order

The action here complained of is not in form an order. It is a part of a report-an opinion as distinguished from a mandate.

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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 therein described. A designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. This order, in the case of negotiable paper, is usually by indorsement, and may be either express, as, "Pay to C. D.," or implied merely, as by writing A. B. (the payee's name). See "Indorsement." In French Law. The act by which the rank of preferences of claims, among creditors who have liens over the price which arises out of the sale of an immovable subject, is ascertained. Dalloz. In Governmental Law. By this expression is understood the several bodies which compose the state. In ancient Rome, for example, there were three distinct orders, namely, that of the senators, that of the patricians, and that of the plebeians. In the United States there are no orders of men; all men are equal in the eye of the law. See "Rank."

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 therein described. A designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. See Treat v. Stanton, 14 Conn. 445; Dakin v. Graves, 48 N. H. 45; Ilinnemann v. Rosenback, 39 N. Y. 98. This order, in the case of negotiable paper, is usually by indorsement, and may be either express, as, “Pay to C D,” or implied merely, as by writing A B [the payee’s name]. See Indorsement; Store Orders. In French Law. The act by which the rank of preferences of claim, among creditors who have liens over the price which arises out of the sale of an immovable subject, is ascertained. Dalloz, Diet. In the Practice of Courts. An order is any direction of a court or judge made or entered in writing, and not included in a judgment. N. Y. Code of Proc. § 400; Berryhili v. Smith, 51 la. 127, 50 N. W. 495. But a decree is often called an order. See Decree. For distinction between order and requisition, see Mills v. Martin, 19 Johns. (N. Y.) 7. In Governmental Law. By this expression is understood the several bodies which compose the state. In ancient Rome, for example, there were three distinct orders: namely, that of the senators, that of the patricians, and that of the plebeians. In the United States there are no orders of men; all men are equal in the eye of the law. See Rank.

In a general sense. A mandate, precept; a command or direction authoritatively given; a rule or regulation., The distinction between "order" and "requisition" is that the first is a mandatory act, the latter a request. Mills v. Martin. 19 Johns. (N. Y.) 7.

In practice. Every direction of a court or judge made or entered in writing, and not included in a judgment, is denominated an "order." An application for an order is a motion. Code Civ. Proc. Cal. § 1003; Code N. Y. § 400. Orders are also issued by subordinate legislative authorities. Such are the English orders in council, or orders issued by the privy council in the name of the king, either in exercise of the royal prerogative or in pursuance of an act of parliament. The rules of court under the judicature act are grouped together in the form of orders, each order dealing with a particular subject-matter. Sweet. An order is also an informal bili of exchange or letter of request whereby the party to whom it is addressed is directed to pay or deliver to a person therein named the whole or part of a fund or other property of the person making the order, and which is in the possession of the drawee. See Carr v. Summerfield, 47 W. Va. 155, 34 S. E. 804; Pcople v. Smith, 112 Mich. 192, 70 N. W. 466, 67 Am. St. Rep. 392; Sinte v. Nevins, 23 Vt. 521. It is further a designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. It is also used to designate a rank, class, or division of men; as the order of nobles, order of knights, order of priests, etc.

In French law. The name order (ordre) is given to the operation which has for its object to fix the rank of the preferences claimed by the creditors in the distribution of the price [arising from the sale] of an immovable affected by their liens. Dalloz, mot "Ordre."

— Agreed order. See Agreed

— Charging order. The name bestowed, in English practice, upon an order allowed by St. 1 & 2 Viet, c. 110, § 14, and 3 & 4 Viet c. 82, to be granted to a judgment creditor, that the property of a judgment debtor in government stock, or in the stock of any public company in England, corporate or otherwise, shall (whether standing in his own name or in the name of any person in trust for him) stand charged with the payment of the amount for which judgment shall have been recovered, with interest. 3 Steph. Comm. 587, 588.

— Decretal order. In chancery practice. An order made by the court of chancery, in the nafure of a decree, upon a motion or petition. Thompson v. McKim, 6 Har. & J. Md. 319; Bissell Carpet Sweeper Co. v. Goshen Sweeper Co., 72 Fed. 545, 19 C. C. A. 25. An order in a chancery suit made on motion or otherwise not at the regular hearing of a cause, and yet not of an interlocutory nature, but finally disposing of the cause, so far as a decree could then have disposed of it. Mozley & Whitley.

— Final order. One which either terminates the action itself, or decides some matter litigated by the parties, or operates to divest some right; or one which completely disposes of the subject-matter and the rights of the parties. Hobbs v. Beckwith, 6 Ohio St. 254; Introp v. Williams, 11 Minn. 382 (Gil. 276); Strull v. Louisville & N. R. Co.. (Ky.) 76 S. W. 183.

— General orders. Orders or rules of court, promulgated for the guidance of practitioners and the regniation of procedure in general, or in some general branch of its jurisdiction ; as opposed to a rule or an order made in an individual case; the rules of court.

