Page:Black's Law Dictionary (Second Edition).djvu/865

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OPUS

ant to do the thing required, or show the roa- sou wherefore he had not done it. 3 BL Comm. 274.

OPUS. Lat Work; labor ; the product of work or labor.

—Opns Iocatum. The product of work let for use to another; or the hiring out of work or lalmr to be done upon a thing.—01nu inan- ‘ cum. In old Englisih law Labor done by the hands: manual labor; such as m.iking a hi-l__'i. digging a ditch. I"lcta, lib. 2, (L 424, § 3. —Opus novuin. In the civil law. A new vioil: Iiy this term was meant something new- '1)’ built upon land, or taken from a work all'Ll\I]_)' eriicted. He was said opus mrvwm [ll-(‘Hie (lu make a new uork) who. either by huildlng or by taking anytiiing away hanged the former appcririlnee of a W0l'I(. Di 39. 1, 1, 11.

OR. A term used in heraldry, and signi- fying gold; t'.lIiBd “sol" by some heralds when it occurs in the arias of princes, and “topaz" or "carbuncle" when borne by peers. i-liiginvers represent it by an indefinite number of small points. Wharton.

ORA. A Saxon coin, valued at sixteen pence, and sometimes at twenty pence

ORACULUM. In the Civil law The naiue of a kind of response or sentence given by the Roman emperors.

ORAL. Uttered by the mouth or in words; spoken, not written.

--Oral. conti-act. One which is partly in writing and paitly depends on spoken words, or none of which is in tinting; one which. in so far as it has been reduced to writing. is incomplete or expresses only a part of what is intended, but is completed by spoken words; or one whidi. orig- in.-illy written. has afterwards been changed See Snow v. Nelson (0. C.) 113 Fed. ltaiiwiiy Passenger, etc., Ass'n v. Itlflmis, 14 Ill. .360, 3- N. E. 42-i.—Ol‘€l.I. pleading. Pleading by nord of mouth, in the actual presence of the court. This was the ancient mode of pleading in Eulantl, and continued to the reign of Edward III. Stcph. Pi. 23—.‘Z6.—O1-a.I testimony. That whith is delivered from the iips of the witness. Bates‘ Ann. St. Ohio 1904, 5 5262: Rev. St. Wyo. 1899, § 370-L

ORANDO PRO REGE ET REGNO. Au .iiicleiiL ivilt which issued, while there was no standing colicct for a sitting parlia- ment. to pray for the peace and good government of the realm.

ORANGEMEN. A party in Ireland who keep alive the views of William of Orange Wharton.

ORATOR. The plaintiff in a cause or I1I:1li'E)‘ in chaiiccry, when addressing or petltlouing the court. used to st_'.le himself “oriitoi-." and, when a woman, “orati'l_x." But these tenns have long gone into disuse, and tile customary phrases now are "plaintiff" or “pctltioner."

in Iwnian law, the term denoted an advocate.

857

ORDER

ORATRIX. A female petitioner; a female plaintiff in a bill in chancery was formerly so called.

ORBATION. Dep1'i\'ation of one’s parents or children, or piivzition in general. Llttle used.

ORCINUS LIBERTUS. Lat. In Ro- niiin law. A freedman who obtained his liberty by the direct operation of the will or testament of his deceased master was so called. being the frcedinan of the deceased, (orciiius-,) not of the mares. Brown.

ORDAIN. To institute or establish; to make an Ol‘d.ifll.l1lCe; to enact a. 1.-oii.s'I.iLution or law. Kcpuer v. 0ouiiu., 40 Pa. 124; U. S. v. Smith, 4 l\. J. Law,

ORZDEAL. The most ancient species of

trial, in Saxon and old English law, being peculiarly distinguished by the appellation of ‘jud/it-mm Del." or "judgment of God," it being supposed that supernatural intervention would rescue an innocent person from the danger of physical harm to which he was exposed in this species of trial. The ordeal was of two sorts,—either fire ordeal or water ordeal; the former being confined to persons of higher rank, the latter to the common people. 4 Bl. Comm. 342. -Fire nrdenl. The ordeal by fire or red-hot iruii. Wl.Li(.‘Ii vsas peiformcd either by taking up in the hand a. piece of red-hot iron, at one, two, or thice pounds weight, or by walking barefout and blindfolded over nine red-hot plowshares. laid lengthwise at unequal distances 4 Bl. CODJIHI. 3-13: Cowell.

ORDEFFE, or OBDELPE. A liberty whereby a man claims the ore found in his own land; also, the ore Lying under land. Cowell.

ORDELS. In old English law. The right of administering oaths and adjudging trials

by ordeal within a precinct or liberty. Cow- ell. ORDENAMIENTO. in Spanish law.

An order emanating from the sovereign, and diirering from a ceiluliz only in form and in the mode of its promulgation. Schm. Civil Imw. Introd. 93. note.

ORDENAMIENTO DE ALCALA. A collection of Spanish law promulgated by the Cortes in the year 1348. Schm. Civil Law, introd. 75.

ORDER. In 3 general sense. A mandate, precept; a Command or direction authoritatively given; a rule or regulition

The distinction between "order" and "requisition" is that the first is R, mandatory act, liie latter a request. Mills v. Martin, 9 Johns. (N. Y.) 7.

In practice. Every direction or a court

or Judge made or entered in writing, and not