Page:Black's Law Dictionary (Second Edition).djvu/874

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OWNERSHIP

OWNERSHIP. The complete dominion, Li

tie, or proprietary right in a tlitng or claim. See PEOFERTY.

'1‘he ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the

0 thhng of which there may be ownership is

called “property." Civ. Code Cal. § 654.

Ownership is the right by which a thing belongs to some one in particular, to the ex- ciusion of all other persons. Civ. Code La. art. 488.

U“ nciship is divided into perfect and imperfcr-t. 0“ nership is perfect when it is perpetual, and when the thing is unincumbered with any real right towards any other person than the owner. On the contrary, ownership is imperfect when it is to terminate at a. certain time or on a condition, or if the thing which is the nhject of it. being an immovable. is charged with any real right towards a third person; as a usufruct. use, or servitude. When an imniosable is subject to a usufruct, the owner of it is said to possess the naked ownership. Civ. Code L41. art. 490; Maestri v. Board of Assessors, 110 La 517, 34 South 658.

OXFILD. A restitution anciently made by a hundred or county for any wrong dons

hy one that was within the same. Lamb. Arch. 125. OXGAN G. In old English law. As much

land as an or could tlli. Co. Litt. 511. A measure of land of uncertain quantity. In Scotland, it consisted of thirteen acres. Spel- 1111113.

866

OYEZ

0Y1-JR. In old practica. Hearing: the hearing a deed read, which a party sued on I bond, ete., might pray or demand, and it was then read to him by the other party; the entry on the record heing, “et el legtiur in Iiizo uerluz," (and it is read to him in these W0l‘(iS.) Steph. PI. 67, 68; 3 Bl. Comm. 299; 3 Salk. 119.

In modern practice. A com] of a bond or specialty sued upon, given to the opposite party, in lieu of the old practice of reading it.

OYI-JR AND TERMINER. A hail French phrase applied in Englunil to the ussizes, which are so calieii from the cuiniuls sion of over and termincr directed to the judges, empowering them to “lniiiiirc, hear, and iletorn1i‘ne" all treasons, felonies, and misdemeanors. This commission is now issued reguiariy, but was formeriy used only on particular occasions, as upon sudden out- rage or insurrection in any place. In the United States, the higher crimmai courts are miied “courts of oyer and terniiner." Bur-

OYER DE RECORD. A petitiou made in court that the juges, for better pruofs sake, will hear or look upon any record. Gowell.

OYEZ. Hear ye. A word used in courts by the public crier to command attention when a proclamation is about to be made.

Commonly corrupted into “0 yes."