Page:Black's Law Dictionary (Second Edition).djvu/864

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OPORTET QUOD CERTA
OPTIONAL WRIT
856

Oportet quod certa res deducatur in donationem. It is necessary that a certain thing be brought into the gift, or made the subject of the conveyance. Bract fol. 15b.

Oportet quad certa res deducatur in judicium. Jenk. Cent. 3-1. A thing certain must be brought to judgment.

Oportet quad certa sit res quæ venditur. It is necessary that there should be a certain thing which is sold. To make a valid sale, there must be certainty us to the thing which is sold. Bract. fol. 61b.

Oportet quad certæ personæ, terræ, et certi statul comprehendantur in declaratione usuum. 9 Coke, 9. It is necessary that given persons, lands, and estates should be comprehended in a declaration of uses.

OPPIGNERARE. Lat. In the civil law. To pledge. Calvin.

OPPOSER. An officer formerly belonging to the green-wux in the exchequer.

OPPOSITE. An old word for “opponent."

OPPOSITION. In bankruptcy practice. Opposition is the refusal of a creditor to assent to the debtor’s discharge under the bankrupt law.

In French law. A motion to open a Judgment by defnuit and let the defendant in to ii defense.

OPPRESSION. The misdemeanor Com- mitted by a public officer, who under color of his office, wrongfully inflicts upon any person any bodily harm. imprisonment, or other injury. 1 Russ. Grimes, 297; Stcph. Dig. Ci-im. Law. 71. See U. S. v. Denver (1). C.) 1-} Fed. 597.

OPPRESSOB. A public officcr who un- li1\\ fully uses his aiithority by \\ iiy of oppression, (g. V.)

OPPBOBBIUM. In the civil law. uomiiiy; iuf.il.uy; shame.

lg-

Optima est legil interpren consuetudn. Custom is the best interpreter of the i-aw. Dig. 1, 3, 37; Broom. Max. 931; Loift. 237.

Optima est Iex quse minimum 1-elinquil: nrbitx-io judicih; optima: judex qui minimum sibi. That law ls the host which leaves least to the discretion of the judge: that judge is the liest who ieiivcs least to his own. Bzic Aphorlsnis. 46; 2 Dwur. St 782. That system of law is best which confides as ill-t.e as possible to the discretion of the judge: that judge the best who reiles as little us possible un his own opinion. Broom, MJL Si; 1 Kent, Comm. 478.

Optima statuti intei-prctatrix est (oni- nibin linrtieulis ejnsdem inspectiil) ip- imm ntatutnni. The best interpreter of ii statute is (all lts parts being considered) the statute itseit‘. Wing. Max. p. 239. max. (38. E Coke, 11711.

OPTIMACY. Nohlilty; men of the hlglr est rank.

Optimum one leg-om, qune minininm re- linquit nrlzitrio Judieis; id quad certitudo ejua px-aestat. i‘hat law is the but which leaves the least d.'isci-etion to lie judge; and this is an advuntuge WlJI(.l] R- sults from its certainty. Biic. Aphorisins, B.

Optimus inter-pi-es re:-um I1lI1l- Use or usage is the best interpreter of things 2 Inst. 28.’; Brooih, Max. 917, 930, 931.

Optixnna lnterpretnndi mndul out Iio Ieges intex-pretari ut leges legilzul eocno:-dant. 8 Coke, 169. The best mode ut inteipi-etation is so to interpret laws [hut they may accord with each other.

Optilnnl legum inter-pres cunsuetiido. 4 Inst. 75. Custom is the best interpreter of the laws.

OPTION. In English ecclesiastical law. A Customary prei'oga1l'.ive of an arch- bishop, when a bishop is conseciated by him. to name a clerk or (J.li11)l.ailJ of his own to be provided for by such suf1'i‘ag;iu hishop; in heu of which it is now usual for the bishop to iniike over by deed to the archbishop, his exeLutui's and assigns, the next preseutiitiou of such dignity or benetice in the bishop‘: disposal within that see, as the archbishop himself shall choose, which is therefore cali- ed his "optloil." 1 Bl. Comm. 381; 3 Staph. Comm. (:3, 6i; Cowell.

In contracts. An option is a privilege existing in one pe1son_ for which he has mid money, which gives him the right to buy certaiu merchandise or Ceftillli specihed securities from another person, if he chooses. iit uny time within an agreed period, at :1 fixed price, or to sell such property to such other peison at an agreed price and tlme. If the option gives the choice of buying or not buying. it is denominated 5. “calL" If it gives the choice of selling or not, it is called a “pu ” If it is a (.'0lllI)l.|']€ltlOl1 of both these, and gives the privilege of eillicr buying or ~ ling or not, it is uilied a ‘str:uld.1e" or 8. "spreaul eagle." These teiins are used on the stock-exchange. See Tenney v. is‘ool;e, 95 iii. 91); Plan]: v. Jackson, 128 ind. 424. 20 N. E. .368: Osgood v. 13-nuder, 1'5 Iowa. 550. 39 N. W. 887. I L. It. A. 655.

OPTIONAL WRIT. In old England pl‘flL‘- tlce Thiit species of original writ, other- wise called a "pro.-clpc," which was framed

in the alternative, commanding the defend-