The Cyclopedic Law Dictionary

An outward pledge given by the person taking it that his attestation or promise is made under an immediate sense of his responsibility to God. Tyler, Oaths, 15. ■ The term has been

One which could have been administered to a voter at an election for members of parliament. Abolished by 17 & 18 Vict. c. 102. Wharton.

In civil law. An oath which one of the parties defers or refers back to the other for the decision of the cause.

The oath by which a clergyman charged -with a criminal offense was formerly allowed to swear himself to be innocent; also the oath by which the compurgators swore that they believe

An oath which, in the civil law, was deferred to the complainant as to the value of the thing in dispute, on failure of other proof, particularly when there was a fraud on the part

In civil law. An oath which a plaintiff was obliged to take that he was not actuated by a spirit of chicanery in commencing his action, but that he had bona fide a good cause of ac

An oath by which one destroys the presumptions which were against him, for he is then said to purge himself when he removes the suspicions which were against him; as, when a man is

In civil and ecclesiastical law. An oath required by the judge from either party in a cause, upon ' half proof already made, which, being joined to half proof, supplies the evidenc

Worthy of making an oath; credible. OB. On account of; for. A few Latin phrases and maxims commence with this word, but in is more commonly used. OB CAUSAM ALIQUAM A RE MARItima or

In Roman law. A debtor who was obliged to serve his creditor till his debt was discharged.

On account of contiguity to the offense; a ground for extending the operation of a decree of maritime condemnation. Thus, a cargo of a vessel condemned for carrying dispatches for

(Lat.) Obedience; submission. In old records. A kind of rent. Cowell. In the canon law. An office, or the administration of an office. Id.

Obedience is the essence of the law. 11 Coke, 100.

In favor of merchants. Fleta, lib. 2, c. 63, § 12. OB INFAMIAM NON SOLET JUXTA LEgem terrae aliquis per leg^m apparentem se purgare, nisi prius convictus fuerit vei confessus in cu

That particular solemnity or office for the dead which the Roman Catholic church appoints to be read or performed fice which, upon the anniversary of his death, wag frequently used

See "Dictum."

Anything which comes within the cognizance or scrutiny of the senses; especially anything tangible or visible. Anything, whether concrete or abstract, real or imaginary, that may b

The act by which a party questions the propriety of evidence offered or proceedings proposed to be had in the course of the trial.

The thing sought to be attained by the action; the remedy demanded, or relief prayed for. It differs from the subject of the action, which is the subject matter out of which the ca

A name given to the members of a class among whom one is empowered to appoint the power. OBLATI ACTIO (Lat.) In the civil law. An action given to a party against another who had of

In Roman law. A legal bond which obliges us to the performance of something in accordance with the law of the land. Ortolan, Inst. 2, § 1179. It corresponded nearly to our word "co

The duty imposed by law on the parties to a contract to perform the same. 4 Wheat. (U. S.) 197. The remedy by which the contract can be enforced is deemed a part of its obligation,

See "Writing Obligatory."

The person In favor of whom an obligation is contracted.

The person who has engaged to perform some obligation. Code La. art. 3522, No. 12. One who makes a bond. OBLIQUUS (Lat.), In the Old Law of Descents. Oblique; cross; transverse; co

The destruction of words in an instrument by erasure, blotting, or striking out. They need not be completely effaced. The term is most commonly applied to wills which may be revoke

Censure; odium, reproach. See 70 Cal. 275. OBRA (Spanish; from Lat. opera). In Spanish law. Work. Obras, works or trades; those which men Carry on in houses or covered places. Whit

Acquisition of escheats, etc., from sovereign, by making false representations. Bell, Diet. "Subreption;" Calv. Lex. OBROGARE (Lat. from ob, and rogare, to pass a law). In the civi

The annulling a law, In whole or in part, by passing a law contrary

In criminal law. Such indecency as is calculated to promote the violation of the law and the general corruption of morals. It may consist in written or spoken words, conduct, pictu

In civil law. To perform that which has been prescribed by some law or usage. Dig. 1. 3. 32. OBSES (Lat.) In the law of war. A hostage. Grotius ffe Jure Belli, lib. 3, c. 20, § 52.

Fallen into disuse. A term applied to laws which, by change in conditions or subject matter, or by long neglect, have lost their efficacy without being repealed. A positive statute

Withstanding; hindering. See "Non Obstante."

Obligation; bond.

