Page:Black's Law Dictionary (Second Edition).djvu/874

Rh The complete dominion, title, or proprietary right in a thing or claim. See.

The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called "property." Civ. Code Cal. § 654.

Ownership is the right by which a thing belongs to some one in particular, to the exclusion of all other persons. Civ. Code La. art. 488.

Ownership is divided into perfect and imperfect. Ownership is perfect when it is perpetual, and when the thing is unincumbered with any real right towards any other person than the owner. On the contrary, ownership is imperfect when it is to terminate at a certain time or on a condition, or if the thing which is the object of it being an immovable, is charged with any real right towards a third person; as a usufruct, use, or servitude. When an immovable is subject to a usufruct, the owner of it is said to possess the naked ownership. Civ. Code La. art. 490; Maestri v. Board of Assessors, 110 La 517, 34 South 658.

A restitution anciently made by a hundred or county for any wrong done by one that was within the same. Lamb. Arch. 125.

In old English law. As much land as an ox could till. Co. Litt. 5a. A measure of land of uncertain quantity. In Scotland, it consisted of thirteen acres. Spelman.

In old practice. Hearing; the hearing a deed read, which a party sued on a bond, etc., might pray or demand, and it was then read to him by the other party; the entry on the record being, "et ei legitur in hæo verba," (and it is read to him in these words.) Steph. Pl. 67, 68; 3 Bl. Comm. 299; 3 Salk. 119.

In modern practice. A copy of a bond or specialty sued upon, given to the opposite party, in lieu of the old practice of reading it.

A half French phrase applied in English to the assizes, which are so called from the commission of oyer and terminer directed to the judges, empowering them to "inquire, hear, and determine" all treasons, felonies, and misdemeanors. This commission is now issued regularly, but was formerly used only on particular occasions, as upon sudden outrage or insurrection in any place. In the United States, the higher criminal courts are called "courts of oyer and terminer." Burrill.

A petition made in court that the judges, for better proof's sake, will hear or look upon any record. Cowell.

Hear ye. A word used in courts by the public crier to command attention when a proclamation is about to be made. Commonly corrupted into "O yes."