Page:Black's Law Dictionary (Second Edition).djvu/873

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OVERRULE

In another sense, "overruie" is spoken or the action of a court in refusing to sustain, or recognize as sutficient, an objection made in the course of a triai, as to the introduct.lon of particular evidence, etc

OVERSAMESSA. In old English law A forfeiture t‘or contempt or neglect in not pursuing a malefattor. 3 inst. 110.

OVERSEER. A superintendent or super- visor; a puliiic ol'li'r-er whose duties involve general superintendtuice of routine aifnirs.

—Dvei-seer: of highways. ’1‘he name given, in some of the states, to a board of officers of a‘ city. township, or county, whose special func- [l(\Il is the con.ti'uction and repair of the pub- lI(‘ roads or hi_,vliways.—0verseex-s of the poor. Persons appointed or eiected to take r.-ire of the poor viitb moneys furnished to them by the public authoii ty.

OVERSMAN. In Scotch law. An umpire appointed by a submission to decide where two arbiters have differed in opinion, or he is named by the aibiters themselves, under powers given them by the submission. Bnli

OVERT. Open; manifest; public; issuing in action, as distinguished from that which rests merely in intention or design.

-—Mnr-ket overt. See l\Iani(ET.—Overt act. in criminal l.1W An open, manifest act from wh‘-:h criminaiity may be implied. An opr-n mt, which must be manifestly proved. 3 Inst. I2. An overt act essentiiii to estnbiish an attempt to commit a crime is an act done to carry out the intention, and it must be such as would naturally effect that resuit unless pre- rc ted by some extraneous miise. Peopie V.

ls. 178 N Y. 274. 70 N. E. T80. 67 LA R. A. 131. In reference to the crime of treason, and the provision of the federni constitution that a person shali not be convicted thereof unless on the testimony of two witnesses to the same “overt act." the term means a stop, mollOl.l, or action renily taken in the execution of a treasonnble purpose, as distinguished from mere words, and also from a treasonalile sentiment. design, or purpose not issuing in action.

vert word. An open, plain word, not to be misunderstood. Cowell.

OITERTURE. An opening; a proposal.

OWELTY. Equality This word is used

in law in several compound phrases, as fol-

inws:

1. Oirelly of partition is a sum of money paid by one of two caparceiiers or Co-tenants to the other, when a partition has been et- fected hetzween them, but, the land not being su-I-eiitilile of division into exactly equiii shares. such paynieiit is required to make the portions respectlveiy assigned to them of equal value.

2. in the feudal law, when there is lord, mesne, and tenant, and the tenant holds the means by the same service that the mesne boids over the lord above him. this was caiied "on-elty of services." Tomlins.

3. Oiivclty of c.’."€,lll7ZflE is a sum of money gii en when two persona have exchanged

Bl.Law Dict.(2d Ed.)—52

865

OWNER

lands, by the owner of the iess vniuabie estate to the owner of the more valunbie. to equalize the exchange.

OWING. Something unpaid. A debt, for example, is owing while it is unpaid, and whether it be due or not. Coquard v. Bank of Ixansns City. 12 .\lo. App. 201; l\iussehnan v. Wise, 84 Ind. 248; Jones v. Thomp- son, 1 EL, Bi. 5: E1. 6-}.

OWL!-IRS. In English biw. Persons who carried wooi, etc. to the seaside by night, in order that it might be shipped oif cuntrary to law. Jacob.

OWLING. In Eugilsh law. The olfeiise of traiispoi ting wooi or sheep out of the king- doni; so called from its being usnally carried on in the night 4 Bi Comm. i54.

OWNER. The person in whom is vested the on nership. donimion, or title of propeity; proprietor. Garrer v iiawlieye Ins. 00.. on Iowa. W2. 28 N. W. 5.1.’ Turner v. Cross. 33 Tex. 218, 18 S. W. S 15 L. R. A. .162; Coombs v. People, 198 Iii. 586, 64 N. E. 1056; Atnater v. Spaiduig. S6 Minn. 101, 90 N. W. 370. 91 Am Sl; Rep. 331.

lIi- who has dominion of a thing, reai or orsoniil. corporeiii or ineorporeal, nliich he ‘hi a right to enjoy an-l do nilb as he pleases, eii ~. to spa] or destroy it, as far as the law permit. unless he be prevented by some agreement or covenant which l'(‘Sfl‘»lil]S his right. Bonvier.

—Eqnitab1e owner. One “ho is recognized in equity as the owner of propertv. because the reai and beneficial use and title belong to him, ailbough the bare it-gal titie is vested in an- other_ 9. 0.. a trustee for his bx-ucfit.—Genera.l owner. The general o\vner of a tliin,-z is he wb0 has the primary or rrsidu.-iry title [0 it. as distinguished from a special owner, who has a special interest in the some ibing, amounting to a qualified ownership. such, for example, ns 9. baileefs lien. I-’arnie ' & l\ler-hanics‘ Nat. Bank v. Logan, 74 N. Y. 5 1.—Joint owners. Tiviv or more persons who jointly own and hold t to property, a. 11-. joint tenants.—Lega1 owner. One who is recognized and ]IPld respoii sible by the law as the ouner of property. in a more p-irtlcular sense, one in whom the legal title to real estate is vested, but who holds it in trust for the benefit of another, the latter being called the “equitable” owne Part owners. Joint owners; co-owners, those who have shares of ownership in the same thing, particulai'i_v A vessei.—Repnted owner. He who has the generai credit or reputation of being the owner or proprietor of goods is said to be the reputed owner. See Santa (‘ruz Rock

ar. Co. v. Lvons (Cal.) 4.‘! Pic cm. This phrase is cliit-Hy used in English lJi..lI{l'lI'Dll“' practice, where the bankrupt is styled the “Ft: puted owner" of goods lawfully in his p . « ion, though the real owner may be another 1. rson. The word "reputed" has a much up ‘ yr wnse than its deriietion would appear to n-'=rrn.nt; importing meiiiy a E"]1]’)iisill()n or opinim de- rived or maile up from --ritward ai r..nres, and often I1l uippnrted by fact. The term “repiit-vl ownei" is frequentlv employnri in this sense. 2 Steph. Comm. ‘2l)i5.—Ripiu-inn ownen-. See l':it-AniA.V.—SpecIiil owner-. One who has a spociiii interest in an article of prop- erty amounting: to it qualified owne bip of it, such, for exampie, as a b'iilee's iien: es distin- guisbod from the general owner nho ims the primary or rosiduni-_v title to the same thing.

l:‘rii2.ier 7. State, 18 Tex. App. 4-11.