To get hold of; to obtain possession of; to acquire; to maintain a hold upon; to keep; to possess. 39 111. App. 662. OBTEMPERANDUM EST CONSUETUdini rationabili tanquam legi. A reas

For a base or immoral cause or consideration.

or OCCASION (Spanish). In Spanish law. Accident. Las Partidas, pt. 3, tit. 32, lib. 21; White, New Recop. bk. 2, tit. 9, c. 2. OCCASIO (Law Lat.) In old English law. Molestation; t

The taking possession of those things corporeal which are without an owner, with an intention of appropriating them to one's own use. Pothler defines it to be the title by which on

or OCCUPIER. One who has the actual use or possession of a thing. Occupancy implies tne exclusion of every one else from enjoyment. 25 Barb. (N. Y.) 54. Tenant in possession. 11 Ab

Things abandoned become the property of the first occupant. 1 Pet. Adm. (U. S.) 53. OCCUPARE (Lat.) In the civil law. To seize or take possession of; to enter upon a vacant possess

That which occupies or engages the time or attention; the principal business of one's life; vocation; employment; calling; trade. 134 111. 234. See "Occupancy." OCCUPAVIT (Lat.) In

(Lat.) To meet; to run against; to stop, or bar.

A government where the authority is in the hands of the multitude; OCTABIS (Law Lat. from octo, eight). In old practice. The octave. Fleta, lib. 2, c. 35. See "Octave." OCTAVE (Law

The same as "allodial."

See "De Odio et Atla." ODIOSA ET INHONESTA NON SUNT in lege praesumanda. Odious and dishonest acts are not presumed in law. Co. Litt. 78; 6 Wend. (N. Y.) 228, 231; 18 N. Y. 295, 30

Odious things are not presumed. Burr. Sett. Cas. 190.

An executor. OECONOMUS (Lat.) In the civil law. A manager or administrator. Calv. Lex.

The continuation of an action which has abated by the death or disability of a party, or a transfer of the cause of action. At common law, this was effected by a bill in equity (se

A ministerial act which consists in spreading it upon the record or writing it at large, in English language {q. v.), 153 in. 199, in a docket or other official book. 191 111. App.

In English practice. A commission which formerly issued from the king, appointing certain persons as commissioners or judges of assize to hold the assizes in association with discr

The merger of the franchises, rights, and effects of two or more corporations into one, whether the single corporation, known as the "consolidated company," be a new one then creat

A term applied to the counsel employed by a party in a cause, or whose name appears upon the papers. Derived probably from the Latin a consiliis (q. V.) and expressed by the Law La

A term applied to those acts in the course of a judicial proceeding which may be done without leave of court, or which will be granted by the court on application without inquiry.

The space of time during which a court holds a session. The stated periods during which courts sit for the dispatch of business. Sometimes the term is a monthly, at others it is a

The destruction of any one of the unities of a joint tenancy. It is so called because the estate is no longer a joint tenancy, but is severed. A severance may be effected in variou

In criminal law. The doing that which a penal law forbids to be done, or omitting to do what it commands. In this sense, it is nearly synonymous with "crime." In a more confined se

A right to exercise a function or employment, and take the fees and emoluments belonging to it. 3 Serg. & R. (Pa.) 149; 23 Ind. 449; 36 Miss. 273. The term is ordinarily used with

copy of a writing or record made and certified or authenticated by the officer legally intrusted with its custody or control. Such a copy is admissible in evidence to prove the ori

In English Law. When an inquisition is made to the king's use of anything, by virtue of office of him who inquires, and the inquisition is found, it is said to be "office found." ^

A conveyance made by a public officer in certain cases, where the owner is either unwilling or unable to execute the requisite deeds to pass title. See 3 Washb. Real Prop. *537.

The incumbent of an office. otherwise applied, as to the officer of a corporation. A public officer is one occupying a public office, to whom a portion of the sovereign power is de

One whose acts, though not those of lawful officer, the law upon principles of policy and justice will hold valid so far as they -involve the interests of the public and third pers

One having the legal right to an office; generally applied to such officers when not in possession of the office. OFFICIA JUDICIALIA NON CONCEDANtur antequam vacent. Judicial offic

An officer (g. v.) In Old Civil Law. The person who was the minister of, or attendant upon, a magistrate. In Canon Law. The person to whom the bishop generally commits the charge o

By an official act is not simply meant a lawful act of the officer — it means any act done by the officer in his official capacity, under color and by virtue of his office. 154 111

The bond of a public officer; though more loosely it is often applied to any bond legally required of one exercising a given function, e. g., an executor's or trustee's bond.

