Optional Writ

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.

An original writ in the alternative, commanding either to do a thing or show cause why it has not been done. 3 Bla. Com. 274; Finch, Law 257. OPUS L0CATUM (Lat). In Civil Law. A work (i. e. the result of work) let to another to be used. A work ( i. e. something to be completed by work) hired to be done by another. Vicat, Yoc. Jur. Opus, Locare; L. 51, § 1, D. Locat.; L. 1, § 1, D. ad leg. Rhod. OPUS MANI FICIUM (from Lat. opus, work, manus, hand). Manual labor. Fleta, 1. 2, c. 48, § 3. OR. A disjunctive particle. As a particle, or is often construed and, and and construed or, to further the intent of the parties, in legacies, devises, deeds, bonds, and writings; Watkins v. Sears, 3 Gill (Md.) 492; 3 Greenl. Ev. §§ 18, 25; 1 Wills. Exrs. 932; 5 Co. 112 a; Cro. Jac. 322; Courier v. Stagg, 27 N. J. Eq. 305; Dumont v. U. S., 98 U. S. 143, 25 L. Ed. 65; Kanne v. R. Co., 33 Minn. 419, 23 N. W. 854; but its more natural meaning, when used as a connective, is to mark an alternative and present a choice, implying an election to do one of two things; Now Haven Young Men’s Institute v. New Haven, 60 Conn. 32, 22 Atl. 447. It sometimes has the same effect as the word “nor”; In re Cody’s Estate, 20 N. Y. Supp. 16. for uncertainty; 1 Y. & J. 22. But a description of a horse as of a brown or bay color, in an indictment for larceny of such horse, is good; State v. Gilbert, 13 Yt. 647; and so an indictment describing a nuisance as in the highway or road; Respublica v. Caldwell, 1 Dali. (Pa.) 150, 1 L. Ed. 77. See State v. R. Co., 28 Vt. 583. So, “break or enter,” in a statute deiiniug burglary, means “break and enter”; Holland v. Com., 82 Pa. 326, 22 Am. Rep. 758; Com. v. Gridin, 105 Mass. 185. The word or is used in the sense of to wit, that is, in explanation of what precedes, and making it signify the same thing. Thus, in an indictment, bank bills or promissory notes, they meant the same thing; Brown v. Com., 8 Mass. 59. 0RACULUM (Lat.). In Civil Law. The name of a kind of decision given by the Roman emperors. Thus, adoption by the emperor’s divine wisdom ( per sacrum oracu lum).

In old English law. That species of original writ, otherwise called a praecipe, which was framed in the alternative, commanding the defendant to do the thing required, or show cause.

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 show the reason wherefore he had not done it. 3 BI. Comm. 274.