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Notary Public Notary
Notary, Notary Public. An Officer Appointed By The Executive Or Other Appoint Ing Power, Under The Laws Of Different States. Notaries Are Of Ancient Origin; They Exist Ed In Rome During The Republic, And Were Called Tab Eitiones Forenses, Or Persona Publi Cw. Their Employment Consisted In The Drawing Up ...

Notice
Notice. The Information Given Of Some Act Done, Or The Interpellation By Which Some Act Is Required To Be Done. Knowl Edge. A Statutory Notice Is Not Binding Unless Giyen As The L,aw Directs Or Allows ; Allen Y. Strickland, 100 N. C. 225, 6 S. E, 780; O'fal Ion ...

Notice Of Dishonor
Notice Of Dishonor. A Notice Given To A Drawer Or Indorser Of A Bill, Or An In Dorser Of A Negotiable Note, By A Subsequent Party, That It. Had Been Dishonored Either By Non-acceptance In The Case Of A Bill, Or By Non-payment In The Case Of An Accepted Bill ...

Notice To Produce Papers
Notice To Produce Papers. When It Is Intended To Give Secondary Evidence Of A Written Instrument Or Paper Which Is In The Possession Of The Opposite Party, It Is, In General, Requisite To Give Him Notice To Pro Duce The Same On The Trial Of The Cause, Be Fore Such ...

Notice To Quit
Notice To Quit. A Request From A Landlord To His Tenant To Quit The Premises Leased, And To Give Possession Of The Same To Him, The Landlord, At A Time Therein Men Tioned. Jackson V. French, 3 Wend. (n. Y.) 337, 20 Am. Dec. 699 ; Den V. Adams, 12 ...

Novati 0
Novati 0 N (from Lat. Novare, Novus, New). The Substitution Of A New Obliga Tion For An Old One, Which Is Thereby Ex Tinguished. A Transaction Whereby A Debtor Is Dis Charged From His Liability To His Original Creditor By Contracting A New Obligation In Favor Of A New Creditor ...

Novellje Constitutiones Novels
Novels, Novellje Constitutiones. In Civil Law. The Name Given To The Consti Tutions Or Laws Of Justinian And His Diate Successors, Which Were Promulgated Soon After The Code Of Justinian. It Appears To Have Been The Intention Of Justin Ian, After The Completion Of The Second And Revised Edition Of ...

Nullity Of Marriage
Nullity Of Marriage. The Requi Sites Of A Valid And Binding Marriatge Have Been Considered In The Article On That Sub Ject. If Any E These Requisites Are Wakting In A Givwcmse, The Rnsirriage Is Either Abso Lut Vuid, Or Voidable At The Election Of One Both Of The Parties. ...

Nunc Pro Tunc
Nunc Pro Tunc (lat. Now For 'then). A Phrase Used To Express That A Thing Is Done At One Time Which Ought To Have Been Per Formed At Another. • A Nunc Pro Tune Entry, Is An Entry Made Now, Of Something Which Was Actually Previ Ously, Done, To Have ...

Nuncupative Will
Nuncupative Will. An Oral Will, De Clared By A Testator In Extrenvis, Or Under Circumstances Considered Equivalent Thereto, Before Witnesses, And Afterwards Reduced To Writing. 4 Kent 576; 2 Bla. Cora. 500; 1 Jarm. Wills, 6th Am. Ed. •78. When A Roan Lieth Languishing For Fear Of Sudden Death, Dareth ...

Oat H
Oat H. An Outward Pledge Given By The Person Taking It That His Attestation Or Prom Ise Is Made Under An Immediate Sense Of His Responsibility To God. Tyler, Oaths 15. The Term Has Been Variously .defined : As, "a Solemn Invocation Of The Vengeance Of The Deity Upon The ...

Oath In Lite M
Oath In Lite M. An Oath Which In The Civil Law Was Deferred To The Complainant As To The Value Of The Thing In Dispute; On Fail Ure Of Other Proof, Particularly When There Was A Fraud On The Part Of The Defendant And He Suppressed Proof In His Possession. ...