An active use. Wharton. OFFICIARIIS NON FACIENDIS VEL amovendis. A writ addressed to the magistrates of a corporation, requiring them not to make such a man an officer, or to put o

The workshop or office of justice. In English Law. The chancery is so called, because all writs issue from it, under the great seal, returnable into the courts of common law. See "

A testament by which a testator leaves his property to his family. Sandars, Just. Inst. 207. See "Inofficious Testament." OFFICIT CONATUS SI EFFECTUS OFFICIUM NEi VliNI DEBET ESSE

A Scotch expression, closely translated from the Latin "de novo" (q. v.). OFFA EXECRATA (Law Lat.) In old

An exchange of chattels is a transfer thereof for other chattels. This is commonly called "barter." Exchange of real estate is a mutual grant of equal interests in land, the one in

The choice between two or more coexisting and inconsistent remedies for the same wrong. 2 Story, Eq. Jur. § 1078. Between Criminal Charges. The choice by a public' prosecutor upon

The act of a person in possession, who denies holding the estate of the person who claims to be the owner. 2 Nev. & M. 672. An affirmation, by pleading or otherwise, in a court of

See "New Style."

The title of a small tract, which, as its title denotes, contains an account of the various tenures by which land was holden in the reign of Edward III. This tract was published in

LAWS OF. A maritime code promulgated by Eleanor, duchess of Guienne, mother of Richard I., at the Isle of Oleron, — whence their name. They were modified and enacted in England und

A term which signifies that an instrument is wholly written by the party frflm whom it emanates. See Civ. Code La. art. 1581; Civ. Code, 970; 5 Tou Uier, Dr. Civ. note 357; 1 Stuar

One that is entirely written, dated and signed by the hand of the testator himself. Belcher, 100 Cal. 207. OM, or OMIVIE (Law Fr.) Man; a man or person. Corrupted forms of "home" (

Neglect to perform an act required by law. OMISSIS OMNIBUS ALUS NEGOTIIS (Lat.) Laying aside all other businesses. 9 Bast, 347.

aut necessitas constituit, aut firmavit consuetudo. All law has either been derived from the consent of the people, established by necessity, or confirmed by custom. Dig. 1. 3. 40;

ILLA ADMITtere sclent quae probantur iis qui In arte sua bene versati sunt. All prudent men are accustomed to admit those things which are approved by those who are well versed in

contrario Jure pereunt. Obligations contracted under a law are destroyed by a law to the contrary. Dig. 50. 17. 100. OMNIA QUAE SUNT UXORIS SUNT Ipsius virl. All things which are t

Every action is a complaint. Co. Litt. 292. OMNIS CONCLUSIO BOM ET VERI JUdlcll sequltur ex bonis et veris praemissis et dictis Juratorum. Every conclusion of a good and true judgm

SED non vicissim. Every person is a man, but not every man a person. Calv. Lex.

On demand. 22 Grat. (Va.) 609.

See "Jeopardy." ONE HUNDRED THOUSAND POUNDS clause. A precautionary stipulation inserted in a deed making a good tenant to the praecipe in a common recovery. See 1 Prest. Conv. 110

When requested. A promissory note payable "on demand" is payable immediately without demand, i. e., is always due.

A writ that lay for a joint tenant or tenant in common who was distrained for more rent than his proportion of the land comes to. Reg. Orig. 182. ONERARI NON (Lat. ought not to be

See "O. Ni." ONERIS FERENDI (Lat. of bearing a burden). In civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildin

A contract, lease, share, or other right is said to be "onerous" when the obligations attaching to it counterbalance or exceed the advantage to be derived from it, either absolutel

In civil law. A valuable consideration.

In civil law. One made for a consideration given or promised, however small. Civ. Code La. art. 1767.

In Scotch law. A deed given for valuable consideration. Bell, Diet. See "Consideration."

The gift of a thing subject to certain charges imposed by the giver on the donee. Poth. Obi.

A term applied to a signature which is in a different handwriting from the body of the instrument. 2 Benth. Jud. Ev. 460, 461. ONUS PROBANDI (Lat.) In evidence. The burden of proof

A running or unsettled account.

To accept or pay the draft of a correspondent who has not furnished funds. Pardessus, note 296.

One in which all members have a vote to choose officers, as distinguished from a "close corporation," wherein the officers fill vacancies. 3 Bland, Ch. (Md.) 416, note. The latter

A court formally opened and engaged in the transaction of all judicial functions. A court to which all persons have free access as spectators while they conduct themselves in an or

In Scotch law. "Letters of open doors" are process which empower the messenger or officer of the law to break open doors of houses or rooms in which the debtor has placed his goods