The Law Dictionary

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Category: O

OYER AND TERMINER

A half-French phrase applied in England to the assizes, which are so called from the commission of oyer and terminer directed to the judges, empowering them to “inquire, hear, and determine” all

OATH

OATH. An external pledge or assevera- lon, made in verification of statements made cr to be made, coupled with an appeal to a sucred or venerated object, in evidence of the serious

OBLIGATE

To bind or constrain; to bind to the observance or performance of a duty; to place under an obligation. To bind one’s self by an obligation or promise; to as- sume a

OBSES

Lat. In the law of war. A hostage. Obsides, hostages.

OCASION

In Spanish law. Accident. Las Partidas, pt. 3, tit. 32, 1. 21; White, New Recop. b. 2, tit. 9, c. 2.

OCTAVE

In old English law. The eighth day inclusive after a feast; one of the return days of writs. 3 Bl. Comm. 278.

OFFICER

The incumbent of an office; one who is lawfully invested with an office. One who is charged by a superior power (and particularly by government) with the power and duty of exercising

OLIGARCHY

A form of government wherein the administration of affairs is lodged in the hands of a few persons.

ON FILE

Filed; entered or placed upon the files; existing aud remaining upon or among the proper files. Slosson v. Hall, 17 Minn. 95 (Gil. 71); Snider v. Methvin, 60 Tex. 487.

ONUS

Lat. A burden or load; a weight. The lading, burden, or cargo of a vessel. A charge; an incumbrance. Cum onere, (q. v.,) with the incumbrance.

ORANGEMEN

A party in Ireland who keep alive the views of William of Orange. Wharton.

ORDINARY,

n. At common law. One who has exempt and immediate jurisdiction in causes ecclesiastical. Also a bishop; and an archbishop is the ordinary of the whole province, to visit and receive appeals

ORIGIN ALIA

In English law. Transcripts sent to the remembrancer’s office in the exchequer out of the chancery, distinguished from recorda, which contain the judgments and pleadings in actions tried before the barons. Origine

OSWALD’S LAW

The law by which was effected the ejection of married priests, and the introduction of monks into churches, by Oswald, bishop of Worcester, about A. D. 904. Wharton.

OUTAGE

A tax or charge formerly imposed by the state of Maryland for the in- spection and markiug of hogsheads of tobacco intended for export. See Turner v. Mary- land, 107 U. S.

OUTSETTER

In Scotch law. Publisher. 3 How. State Tr. C03.

OVERREACHING CLAUSE

In a resettlement, a clause which saves the powers of sale and leasing annexed to the estate for life created by the original settlemeut, when it is desired to give the tenant

OYER DE RECORD

A petition made in court that the judges, for better proof’s sake, will hear or look upon any record. Cowell.

OB

Lat. On account of; for. Several Latin plirases and maxims, commencing with this word, are more commonly introduced by “in” (q. v.)

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