Page:Black's Law Dictionary (Second Edition).djvu/870

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OSTIUM ECCLESIEE

OSTIUM ECCLESIIE. Lat. In Old English law. The door or porch of the church, where dower was anciently conferred.

0SWALD'S LAW. The law by which was etiected the ejection of married priests, and the introduction of monks into churches. by Oswald. bishop of Worcester, about A. D. 964. Wharton.

0SW.ALD’S LAW HUNDRED. An acnient hundred in Worcestershire, so called from Bishop Oswald, who obtained it from King Edgar, to be given to St. Mary's Church in Worcester. It was exempt from the sheriff's juiisdiction, and comprehends 300 hides of land. (‘anid. Brit.

OTEIB. LA TOUAILLE. In the laws of Oleron. To deny it seai.na_n his mess. Liter- ally, to deny the table-cloth or victuals for three meals.

OTI-IESWORTI-IE. In Saxon law. Oathsworth; oathworthy; worthy or entitled to make oath. Bract. fols. 185, 29212.

0UGH'.l'.- This word, though generally directory only, will he taken as ni.'in(lal:ory if the context requires it. Life Ass'n v. St. Louis County Assessors, 49 M0. 518.

OUNCE. The twelfth part; the twelfth part of a pound troy or the sixteenth part of a pound avolrdupois.

OUNCE LANDS. Certain districts or tracts of lands in the Orkney Islands were formerly so called, because each paid an annual tax of one ounce of silver.

OUZBLOP. The lierwite or fine paid to the lord by the inferior tenant when his daughter was debauched. Cowell.

OUST. To put out; to eject; to remove or deprive; to deprive of the possession or enjoyment of an estate or franchise.

OUSTEB. In practice. A putting out; dispossessiun; amotion of possession. A species of injuries to things ical, by which ‘the wrong-doer gains actual occupation of the land, and compels the rightful owner to seek his legal remedy in order to gain possession, 2 Crabb. Real Prop. p. 10t'»3, 5 2454a. See Ewing v. l3urnet_ 11 Pet. 52, 9 L. Ed. 624; Winterburn v. Chamhers, 91 Cal. 170, 27 Pac. 6' ; l\IcMuliin v. Wooley, 2 Lans. (N. Y.) 306; Mason v. Kellogg, 3S Mich. 143. —Actna.1 ouster. By "actual ouster" is not meant a physical eviction, but a possession attended with such (LlI'(’lll.l'lSlil!1(‘E‘S as to evince a claim of exclusive right and title, and a denial of the right of the other tenants to participate in the profits. Burns v. Byrne, 45 Iowa, 287.

OUSTEIB. LE MAIN. L. Fr. out of the hand. 1. A delivery of lands out of the king's

hands by judgment given in favor of the petitioner in a monstrous de droit.

Literally,

86?.

OUT OF TIME

2. A delivery of the Wl'Ll‘(l'E lands out of the hands of the guardian, on the former ar riving at the proper age, which was twenl. one in males, and sixteen in females. Al: lshed by 12 Car. 11. c. (H. Mozley & Whl ley.

OUSTER LE MEIR. L. Fr. Beyond the sea; 5. cause of excuse if a person, being summoned. did not appear in court. Coi\ciL.

OUT-BOUNDARIES. A term used in early Mexican laud laws to designate certain boundaries within which grants of a smaller tract, which designated such out-houndurles, might he located by the giautee. U. S. v. Maxwell Laud Grant Co., 121 U. S. 325, 1 Sup. Ct 1015, 30 L. Ed. 9-.19.

OUT OF COURT. He who has no legal status in court is said to be ‘out of court,‘ 9'. e., he is not before the court. Thus, when the plaintiff in an action, by some not of omission or commission. shows that he is unable to maintain his action, he is flL‘qlll-.‘l.lL- ly said to put himself “out of court" Brown.

The phrase is also used with referente to agi'ecnients and transactions in regard to a pending suit which are arranged or take place between the parties or their counsel privately and Without being refeired to the judge or court for authorization or approvut Thus, 5. case which is compromised, sellled. and withdrawn by private agreement of the parties, after ite institution, is said to D4 settled “out of court." So attorneys mill malie agreements with reference to the conduct of a suit or the course of proceedings therein; but if these are mnds “out of court,’ that is, not made in open court or with the approval of the judge, it is a general rule that they will not he noticed by the court unless reduced to writing. See Welsh v. Blackwell, 14 N. J. Law, 345.

OUT OF TERM. Ata time whenno term of the court is being held; in the vacation or interval which elapses hetneen terms of the court. See l\lcNeili v. Hodges, 9:) N. C. 248, 6 S. E. 127.

OUT OF THE STATE. In reference to rights, liabilities, or jurisdictions arising out of the common law, this phrase is equivalent to “beyond sea," which see. In other cou- I iiections, it means physically heyond the ter- ll ritorlai limits of the particular state in ques tion, or constructively so, as in the case of a foreign corporation. See Faw v. Roberdeau, 3 Cranch, 177. 2 L. Ed. 402: Foster v. Givens, 67 Fed. 684, 14 C. C. A. 6 J: Meyer v. Roth. 51 Cal. SS2; Yonst v. Willis, 9 Ind.

550: Larson v. Aultman 5: Taylor Co.. 80 Wis ‘:81, 5!‘. N. W 915, 39 Am. St. Rep. 893.

OUT OF TIME. A mercantile phrase applied to a ship or vessel that has been so long at sea as to Justify the hellcf of her total loss.

In another sense, a vessel is said to be