Page:Black's Law Dictionary (Second Edition).djvu/867

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ORDINANCE 8 law or statute. In a more limited sense, the term is used to designate the enactments of the legislative body of a xnunicipal corpora-


tion. 0 wens‘ Gas Co. v. Elwood, 114 Ind. 3512 lli E. 624; State v. Swindell. 146 ind. 5'27, 3 N. E. 700, 58 Am St. Rep. 375',

Bills v. Goshen, 117 Ind. 221. 20 N. E. 115, 3 1. R. A. 261; State v. Lee, 29 Minn. 445, 13 N. W. 913.

strictly, a biil or law which might stand with the old law, and did not alter any statute in tone at the time, and which hecame complete by the royal assent on the parliament roll, without any entry on the statute rolL A bill or law ahich might at any time be amended by the Diil'lilllJ]1'iJl.', without any stnt-utc. II'1le, Coin. Law. An ordinance was officrwise distinguish- cd from a statute by the circumstance that the latter required the threefold assent of king, lords, and commons, vihile an ordinance might be ordained by one or two or these constituent bodics. Sec 4 Inst. 25.

The name has also been given to certain enactments, more general in their character than or(linary statutes, and serving as organic laws. yet not exactly to be called “consiltuitions." Such was the “Ordinance for the government of the Nortli-West Territory." enacted by congress in 1751'

ORDINANCE OF THE FOREST. In English law. A stntutc made touching mutters and causes of the forest 33 & 34 Edw. I.

ORDINANDI LEX. Lat. The law of procedure, as distinguished from the sub- stantial part of the law.

Ordinarius lea. dieitnr qnia haliet ordimn-in.m jnrisdictionem, in Jun: pro- prio, et non prupter delintationem. C0. Litt 96. The ordinary is so called because he has an ordinary jurisdiction in his own right, and not a deputed one.

ORDINARY, 11.. At common law. One who has exempt and immediate jurisdiction in causes ecclesiastical. Also a bishop; and an archbishop is the ordinary of the “hole province, to visit and receive appeals from inferior jurisdictions. Also a commissary or official of a bishop or other ecciesl- nsticnl judge having judicial power; an archdeacon; officer of the royal household. Wharton.

In American law. A Judicial officer, in several of the states. clothed by statute with powers in regard to wills, probate, administration, guardianship, etc.

In Scotch law. A single judge of the court of session, who decides with or without a jury, as the case may be. Brande.

In the civil law. A judge who has authority to take cognizance of-causes in his ovrn right, and not by deputation. Murder: v. Heath, 1 Mill, Coust. (S. C.) 269. -Ordinary of Newgate. The clergyman who is attendant upon condemned malefactors

in that prison to prepare them for death; e

u)

9 ORDIN ES

records the behavior of such persons. Formeriy it was the custom of the ordinary to publish a small pamphlet upon the execution of any remarkable criminal. hal'ton.—0x'dlns.1‘y ol assize and sessions. In old English law. A. deputy of the bishop of the diocese, anciently appointed to give mnlefnctoi-s their neck-verses, and judge whether they read or not: also to perform divine services for them, and assist in preparing them for death. Wharton.

ORDINARY, adj. Regular; usual; com- mon; not characterized by peculiar or un- usuni circumstances; belonging to, exercised hy, or characteristic of, the normal or aver- age individual. See Zulich v. Bowman, 42 Pa 83; Chicago & A. R. Co. v. House, 172 IlL 601, 50 N. E. 151; Jones v. Angel], 95 Ind. 876.

-Ordinary conveyances. Those deeds of transfer which are cntcred into between two or more persons, without an assurance in a supe- rior court of justice. Whnrton.—Ordinary course of business. The transaction of busi- ness according to the usages and customs of the coinmermal worid generally or of the particulnr community or (in some cases) of the particular individual whose acts are under consideration. See Bison v. Knapp, 20 Fed Cos. 835: Christionson v. Farmers‘ “firehouse .-\as'n. 5 N. D. 438. 67 N. W. 300. 32 L. R. A. 1'30: In re Dihblee. 7 Fed. Cos. 6"A.—-01-- dinnry repairs. Such as are necessary to make good the usual wear and tear or natural and unavoidable decay and keep the pi-opeity in good condition See Abel! v. Brndv. 7 lild. 94. 28 At]. 817; Brenn v. Troy. 60 Bnrh. (‘\l. Y.) 421: Clark Civil Tp. v. Brookshire. 114 Ind. 437, 16 N. E. 13 .—0rd.ina.r-y seaman. siiiior who is capable of performing the ordinary or routine duties of a seanmll, but who is not yet so proficient in the knowledge and practice of all the various duties of a sailor nt sea as to be rated as an “able" seama_n.—0rd.ina.- ry skill in an art. means that degree of skill which men engaged in that particular art usu- ally employ; not that which belongs to a few men only, of extraordinary endowments and co- pacities. Baltimore Baseball (‘lnh Co. v. Pick- ett, 78 Md. 3733. 28 Atl. 279. 22 L. R. A. (390. 44 Am. St. Rep. 304: Waugh v. Shunk, 20 Pa. 130.

As to ordinary “Csre," “Dill.gence," "Negllgence," see those titles,

ORDINATION is the ceremony by which ii bishop confers on a person the privileges and powers necessary for the execution of sacerdotnl functions in the church. Phlllhn. Ecc. Law. 110.

ORDINATIONE CONTRA SERVIEN- TBS. A writ that lay against a servant for leaving his master contrary to the ordinance of St. 23 & 24 Edw. III. Reg. Orig. 189.

ORDINATUM EST. In old practice. It is ordered. The initial words of rules of court when entered in Latin.

Ordine placitnndi servntu, servatur et jna. When the order of pleading is ob- served, the law also is ohserved. Co. Litt 303a; Broom, Max. 188.

ORDINI-is. A general chapter or other

solemn convention of the religious of a particular order.