Page:Black's Law Dictionary (Second Edition).djvu/855

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OCEAN

OCEAN. The main or open sea; the high sen: that portion of the sea which does not lie within the body of any country and is not suhject to the territorial jurisdiction or control of any country, but is open, tree, and common to the use or all nations. See U. S. v. Rodgers. 150 U. S. 249. 14 Sup. Ct. 109. 37 L. Ed. 1071: U. S. v. New Bed- tord Bridge. 27 Fed. Cas. 120; De Lovio v. Bolt. 7 Fed. Cas. 428; U. S. v. Morel, 26 Fed. Cas. 1312.

OCI-IIERN. in old Scotch law. A name of dignity; a freeholder. Skene de Verb. Sign

OCHLOCRACY. Government by the multitude. A form of government wherein the populace has the whole power and ad- ministration in its own hands.

O(..'l‘AVE. In old English law. The eighth day inclusive after a feast; one of the return days of writs. 3 Bl. Comm. 278.

OCTO TALES. Eight such; eight such men; eight such jurors. The name 01' a writ, at common law, which issues when upon a trial at bar, eight more jurors are nec- essary to till the panel. commanding the sheriff to summon the requisite number. 3 Bl. Comm. 364. See DECEM Tamas.

OCTROI. Fr. In French law. Originaliy, a duty, which, by the permission of the seigneur, any city was accustomed to collect on liquors and some other goods. hronght within its precincts, for the consumption of the inhabitants. Afterwards appropriated to the use of the king. Steph. Lect. p. 301.

Odetunt peocare bani. vlrtutis smote; oderunt peecare mnli, fox-midine poenee. Good men hate sin through love of virtue: bad men, through tear of punishment.

OD]-IAL. Complete property, as opposed to feudal tenure. The transposition of the syllables of “o(Hlal" makes it "allo(HL" and hence, according to Blackstone. arises the word “allo(l" or “ttIIorlinJ." (q. 17.) “AllmIh" is thus put in contradistinction to “feeorIh." Vlozley & Whitley.

01310 El‘ ATIA. A writ anciently call- ed “breve (18 bone 21! male." 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 inqnisition, it were found that he was not guilty, then there issued another writ to the sheritt to ball him. Reg. Orig. 133.

Odinsn cl: inhonesta. non aunt In lege pr-aenumunda. Odious and dishonest acts are not presumed in law. Co. Lltt. 78; Jackson v. Miller, 6 Wend. (N. Y.) 228, 231,

847

OFFENSE

21 Am. Dec. 316; Nichols v. Pinner, 18 N. Y. 295. 300.

Odiosn. no-n praesuununtnr. Odlous things are not presumed. Burrows, Sett. Gas. 190.

CECONOMICUS. L. Lat. In old English law. The executor or a last will and testament Cowell.

CECONOMUS. Lat. A manager or administrator.

In the civil law. Calvin.

OF COUNSEL. 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 or a cause, or its presentation on appeal, but who is not the principal attorney of record for the party.

OF COURSE. Any action or step taken in the course of judicial proceedings which will be allowed by the court upon mere application, without any inquiry or contest. or which may be effectually tnlren without even applying to the court for leave. is said to be "of course." Stoddard v. Treadwell, 29 Cal. 281; Merchants’ Bank v. Crysler, 67 Fed. 390, 14 G. C. A. 444.

O1‘ FORGE. In force; extant; not ob- solete; existing as a binding or ohiigatory power.

01‘ GRACE. A term applied to any permission or license granted to a party in the course of a judicial proceeding which is not claiumhle as a matter of course or of right. hut is allowed by the favor or indulgence of the court. See Walters v. McElroy. 151 Pa. 549. 25 At]. 125.

01‘ NEW. A Scotch expression. closely translated from the Latin “de novo," (q. 1:.)

O1‘ RECORD. Recorded: entered on the records; existing and remaining in or upon the appropriate records.

OFFA EXECRATA. ln old English law. The morsel of execration; the corsned. (q. 1:.) 1 Reeve, Eng. Law, 21.

OFFENSE. A crime or misdemeanor; a breach of the criminal laws. Moore v. illi- nois. 14 How. 13. 14 L. Ed. 306; Illies v. Knight. 3 Tex. 312; People v. French. 102 N. Y. 583. 7 N. E. 913; State v. “Vest. -i2 Minn. 147. 43 N. W. 845.

It is used as 21 genus. comprehending every crime and misdemeanor, or as a species. signifying a crime not indictable, but punishable summarilv or by the forfeiture of a penalty. In re Terry (C. C.) 37 Fed. 649. —Continuing nflenne. A transaction or 1|

series of acts set on foot by a single impulse,