Legal Articles

OCCUPANCY

Occupancy is a mode of acquiring property by which a thing which belongs to nobody becomes the property of the person who took possession of it, with the intention of acquiring a right of ownership in it. Civ. Code La. art. 3412; Goddard v. Winchell, 86 Iowa, 71, 52 N. W. 1124, 17 L R. A. 788, 41 Am. St. Rep. 481. The taking possession of things which before belonged to nobody, with an intention of appropriating them to one’s own use. “Possession” and “occupancy,” when applied to land, are nearly synonymous terms, and may exist through a tenancy. Thus, occupancy of a homestead, such as will satisfy the statute, may be by means other than that of actual residence on the premises by the widow or child. Walters v. People, 21 111. 178. There is a use of the word in public-land laws, homestead laws, “occupying- claimant” laws, cases of landlord and tenant, and like connections, which seems to require the broader sense of possession, although there is, in most of these uses, a shade of meaning discarding any prior title as a foundation of right. Perhaps both uses or views may be harmonized, by saying that in jurisprudence occupancy or occupation is possession. presented independent of the idea of a chain of title, of any earlier owner. Or “occupancy” and “occupant” might be used for assuming property which has no owner, and “occupation” and “occupier” for the more general idea of possession. Judge Rouviere’s definitions seem partly founded on such a distinction, and there are indications of it in English usage. It does not appear generally drawn in American books. Abbott. In international law. The taking possession of a newly discovered or conquered country with the intention of holding and ruling it.

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ODIO ET ATIA

A writ anciently called “breve de bono et malo,” addressed to the sheriff to inquire whether a man committed to prison upon suspicion of murder were committed on just cause of suspicion, or only upon malice and ill will; and if, upon the inquisition, it were found that he was not guilty, then there issued another writ to the sheriff to bail him. Reg. Orig. 133. Odiosa et inlionesta non sunt In lee* prsesumanda. Odious and dishonest acts are not presumed in law. Co. Litt. 78; Jackson r. Miller, 6 Wend. (N. Y.) 228, 231, 21 Am. Dec. 316; Nichols Y. Pinner, 18 N. Y. 295, 300. Odiosa non prsesumnntur. Odious things are not presumed. Burrows, Sett. Cas. 190.

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OFFICIARIIS NON FACIENDIS VEL AMOVENDIS

A writ addressed to the magistrates of a corporation, requiring them not to make such a man an officer, or to put one out of the office he has, until inquiry is made of his manners, etc. Reg. Orig. 120.

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OMITTANCE

Forbearance; omission. Omne actum ab intentione agentis est judicandum. Every act is to be judged by the intention of the doer. Branch, Princ. Omne crimen ebrietas et incendit et detegit. Drunkenness both inflames (or ag- gravates) and reveals every crime. Co. Litt. 247a; 4 Bl. Comm. 26; Brooiu, Max. 17. Omne jns ant consensus fecit, ant necessities constituit aut firmavit consue- tndo. Every right is either made by consent, or is constituted by necessity, or is established by custom. Dig. 1, 3, 40. Omne magis dignnm trahit ad se minus dignum, quam vis minus dignnm sit antiqnius. Every worthier thing draws to It the less worthy, though the less worthy be the more ancient. Co. Litt. 3556. Omne magnum exemplum Habet ali- quid ex iniquo, quod publica utilitate compensatur. Hob. 279. Every great example has some portion of evil, which is compensated by tbe public utility. Omne majus continet in se minus. Every greater contains in itself the less. 5 Coke, 115a. Tbe greater always contains the less. Broom, Max. 174. Omne majus dignum continet in se minus dignum. Co. Litt. 43. The more worthy contains in itself the less worthy. Omne majus minus in se complectitur. Every greater embraces in Itself the less. Jenk. Cent. 208. Omne principale trahit ad se accesso- rium. Every principal thing draws to it self the accessory. Parsons v. Welles, 17 Mass. 425; Green y. Hart, 1 Johns. (N. Y.> 580. Omne quod solo insedificatnr solo cedit. Everything which is built upon the soil belongs to the soil. Dig. 47, 3, 1; Broom, Max. 401. Omne sacramentum debet esse de certa ?cientia. Every oath ought to be of certain knowledge. 4 Inst 279. Omne testamentum morte consumma- tum est. 3 Coke, 29. Every will is completed by death. Omnes actiones in mundo infra certa tempora habent limitationem. All ac tions in the world are limited within certain periods. Bract fol. 52. Omnes homines aut liberi sunt aut servi. All men are freemen or slaves. Inst. 1, 3, pr.; Fleta, 1. 1, c. 1,

