Legal Term Dictionary

A collection of Spanish law promulgated by the Cortes in the year 1348. Schm. Civil Law, Introd. 75.

A collection of Spanish law promulgated by the Cortes in the year 1348. Schm. Civil Law, Introd. 75. Less...

In a general sense. A mandate, precept; a command or direction authoritatively given; a rule or regulation. The distinction between "order" and "requisition" is that the first is a mandatory act, the latter a request. Mills v. Martin,. 19 Johns. (N. Y.) 7. In practice. Every direction of a court More...

In a general sense. A mandate, precept; a command or direction authoritatively given; a rule or regulation. The distinction between "order" and "requisition" is that the first is a mandatory act, the latter a request. Mills v. Martin,. 19 Johns. (N. Y.) 7. In practice. Every direction of a court or judge made or entered in writing, and not included in a judgment is denominated an "order." An application for an order is a motion. Code Civ. Proc Cal. | 1003; Code N. Y. ( 400. Orders are also issued by subordinate legislative authorities. Such are the English orders in council, or orders issued by the privy council in the name of the king, either in' exercise of the royal prerogative or in pursuance of an act of parliament. The rules of court under the judicature act are grouped together in the form of orders, each order dealing with a particular subject-matter. Sweet. An order Is also an informal bill of ex* change or letter of request whereby the party to whom it is addressed is directed to pay or deliver to a person therein named the whole or part of a fund or other property of the-person making the order, and which is in the possession of the drawee. See Carr v. Summerfleld, 47 W. Va. 155, 34 S. E. 804; People v. Smith, 112 Mich. 192, 70 N. W. 466, 67 Am. St Rep. 392; State v. Nevins, 23 Vt 521. It is further a designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. It is also used to designate a rank, class, or division of men; as the order of nobles, order of knights, order of priests, etc. Ia French, law. The name order (ordre) is given to the operation which has for its object to fix the rank of the preferences claimed by the creditors in the distribution .of the price [arising from the sale] of an immovable affected by their liens. Dalloz, mot "Ordre." -Agreed order. See AOBKED.-Charging order. The name bestowed, in English practice, upon an order allowed by St 1 & 2 Vict c. 110, S 14, and 3 & 4 Vict, c 82, to be granted to a judgment creditor, that the property of a judgment debtor in government stock, or in the stock of any public company in England, corporate or otherwise, shall (whether standing in his own name or in the name of any person in trust for him) stand charged with the payment of the amount for which judgment shall have been recovered, with interest, 3 Steph. Comm. 587, 588.-Decretal order. In chancery practice. An order made by the court of chancery, in the nature of a decree, upon a motion or petition. Thompson v. McKim, 6 Har. ft J. Md. 319; Bissell Carpet Sweeper Co. v. Goshen Sweeper Co., 72 Fed. 545, 19 C. C. A. 25. An order in a chancery suit made on motion or otherwise not at the regular hearing of a cause, and yet not of an interlocutory nature, but finally disposing of the cause, so far as a decree could then have disposed of it. Mozley ft Whitley.-Pinal order. One which either terminates the action itself, or decides some matter litigated by the parties, or operates to divest some right; or one which completely disposes of the subject-matter and the rights of the parties. HOKKM v. Beckwith, 6 Ohio St. 254; Entrop Williams, 11 Minn. 882 (Gil. 276); Stroll v. Louisville & N. R. Co. (Ky.) 76 S. W. 183.-General orders. Orders or rules of court, promulgated for the 'guidance of practitioners and the regulation of procedure in general, or in some general branch of its jurisdiction; as opposed to a rule or an order made in an individual case; the rules of court.-In* terloontory order. "An order which decides not the cause, but only settles some intervening matter relating to it; as when an order is made, on a motion in chancery, for the plaintiff to have an injunction to quiet his possession till the hearing of the cause. This or any such order, not being final, is interlocutory." Termes de laLev.-Money order. See MONET.-Or* der and disposition of goods and chattels. When goods' are in the "order and disposition" of a bankrupt, they go to his trustee, and have gone so since the time of James I. Wharton. -Order nisi. A provisional or conditional order, allowing a certain time within which to do some required act, on failure of which, the order will be made absolute.-Order of discharge. In England. An order made under the bankruptcy act of 1869. by a court of bankruptcy, the effect of which is to discharge a bankrupt from all debts, claims, or demands provable under the bankruptcy.-Order of fll-rtion. An order made by a court or judge having jurisdiction, fixing the paternity of a bastard child upon a given man, and requiring him to. provide for its support-Order of revivor. In English practice. An order as of course for the continuance of an abated suit It superseded the bill of' revivor.-Restraining order. In equity practice.' An order which may issue upon the filing of an application for an injunction forbidding the defendant to do the threatened act until a hearing on the application can be had. Though the term is sometimes used as a synonym of "injunction," a restraining order is properly distinguishable from an injunction, in that the former is intended only as a restraint upon the defendant until the propriety of granting an injunction, temporary or perpetual, can be determined, and It does no more than restrain the proceedings until such determination. Wetsstein v. Boston, etc., Min. Co., 25 Mont 135, 63 Pac. 1043; State v. Lichtenberg, 4 Wash. 407, 30 Pac 716; Riggins v. Thompson, 98 Tex. 154, 71 B. W. 14. In English law, the term is specially applied to an order restraining the Bank of England, or any public company, from allowing any dealing with some stock or shares specified in the order. It is granted on motion or petition. Hunt Eq. p. 216.-Speaking order. An order which contains matter which is explanatory or illustrative of the mere direction which is given by it is sometimes thus called. Duff v. Duff, 101 Cal. 1,35 Pac. 437.-Stop order. The meaning of a stop order given to a broker is to wait until the' market price of the particular security reaches a specified figure, and then to "stop" the transaction by either selling or buying, as the case may be, as well as possible. Porter v. Wormser, 94 N. Y. 431. Less...