Objection
Objection. Where Evidence Is Objeeted To At The Trial, The Nature Of The Objections Must Be Distinctly Stated, Whether An Ex Ception Be Entered On The Record Or Not, And, On Either Moving For A New Trial On Account Of Its Improper Admission, Or On Arguing The Exception, The Counsel ...

Obligatio
Obligatio. In Roman Law. A Legal Bond Which Obliges Us To The Performance Of Something In Accordance With The Law Of The Land. Ortolan, Inst. 2, § 1179. It Corresponded Nearly To Our Word Con Tract. Justinian Says, "obligati° Est Juris Vinculum Quo Necessitate Adstringimur Cujus Solvendce Rei, Se•undum Nostrce ...

Obligation
Obligation (from Lat. Oblige, Ligo, To Bind). A Duty. A Tie Which Binds Us To Pay Or Do Some Thing Agreeably To The Laws And Customs Of The Country In Which The Obligation Is Made. Inst. 3, 14. "the Relation Which Exists Between Two Persons Of Whom One Has A ...

Obligor
Obligor. The Person Who Has Engaged To Perform Some Obligation. La. Code, Art. 3522, No. 12. One Who Makes A Bond. Obligors Are Joint And Several. They Are Joint When They Agree To Pay The Obliga Tion Jointly : And The Survivors Only Are Liable Upon It At Law, But ...

Obscenity
Obscenity. In Criminal Law. • Such In Decency As Is Calculated To Promote The Vio Lation Of The Law And The General Corruption Of Morals. It Is That Form Of Indecency Which Is Calculated To Promote The General Corruption Of Morals. U. S. V. Males, 51 Fed. 41. In All ...

Obsolete
Obsolete. A Term Applied To Laws Which Have Lost Their Efficacy Without Being Repealed. A Positive Statute, Unrepealed, Can Never Be Repealed By Non-user Alone ; Respublica V. County Com'rs, 4 Yeates (pa.) 181; Wright V. Crane, 13 S. & R. (pa.) 447. The Disuse Of A Law Is At ...

Obstructing Justice
Obstructing Justice. The Act By Which Ope Or More Persons Attempts To Pre Vent, Or Do Prevent, The Execution Of Lawful Process. It Applies Also To Obstructing The 'administration Of Justice In Any Way—as By Hindering Witnesses From Appearing. The Officer Must Be Prevented By Actual Violence, Or By Threatened ...

Occupancy
Occupancy. The Taking Possession Of Those Things Corporeal Which Are Without An Owner, With An Intention Of Appropriating Them To One's Own Use. Pothier Defines It To He The Title By Which One Ac .quires Property In A Thing Which Belongs To Nobody, By Taking Possession Of It With Design ...

Of Corporate Meetings
Of Corporate Meetings. It Is Usual For Boards Of Directors Of Corporations To Keep A Regular Record In Writing Of Their Proceed Ings. It Has Been Said That Such A Record Is Essential Either To The Proof Or Validity Of Their Acts And Contracts. Such May Be The Case If ...

Of Process
Of Process. That Part Of The Bill Which Asks That The Defendant May Be Compelled To Appear And Answer The Bill, And Abide The Determination Of The Court Upon The Subject. It Must Contain The Names Of All The Par Ties; 1 P. Wms. 593 ; Brasher's Ex'rs V. Van ...

Of Review
Of Review. One Which Is Brought To Have A Decree Of The Court Reviewed, Al Tered, Or Reversed. It Is Only Brought After Enrollment; 1 Ch. Cas. 54; 3 P. Will. 371; Simpson V. Downs, 6 Rich. Eq. (s. C.) 421; 1 Story, Eq. Pl. § 403 ; And Is ...

Offer
Offer. A Proposal To Do A Thing. An Offer, As An Element Of A Contract, Is A Proposal To Make A Contract. It Must Be Made By The Person Who Is To Make The Prom Ise, And It Must Be Made To The Person To Whom The Promise Is Made. ...

