OXY WATER. A name sometimes applied to binoxide of hydrogen. [HYDROGEN, Binoxile of.] OYElt AND TERMINER. These words in ancient law French denote a commission forming a court of criminal judicature, the dis tinguishing character of which is described by them. The substance of the commission, or writ, as it was anciently called, is an authority given by the crown to certain persons judicially to hear and determine (oyer et terminer) certain specified offences. The commissions of over and terminer are the most comprehensive of the several commissions which constitute the authority of the judges of assize on the circuits. On these occasions they are usually directed to the lord chancellor, several high officers of state, two judges of the courts of Westminster, the queen's counsel, the serjeants-at-law, and the associates; but (ex cepting on the northern circuit, where all the commissioners but one are of the quorum) the judges, queen's counsel, and serjeants are always of the quorum, so that the other commissioners cannot act without the presence of one of them. Justices of over and terminer have juris diction to inquire into the truth of all treasons, felonies, and mis demeanours committed within the several counties and places to which the commission extends, and also to hear and determine the same on certain days to be appointed by themselves. The issue of such a com mission suspends all others, and hence magistrates cannot proceed under a commission of the peace at the same time. Besides these
ordinary courts of oyer and terminer at the assizes, special commissions of oyer and terminer are sometimes issued where offences of a dangerous tendency have been committed in particular districts, and the public peace and security require immediate inquiry and punish ment. So also special commissions have been sometimes issued where from particular circumstances the incompetency of the ordinary tribunals would occasion a failure of justice. A remarkable instance of this kind occurred when Mr. Dunning, afterwards Lord Ashburton, was recorder of Bristol and sole criminal judge under the charters of the city. A forgery of Mr. Dunning's name to a bill of exchange Laving been committed in Bristol, he refused to try a case in which he was a party interested, and it was therefore necessary to issue a special commission for the purpose of hearing and determining this single offence.
The Central Criminal Court is a court of over and terminer (and jail delivery) for the jurisdiction assigned to it by statute, comprising the metropolis and portions of the adjoining counties. The jurisdiction of the magistrates in quarter sessions is expressly preserved by the statute, for otherwise they could not hold courts at all.