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ONCE IN JEOPARDY

A phrase used to express the condition of a person charged with crime, who has once already, by legal proceedings, been put In danger of conviction and punishment for the same offense. See Com. v. Fitzpatrick, 121 Pa. 109, 15 Atl. 466, 1 L. R. A. 451, 6 Am. St. Rep. 757. Once quit and cleared, ever quit and cleared. (Scotch, anis quit and clenged, ay quit and clenged.) Skene, de Verb. Sign, voc. “Iter.,” ad fin.

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OPENTIDE

The time after com is carried out of the fields.

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OPPRESSION

The misdemeanor committed by a public officer, who under color of his office, wrongfully inllicts upon any person any bodily harm, imprisonment, or other injury. 1 Russ. Crimes, 297; Steph. Dig. Crim. Law, 71. See U. S. v. Deaver (D. C.) 14 Fed. 597.

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ORCINUS LIBERTUS

Lat. In Roman law. A freedmau who obtained his liberty by the direct operation of the will or testament of his deceased master was so called, being the l’reedmau of the deceased, (?orcinus,) not of the hicrcs. Brown.

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ORDINIS BENEFICIUM

Lat. In the civil law. The benefit or privilege of order; the privilege which a surety for a debtor had of requiring that his principal should be discussed, or thoroughly prosecuted, before the creditor could resort to him. Nov. 4, c. 1; Heinecc. Elem. lib. 3, tit. 21,

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ORPHANS’ COURT

In American law. Courts of probate jurisdiction, in Delaware, Maryland, New Jersey, and Pennsylvania.

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OUGHT

This word, though generally directory only, will be taken as mandatory if the context requires it. Life Ass’n v. St Louis County Assessors, 49 Mo. 518.

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OUTFANGTHEF

A liberty or privilege in the ancient common law, whereby a lord was enabled to call any man dwelling in his manor, and taken for felony in another place out of his fee, to judgment in his own court Du Cange.

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OVE

L. Fr. With. Modern French avcc.

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OVERSMAN

In Scotch law. An umpire appointed by a submission to decide where two arbiters have differed in opinion, or he is named by the arbiters themselves, under powers given them by the submission. Bell.

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OBiERATUS

Lat. In Roman law. A debtor who was obliged to serve his creditor till his debt was discharged. Adams, Rom. Ant. 49.

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OBLIGOR

The person who has engaged to perform some obligation. Code La. art 3522, no. 12. One who makes a bond.

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OBSTANTE

Withstanding; hindering. See NON OBSTANTE.

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OCCUPANT

In a general sense. One who takes possession of a thing, of which there is no owner; one who has the actual possession or control of a thing. In a special sense. One who takes possession of lands held pur autre vie, after the death of the tenant, and during the life of the cestui que vie.

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OF COUNSEE

A phrase commonly applied in practice to the counsel employed by a party in a cause, and particularly to one employed to assist in the preparation or management of a cause, or its presentation on appeal, but who is not the principal at- torney of record for the party.

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OFFICINA JUSTITLaE

The workshop or office of justice. The chancery was formerly so called. See 3 Bl. Comm. 273; Yates v. People, 0 Johns. (N. Y.) 3G3.

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