Legal Articles

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.

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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.

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OPPIGNERARE

Lat. In the civil law. To pledge. Calvin.

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ORANGEMEN

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

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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 from inferior jurisdictions. Also a commissary or official of a bishop or other ecclesi- astical judge having judicial power; an archdeacon; officer of the royal household. Wharton. In American law. A judicial officer, in several of the states, clothed by statute with powers in regard to wills, probate, administration, guardianship, etc. In Scotch law. A single judge of the court of session, who decides with or without a jury, as the case may be. Brande. In the civil law. A judge who has authority to take cognizance of causes in his own right, and not by deputation. Murden v. Beath, 1 Mill, Const. (S. C.) 269.

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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 propria neminem posse vo- lnntate sna cximi manifestum est. It is evident that no one is able of his own pleasure. to do away with his proper origin. Code 10, 3S, 4; Broom, Max. 77. Origo rei inspici debet. The origin of a thing ought to be regarded. Co. I.itt. 248,’;.

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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.

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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. 38, 2 Sup. Ct. 44, 27 L. Ed. 370; Turner T. State, 55 Md. 264.

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OUTSETTER

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

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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 for life the same estate and powers under the re- settlement. The clause is so called because it provides that the resettlement shall be overreached by the exercise of the old powers. If the resettlement were executed without a provision to this effect, the estate of the tenant for life and the annexed powers would be subject to any charges for portions, etc., created under the original settlement. 3 Dav. Conv. 4S9; Sweet

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OYER DE RECORD

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

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