Page:Black's Law Dictionary (Second Edition).djvu/849

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


OB

OB. Int On account of; for. Several Liiiin [7l.|[‘.i:5l'§ and ninxiins, coinineiicing with ihls word, nre more commonly introduced by "in" (q. -1:.)

OB CAUSAM AIJQUAM A RE MARI- TIMA ORTAM. For some cause aiising out of a niaritinie matter. 1 Pet. Adm. 92. Sillll to be Selden's translation of the French deiinitlou of aduilraity jurisdiction, "pour la fizit ite ia mcr." Id.

OB CONTINENTIAM DELICTI. On account of continuity to ihe ottense. i. e.. being contaminated by conjiinctien with something illegal. For exanipie, the cargo of a vessel. though not L'0l.ItI'.\lIal‘iil or un- lawful, may be conileiniied in ndniirzilty. iilnng nlth the vesscl, when the vessel has lieen engaged in some service which renders her lialilc to seizure and confiscation. The cargo is then said to be condemned on comiinmitiani itclicli. iiecailse found in company iiith an unlaivful service. See 1 Kent. Comm. 152.

OB CONTINGENTIAM. On account of connection; by reason of similarity. In Scotch law. this phrase expremes a ground for the consolidation of actions.

OB FAVOREM MERCATORUM. in favor of merchants. Fleta, lib. 2, c. 63, 9 12.

0].) infnmiam non Inlet jnxtn legem ten-aa aliquis per legem appnrentem so pnrgnte, nisi prilu convrlctns fuerlt vel confessus in curla. Gian. lib. 14. c. ii. On account of evil report, it is not usual, ac» cordlng to the law of the land, for any person to purge himself. unless he have been previousiy convicted, or confessed in court.

OB TURPEM CAUSAM. For moral consideration. Dig. 12, 5.

an im<

OBIERATIJS. Lat. In Roman law. A deiitor who was obliged to serve his credit- or till his debt was discharged. Adams, Rom. Ant. 49.

OBEDIENCE. Compliance with a com- mand. prohiliition, or known law and rule of dill‘! prescribed: the performance of what is required or enjoined by autiiority, or the abstaining from what is prohibited, in compliunce with the command or prohibition Webster.

OBEDIENTIA. An office, or the admin- istration of it; a kind of rent; submission; obedience.

Obedientin est leg-is eiisentin. 11 Cake, 100. Obedience is the essence of law.

OBEDIENTIABIUS. Du Gauge.

A monastic odicer.

841

OBLATA

OBIT SINE PROLE. Lal. [He] died without issue. Yeiirb. M. 1 Edw. Ii. 1.

OBIT. In old English law A funeral soleninlty, or office for the dead. Cowsii. The anniversary of a person's death; the anniver.s:ir_v office. Cro. J ic. 51.

OBITER. Lat. By the way: in passing; incidentally; coiluteraily. —-Olriter dictum. A remail: made, or nI“D' lon expressed, by a judge, in his decision upon 8. cause. "by the way." that is. incidentally or collntersily, nnd not directly upon the question before him, or upon :1 point not necessnrilv in- \ill\l_‘Ll in the dctermiiintiou of the cause. or intrudiicccl by way of illustraiion, or analogy or argument

OBJECT, ii. In legal procceiliugs. to ob- ject (c. 17., to the sidiiiisslon of e\ iiience) is to intcrpose a declaration to the elliect that the particular mutter or thing under consideration IS not done or admitted with the consent of the pairty objecting, but is by him considered improper or illegal, and refcrring the question of its propriety or legality to the court.

OBJECT, ii. This term "includes whatever is presented to the mind, as well as what may be presented to the senses; whatever. also, is acted upon, or operated upon, affiruiiitively, or intentionally influenced by anything done. moved, or applied thereto." Woodruft. J., Vvells v. Shook. S Biutchf. 257, Fed. Cas. No. 17,400.

—O'|:ijeet of rm action. The thing sought to be obtained by the action: the remedy demanded or the reiicf or recovery sought or prayed for: not the same thing as the cause of action or the subject of the action. SC:'Ll'l)0l\iu,‘:h v. Smith, 18 Kan. 406; Il8SSlI.("l' v. Norfolk & C. R. .. 136 N. C. 89. 43 S E G43.—-0'|:u'ect of a statute. The “ohject" of a statute is the aim or purpose of the enactment. ibe end or design which it is meant to BL'COlDIllIBl].WIille the "sub- _ie( t" is the matter to which it relates and with which it deals Medical Examiners v. Fowier, 50 La. Ann. 1 24 South. 809', l\IcNeeiy V. Soutli Penn 0 o. . Vii l‘-16, 4-4 S. E. 508, G2 L. ii. . Dav Land & Cattle 00 v. State, as Tet . 4 s. W. so5.—o1:- jects of a power. _ ere property is settled subject to :1 power given to any person or persons to appnint the same among a limited ciuss, the members of the class are called the “ob- jecis" of the power. Thus, if a piirent has I power to appoint 8 fund among his children, the children are call:-_ri the "objec1s" of the power. Muzley & “hitlvy.

OBJECTION. The act of a party who objects to some matter or proceeding in the course of :1 trial. (see 0B.Ii£o'r, 1)..-) or an urg'unient or reason urged by him in support oi his contention that the matter or ]'lI'OL8(-Xllllg ohgectcd to is improper or iliegal.

OBJURGATRICES. In old English law. S('0l(1S or unqniet women, punished with the cuclrlng-stool.

OBLATA. king by any or his subjects;

Gifts or olferlngs made to the

old debts,