A Dictionary of Law

Erasure or biotting out of written words. Obliteration is not limited to effacing the letters of a will or seralching them out or blotting the:n so completely that they cannot be r

Tosxpose one to “obloquy” is to expose him to censure and reproach, as the latter terms are synonymous with “obloquy.” 70 Cal. 275, 11 Pac. Rep. 716.

In Spanishlaw. Work. Obras, works or trades; those which men carry on in houses or covered places. White, New Recop. b. 1, tit. 5, ¢. 3, § 6.

Obtaining anything by fraud or surprise. Acquisition of esclieats, elc., from the sovereign, by making false reptesentations. Beli.

Lat. In the civil law. To pass a law contrary to a former law, or to some clause of it; to change a former law in some part of it. Calvin.

In the civillaw. The

lewd; impure; indecent: ealenlated to shock the moral sense of man by a disregard of chastity or modesty.

In thecivillaw. To perform that which has been prescribed by some law or usage. Dig. 1, 3, 32.

In the civil law. To seal up; as money that had been tendered and refuse,

Ratifying and confirming.

Becoming obsolete; going ont of use; not entirely disused, but gradually becoming so.

Disused; neglected; not observed. The term is applied to statutes which have become inoperative by lapse of time, either because the reason for their enactment has passed away, or

Withstanding; hindering. See Non OBSTANTE.

Lat. Withstand beginnings; resist the first approaches or encroachments. “It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stea

Obligation; bond.

In criminal law. The act by which one or more

‘This is the word properly descriptive of an injury to any one’s incorporeal hereditament, e. g., his right to an easement, or profit a prendres an alternative word being “disturba

Lat. To obey. Hence the Scoteh “obtemper,” to obey or comply with a judgment of a court.

‘To protest.

In Roman law. Taking by the neck or collar; as a plaintiff was allowed to drag a reluctant defendant to court. Adams, Rom. Ant. 242,

(Offered himself.) In old practice, The emphatic words of entry on the record where one party offered him self in court against the other, and the latter did not appear. 1 Reeve, E

For an immoral consideration. Dig. 12, 6.

Lat. In the civil law. Rent; profits; income; the return from an investment or thing owned; as the earnings of a vessel, In old English law. The revenue of a spiritual living, so c

In Spanish law. Accident, Las Partidas, pt. 3, tit. 62, 1, 21; White, New Recop. b. 2, tit. 9, c. 2.

A tribute which the lord imposed on his vassals or tenants for his necessity. Hindrance; trouble; vexation by suit.

Tobecharged or londed with payments or occasional penalties.

In old English law. Assarts. Spelman. Occultatio thesauri inventi fraudulosa. 3 Inst. 183. The concealment of discovered treasure is fraudulent.

Occupancy is a mode of acquiring property by which a thing which the intention of acquiring a right of ownership in it. Civil Code La. art. 3412. The taking possession of things wh

Ina general sonse. One who takes possession of a thing, of which there ig no owner; one who has the actual possession or control of a thing. In a special sense. One who takes pose.

In the civil law. To acize or take possession of; to enter upon a vacant possession; to take possession before another. Calvin.

That which has been left by the right owner, and is now possessed by another.

Possession; control; tenure; use. In its usual sense "occupation" is where a person exercises physical control over land. Thus, the lessee of a house is in occupation of it so long

Possessed; tised; employed,

Lat. In old English law. A writ that lay for one who was ejected out of his land or tenement in time of war. Cowell.

An occupant; one who is in the enjoyment of a thing.

To hold in possession; to hold or keep for use. 107 U.S. 843, 2 Sup. Ct. Rep. 677; 11 Johns, 214.

In old Scotch law. A name of dignity; a freeholder. Skene de Verb, Sign.

Government by the multitude. A form of goyernment wherein the populace has the whole power and administration in its own hands.

In English praetice. An original writ was the process formerly in use for the commencement of personal actions. It was a mandatory letter from the king, issuing ont of chancery, se

In old English law. The eighth day inclusive after a feast; one of the return days of writs. 3 Bl. Comm. 278,

Eight such; eight such men; eight such jurors. The name of a writ, ab common law, which issues when upon a trial at bar, efg At more jurors are necessary to fill the panel, command

Complete property, as opposed to feudal tenure. The transposition of the syllables of “odhai” makes it “allodhk,” and -odA” is thus put In contradistinction to “feeodkh.” Mozley &

” For the meaning of I this phrase in the constitution of the United States, see 2 Story, Const. §§ 1374-1399; 1 Kent, Comm. 413-422; Pom. Const. Law; ih Black, Const, Prohib. pt.

A phrase commonly applied in practice to the counsel employed __—— by a party in a cause. $$$

Any action or step taken ——$ in the course of judicial proceedings which will be allowed by the court upon mere ap- $$$ plication, without any inquiry or contest, or which may be e

The most important species of guardian in modern law, having custody of the infant until the attainment of full age. It hasin England in a manner superseded the guardian in socage,

The styleof a court having jurisdiction for review, by appeal or writ of error. The name was formerly used in New York and South Carolina. COURT FOR THE RELIEF OF IN-

In old English jaw. The morsel of execration; the corsned, (q. 2) 1 Reeve, Eng. Law, 21.

A crimeor misdemeanor; a breaeh of the criminal laws. It is used as a genus, comprehending every crime and misdemeanor, or as a species, signifying a crime not indictable, but puni

A proposal to doa thing. A proposal to make a contract. Also an attemps. ——S

In English ecelesiastical law. Personal tithes, payable by custom to ———— the parson or vicar of a parish, either occasionally, as at sacraments, marriages, churehing of women, bur

In English ecciesiasticallaw. The offerings of tle faithful, or the place where they are made or kept; the service at the time of the Communion.

“Office” is defined to bea right to exercise a public or private employment, and to take the fees and emoluments thereunlo belonging, Whether public, as those of mnagistrates, or p

Any book for the reeord of official or other transactions, kept une der authority of the state, in public offices not connected with the courts.; made by the officer having it in e

In English law. Inquest of office found; the finding of certain facts by a jury on an inquest or inquisition of office. 3 Bl. Comm. 258, 259. This phrase has been adopted in Americ

That portion of the day during which pubdhie offices are usually open for the transaction of business.

The incumbent of an office; one whois lawfully invested with an office. One who is charged by a superior power (and particularly by government) with the power and duty of exercisin

As distinguished from an officer de jure, this is the designation of one who is in the actual possession and administration of the office, under some coloruble or apparent authorit

A general name applicable to ail persons connected with the administration of the judicial department of government, but commonly used only ot the class of officers whose duty is t

adj. Pertaining to an office; invested with the character of an officer; proceeding from, sanctioned by, or done by, an officer.

n. An officer; a person Invested with the authority of an oilice. In the civil law. The minister or apparitor of a magistrate or judve, In canon law. A person to whom a bishop comm

In English practice. An assignee in bankruptcy appointed by the lord chancellor to co-operate with the other assignees in administering a bankrupt’s estate.

A bond given by a public officer, conditioned that he shall well and faithfully perform all the duties of the oflice. The term is sometimes made to include the bonds of executors,

In English law. A person appointed by the judge in chancery, in whose courta joint-stock company is being wound up, to bring and defend suits and actions in the name of ihe com- N

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.