Page:Black's Law Dictionary (Second Edition).djvu/861

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OMNIUM RERUM

the contribution of all. law of general a\cr:1ge.

A principle of the

Omnium rerum quarum nan: alt, potest esse almsus, virtnte solo excepta. There may he an abuse of everything of which there is a use, virtue only excepted. Dav. Ir R. B. 79.

ON ACCOUNT. In part payment: in pal!- tial satisfaction of an account. The phrase is usually contiaisted with "in full."

ON ACCOUNT OF WHOM IT MAY CONCERN. \\ hen a policy of insurance expresses that the insurance is made “on ac- munt of whom it may concern," it will cover all persons having an insurable interest in the subject-matter at the date of the policy and who were then contemplated by the par-

t_\' procuring the insurance. 2 Pars. Mar. Law. 30. ON CALL. There is no legal difference

between an obiigation payalile “when (le- nianded" or “on demand" and one payable "on call" or "at any time called for." In each case the debt is payable immediately. lionnian v. McCl1esney. 22 Grat. (Va.) 6119.

ON CONDITION. These words may he construed to mean “on the terms," in order to eilectunte the intention of parties. Mea- nor v. Mcliowan, 4 Watts ii: 5. (Pa.) 302.

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

ON DEMAND. A promissory note pav- able “on demand" is a present debt, and is payable witiioui any demand. Young v. Weston. 39 Me. 492: Appeal of Andress, 99 Pa. 421.

ON FILE. Filed; entered or placed upon the files; evisling and remaining upon or among the proper files. Siosson v. Hall, i7 llilnu. 95 (Gil. 71); Snider v. iiiethvln. G0 Tex. 487.

ON OR ABOUT. A phrase used in re citing the date of an occurrence or convoy- unce. to esuipe the necessity of being bound by the statement of an exact date.

ON OR BEFORE. Tliese words, inserted in a stipulation to do an act or pay money, entitle the party stipulating to perform at any tlme before the day: and upon performnnce, or tender and refusal, he is im- mediately v ' d with all the rights which would have attached if performance were made on the day. Wall v. Simpson, 6 J. J. Marsh. (Ky.) 156, 22 Am. Dec. 72.

S53

ONEROUS Once a fraud, always a. fraud. 1,9 Vin. Ahr. 539.

ONCE A MORTGAGE, ALWAYS A MORTGAGE. This rule signifies that an instrument originally intended as a mort- gage, and not a deed. cannot be converted into anything else than a mortgage by any subsequent clause or . "l'BBl.flelI1t.

Once a. recompense, always a. recompense. 19 Via. Ai)1'. 277.

ONCE IN JEOPARDY. A phrase used to express the condition of a person charged with crime, who has once already, by le,-.:.1l proceedings, been put in danger of conviction and punishment for the s_ame offense. See Com. v. Fitzpatrick. 121 Pa. 109. 15 Atl. 466, 1 L. R. A. -151. 6 Am. St. Rep. 751'.

Once quit and cleared, ever quit and cleared. (Sena-h, anis quit and clenged. ay quit and clenged.) Sliene, de Verb. Sign. voc. "‘Iter.," ad fin.

ONCUNNE. L. Fr. Accused. Du Cange.

ONE HUNDRED THOUSAND POUNDS CLAUSE. A precautionary stipuiation inseried in a deed making a good tenant to the prtrcipe in a common recovery. See 1 Prest. Conv. 110.

ONE-THIRD NEW FOR OLD. NEW FOR OLD.

See

ONERANDO PRO RATA PORTIONIS. A writ that lay for a joint tenant or tenant in common who was distrained for more rent than his proportion of the land comes to. Reg. Orin. 18:3.

ONERARI NON. In pleading. The name of a plea. in an action of debt, by which the defendant says that he ought not to he charged.

ONERATIO.

Lat. A lading; a cargo.

ONERATUR NISI. See 0- Ni.

ONERIS FERENDI. Lat In the (‘it'll law. The servitude of support: a servitude hy which the wall of a house is required to sustain the wall or beams of the axi1'oinin:; house.

ONEROUS. A contract. lease. share. or other right is said to be "onerous" when the obligations aitaching to it counter-balance or exceed the adrantafxe to be derived from it, either ahsollitcly or with reference to the particular possessor. Sweet.

As used in the civil law and in the s stems derived from it, (French, Scotch. l\[c\ic-an.) the torn: also means hased upon.

supported by, or relating to a good and val-