Page:Black's Law Dictionary (Second Edition).djvu/848

Rh

An abbreviation, in the civil law, for "ope corisil-in," (q. 1:.) In American law. these ietters are used as an ahhreviation tor "Oi-phans’ Court."

0. K. A cnnventioiiai symbol, or obscure origin, much used in colliiiierciai practice and occasionally in indorsements on legal documents. signifying "correct," "approved," "n<‘c(‘pted," ':=atisractory," or "assented to." Sec Getchell ii: Martin Lumlier Co. v. Peterson, 124 Iowa, 599. 100 N. W. 550: l\lurgi1nton Mfg (‘o. v. Ohio River. etc., By. Co., 121 N. C :'i14, 28 S. E. 474 61 Am. St. Rep. (US Citizens’ Bank v. For ii, 56 Fed. 570. 6 O. C. A. ‘.24: indianiipolis. D. & W. R. Co. v. Sands, 133 Ind. $3, 32 N. E. 722.

0. N. B. An aiilirevintion for "Old Natnia Breiium." See NA'EUBA BBEVIUM.

0. Ni. It was the course of the English exchcquer, as soon as the slierift entered into rind made up his account for issues, amerciaments, etc., to mark upon each iieid "0. Z\’i'.," which denoted ancmtiu-, irisi Iiabctit aulficienlcin (’.roncralirm(mi., and presently he became the king's debtor, and a tlrlut was set upon his head; whereupon the parties para mile became debtors to the sheriff; and were discharged against the king, etc. 4 Inst. 116: Wharton.

0. S. An abbreviation for "Old Style," or "Old Series."

OATH. An external pledge or assevera- iion, Lllalde in verification of statements made or to be made, coupled with an zippeai to a ancred or venerated object, in evidence of the serious and reverent state of mind of tl.e party, or with an invocation to a su- preme being to witness the words of the party and to visit him with [lllnlslllllellt if they be false. See O'Reili_v v. People. 86 N. Y. 154, 40 Am. Rep. 52:‘): Atwood v. Weiton. 7 i.‘.onn. 70: Clinton v. State. 33 Ohio St. 32; Brock v. Milllgan. 10 Ohio. 123; Biocher \. Biirness, 2 Ala. 354.

A religious assevcration, by which a person renounce: the mercy and imprecates the vengeance of heaven, if he do not speak the truth. 1 Leach. 430.

—iAsiicr-tin-y oath. One relating to a past or present fact or state of facts as distinguished from a "proi-nissory" oath iv I(l.l relates to future conduct: ptirticiilailv, any oath required by lair other than in judicial proceedings and upon induction to office, such, for example, as an on tli to be m.ide at the custom-house rt-l-iiiie to goods lmnorted.—Cox-para]. oath. See Coii« )>oiz.iL.—-Dee-iuory oath. In the civil law. An oiiili which one of the parties defers or refers hack to the other for the decision of the cause —Extx~a_1ud.icis.l orith. One not taken in any judicial proceeding or without tiny authority or requirenii-nit of law, though tiiken forrniiily before B proper person.—Jridieia.1

840

OATH.

oath. One taken in some judicial prncc or in relation to some matter connaaieil judicial procecilings.—-Oath against ery. One which could have been aiimi to a voter at an election for members of moot Aholisheil in 1854. Whiirtoa.—0at ofiloio. The onth by which a clcrqiiinn Q I eil with xi criminal offense was rnriiiciiy ed to swear himself to be inns.-cut: oath by uhlch the compiirgators snare they believed in his ilJi:iu(‘cI1L 3 ill. C 101. 44i, l\fuzli-y & Whitley Oath in lite In the civil law. An oath pcrrr--mid to taken by the plaintiff, for he plIl'[Jim: of mg the value of the sub] -iimiter in veisy. lien there was no other eiltllit that point, or when the defenxliint frauilnl >d evidence which might hart- avii_ £ihle.—~Oath of alle mice. which a person promises and binds i

and to soldiers and ‘so to ziiio-an ‘p ying_ for naturalization, and, tlL‘I‘.Iil(|Ix citizens generally as a pi'erequisite to U ing in the courts or prosecuting claims as-fore gm-ernmp t hiirciius. Q I 1751;, 21 '

, and section

calumny. In the civil L'H\'.

ii plaintitf was obliged to Like that he was no} prompted ‘by malice or trickery in comma

his action, but that he had boiia fiiie ii cause of action. Poth. Pand. lih. 5, tt. 16,, s. 124.—-Oath-rite. The form used at the taking of an onth.—~0fiiciaJ. oath. One tali hy an officer when he assumes charge of his i1_(‘e. ri-livrelly he declares that he will fairhidlf dis(‘l.l£1l"’B the dIl(l(‘S of the same, or whatever else ninv be required by statute in the prirtic r cast-.—Poor debtor’: oath. See that title. —P1-olnissory oaths. Oaths which bind the party to ol serie a certain course of conduct, or to fiiliill icrtiiin dii . in the future, or to demeun iin, if thereafter in a stated iiizinner with reference to specified objects or obliga tions: such, for example, as the oath taken by a 1ll,?,'l.l executive officer, a legislator, a judge. a person seeking naturalization, an attorney at law. Case v. People, 6 Abb. N. C. (.\'. Y.) 1:'il.-—PIirgato:ry oath. Au uath by v.liich a Dnrson :1-urges or clears ‘ self from presump— tions, charges, or susni ons standing against him, or from a contcnipt.—Qualifled oath. One the force of which as on nlhrinntion or denial may he quaiified or modified by the cir- cumstances under which it is I.'iili'cn or which necessarily enter into it and constitute a part of it; especially thus used in Scotch law.-Sol- emu oath. A corporal oath. Jackson v. State, 1 Inrl. Suppletory oath. In the civil and cc(-lesnsticnl law. The testimony nf a single witness to a fact is called half-proof." on which no sentence can he founded; in orilnvr to supply the other half of proof, the party hiiii- self (plaintitf or defendant) is admitted to he examined in his own heiialf, and the oath ad- minister:-d to him for that purpose is c:ii.l~i the "sun1iletory oath." because it supplies the nec- essary quantum of roof on which to found the sentence. 3 Bi. onnn, 370. This term, al- though without application in American law ‘ii its original sense, is sometimes used as a deniz- natjoii or a piirty’s oath rcquircd to be taken in authentication or support of some piece of documentary evidence which he otters, for example, his hooks of account oluntary oath. Such as a person may take in extrnjud i'il matters, and not regularly in a court of justice, | or before an officer invested with authority to administer the same. Brown