The Cyclopedic Law Dictionary

In American Practice. The beginning; the commencement; the first address of the counsel. The opening is made immediately upon the impaneling of the jury. It embraces the reading of

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

Taking off the bar of finality so as to permit the reconsideration of the judgment and of the cause on which it was founded. It does not abrogate the judgment, as does "vacation of

The question has been made whether, and in what cases, if any, the valuation in a valued policy shall be opened. The valuation, being a part of the agreement of the parties, is not

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

Ordering a resale. on notice of an offer of a sufiicient advance on the price obtained, open the biddings, i. e., order a resale; but this will not generally be done after the conf

Making an opening statement to the jury of the issues at the beginning of a trial. OPERARIUS (Law Lat. from opus, work). In old English law. A workman or laborer. Pleta, lib. 2, c.

The trial by duel or ordeal. See "Lex Manifesta."

An open policy is one in which the amount of the interest of the insured is not fixed by the policy, and is to be ascertained in case of loss. See "Policy."

In Saxon law. The same with the Latin furtum manifestum (g. v.)

A term applied to indicate the manner in which a party acquires rights without any act of his own, as, the right to an estate of one who dies intestate is cast upon the heir at law

A workman; one employed to perform labor for another. See 2 Cush. (Mass.) 371.

In a written instrument, that which carries out the main object of the instrument, as distinguished from the recitals, formal conclusion, etc. Sometimes everything that follows the

Those by which the purpose of an instrument is effected. Generally applied to those words in a deed by which an estate is passed, viz., "grant," "quitclaim," "demise," "bargain and

In the civil law. A protest or warning against (of) a new work. Dig. 39. 1.

SCILICET, opinio vulgaris, orta inter graves et discretes, et quae vultum veritatis habet, et opinio tantum orta inter leves et vulgares homines, absque specie veritatis. Opinion i

In Evidence. An inference or conclusion stated by a witness, as distinguished from a statement of matters of fact. In Practice. The statement o£ reasons delivered by a judge or cou

terrae, et certi status, comprehendantur in declaratione usuum. It Is necessary that certain persons, lands, and estates be comprehended in a declaration of uses. 9 Coke, 9.

A contraction of obtulit or optulit, in the old books. A. opp' see versus B. quarto die, A. offered himself against B. on the fourth day. Fleta, lib. 2, c. 65, § 11; Id. c. 67, § 2

In bankruptcy practice. The act of a creditor who declares his dissent to a debtor's being discharged under the bankrupt laws.

The act of an officer in inflicting upon any person, with improper motive, any bodily harm, imprisonment, or other injury, not constituting extortion. Steph. Dig. art. 119; 4 Q. B.

QUAE MINIiVIUM reiinquit arbitriO' judicis. That is the best system of law which confides as little as possible to the discretion of the judge. Bac. Aph. 46. OPTIMA STATUTI INTERPR

QUAE MINImum reiinquit arbitrio judicis; id quod certitude ejus praestat That law is the best which leaves the least discretion to the judge; and this is an advantage which results

Usage is the best interpreter of things. 2 Inst. 282. OPTIMUS INTERPRETANDI MODUS est sic iegis interpretare ut leges leglbus accordant The best mode of interpreting laws is to mak

QUI MINIMUM SIBI. He is the best judge who relies as little as possible on his own discretion. Bac. Aph. 46. OPTIMUS LEGUM INTERPRES CONsuetudo. Custom is the best interpreter of l

A right of choice or election. Sometimes applies specifically to contracts whereby one purchases the right for a certain time, at his election, to demand and receive or to deliver

An original writ in the alternative, commanding either to do a thing, or show cause why it has not been done. 3 Bl. Comm. 274; Finch, Law, 257.

The employment of subjective and objective mechanical means to determine the accommodative and refractive states of the eye and the scope of its functions in general; the employmen

An old form of obtulit, used in Bracton, Bracton, fols. 354, 354b. OPUS (Lat. and Law Lat.) In civil and old English law. Work; labor; benefit; advantage. This word seems to have b

In civil law. A new work. A new (i. e., late or recent) construction on land, or alteration in works already there. Dig. 39. 1. 1. 11. OR. Ordinarily a disjunctive particle. 249 11

Spoken, in contradistinction to written; as, oral evidence, which is evidence, delivered verbally by a witness.

An ancient writ which issued, while there was no standing collect for a sitting parliament, to pray for the peace and good government of the realm.