Office
Office. A Right To Exercise A Public Function Or Employment, And To Take The Fees And Emoluments Belonging To It. Shelf. Mortm. 797; Cruise, Dig. Index ; Com. V. Sutherland, 3 S. & R. (pa.) 149. An Office Is A Public Charge Or Employment ; U. S. V. Maurice, 2 ...

Officer
Officer. One Who Is Lawfully Invested With An Office. An Office Is A Public Charge Or Employ Ment; And One Who Performs The Duties Of An Office Is An Officer. Marshall, C. J., In U. S. V. Maurice, 2 Brock. 102, Fed. Cas. No. 15,747. Executive Officers Are Those Whose ...

Offspring
Offspring. The Word Offspring In Its Proper And Natural Sense Extends To Any De Gree Of Lineal Descendants And Has The Same Meaning As Issue. 32 L. J. Ch. 373. Can Union. Massachusetts, Connecticut And Virginia Claimed, Under Their Respective Charters, The Territory Lying Northwest Of The River Ohio. At ...

Open Court
Open Court. A Court Formally Opened And Engaged In The Transaction Of All Judi Cial Functions. Hobart V. Hobart, 45 Ia. 501. A Court To Which All Persons Have Free Ac Cess As Spectators While They Conduct Them Selves In An Orderly Manner. The Term Is Used In The First ...

Opening And Closing
Opening And Closing. After The Evi Dence Is All In, The Plaintiff Has The Privilege Of The Opening And Closing Or Summing Up Speeches To The Jury ; In The Closing Address He Should Confine Himself To A Reply To De Fendant's Speech. It Seems Doubtful Wheth Er It Is ...

Operating Expenses
Operating Expenses. They Are, Broadly Speaking, Those Which It Is Reasona Bly Necessary To Incur For The Purpose Of Keeping Up A Railroad (to Which The Term Is Commonly Applied) As A Going Concern, Or, As It Is Sometimes Expressed, Those Which Conduce To The Conservation Of The Property. Short, ...

Operating Expenses Receivers
Operating Expenses; Receivers. Taxes Are Prior In Lien To All Other Liens Except Judicial Costs ; Georgia V. R. Co., 3 Woods 434, Fed. Cas. No. 5,351; Central Trust Co. V. R. Co., 110 N. Y. 250, 18 N. E. 92, 1 L. R. A. 260 ; New Jersey Southern ...

Operation And Effects
Operation And Effects. The Judgment Of A Court Of General Jurisdiction Is Presumed To Have Been Rendered In The Due Exercise Of That Jurisdiction Over Person And Subject Matter, Unless The Contrary Be Shown ; Cal Houn V. Ross, 60 Ill. App. 309 ; And After Twenty Years The Presumption ...

Opinion
Opinion. In Evidence. An Inference Or Conclusion Drawn By A Witness As Distin Guished From Facts Known To Him As Facts. It Is The Province Of The Jury To Draw In Ferences And Conclusions; And If Witnesses Were In General Allowed To Testify What They Believe As Well As What ...

Opinion Of Judges
Opinion Of Judges. The Federal Judi Ciary Can Be Called Upon Only To Decide Con Troversies Brought Before Them In Legal Form. The Constitution Of Massachusetts Au Thorizes Each Branch Of The Legislature And The Governor And Council To Call On The Su Preme Court Justices For Opinions "upon Im ...

Option
Option. Choice; Election. A Contract By Which A, In Consideration Of The Payment Of A Certain Sum To B, Acquires The Privilege Of Buying From Or Selling To B, Specified Securities Or Property At A Fixed Price Within A Certain Time. Story V. Salo Mon, 71 N. Y. 420; Harris ...

Opus Manificium
Opus Manificium (from Lat. Opus, Work, Mamas, Hand). Manual Labor. Fleta, 1. 2, C. 48, § 3. 0 R. A Disjunctive Particle. As A Particle, Or Is Often Construed And, And And Construed Or, To Further The Intent Of The Parties, In Legacies, Devises, Deeds, Bonds, And Writings; Watkins V. ...

