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Ordinary

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

adj. Regular; usual; common; not characterized by pecullar or unusual circumstances; belonging to, exercised by or characteristic of, the normal or average individual. See Zulich v. Bowman, 42 Pa. 83; Chicago & A. R. Co., v. House, 172 III. 601, 50 N. El 151; Jones v. Angell, 95 Ind. 376.

Ordinary conveyances. Those deeds of transfer which are entered into between two or more persons, without an assurance in a superior court of justice. Wharton.

Ordinary conrse of business. The transaction of business according to the usages and customs of the commercial world generally or of the particular community or (in some cases) of the particular individual whose acts are under consideration. See Risen v. Knapp, 20 Fed. Cas. 835; Christianson v. Farmers' Warehouse Ass'n, 5 N. In 43a 67 N. W. 300, 32 L. R. A. 730 ; In re Dibblee, 7 Fed. Cas. 654.

Ordinary repairs. Such as are necessary to make good the usual wear and tear or natural and unavoidable decay and keep the property in good condition. See Abell v. Brady, 79 Md. 94, 28 Atl. 817; Brenn v. Troy, 60 Barb. (N. Y.) 421; Clark Civil Tp. v. Brookshire, 114 Ind. 487, l6 N. E. 132

Ordinary seaman. A sailor who is capable of performing the ordinary or routine duties of a seaman, but who is not yet s'o proficient in the knowledge and practice of all the various duties of a sailor at sea as to be rated as an "able" seaman.

Ordinary skill in an art. that degree of skill which men engaged in that particular art usually employ; not that which belongs to a few men only, of extraordinary endowments and capacities. Baltimore Baseball Club Co. v. Pickett, 78 Md. 375, 28 Atl. 279, 22 L. R. A. 690, 44 Am. St. Rep. 304; Waugh v. Shunk, 20 Pa. 130. As to ordinary "Care," "Diligence," "Negligence," see those titles.

n. At common law. One who has exempt and immediate jurisdiction in causes ecclesiastical. Also a bishop; and an archbishop is the ordinary of the whole province, to visit and receive appeals from inferior jurisdictions. Also a commissary or official of a bishop or other ecclesiastical judge having judicial power; an archdeacon; officer of the royal household. Wharton. In American law. A judicial officer, in several of the states, clothed by statute with powers in regard to wills, probate, administration, guardianship, etc. In Scotch law. A single judge of the court of session, who derides with or without a jury, as the case may be. Brande. In the civil law. A judge who has authority to take cognizance of causes in his own right, and not by deputation. Murden v. Beath, 1 Mill, Const. (S. C.) 269.
—Ordinary of Newgate. The clergyman who is attendant upon condemned malefactors in that prison to prepare them for death; he records the behavior of such persons. Formerly it was the custom of the ordinary to publish a small pamphlet upon the execution of any remarkable criminal. Wharton.
—Ordinary of assize and sessions. In old English law. A deputy of the bishop of the diocese, anciently appointed to give malefactors their neck-verses, and judge whether they read or not; also to perform divine services for them, and assist in preparing them for death. Wharton.