OXGANG (fr. Sax. gang, going, and ox ; Ls,w Lat. bovata). In Old English Law. So much land as an ox could till. Accord ing to some, fifteen acres. Coke, Litt. 69 a; Crompton, Jurisd. 220. According to Bal four, the Scotch oxengang, or oxgate, con tained twelve acres ; but this does not corre spond with ancient charters. See Bell, Diet. Plouglzgate. Skene says thirteen acres. Cowel.
OYER (Lat. auclire; through L. Fr. oyer, to hear.).
In Pleading. A prayer or petition to ths court that the party raay hear read to him the deed, etc. stated in the pleadings of the opposite party, and which deed is by intend ment of Iaw in court when it is pleaded with a profert. The same end is now generally attained by giving a copy of the deed of which oyer is asked, or, in other instances, by setti4 forth the instrument in full in the plaintiff's statement of his case. Oyer as it existed at common law seems to be abolished in England. 1 Bos. & P. 646, n. b ; 3 id. 398 ; 25 Eng. L. & Eq. 304. Oyer rnay be de manded of any specialty or other written instrument, as, bonds of 4,11 sorts, deeds-poll, indentures, letters testamentary and or ad ministration, and the like, which the adverse party is obliged to plead with a profert in curia. But pleading with a profert unneces
sarily does not give a right to demand oyer, 1 Salk. 497 ; and it may not be had except when profert is made. 1 Hempst. Ark. 265. Denial of oyer when it should be granted is ground for error. 1 Blackf. lnd. 126. In such cases the party making the claim should move the court to have it entered on record, which is in the nature of a plea, and the plaintiff may counterplead the right of oyer, or strike out the rest of the pleading follow ing the oyer, and demur, 1 Saund. 9 b, n. 1; Bac. Abr. Pleas, 1 ; upon which the judgment of the court is either that the defendant have oyer, or that he answer without it. Id. ; 2 Lev. 142 ; 6 Mod. 28. See PROFERT IN CURIA.
After craving oyer, the defendant may set forth the deed or a part thereof, or not, at his election, 1 Chitty, Pl. 372, and may after wards plead non est factum, or any other plea, without stating the oyer, 2 Strange, 1241 ; 1 Wils. 97, kind may demur if a mate rial variance appear between the oyer kind declaration. 2 Saund. 366, n.
See, generally, Comyns, Dig. Pleader (P), Abatement (I 22) ; 3 Bouvier, Inst. n. 2890.