The directions as to the course and purpose of a voyage given by the owner of the vessel to the captain or master. For other meanings, see ORDEB.

The directions as to the course and purpose of a voyage given by the owner of the vessel to the captain or master. For other meanings, see ORDEB. Less...

Any member of the English house of commons who wishes to propose any question, or to "move the house," as It is termed, must, in order to give the house due notice of his intention, state the form or nature of his motion on' a previous day, and have it More...

Any member of the English house of commons who wishes to propose any question, or to "move the house," as It is termed, must, in order to give the house due notice of his intention, state the form or nature of his motion on' a previous day, and have it entered in a book termed the "order-book;" and the motions .so entered, the house arranges, shall be considered on particular days, and such motions pr matters, when the day arrives for their being considered, are then termed the "orders of the day." Brown. A similar practice obtains in the legislative bodies of this country. Less...

A rule established by authority; a permanent rule of action; a law or statute. In a more limited sense, the term Is used to designate the enactments of the legislative body of a municipal corporation, Citizens' Gas Co. v. Elwood, 114 Ind. 382, 16 N. E. 624; State v. Swindell, More...

A rule established by authority; a permanent rule of action; a law or statute. In a more limited sense, the term Is used to designate the enactments of the legislative body of a municipal corporation, Citizens' Gas Co. v. Elwood, 114 Ind. 382, 16 N. E. 624; State v. Swindell, 146 Ind. 527, 45 N. E. 700, 58 Am. St Rep. 375; Bills v. Goshen, 117 Ind. 22i, 20 N. E. 115, 3 L R, A. 261; State v. Lee, 29 Minn. 445, 18 N. W. 913. Strictly, a bill or law which might stand with the old law, and did not alter any statute in force at the time, and which became complete by the royal assent on the parliament roll, .without any entry on the statute roll. A bill or law which might at any time be amended by the parliament, without any statute. Hale, Com. Law. An ordinance was otherwise distinguished from a statute by the circumstance that the latter required the threefold assent of king, lords, and commons, while an ordinance might be ordained by ope or two of. these constituent bodies. See 4 Inst. 25. The name has also been given to certain oenactments, more general in their character than ordinary statutes, and serving as organic laws*, yet not exactly to be called "constitutions." Such was the "Ordinance for the government of the North-West Territory," enacted by congress in 1787. Less...

In English law. A statute made, touching matters and causes of the forest, 33 & 84 Edw.

In English law. A statute made, touching matters and causes of the forest, 33 & 84 Edw. Less...

Lat The law of procedure, as distinguished from the substantial part of the law. Ordinarlns ita dieitar quia habet or-dinar!am jnrisdietionem, ia jure proprio, et non propter depntationent. Co. Litt 96. The ordinary is so called because he has an ordinary jurisdiction in his own right, and not a deputed More...