Or D Eal
Or D Eal. An Ancient Superstitious Mode Of Trial. When In A Criminal Case The Accused Was Arraigned, He Might Select The Mode Of Trial Either By God And His Country, That Is, By Jury, Or By God Only, That Is, By Ordeal. The Trial By Ordeal Was Either By ...

Ordinance
Ordinance. The Principles Upon Which Rest The Right To Enact Penal Ordinances Are Thus Stated : (1) Unless Forbidden By The Constitution, The Legislature Can Clothe Municipal Govern Ment With Power To Prohibit And Punish Any Act Made Penal By The State Laws,' When Done Within The Municipal Limits. (2) ...

Oregon
Oregon. One Of The Pacific Coast States Of The American Union, And The Thirty-third State Admitted Therein. The Territory Called Oregon From The Early Name, Of Its Principal River—now Called The Columbia— Originally Included All The Country On The Pacific Coast West Of The Rocky Mountains, And North Of The ...

Origin And History
Origin And History. The Courts Of Equi Ty May Be Said To Have Their Origin As Far Back As The Aula Or Curia Regis, The Great Court In Which The King Administered Justice In Person, Assisted By His Counsellors. Of The Officers Of This Court, The Chancellor Was One Of ...

Original Entry
Original Entry. A Full Opinion Laid Down Some General Rules In Relation To The Use Of The Ballots As Evideuce In An Election Contest, Which Present The Law In That Regard In A Very Terse And Lucid Form. It Holds (1) That One Who Has Received A Certificate Of Election ...

Original Package
Original Package. The Casing In Which Imported Merchandise Is Kept And Handled In Course Of Transportation, Whether Hogsheads, Bales, Bottles, Or Boxes. The Package Delivered By The Shipper To The Carrier At The Initial Point Of Shipment In The Exact Condition In Which It Was Ship Ped. In The Case ...

Other Actions
Other Actions. False Imprisonment. In An Action• Against An Individual For Causing The, Plaintiff To Be Taken Into Custody On A .charge Of Felony, Evidgnce Affording Reason Able And, Probable Cause Of Suspicion Of The Defendant's Guilt Is Admissible In Mitigation Of Damages ; Rogers V. Toliver, 139 Ga. 281, ...

Other Equitable Liens
Other Equitable Liens. In A Case Analogous To The Vendor's Lien, Where Money Has Been Paid Prematurely Before Conveyance Made, The Purchaser And His Representatives Have A Lien ; 3 Y. & J. 264; 11 Price 58 ; 1 P. Wms. 278. So Where The Purchase Money Has Been Deposited ...

Ouster L
Ouster (l. Fr. Outre, Oultre; Lat. Ultra, Beyond). Out ; Beyond; Besides; Farther ; Also; Over And More. Le Ouster, The Upper Most.. Over: Respondeat Ouster, Let Him An Swer Over. Britton, C. 29. Ouster Le Mer, Over The Sea. Jacob, L. Dict. Ouster Eit, He Went Away. 6 Co. ...

Outlaw
Outlaw. In English Law. One Who Is Put Out Of The Protection Or Aid Of The Law. 22 Viper, Abr. 316; 1 Phill. Ev. Index; Bacon Abr. Outlawry; 2 Sell. Pr. 277; Doctr. Plac. 331; 3 Bla. Corn. 283, 284. As Used In The Alabama Act Of December 28, 1868, ...

Overdra W
Overdra W. To Draw Bills Or Checks Upon An Individual, Bank, Or Other Corpora Tion, For A Greater Amount Of Funds Than The Party Who Draws Is Entitled To. See State V. Jackson, 21 S. D. 494, 113 N. W. 880, 16 Ann. Cas. 87. When A Person Has Overdrawn ...

Overissue
Overissue. Bonds. Where There Is An Agreement That A Railroad Company Shall Is Sue Only A Fixed Number Of Bonds Per Mile, Bonds Issued In Excess Of The Limit Will Be Postponed In Lien And Payment To Those With In The Limit; Mcmurray V. Moran, 134 U. S. 159, 10 ...

