Page:Black's Law Dictionary (Second Edition).djvu/866

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


ORDER

included in a judgment, Is denominated an "order.” An application for an order is a motion. Code Civ. Proc. CaL 5 1003; Code N. Y. 5 400.

Orders are also issued by suhordinate legislative authorities. Such are the English oiders in council, or orders issued hr the privy council in the name of the king. either in exercise of the royal prerogative or in pursuance of an act of parliament The rules of court under the jiidicatare act are grouped together in the form of ordens. each order dealing with a particular subject-niatter. Sweet.

An order is also an informal bill of ex- change or letter of request whereby the party to whom it is addressed is directed to pay or deliver to a person therein named the whole or part of a fund or other property of the person making the order, and which is in the possession of the drawee. See Carr V. Sunimerfieid, 47 W. Va. 155, 34 S. E. 804; People v. Smith, 112 Mich. 192, 70 N. W. 466, 67 Am. St. Rep. 392: State v. Nevins. 23 Vt. 521.

It is further a designation of the person to whom a bill of exchange or negotiable promissory note is to be paid.

It is also used to designate a rank, class, or division of men; as the order of nobles, order of knights, order of priests, etc.

In French law. The name order (ordre) is given to the operation which has for its object to fix the rank of the preferences claimed by the creditors in the distribution of the price [arising from the sale] of an immovable affected by their liens. Dalloz, mot "0rd.l'e."

—A,greed order. See AGaEED.—-Charging order. The name bestowed, in English piactice. upon an order allowed by St. 1 & 2 Vict. c 110, 5 14, and 3 & 4 Vict. c. 82, to be granted.to a judgment creditor, that the property of a Judgment debtor in government stock, or in the stock of any public company in England, corporate or otherwise, shall (whether standing in his own name or in the name of any person in trust for him) stand charged with the ay- ment of the amount for which judgment s ali have been recovered, with interest. 3 Steph. Comm. 587. 588.—Decx-eta.l order. In chacnery practice. An order made by the court of cliancery, in the nature of a decree, upon a motion or petition. Thompson v. Mcliim, 6 Hat. 5: J. Md. 319; Biseii Carpet Sweeper Ca. V. Goshen Sweeper Co., 72 Fed. 545. 19 O. C. A. 25. An order in a chancery suit made on motion or otherwise not at the regular hearing of a cause, and yet not of an interlocutory nature, hut finally disposing of the cause, so far as a deeree_could then have disposed of it. l\Iozley Whiliey.—-Finn] order. One which either terminates the action itself, or decides some matter litigated by the parties, or operates to divest some right; or one which completely disposes of the subject-matter and the rigb ts of the .n-ties. Hobbs v. Beckwith, 6 Ohio St. 254; ntrop v. Wiliiam:, 11 Minn. 382 (Gil. 276); Struii v. Louisville N. B. Co. (Ky.) 76 S. W. 183 —Genern1 orders. Orders or rules of court, promulgated for the guidance of practitioners and the regulation of procedure in general, or in some general branch of its jurisdiction: as opposed to a rule or an order made in an individual case: the rules of court.—Interlocntory order. “An order which decides not the cause, but only settles some intervening matter relating to it; as when an order is

808

ORDINANCE

made, on a motion in chancery, for the pla:inv.ifl to have an injunction to quiet his possession till the hearing of the cause. , or any such order, not being final. is interlocutory." Tei-mes dc la Ley.-—IVIoney order. See Movi:v.—0rder and disposition of goods and cbalxnia When goods are in the “order and disposition‘ of a bankrupt, they go to his trustee, and have gone so since the time of James I. Wharton. —Order nisi. A provisional or conditions! order, aiiowing a certain time within which to do some required act, on failure of which the order will be mode absolute.--Order of discharge. In England. An order made under "0, by a. court of bank- ruptcy, the effect of which is to discharge ii bankrupt from all dehts. claims, or demands provable under the bankruptcy.—0rder of filiation. An order made by a court or judge having jurisdiction, fixing the paternity of ii bastard child upon a given man, and requiring him to provide for its supporL—0r-der of re- vivor. In English practice. An order as of course for the continuance of an abated unit. It superseded the hill of revivor.—Restral.ning order. In equity practice. An order which may issue upon the ing of an E.p]Jlil'I1- tion for an injunction forbidding the defendant to do the threatsned act until a hearing on the application can be had. ’l"iiou_gh the term is sometimes used as a synonym of “iiijunctioii," a restraining order is properly distinguishable from an injunction, in that the former is intended only as a restraint upon the defendant until the propriety of granting an injunctio

temporary or perpetual, can he determined, an

it does no more than restrain the proceedings until such determination. Wetzstein v. Boston, etc. Min. 00., 25 Mont. 135, 63 Pac 1043'. State v. Lichtenberg. 4 Wash. 407, 30 Pac. 716: Riggins v. Tliompson, 96 Tex. 154, 71 S. W. 14. In English law, the term is speciai- ly applied to an order restraining the Bank of England, or any public company, from allowing any dealing with some stock or shares specified in the order. It is granted on motion or petition. Hunt. Ed. D. 2]6.—S]ieak:ing order. An order which contains matter which is expliinatory or illustrative of the mere direction which is given by it is sometimes thus called. Duif v. Duif. 101 Cal. 1. 35 Pat‘. 437.—Stop order. The meaning of a stop order given to a broker is to wait until the market price of the particular security reaches a specified figure. and then to "stop" the transaction by either selling or buying, as the case may bs, as well as possible. Porter v. Wormser, 94 N. Y. 431.

n tr ta 5 '51 -3 W 5 o r-- >-

ORDERS. The directions as to the course and Purpose of a voyage given by the owner of the vessel to the captain or master. For other meanings. see Oannii.

ORDERS OF '1‘!-LE DAY. Any member of the English house of commons who wishes to propose any question, or to “move the house.” as it is termed, must. in order to give the house due notice of his intention. state the form or nature of his motion on a previous day, and have it entered in a book termed the “order-hook:” and the motions so entered, the house arranges, shall be considered on particular days, and such motions or matters, when the day arrives for their heing considered, are then termed the “orders of the day.” Brown. A similar practice obtains ln the legislative hodles of this country.

ORDINANCE. A rule established hy

authority; a permanent rula of action; I