Owner’s Risk

An expression employed by carriers with tbe object of relieving them from responsibility. The carrier is held not to be liable if be uses ordinary diligence; otherwise, if he displays gross negligence or malfeasance; [1906] T. 8. 973 (So. Afr.). OX GANG (fr. Sax. gang, going, and ox; Law Lat. bovata). So much land as an ox could till. In the north of England a division of a earucate. According to some, lifteen acres. Co. Litt. 69 a; Crompton, Jurisd. 220. According to Balfour, the Scotch oxengang, or oxgate, contained twelve acres; but this docs not correspond with ancient charters. See Bell, Diet. Ploughgate. Skene says thirteen acres. Cowell. See 1 Poll. & Maitl. 347. A prayer or petition to the court that party may hear road to him the deed, stated in the pleadings of the opposite and which deed is by intendment of law court when it is pleaded with a The same end is now generally attained giving a copy of the deed of which oyer asked, or, in other instances, by setting the instrument in full in the plaintiff’s ment of his case. Oyer as it existed at mon law seems to be abolished in England; B. & P. 64 G; 3 id. 308; 23 E. L. & E. Oyer may be demanded of any specialty other written instrument, as, bonds of sorts, deeds-poll, indentures, letters mentary and of administration, and the which the adverse party is obliged to with a profert in curia; Gould, PI. 40S. pleading with a profert unnecessarily not give a right to demand oyer; 1 497; and it may not be had except profert is made; llempst. 265. Denial oyer when it should be granted is ground error; Andr. Steph. PI. 59; Osborne v. 1 Blaekf. (Ind.) 12G. In such cases the ty making the claim should move the to have it entered on record, which is the nature of a plea, and the plaintiff counterplead the light of oyer, or out the rest of the pleading following the er, and demur; 1 Saund. 9 b, n. 1; Bac. Pleas 1; upon which the judgment of court is cither that the defendant have or that he answer without it; id.; 2 142; G Mod. 28. See Profert in Curia. After craving oyer, the defendant may forth the deed or a part thereof, or not, his election; 1 Chitty, PI. 372; and afterwards plead non cst factum, or other plea, without staling the oyer; 2 1241; 1 Wils. 97; and may demur if a terial variance appear between the oyer declaration; 2 Saund. 3GG, n. See, generally, Com. Dig. Pleader Abatement (I 22); 3 Bouvier, Inst. n.