Page:Black's Law Dictionary (Second Edition).djvu/858

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OFFICIAL

Sweet.—0fiicial trustee of charity lands. The secretary of the English charity commissioners. lie is a corporation sole for the purpose of taking and holding real property and ieasehoids upon trust for an endowed charity

in cases where it appears to the court desirable to vest them in him. He is a bare trustee, the possession and management of the land remaining in the persons acting in the administration of the charity. Sweet.

As to official “Bouds," “Liquidator," "Log- Book," "Nev\spaper,” “Oath.” and "Usc,"see those titles.

OFFICIALTY. The court or Jurisdiction of which an official is hcad.

OITTCIARIIS NON FACIENDIS V]-IL 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 in- quiry is made of his manners, etc. Reg. Orig. 126.

OFFICINA JUSTITIE. The Workshop or office of justice. The chancery was formerly so called. See 3 Bl. Comm. 273; Yates v. People, 6 Johns. (N. Y.) 363.

OFIFICIO, EX, OATH. An oath where- by a person may be obliged to make any presentment of any crime or offense, or to con- fess or accuse himself of any criminal matter or thing whereby he may be liable to any censure, penalty, or punishment. 3 Bl. Oomm. 447.

OFFICIOUS WILL. A testament by which a testator leaves his property to his family. sandals, Just. Inst. 207. See IN- orncrous TESTAMENT.

Oificit nullatnu of eifeotus laquatnr. The attempt becomes of consequence, if the cited: follows. Jeuk. Cent. 55.

Ofiioium nemini debet ease damnosum. Oflice ought not to be an occasion or loss to any one. A maxim tn Scotch law. Bell.

OFFSET. A deduction; a counterclaim; a contrary claim or demand by which a given claim may be lessened or canceled. See Leonard v. Charter Oak L. Ins. Co., 65 Conn. 529. 33 At]. 51.1; Cable Flax Mills 7. Early, 72 App. Div. 213, 76 N. Y. Supp. 191. The more usual form of the word is “set-ctr," (tz. 12-)

OFFSPRING. This term is synonymous with “issue." See Barber v. Railroad Co., 166 U. S. 83. 17 Sup. Ct. 4188, 41 L. Ed. 925: Allen v. Markie, 36 Pa. 117; Powell v. Brandon, 2 Cushm. (Miss.) 343.

DIR. in Spanish law. To hear: to take cognizance. White, New Recap. b. 3, tit. 1, c. 7.

850

OLOGRAPHIC TESTAMENT

OKER. In Scotch law. Usury; the taking of interest for money, contrary to law. Bell.

OLD NATURA BREVIUM. The title of a treatise written in the reign of Edward Iii. containing the writs which were then most in use, annexing to each a short com- ment concerning their nature and the application of them, with their various properties and effects. 3 Reeve, Eng. Law. 152.

It is so called by way of distinction from the New 1\'at-ura Brevium of Fitzherhert, and is generally cited as “O. N. B.," or as "Yet Na. B.," using the abbreviated form of the Latin title.

OLD STYLE. The nnclent calendar or method of reckoning time, whereby the year commenced on March 25th. It was superseded by the new style (that now iu use) in most couutries of Europe in 1582 and il- England in 1752.

OLD TENURES. A treatise. so called to distinguish it from Littieton’s book on the same auhject_ which gives an account of the various tenures by which land was holdcn, the nature of estates, and some other inci- dents to landed property in the reign of Ed- ward I11. It is a very scanty tract, but has the merit of having led the way to Littietou's famous work. 3 Reeve, Eng. Law, 151.

OLEOMARGARINE. An artificial imitation of butter, made chiefly from animal fats. its sale is prohibited or restricted by statute in several or the states. See Cook v. State. 110 Ala. 40, 20 South. 360; Butler V. Chamhers, 36 Minn. 69, 30 N. W. 808, 1 Am. st. Rep. 638: State v. Rausick, 62 Ohio St. 283, 56 N. E. 1024; Braun v. (Josue (C. C.) 125 Fed. 331; U. s. Co'l:np. St. 1901, p. 2228; State v. Armour Packing Co., 124 Iowa, 323, 100 N. W. 60; People v, arensburg. 105 N. Y. 123, 11 N. E. 277, 59 Am. Rep. 483; Powell v. Com., 114 Pa. 265, 7 At]. 913. 60 Am. Rep. 350; Powell v. Pennsyivauia. 12? U. S. 67S, 8 Sup. Ct. 992, 32 L. Ed. 253.

OLERON, LAWS 01‘. A code of maritime iaws puhiished at the island of Oieron in the twelfth century by Eleanor of Gui- eune. They were adopted in England successively under Richard 1.. Henry III., and Edward IIL, and are often cited before the admiralty courte. De Lovio v. Bolt, 2 Gail. 398. Fed. Cas. No. 3,776.

OLIGARCI-KY. A form of government wherein the administration of affairs is lodg- ed in the hands of a few persons.

OLOGRAPH. An instrument (e. 17., a will) wholly written by the person from whom it emanates.

OLOGRAPHIC TESTAMENT. The oin-

graphic testament is that which is written