Owner
Owner. He Who Has Dominion Of A Thing, Real Or Personal, Corporeal Or Incor Poreal, Which He Has A Right To Enjoy And Do With As He Pleases,—even To Spoil Or De Stroy It, As Far As The Law Permits, Unless He Be Prevented By Some Agreement Or Cove Nant ...

Oyster
Oyster. The Right To Take Shell Fish Be Low High Water Mark From Natural Beds In Tide Waters Is Common To All Citizens Of The State, Except As Restrained By Positive Law Or Grants From The State ; Brown V. De Groff, 50 N. J. L. 409, 14 Atl. 219, ...

Panama Canal
Panama Canal. The Act Of June 28, 1902, Authorized (section 1) The Purchase Of The French Panama Canal Company And (section 2) The Acquisition From The Repub Lic Of Colombia Of The Perpetual Control Of A Strip Of Land Not Less Than Six Miles In Width, Extending From The Caribbean ...

Pandects
Pandects. In Civil Law. The Name Of An Abridgment Or Compilation Of The Civil Law, Made By Tribonian And Others, By Order 3f The Emperor Justinian, And To Which He Gave The Force Of Law, A. D. 533. It Is Also Known By The Name Of The Digest, Be Cause ...

Paranoia
Paranoia. A Form Of Insanity Which Comes Under The Class Of Degenerative Dis Eases. The Main Fundamental Characteristic Of This Disease Is A Delusion Which Has Be Come A Part Of The Belief Of The Individual, And Which He Believes Himself Able To Ex Plain And Defend. 3 Witth. & ...

Paraphernalia
Paraphernalia. Apparel And Orna Ments Of A Wife, Suitable To Her Rank And Degree. 2 Bla. Corn. 435. Those Goods Which A Wife Could Bequeath By Her Testament. 2 Poll. & Maitl. 427. It Is Property Brought To The Marriage By One Of The Spouses. There Can Be No Such ...

Pardo N
Pardo N. An Act Of Grace, Usually Pro Ceeding From The Power Intrusted With The Execution Of The Laws, Which Exempts The In Dividual On Whom It Is Bestowed From The Punishment Which The Law Inflicts For A Crime He Has Committed. U. S. V. Wilson, 7 Pet. (u. S.) ...

Parent And Child
Parent And Child. Liabitity Of Ei Ther For Support Of The Other. In England, By 43 Eliz. C. 2, The Father And Mother, Grandfather And Grandmother Of Poor, Old, Blind, And Impotent Persons Are Obliged To Furnish Them With Necessaries, *if Of Suffi Cient Ability. But Not After Majority ; ...

Or Breach Prison Breaking
Prison Breaking, Or Breach. The Act By Which A Prisoner, By Force And Vio Lence, Escapes From A Place Where He Is Law Fully In Custody. This Is An Offence At Com Mon Law. This Offence Is To- Be Distinguished From Rescue (q. V.), Which Is A Deliverance Of A ...

Or Chancery Courtof
Court Of Chancery, Or Chancery. A Court Formerly Existing In England And Still Existing In Several Of The United States, Which Possesses An Extensive Equity Jurisdic Tion. The Name Is Said By Some To Be Derived From That Of The Chief Judge, Who Is Called A Chancellor; Oth Ers Derive ...

Or Freomortel Frodmortel
Frodmortel, Or Freomortel. An Immunity For Committing Manslaughter. Mon. Alla T. 1. 173. F R 0 M. The Legal Effect Of This Word Has Been A Fruitful Subject Of Judicial Discussion Resulting In A Great Diversity Of Construction Of The Word As Used With Respect To Both Time And Place. ...

Or Multiplicity Of Actions
Multiplicity Of Actions, Or Numerous And Unnecessary At Tempts To Litigate The Same Right. For Such Cases Equity Provides A Proceeding Called A Bill Of Peace, Q. V., And A Court Of Common Law May Grant A Rule For The Consolidation Of Different Actions ; L. R. 2 Ch. 8 ...