— Interlocutory order. "An older which decides not the cause, but only settles some intervening matter relating to it; as when an order is made, on a motion in chancery, for the plaintiff to have an injunction to quiet his possession till the hearing of the cause. This or any such order, not being final, is interlocutory." Termes de la Ley

— Money order. See Monet.

— Order and disposition of goods and chattels. When goods are m the "order and disposition" of a bankrupt, they go to his trustee, and have gone so since the time of James I. Wharton.

— Order nisi. A -provisional or conditional order, allowing a certain time within which to do some required act, on failure of which the order will be made absolute.

— Order of discharge. In England. An order made under the bankruptcy act of 1869, by a court of bankruptcy, the effect of which is to discharge a bankrupt from nil debts, claims, or demands provable under the bankruptcy.

— Order of filiation. An order made by a court or judge having jurisdiction, fixing the paternity of a bastard child upon a given man, and requiring him to provide for its support

— Order of revivor. In English practice. An order as of course for the continuance of an abated snit. It superseded the bili of revivor.

— Restraining order. In equity practice. An order which may issue upon the filing of an application for an injunction forbidding the defendant to do-the threatened act until a hearing on the application can be had. Though the term is sometimes used as a synonym of "injunction." a restraining order is properly distinguishable from an injunction, in that the former is intended only as a restraint upon the defendant until the propriety of granting an injunction, temporary or perpetual, can be determined, and it does no more than restrnin the proceedings until such determination. Wetzstein v. Boston, etc., Min. Co., 25 Mont 135, 63 Pac. 1043; State v. Lichtenberg, 4 Wash. 407, 30 Pac. 716; Riggins v. Thompson, 96 Tex. 154, 71 S. W. 14. In English law, the term is specially applied to an order restraining the Bank of England, or any public company, from allowing any dealing with some stock or shares specified in the order. It is granted on motion or petition. Hunt Eq. p. 216.

— Speaking order. An order which contains matter which is explanatory or illustrative of the mere direction which is given by it is sometimes thus called. Duff v. Duff, 101 Cal. 1, 35 Pac. 487.

— Stop order. The meaning of a stop order given to a broker is to wait until the market price of the particular security reaches a specified figure, and then to "stop" the transaction by either selling or buying, as the case may be, as well as possible. Porter v. Wormser, 94 N. Y. 481.

An informal writing requesting the payment of money, or the delivery of personalty, to the beai-er or to a person named; a direction in writing, granted by a court or judge, requiring or authorizing some act to be done, — in chancery, a decision upon some interlocutory matter; at law, usually the act of a judge at chambers, orders of the court being designated as rules, v. Decretal order; Interlocutory order.

A command, direction, mandate. 1. An informal note requesting the payment of money, or the delivery of personalty, to a person named or to the bearer of the note.* The word does not import exclusively a written instrument.' On a promissory note, bill of exchange, or check, makes the paper negotiable (9. v.), although impersonal words are used." By the law-merchant, the purchaser of negotiable paper, payable to order, imless it be indorsed by the payee, takes the paper subject to any defense the payor may have against the payee. ^ In statutes against forgery, a written direction addressed by one who either has in fact, or in writing professes to have, control over a fund or thing, to another who either purports in the writing to be imder obligation to obey, or who is in fact under such obligation, commanding him how to appropriate the fund or thing. There are two kinds of orders: such M VSTieat. 334; 4 id. 402. "Kibbeu Antram,4 Conn. 139(1821); Baker d. Fales, 16 Mass. 512 (1820). 3 4 Bl. Com. 343; 110 U. S. 529-30; 3 Am. Jur. 280 (1829); 1 Steph. Hist. Cr. L. Eng. 250. < See Hmnemann v. Kosenback, 39 N. T. 100 (1808). » Treat v. Stanton, 14 Conn. 456 (1841). » Mechanics' Bank v. Straiten, 3 Keyes, 366 (N. Y., 1867). ' Osgood V. Artt. 17 F. K. 575 (1883) ^ Cassidy v. First as are orders on their face; and such as may be shown to be orders by averment and proof.' See Store-orders. 3. Any direction of a court, other than a judgment or decree, made in a cause. The judgment or conclusion of the court upon any naotion or proceeding.^ An '* order " is a decision made during the progress of the cause, either prior or subsequent to final judgment, settling some point of practice or some question collateral to the main issue, and necessary to be disposed of before such issue can be passed upon by the court, or necessary to be determined in carrying into execution the final judgment. A "final judgment" is the determination of the court upon the issue presented, which ascertains and fixes absolutely and flna,lly the rights of the parties in the particular suit in relation to the subject-matter of the litigation, and puts an end to the suit.' An "order" is interlocutory, and made on motion or petition. A " decree " is final, and made at the hearing of the cause.* Cautionary order. See Caution. Charging order. In England, an order granted to a judgment creditor, that property of his debtor in public stocks shall stand charged with the payment of the amount of the judgment, with interest and costs.5 See Stop Order, 1. Decretal order. An order which, from a direction contained in it, may terminate the particular suit, like a decree made at the hearing.* Interlocutory order. An order made during the progress of a suit upon some incidental matter. Opposed, final order. See Interlocutory. Order nisi. A conditional order, to become absolute unless something be done by a specified time. See Rule, 3, Absolute. Order of filiation. See Filiation. Stop order. (1) In English practice, an order in aid of a "charging order" (q. v.); granted, in certain cases, by a vice-chancellor, upon a fund in chancery. (2) An order given to a broker to await a certain figure in the price of a particular bond or stock before he buys or sells, and 1 Powers V. State, 87 Ind. 100-1 (1888); Bishop, Stat. Cr. § 327. 2 Gilman v. Contra Costa Co., 8 Cal. 57 (1857), Murray, C. J. a Loring v. Illesley, 1 Cal. *27 (1850), Bennett, J. * [Brown's Law Diet. then to "stop" buying or selling, as the case may be.' Usually signifies that the broker has received and is bound to obey a direction of his principal to sell at a price prescribed, when that price is reached. ^ The order may describe the price by referring to circumstances and contingencies; a definite figure need not be named.'' 3. A rule of court. Whence general and special orders. See Rule, Of court. 4. Conduct, demeanor; usually, good order, public order: quiet behavior, peaceable deportment. See Disorder, 3; Peace, 1.

