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In case of default; upon failure of stipulated action or performance; upon the occurrence of a failure, omission, or neglect of duty.

A term applied to the signature of an instrument, the body of which is in a different handwriting from that of the signature. Best, Ev. 315.

1. In the law of evidence, opinion is an inference or conclusion drawn by a witness from facts some of which are known to him and others assumed, or drawn from facts which, though lending probability to the inference, do not evolve it by a pro- cess of absolutely necessary reasoning. See Lipscomb v. State, 75 Miss. 559, 23 South. 210. An inference necessarily involving certain facts may be stated without the facts, the inference being an equivalent to a specification of the facts; but, when the facts are not necessarily involved in the inference (e. g., when the inference may be sustained upon either of several distinct phases of fact, neither of which it necessarily involves.) then the facts must be stated. Whart. Ev.

Uttered by the mouth or In words; spoken, not written.

A rule established by authority; a permanent rule of action; a ORDINANCE 859 ORDINES law or statute. In a more limited sense, the term Is used to designate the enactments of the legislative body of a municipal corporation. Citizens’ Gas Co. v. Ehvood, 114 Ind. 332, If. N. E. 024; State v. Swindell, 140 Ind. 527, 45 N. E. 700, 5S Am. St. Rep. 375; Bills v. Goshen. 117 Ind. 221, 20 N. E. 115, 3 L. E. A. 201; State v. Lee, 20 Minn. 445, 13 N. W. 913. Strictly, a bill or law which might stand with the old law, and did not alter any statute in force at the time, and which became complete by the royal assent on the parliament roll, without any entry on the statute roll. A bill or law which might at any time be amended by the parliament, without any statute. Hale, Com. Law. An ordinance was otherwise distinguished from a statute by the circumstance that the latter required the threefold assent of king, lords, and commons, while an ordinance might be ordained by one or two of these constituent bodies. See 4 Inst. 25. The name has also been given to certain enactments, more general In their character than ordinary statutes, and serving as organic laws, yet not exactly to be called “constitutions.” Such was the “Ordinance for the government of the North-West Territory,” enacted by congress in 1787.

In Saxon law. Without recompense; as where no satisfaction was to be made for the death of a man killed, so that he was judged lawfully slain. Spelman.

Eat Gates of the kingdom. The ports of the kingdom of England are so called by Sir Matthew Hale. De Jure Mar. pt 2, c. 3. OSTIUM ECCLESI^ 862 OUT OF TIME

In reference to rights, liabilities, or jurisdictions arising out of the common law, this phrase is equivalent to “beyond sea,” which see. In other con- nections, it means physically beyond the territorial limits of the particular state in ques- tion, or constructively so, as iu the case of a foreign corporation. See Faw v. Itober- deau, 3 Cranch, 177, 2 L. Ed. 402; Foster v. Givens. 07 Fed. 6S4, 14 C. C. A. 625; Meyer v. Roth, 51 Cal. 582; Yoast v. Willis, 9 Ind. 550; Larson v. Aultman & Taylor Co., 80 Wis. 281, 56 N. W. 915, 39 Am. SL Rep. 893.

In English law. Bailiffs- errant employed by sheriffs or their deputies to ride to the extremities of their counties or hundreds to summon men to the county or hundred court Wharton. OUTROPER 8G4 OVERRULE

To survive; to live longer than another. Fiuch, Law, b. 1, c. 3, no. 58; 1 Leon. 1.

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 ou the record being, “et ei legitur in hcco verba,” (and it is read to him in these words.) Steph. Pi. 67, 68 ; 3 Bl. Comm. 299; 3 Salk. 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.