Lat The law of procedure, as distinguished from the substantial part of the law. Ordinarlns ita dieitar quia habet or-dinar!am jnrisdietionem, ia jure proprio, et non propter depntationent. Co. Litt 96. The ordinary is so called because he has an ordinary jurisdiction in his own right, and not a deputed one. Less...

n. At common law. One who has exempt and immediate jurisdiction In causes ecclesiastical. Also a bishop; and an archbishop is the ordinary of the whole province, to visit and receive appeals from inferior jurisdictions. Also a commissary or official of a bishop or other ecclesiastical judge having judicial power; More...

n. At common law. One who has exempt and immediate jurisdiction In causes ecclesiastical. Also a bishop; and an archbishop is the ordinary of the whole province, to visit and receive appeals from inferior jurisdictions. Also a commissary or official of a bishop or other ecclesiastical judge having judicial power; an archdeacon; officer of the royal household. Wharton. In American law. A judicial officer, in several of the states, clothed by statute with powers In regard to wills, probate, administration, guardianship, etc. In Scotch law. A single judge of the court of session, who decides with or without a jury, as the case may be. Brande. In the civil law. A judge who has authority to take cognizance of causes in his own right, and not by deputation. Murden i. Beath, 1 Mill, Const. (S. C.) 269. -Ordinary of Newgate. The clergyman who is attendant upon condemned malefactors in that prison .to prepare them for death; he records the behavior of such persons. Formerly it was the custom of the ordinary to publish a small pamphlet upon the execution of any remarkable criminal. Wharton.-Ordinary of assise and sessions. In old English law. A deputy of the bishop of the diocese, anciently appointed to give malefactors their neck-verses, and judge whether they read or not; also to perform divine services for them, and assist in preparing them for death. Wharton. Less...

adj. Regular; usual; common; not characterized by peculiar or unusual circumstances; belonging to, exercised by, or characteristic of, the normal or average individual. See Zulich v. Bowman, 42 Pa. 83; Chicago & A. R. Co. v. House, 172 111. 601, 50 N. E. 151; Jones v. Angell, 95 Ind. 376. More...

adj. Regular; usual; common; not characterized by peculiar or unusual circumstances; belonging to, exercised by, or characteristic of, the normal or average individual. See Zulich v. Bowman, 42 Pa. 83; Chicago & A. R. Co. v. House, 172 111. 601, 50 N. E. 151; Jones v. Angell, 95 Ind. 376. -Ordinary conveyances. Those deeds of transfer which are entered into between two or more persons, without an assurance in a superior court of justice. Wharton.-Ordinary oonrso of business. The transaction of business according to the usages and customs of the commercial world generally or of the particular community or (in some cases) of the particular individual whose acts are under consideration. See Rison v. Knapp, 20 Fed. Cas. 835; Christianson v. Farmers' Warehouse Ass'n, 5 N. D. 438, 67 N. W. 300, 32 L. R. A. 730; In re Dibblee, 7 Fed. Cas. 654.-Ordinary repairs. Such as are necessary to make good the usual wear and tear or natural and unavoidable decay and keep the property in good condition. See Abell v. Brady, 79 Md. 94, 28 Atl. 817; Brenn v. Troy, 60 Barb. (N. Y.) 421; Clark Civil Tp. v. Brookshire, 114 Ind. 437, 16 N. E. 132.-Ordinary seaman. A sailor who is capable of performing the ordinary or routine duties of a seaman, but who is not yet so proficient in the knowledge and practice of all the various duties of a sailor at sea as to be rated as an "able" seaman.-Ordinary skill in an art, means that degree of skill which men engaged in that particular art usually employ; not that which belongs to a few men only, of extraordinary endowments and capacities. Baltimore Baseball Club Co. v. Pickett, 78 Md. 375, 28 Atl. 279, 22 L. R. A. 690. 44 Am. St Rep. 304; Waugh v. Shunk, 20 Pa. 130. As to ordinary "Care," "Diligence," "Negligence," see those titles. Less...

is the ceremony by which a bishop confers on a person the privileges and powers necessary for the execution of sacerdotal functions in the church. Phillim. Ecc. Law, 110.

is the ceremony by which a bishop confers on a person the privileges and powers necessary for the execution of sacerdotal functions in the church. Phillim. Ecc. Law, 110. Less...