(Lat.) In old English law. The meaning of an instrument, as distinguished from the mere letters (literoe) in which it was written. Fleta, lib. 2, c. 56, § 20.

In Chancery Practice. The party who files a bill. In Roman Law. An advocate. Code 1. 3. 33. 1.

The feminine form of "orator." ORCINUS LIBERTUS (Lat.) In Roman law. A freedman who obtained his liberty by the direct operation of the will or testament of his deceased master was

To ordain is to make an ordinance, to enact a law. The preamble to the constitution of the United States declares that the people "do ordain and establish this constitution for the

When the word is applied to a clergymen, it means, that he has been invested with ministerial functions, or sacerdotal power. 4 Conn. 139.

An ancient superstitious mode of trial. When in a criminal case the accused was arraigned, he might select the mode of trial either by God and his country,— that is, by jury,— or b

A liberty whereby one claims ore found on his own land. ORDENAMIENTO (Spanish). In Spanish law. An order emanating from the sovereign, and differing from a cedula only in form, and

Command; direction. An informal bill of exchange or letter of request requiring the party to whom it is addressed to deliver property of the person making the order to some one the

A conditional order, which is to be confirmed unless something be done, which has been required, by a time specified. Eden, Inj. 122. See "Nisi."

The judgment rendered in a bastardy proceeding, whereby a certain man is adjudged the -father of a bastard child.

An order composed of German-speaking persons, whose general object is to preserve and spread the German language wherever the order exists, improve and elevate social conditions am

Any member of the English house of commons who wishes to propose any question, or to "move the house," as it is termed, must, in order to give the house due notice of his intention

In Modern Usage. A law passed by the legislative body of a municipal corporation for the government of such municipality. 117 Ind. 221. In Old Law. The term was applied to laws of

The law of procedure, as distinguished from the substantial part of the law. 0RDINARIU8 ITA DICITUR QUIA HAbet ordlnarlam Jurlsdictionem, In jure proprlo, et not! propter deputatlo

In ecclesiastical law. An officer who, has original jurisdiction in his own right, and not by deputation. In England, the ordinary is an officer who has immediate jurisdiction in e

Such a degree of care, skill and diligence as men of ordinary prudence, under similar circumstances, usually employ (31 Pa. St. 512; 3 Mass. 132; 2 Wis. 316; 23 Conn. 443; 28 Vt. 1

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

The rules or questions prevailing in business generally, or in a particular business. See 14 Q. B. Div. 386.

The degree which men of ordinary prudence generally exercise.

Absence of ordinary care (q-v.)

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 ser

The act of conferring the orders of the church upon an individual.

A writ that lay against a servant for leaving his master contrary to the ordinance of St. 23 & 24 Edw. III. Reg. Orig. 189. ORDINATUM EST (Lat.) It is ordered. The initial words ar

SERVatur et jus. The order of pleading being preserved, the law is preserved. Co. Litt. 303.

In ecclesiastical law. The holy orders of priest, deacon, and subdeacon, any of which qualified for presentation and admission to an ecclesiastical dignity or cure were called "ord

See "Beneficium Ordinis."

In old English law. Those of the religious who deserted their houses, and, throwing off the habits, renounced their particular order in contempt of their oath and other obligations

The friars. Ordo Griseua, the gray friars; ordo Niger, the black friars.

The order of attachments.

In the canon law. The order of judgments; the rule by which the due course of hearing each cause was prescribed. 4 Reeve, Hist. Eng. Law, 17.

The' word "ore" has a definite signification, and designates a compound of metal and other substance; metal unrefined, yet m its fossil state. 147 N. Y. 501: 1 Ch. 432. ORE TENUS (

The written or unwritten constitution; the underlying rules and principles on which the government is established, ORGILD (Saxon). Without recompense; as where no satisfaction was

That which is first in order; an authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any a

In chancery practice. A bill relating to a matter not before brought before the court by the same parties, standing in the same interests. Mitf. Eq. PI. 33; Willis, PI. 13 et seq.

In Scotch law. One by which the first grant of land is made. or singular successor of the first or succeeding vassals. Bdl, Dict> ORIGINAL CONVEYANCES (called, also, primary convey

See "Jurisdiction."

The term "original package'' as employed by law, admits of no precise definition applicable to all. Generally, it is said to be a parcel, bundle, bale, box, or case made up of or "

That process which issues for defendant's appearance. See "Process.''

