Page:Black's Law Dictionary (Second Edition).djvu/862

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ONEROUS

uable consideration, I. 12., one which imposes a burden or charge in return for the benefit confeired.

—Onerous cause. In Scotch law. A good and legzil considoIation.—Onerou.s nontract. See UoNTRAc'r.—Onerous deed. In Scotch law. A ll(‘P(i ,,-iien for a valuable consideration. B nex-ous gift. A gift made subject to in charges imposed by the donor on the done-c.—Onororis title. A title acquired by the giving of a valuable con ution, as the payment of money or rendition of services or the performance of conditions or assumption or dlse -luu-gc of llens or charges. Scott v. \\"ard. 13 Cal. 438; Kircher v. l\iurr'i\' (C. C.) 54 Fed. 611‘: Noe v. Card. 14 Cal. 576: Civ. Code La. 1900, an 3556.

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

ONROERENDE AND VAST STAAT. Dutch. immovable and fast estate, that is, land or real estate. The phrase is need in Dutch wills. deeds, and antenuptial contracts 01 the early colonial perlod in New York. See Spralier v. Van Aistyne, 18 Wend. (N. 1.) 208.

ONUS. Lat A burden or load; a weight The lading. hurden, or cargo of a vessel. A charge; an iucuinhrance. Cum omzre, (q. 'Ii.,) with the lncunihrance.

—Onns episcopale. Ancient customary pay- ments from the clergy to their diocesan bishop, of siuodals, pentecostnls, ctc.-—0nus impurtandi. The charge of importing merchandise, mentioned ln St. 12 Car. II. c. ' . nns pro- handi. Burden of proving; the burden of proof. The strict meaning of the term “omu prulnmdi" is that, if no evidence is adduced by the party on whom the hui-den is cast, the issue must be found against him. Davis v. Rogers, 1| Houst. (Del.) 44.

OPE CONSILIO. Lat. By aid and counsel. A civil law teiin applied to accessaries, similar in import to the "aiding and abetting" of the common law. Often written “ope et 0071.5-i'li0.” Biirrill.

OPEN, 1:. To render accessible, visihle, or available; to submit or suhject to examination, inqiiiry, or review, by the removni of restrictions or impediments.

--Open a. case. in practice To open a case is to begin ii; to make an initiatory explanation of its features to the court. jury. referee, etc., by outli ng the nature of the transaction on which ii: is founded, the questions involved. and the character and general course of the evidence to be adduced —Open in commission. To enter upon the duties under a commission, or commence to act under a commission, is so termed in English law. Thus, the judges of assize and nixi prlus derive thelr authority to act under or by virtue of commissions directed to them for that purpose: and when they come menu: acting under the powers so committed to them, they are said to open the commissions; and the day on which they so commence their proceedings is thence termed the "commission day of the assizes." ]3rown.—0pen a court. I'o open a court is to make a formal announcement, usually by the crier or baililf, that its

854

OPEN

session has now begun and that the husinesa before the court will he proceeded with.—0pen a credit. To accept or pay the draft of a correspondent who has not furnished funds. Pardessus, no. 296.—Operi a deposition. Tn hreali the seals by which it was seuired, and In it open to view, or to bring it lnto court i for use.—Open a judgment. To lift or

the bar of finality and couclusiveiiess vlhiufi it imposes so as to permit a re-examination merits of the action in which lt was r

This is done at the instance of a parl_\ sh} lug good cause why the execution of the ’ ment would he incquitahle. It so far sun I judgment as to prcwent its El1fOI'LEl.l']I"lJt null! Qo final determination upon it, but does not In Ifi mean time release its lien upon real esuite. &~ Insurance Co. v. Beale, 110 Pa. 321, 1 At]. 93 —Open a rule. To restore or recnll a i"'_‘I which has been made ahsoliite to its romlim state, as 11. rule nixi, so as to readinit of one being shown against the rule. Thus, when I rule to show cause has been made absolute under a mistaken impression that no counsel id been instructed to show cause against IL it I‘ usual for the party at whose instance the rule was obtained to consent to have the rule open‘ hy which all the proceedings subsequent to [he day when cause ought to have been shown against it are in effect nullified, and the rule is then argued in the ordinary way. Browns Open a street or highway. To establish if hy law and make it passable and available for pnhlic travel. See Iiecd v. Toledo, 18 161; Wilcoxon v. San Luis Ubispo, 101 508. 35 Pa .088: Gaines v. Hudson Cnunty Avc. Com‘r. 7 N. J. Law. 12.—0pen hide. To opcn hids received on a foreclosure or mln-r judicial sale is to reject or cancel ti.l|"l.l'] for fraud, mistake, or other cause, and order a resale of the property. Andrews v. Switch. 2 Blond (Md.) (5—H.—0'pen the pleadings. To state hi-icfiy at a trial before a jury the ilk- stance of the pleadings. This is done by 0: junior counsel for the plalntilf at the commencemcnt of the trial.

OPEN. adj. Patent; vlsihle; apparent: notorlous; not clandestine, not closed, settled, fixed, or turininuted.

—Open hulk. In the muss; expn-nil to view- not tied or scaled up. In re Sanders (C. C.) Fifi Fed. 802, 18 L. R. A. 5}9.—Open court. This term may mean either a noun which has hc-en formally convened and declared open for me transaction of its oroper judicial business, or Ii court which is fieely open to the approach of all decent and orderly persons in the charnuvr of spectators. Hohurt v. Hobart, 45 Iowa. 501; Conuier v. Bird. 56 N. J. La“ 38. ES Atl. 4128, Ex arte Branch, (‘:3 Ala. 3 . liars r Railroad 0.} 09 Md. 4 . 58 Atl. -l39.—Opeii doors. In bcotch law. “Letters of open doors" are process which eiunonars the messenger. or officer of the law, to iJl‘C2lk open doors of houses or rooms in which the debtor has placed hls goods. ]3ell.—0pen fields, or meadows. lu English law. Fields which are undiviuicd, but helong to separate owners; the part of each owner is rmirked off by boundaries until the crop has hecn carried off, when the pasture ls shared prnmisi-uonsly by the joint herd of all the owners. Elton. ('ommous. 31; Sweet.- Open law. The making or waging of haw Mag-na Chaita, c. 2l.—Open season. That portion of the your wherein the laws for th: preservation of game and fish permit the killing of u pruticnlnr species of some or the taking of a particular iariety of [ish.a0pen theft. In Saxon law. The same with the Latin “fortum mam'fcstum." (q. 1;.)

As to open "Accu1int,” “Corporafion," ‘Entr " "Insolvency," “Lcwdness." “Policy.”

lossessiou." and “Verdict.“ see those titles