Oyer

By the Plaintiff in error it is contended, that the oyer, which was prayed of the written contract alleged in the first count, spreads that contract on the record, and makes it a part of all his subsequent pleas. This is certainly true with respect to all his subsequent pleas to that count, but not with respect to his pleas to the other counts. Different counts allege different contracts, and different assumpsits. . . . Now the oyer of one contract cannot be the oyer of another contract, and cannot spread upon the record a contract supposed to be totally distinct from that which was read.

The reading to a party of a written instrument stated in the pleadings of the opposite party. In modem practice a copy of the writing is ordered furnished on application. See "Profert in Curia."

In old practice. Hearing; the hearing a deed read, which a party sued on a bond, etc., might pray or demand, and it was then read to him by the other party; the entry on the record being, "et et legitur in hœo vert a," (and it is read to him in these words.) Steph. PI. 67, 68 ; 3 Bl. Comm. 299 ; 3 Suit 119.

In modern practice. A copy of a bond or specialty sued upon, given to the opposite party, in lieu of the old practice of reading it

oier, oir, I. fr. To hear; to heard to cry. Oyant: hearing. termine. Oyes: hear you. Oyez:

Inold practice. Hearing; the hearing a deed read, which a party snedon a bond, ete., might pray or demand, and it was then read to him by the other party; the entry on the record being, “et ed legitur in hae verba,” (and itis read to him in these words.) Steph. Pi. 67, 68; 3 Bl. Comm. 299; 3 Salk. 11: In modern practice. <A copy of a bond or specialty sued upon, given to tue opposite party, in lieu of the old practice of reading it.

' At common law, a defendant may " crave oyer " of the writ, bond or other specialty upon which the action is brought; that is, petition to " hear" it read. 6 The generality of defendants, in times of simplicity, being supposed incapable to read, the whole of an instrument sued upon was entered verbatim on the record. The defendant could then take advantage of any part not stated in the declaration." Oyer occurs where the plaintiff in his declaration, or the defendant in his plea, finds it necessary to make profert [production] of a deed, probate, letters of administration, or other instrument under seal, and the go Ohio St. 473; as to a homestead, 38 Mich. 168; 21 Minn. 101, 107; 2 N. M. 101; as to mechanics' liens, 3 Kan. 499; 25 N. J. -E. 284; 9 N. Y. 435; 11 Barb. 13; 2 E. D. Smith, 681; 12 Abb. Pr. 129; 2 Ohio St. 114, 123; as to tax laws, 2 Gray, 189; 22 Wall. 263; as to dower, 2 111. 814; 3 Kan. 499; as to bailments, 2 Craneh, C. C. 83; 23 Wall. 35; as to a flre-escape, 105 Pa. 232; as to a factory, 9 Mete. B62; as to infected animals, 76 111. 490. " Breck v. Blair, 129 Mass. 128 (1880); 133 id. 318; 18 F. E. 549, 547; Story, Partn. §§ 89,412. " See 2 Bl. Com. 488; 2 Steph. Com. 166, 200. s Converse v. Kellogg, 7 Barb. 597 (1850); Hillu Cumberland Valley Mut. Protec. Co., 59 Pa. 477 (1858). • Marshall v. Pearce, 34 La. An. 559 (1882). other party prays that it may be read to him. The effect is to make the instrument a part of the pleadings.' Giving a copy, or setting forth the instrument in full, — the modern practice, — attains the end sought by oyer, as originally understood. When the com-t deems that knowledge of the contents o^ a particular writing is proper and essential to a party to a suit, it may order that he have a copy,, although the writing being unsealed is, strictly, not the subject of oyer.^' Oyer and terminer. Hear and terminate or determine. "Terminer" for determiner. A court held, originally, before commissioners (of whom two were judges of the cotirts at Westminster) twice in every year in each county, for the trial of all charges of treason, felony, and misdemeanor.^ Now, a court of original jurisdiction for the trial of crimes of the higher grades. OYEZ;'i OYES. Hear yel give heed; attend. Public criers began by exclaiming oyez, — corrupted into Oyes!' Still used by the criers of courts to command attention when a, proclamation is about to be made. See Chieb.

fr. To hear; hearing. Oyez: hear ye. The hearing a deed read in court, to which a defendant was entitled in actions based upon the deed or record where the plaintiff had to make prqfert. To crave oyer: to demand that the instrument be read, or that the party may be furnished with a copy.

Originally, a law-French verb, meaning to hear. In ancient practice, when a defendant sued upon a written instrument, of which he had no copy, desired toknow its precise contents as they were to be set up against him before pleading, he might crave oyer; that is, petition to hear the instrument read to him, before he should interpose a plea. Thereupon, it is said that in ancient times the paper was produced and read in court, in defendant's hearing; but, later, a copy is furnished him, and by this copy he pleads, and the cause is tried.

In this sense, oyer is now-a-days used as if it were a noun; and the phrase profert and oyer (q. v.) signifies the practice of proffering a written instrument as a cause of action, and desiring a copy or inspection before pleading. Previous and preparatory to pleading in bar, the defendant may crave oyer of the writ or bond or other specialty upon which the action is brought, — that is, to hear it read to him; the generality of defendants, in the times of ancient simplicity, being supposed incapable to read it themselves; whereupon, by the old practice, the whole is entered verbatim upon the record, and the defendant may take advantage of any condition or other part of it, not P.