In English practice. A mandatory letter issued in the king's name, sealed with his great seal, and directed to the sheriff of the county wherein the injury was committed or suppose

The origin of a thing ought to be inquired into. 1 Coke, 99.

The word "ornery" is not recognized by lexicographers. It is generally understood to be of uncertain meaning, but used to express the opposite of good qualities. 78 Iowa 79.

In old English law. The trial by battle, which does not seem to have been usual in England before the time of the Conqueror, though originating in the kingdoms of the north, where

A minor or Infant who has lost both of his or her parents. Sometimes the term is applied to such a person who has lost only one of his or her parents. 3 Mer. 48; 2 Sim. & S. 93; As

In English law. The share reserved to an orphan by the custom of London. By the custom of London, when a freeman of that city dies, his estate is divided into three parts, as follo

That portion of an intestate's effects which his children were entitled to by the custom of London. This custom appears to have been a remnant of what was once a general law all ov

In civil law. Persons who have the charge of administering the affairs of houses destined for the use of orphans. Clef des Lois Rom. "Administrateurs."

In American law. Courts of more or less extended probate jurisdiction. ORRAY (Law Fr. from oyer, to hear). Shall hear. Orrount (plur.) Britt. c. 41.

SINE WITA. In old English law. Without war or feud, such security being provided by the laws, for homicides under certain circumstances, against the foehth, or deadly feud, on the

One whose name appears in a firm as a partner, and who is really such. See "Nominal Partner." OSTENSURUS (Law Lat.) To show. A formal word in old writs. Reg. Orig. 36; Fet. Assaver

Osteopathy is a system of treatment of physical ailments based on the theory that diseases are generally due to deranged mechanism of the joints, nerves, blood vessels and other ti

The law by -wliloh was effected the ejection of married priests, and the introduction of monks into churches, by Oswald, bishop of Worcester, about A. D. 964. Wharton.

An ancient hundred in Worcestershire, so called ' from Bishop Oswald, who obtained It from' King Edgar, to be given to St. Mary's Church in Worcester. It was exempt from the sherif

A different manner; In another way differently; in other respects in a different manner; in different respects; in a different manner or way; differently; in other respects. 187 11

The lierwite or fine paid to the lord by the inferior tenant when his daughter was debauched. Cowell. OUST (from L. Fr. ouster, q. v.) In old English law. To take away. To put out;

Beyond the sea; a cause of excuse if a person, being summoned, did not in court. Cowell.

In the English courts, barristers at law have been divided into two classes, viz., queen's counsel, who are admitted within the bar of the courts, in seats specially reserved for t

The name given to the great hall of the parliament house in Edinburgh, in which the lords ordinary of the court of session sit as single judges to hear causes. The term is used col

A liberty or privilege in the ancient common law, whereby a lord was enabled to call any man dwelling in his manor, and taken for felony in another place out of his fee, to judgmen

In Maritime Law. That part of a ship's apparel which ordinarily perishes or is consumed in the course of her voyage. Lowndes, Av. 11. In the Diplomatic Service. An allowance made b

Buildings adjoining or belonging to dwelling houses. Buildings subservient to, yet distinct from, the principal mansion house, located either within or without the curtilage. 1 Bis

The Saxon thanes divided their hereditary lands into inland, such as lay nearest their dwelling, which they kept to their own use, and outland, which lay beyond the demesnes, and w

In English law. One who is put out of the protection or aid of the law. 22 Viner, Abr. 316; 1 Phil. Ev. Index; Bac. Abr. "Outlawry;" 2 Sellon, Prac. 277; Doct. Plac. 331; 3 Bl. Com

Applied to debts, barred by limitations. See 37 Me. 389.

In English law. The act of being put out of the protection of the law, by process regularly sued out against a person who is in contempt in refusing to become amenable to the court

In marine insurance. Missing. Generally speaking, a ship may be said to be missing or out of time when she has not been heard of after the_ longest ordinary time in which the voyag

A name given in old English statutes to certain depredators from Redesdale, on the northern border of England, who made incursions into Scotland, and brought back to their accompli

A grave injury; a serious wrong. A generic word which is applied to everything which is injurious in a great degree to the honor or rights of another. 44 Iowa 314.

In English practice. Bailiffs employed by the sheriffs and their deputies to ride to the farthest places of their counties or hundreds, to summon such as they thought good to atten