relaxing the finality and conclusiveness of a judgment as to allow a re-examination of the case on which it was rendered. This is done at the instanc

The act of re storing or recalling a rule which has been made absolute to its conditional state, asa rule nisi, go as to readmit of cause being shown against the rule. Thus, when a

In equity practice. The allowance by a court, on sutiicient cause shown, of a resale of property once sold under a decree.

Stat. ing briefly at a trial before a jury the sub. stance of the pleadings. This is done by the junior counsel for the plaintiff at the commencement of the trial.

The condition of one who has no property, within the reach of the law, applicable to the payment of any debt. 8 Blackf. 305.

The making or waging of law. Magna Charta, c. 21.

In marine insurance. One in which the value of the subject insured is not Axed or agreed upon in the policy, as between the assured and the underwriter, but is left to be estimated

In Saxon law. The game With the Latin “/furtum manifestum,” (g. 0-)

The time after corn is carried out of the fields.

A composition of a dramatic kind, set to music and sung, accompanied with musical instruments, and enriched with appropriate costumes, scenery, ete. The house in which operas are r

Suchtenants, under feudal tenures, as held some little portions of land by the duty of performing bodily labor and servile works for their lord.

One day’s work performed by a tenant for his lord.

This term expresses the manner in which rights, and N transaction of the established rules of law, without the act or co-operation of the party himseif.

<A workman; a laboring Man; an artisan; particularly one employed in factories. ¥

That part of a conveyance, or of any instrument intended for the creation or transference of rights, by which the main object of the instrument is carried into effect. It is distin

in a deed or lease, arethe words which effect the transaction intended to be consummated by the instroment,

Inthe civillaw. A protest or warning against [of] anew work. Dig. 39, 1.

The ancient time of marriage, from Epiphany to Ash-Wednesday. Opinio est duplex, scilicet, opinio vulgaris, orta inter graves et discretos, et quee vultum veritatis habet; et opini

1. In the law of evidence, opinion is an inference or conclusion drawn by a witness from facts some of which are known to him and others assumed, or drawn from facts which, though

Lat. In the civil law. To pledge. Calvin.

An officer formerly belonging to the green-wax in the exchequer.

An old word for “oppo nent.”

In bankruptey practice. Opposition is the refusal of a creditor to assent to the debtor’s discharge under the bankrupt law. In French law. A motion to open a judgment by default an

The misdemeanor committed by a public officer, who, under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment, or other injury. 1 Russ. Crimes, 2

A public officer who unlawfully uses his authority by way of oppression, (g. 0.)

Nebility; men of the highest rank, Optimam esse legem, que minimum relinquit arbitrio judicis; id quod certitudo ejus preestat. That law is the best which leaves Lhe least discreti

In English ecclesiastical law. A customary prerogative of an archbishop, when a bishop is consecrated by him, to name a clerk or chaplain of his own to be provided for by such suff

In old English practice. That species of original writ, otherwise called a “precipe,” which was framed in the alternative, commanding the defendant to do the thing required, or sho

Lat. Work; labor; the product of work or labor.

The product of work let for use to another; or the hiring out of work or labor to be done upon a thing.

In old English law. labor done by the hands; manual labor; such as making a hedge, digging a ditch. Fleta, lib. 2, c. 48, § 3.

In the civil law. A new work. By this term was meant something newly built upon land, or taken from a work already ereeted. He was said opus novum facere (to make a new work) who,

<A Saxon coin, valued at sixteen pence, and sometimes at twenty pence.

In the civil law. The name of a kind of response or sentence given by the Roman emperors.

Uttered by the month or in words; spoken, not written.

Pleading by word of mouth, in the actual presence of the court. This was the ancient mode of pleading in England, and continued to the reign of Edward III. Steph. Pl. 23-26.

An ancient writ which issued, while there was no standing collect for a sitting parlia-

A partyin Ireland who keep alive the views of William of Orange. Wharton.

The plaintiff in a cause or matter in chancery, when addressing or petitioning the court, used to style himself "orator," and, when a woman, "oratrix." But these terms have long go