In Chancery, a decision upon an The acts of a judge in chambers, v. Rule.

In ageneral sense, includes almost any command, direction, or mandate, emanating from authority. The kinds of orders most frequently drawn in question in jurisprudence are two: 1. As a commercial insti'ument, an order is a brief note, resembling a single bill of exchange, drawn by one person addressed to another, and directing the payment of money, or delivery of money to a third person, by whom it is borne to the individual addressed. An order drawn on another, payable in government scrip, is merely an authority from the drawer to receive the scrip; and, if it is not delivered, the holders can only resort to the drawer to recover the consideration paid. Wilamouicz v. Adams, 13 Ark. 12. An executor placed the amount of certain legacies in the hands of A, who thereupon gave the executor a writing acknowledging the receipt of it, and promising to pay the same with interest to the legatees, by an order from the executor, when the legatees should become of age. Held, that the word order, mentioned in the writing given by A, did not import exclusively a written instrument, but that any express direction by the executor, though merely verbal, was sufficient. Treat v. Stanton, 14 Conn. 445. " Order," as used in N. H. Eev. St. ch. 14, § 3, making the protest of any bill of exchange, note, or order, duly certified, &e., evidence of the facts stated in such protest embraces a draft not negotiable, and payable only on a certain contingency. Dakin V. Graves, 48 N. H. 45. " Order " does not ordinarily mean a cash draft. Hlnnemanu v. Eosenbaok, 39 N. Y. 98. 2. In the practice of the courts, in order is the formal paper embodying any direction of a, court or judge other than a judgment or decree, and made to be entered of record, as one of the proceedings in a cause. The distinction between order and requisition is that the first is a mandatory act, the latter a request. Mills u. Martin, 19 Johns. 7. An order is any direction of a court or judge made or entered in writing, and not included in a judgment. N. Y. Code of Pro. § 400. The words, all previous orders, in the Md. Code, art. 5, § 22, are as comprehensive as the words, all previous orders and decrees, employed in acts 1830, ch. 185, and 1845, ch. 367; their meaning is the same. The design of the section is, as final decree, all previous orders and decrees constituting a part of the preliminary proceedings leading to tiie passage of such final decree. Bull v. Pyle, 41 Md. 419. Order of filiation. The usual name of an adjudication in bastardy proceedings, declaring the defendant the father of the child, and prescribing what maintenance he shall provide. Orders of the day. Any member of the house of commons who wishes to propose any question, or to " more the house," as it is termed, must, in order to give the house due notice of his intention, state the form or nature of his motion on a previous day, and have it entered in a book termed the order-book; and the motion so entered, the house arranges, shall be considered on particular days, and such motions or matters, when the day arrives* for their being considered, are then termed the " orders of the day." May Pari. Prac. •'' ORDINANCE. May mean a law, statute, or decree of almost any nature; but in modern usage is most frequently applied to the laws of a municipal corporation. Some state papers, operative as fundamental laws, but not precisely describable as constitutions or acts, have, however, been termed ordinances; such as the ordinance of 1787, for the government of the north-western territory. Older authorities in English parliamentary practice draw a distinction between acts and ordinances, like this: that an ordinance was but a temporary act, not introducing any new law, but founded on acts formerly made; an act was a perpetual law, not to be altered but by queen, lords, and commons. This distinction is not now observed. Sir Edward Coke says that an ordinance of parliament is to be distinguished from an act of parliament, inasmuch as the latter can be only made by the king and a threefold consent of the state, whereas the former may be ordained by one or two of them. At the time that the right of the commons to participate in legislation was yet only in growth, a distinction was taken, for the first time, in the reign of Edward III., between ordinances and statutes, the former being experimental acts passed for a time only, and, as it were, on trial, and which might afterwards be, and often were, converted into statutes, i.e. permanent acts, or else might be continued for a time, or discharged altogether. Brown.