Page:Black's Law Dictionary (Second Edition).djvu/869

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


ORIGINAL

and size as is used by producers or shippers for the purpose of securing both convenience in lnulllug and securily in transporation of mer- QM-llse between dealers in the ordinary course M’ an in il commerce. Austin v. Tennessee. 179

3 2] Sup. Ct. 132 45 L. Ed. 2 ' ate, -12 ‘\‘eb. 556. (50 l\‘. W. 962. L Rep. 718' State v. Winters. 44 1, 10 L. R. A. (316.- 0 jun] process. . Pson-‘ss.—Origin_al writ. SecW'l1r'r.—Siugleurigina.1. An ongmnl 1n~'Iunul.It wlncb is executed singly, and not in Lluplit-ate.

ORIGINALIA. In English law. Transcripts sent to the remcnnbrnncer's oiiice in the exchequer out of tho chancery. (listinmushed from recordll, which contain the jndgmqzts and pleadings in actions tried be- iore the l-aruns.

Origine prop:-is. neminem posse vo- Inntate sns. eximi mnuifestum eat. It is evident that no one is able of his own pleas- ure. to do away with his proper origin Code 10. 59. 4; Broom, Max. 1'7.

Origo rei lnspiei debet. The origin of a thing ought to be rcgarnied. ('0 Lin _'4\‘I..

ORNEST. In Old English law. The trial by battle, which does not seem to have been I:Is‘ll.1l in England before the time of the (‘onquc1'or. though originating in the king- doms of the north, where it was practiced unnier the name of “h,olmg|mg." from the custom of lighting duels on a small island or lzolm. Wharton.

ORPI-IAN. Any person (hut particularly a minor or infant) who has lost hoth (or one) of his or her parents. More particular- ly. a futherless child. Soohan v. Pi1iiadsl- phla, 38 Pa. 24; Poston v. Young. 7 J. J. Marsh. (Ky.) 501; Chicago Guaranty Fund Life Soc. v. Wheeler. 79 Ill. App. 241; Stew- art v. Morrison. 38 Miss. 419; Downing v. Shoenberger, 9 Watts (Pa.) 299.

ORPHANAGE PART. That portion of an intcstate's effects which his children were entitled to by the custom of London. This custom appears to have been :1 rem.unnI' of what was once a general law all over England, namely. that a father should not hy his will hequeath the entirety of his personal estate away from his family, but should leave them a third part at least, called the "children's part." corresponding to the “ban-us‘ part" or legifim of Scotch law, and also (although not in amount) to the legltima quarto of Roman law. (Inst. 2. 18.) This custom of London was abolished by St. 19 & 20 Vict. c. 9-1. Brown.

OBPKANOTROPHI. In the civil law. Managers of houses for orphans.

0RPHANS' COITRT. In American law. Courts of probate jurisdiction, in Deiaware. Maryland, New Jersey, and Pennsylvania.

861

OSTIA REGNI

DRTELLI. Kltch.

The claws of a dog's foot.

ORTOLAGIIIIVI. A garden plot or hortliage.

ORWIGE, SINE WITH. In old iish law. Without war or feud, such security being provided by the laws, for homicides under certain circumstances. against the fa-Jith, or deadly feud. on the part of tin; family of the slain Anc. Inst. Eng.

OSTENDIT VOBIS. ing. Shows to you. which a dem:1nd.1nt began his count. lib. 5. C. 38, § 2.

Lot. In old plead- Formnl words with Ii‘leta.

OSTENSIBLE AGENCY. An implied or presumpthe agency, which exists where one. either intentionally or from want of ordinary care, induces another to believe that :1 third person is his agent. though he never in f,'1Ct employed him. Bibb v. Bancrolt ((‘al.) 22 Pac. 484: First Nat. Bank v. Elevator Co.. 11 N. D. 280, 91 N. W. 437.

OSTENSIBLE PARTNER. A partner Whose name is made known and appears to the world as a partner, and who is in reality such. Story. I-‘arm. 5 80.

OSTENSIO. A tax auciently paid by merchants. etc., for leave to show or expose their goods for sale in mnrhets. Du Cange.

OSTENTUM. Lat. In the civil law. A monstrous or prodigious birth. Dig. 50. 16.

OSTEOPATHY. A method or system of treating various diseases of the human body without the use of drugs, by manipulation applied to various nerve centers, rubbing. pulling, and kneading parts of the body, flexing and manipulating the limbs, and the mechanical readjustment of any hones, muscles, or ligaments not in the normal position. with a view to removing the cause of the disorder and aiding the restorative force of nature in cases where the trouble originated in mispiacement of parts. irregular nerve action, or defective circulation. Whether the practice of osteopathy is “practice of medicine," and whether a school of osteoputhy is a “medical college." within the meaning of statutes, the courts have not determined. See Little v. State. 60 Neb. 749. 84 N W. 248. 51 L. R A. 711'; Nelson v. State Board of Health. 10S Ky. 769. 57 S. W. 501. 50 L. R. A. 383; State v. Liffring. 61 Ohio St. 39. 55 N. E. 168. 76 Au). St. Rep. 358: Parks v. State. 159 Ind. 211. 64 N. E. 8h- 59 L. R A. 190.

OSTIA REGNI. Lat. Gates of the king- dom. The ports of the kingdom of England are so called by Sir Matthew Hale. D1

Jure Mar. pt 2, c. 3.