KFLCC Kingdom Law 2nd Ed.

862

OUT OF TIME

OSTIUM ECCLESI^

OSTIUM ECCLESL32. Lat. In old Eng lish law. The door or porch of the church, where dower was anciently conferred. OSWALD'S LAW. The law by which was effected the ejection of married priests, and the introduction of monks into churches, by Oswald, bishop of Worcester, about A. D. 964. Wharton. OSWALDS LAW HUNDRED. An an cient hundred in Worcestershire, so called from Bishop Oswald, who obtained it from King Edgar, to be given to St. Mary's Church in Worcester. It was exempt from the sheriff's jurisdiction, and comprehends 300 hides of land. Camd. Brit OTER LA TOUAILLE. In the laws of Oleron. To deny a seaman his mess. Liter ally, to deny the table-cloth or victuals for three meals. OTHESWORTHE. In Saxon law. Oathsworth; oathworthy; worthy or entitled to make oath. Bract, fols. 185, 292&. OUGHT. This word, though generally directory only, will be taken as mandatory if the context requires it. Life Ass'n v. St Louis County Assessors, 49 Mo. 518. OUNCE. The twelfth part; the twelfth part of a pound troy or the sixteenth part of a pound avoirdupois. OUNCE LANDS. Certain districts or tracts of lands in the Orkney Islands were formerly so called, because each paid an annual tax of one ounce of silver. OURLOP. The lierwite or fine paid to the lord by the Inferior tenant when his daughter was debauched. Cowell. OUST. To put out; to eject; to remove or deprive; to deprive of the possession or enjoyment of an estate or franchise. OUSTER. In practice. A putting out; dispossession; amotion of possession. A spe cies of injuries to things real, by which the wrong-doer gains actual occupation of the land, and compels the rightful owner to seek his legal remedy in order to gain possession. 2 Crabb, Real Prop. p. 1063, § 2454a. See Ewing v. Burnet, 11 Pet 52, 9 L. Ed. 624; Winterburn v. Chambers, 91 Cal. 170, 27 Pac. 658; McMullin v. Wooley, 2 Lans. (N. Y.) 396; Mason v. Kellogg, 38 Mich. 143. — Actual ouster. By "actual ouster" is not meant a physical eviction, but a possession attended with such circumstances as to evince a claim of exclusive right and title, and a denial of the right of the other tenants to participate in the profits. Burns v. Byrne, 45 Iowa, 287. OUSTER LE MAIN. L. Fr. Literally, out of the hand. 1. A delivery of lands out of the king's hands by judgment given in favor of the pe titioner in a mom, trans de droit.

2. A delivery of the ward's lands out of the hands of the guardian, on the former ar riving at the proper age, which was twenty one in males, and sixteen in females. Abol ished by 12 Car. II. c. 24. Mozley & Whit ley. OUSTER LE MER. L. Fr. Beyond the sea; a cause of excuse if a person, being summoned, did not appear in court. Cowell. OUT-BOUNDARIES. A term used in early Mexican land laws to designate certain boundaries within which grants of a smaller tract, which designated such out-boundaries, might be located by the grantee. U. S. v. Maxwell Land Grant Co., 121 U. S. 325, 7 Sup. Ct 1015, 30 L. Ed. 949. OUT OF COURT. He who has no legal status in court is said to be "out of court" i. e., he is not before the court. Thus, when the plaintiff in an action, by some act of omission or commission, shows that he is unable to maintain his action, he is frequent ly said to put himself "out of court." Brown. The phrase is also used with reference to agreements and transactions in regard to a pending suit which are arranged or take place between the parties or their counsel privately and without being referred to the judge or court for authorization or approval. Thus, a case which is compromised, settled, and withdrawn by private agreement of the parties, after its institution, is said to b« settled "out of court." So attorneys may make agreements with reference to the con duct of a suit or the course of proceedings therein; but if these are made "out of court," that is, not made in open court or with the approval of the judge, it is a general rule that they will not be noticed by the court unless reduced to writing. See Welsh v. Blackwell, 14 N. J. Law, 345. OUT OF TERM. At a time when no term of the court is being held; in the vacation or interval which elapses between terms of the court See McNeill v. Hodges, 99 N. C. 248, 6 S. E. 127. OUT OF THE STATE. In reference to rights, liabilities, or jurisdictions arising out of the common law, this phrase is equivalent to "beyond sea," which see. In other con nections, it means physically beyond the ter ritorial limits of the particular state in ques tion, or constructively so, as in the case of a foreign corporation. See Faw v. Rober deau, 3 Cranch, 177, 2 L. Ed. 402; Foster v. Givens, 67 Fed. 684, 14 C. C. A. 625; Meyer v. Roth, 51 Cal. 582; Yoast v. Willis, 9 Ind. 550; Larson v. Aultman & Taylor Co., 80 Wis. 281, 56 N. W. 915, 39 Am. St Rep. 893. OUT OF TIME. A mercantile phrase ap plied to a ship or vessel that has been so long at sea as to justify the belief of her total loss. In another sense, a vessel is said to be