OXYIIIIIS VERMICTLARIS is the name now assigned by most zoologists to the intes tinal worm described as ascaris (q.v.) vermicalaris, yet it is the original and true asearis. For the mode of recognizing the presence of this worm, and treating patients suffering from its presence, the reader is referred to the articles VERMIFUGES and Wousts.
O'YER (law French, a hearing, from Lat. audire, to hear). When a party to an action supports his claim or defense by a deed, he is obliged to make prafert of the deed, i.e., make averment in his plea that he produces in court the deed alleged. The other party may then demand over of the deed, i.e., hear it read. Under the old system of oral pleadings, the deed was actually brought into court and read by the party pleading it upon demand by the other party. Under the system of written pleadings the deed is not actually brought into court, unless the other party serves a written notice that he demands oyer. The party pleading the deed Must then allow his opponent to see the deed, or give him a copy. The formula for profert was as follows: " One part of which said hfdenture, etc., sealed with the seal of said plaintiff [or defendant], the said plaintiff [or defendant] now brings into court." The object of oyer Is to spread the deed upon the record, and give the opposite party an opportunity of knowing its contents, and availing of them in pleadings. Under the common-law rules of pleading,
the party setting forth a deed need not allege the whole of it, but only such parts as were material to his defense or claim. It was often of great importance to the opposite party to have over of an instrument whose terms he might be unable to learn in any other way. If a party whose duty it is to make profert cannot bring in the deed, he must excuse his failure to do so in his plea; but he must not make profert, for, if he do, over may be demanded and judgment given against the party failing to make oyer. Oyer could be granted only where profert was necessary; and if profert were unnecessarily made, or not made when necessary, over would not be granted. Oyer is not necessary except in the ease of instruments under seal; though an executor or administrator. instituting a suit, must make profert of his letters testamentary or of administration. Oyer was abolished in England in 1852, and the production of instruments is obtained in most of the Ameri can states in other ways, as by an order of a judge to a party calling upon him to allow the opposite party to inspect the instrument, etc.