KFLCC Kingdom Law 2nd Ed.

864

OUTROPER

OVERRULE

OUTROPER. A person to whom the business of selling by auction was confined by statute. 2 H. Bl. 557. OUTSETTER. In Scotch law. Publish er. 3 How. State Tr. 603. OUTSTANDING. 1. Remaining undis charged ; unpaid; uncollected; as an out standing debt 2. Existing as an adverse claim or preten sion ; not united with, or merged in, the title or claim of the party; as an outstanding ti tle. —Outstanding term. A term in gross at law, which, in equity, may be made attendant upon the inheritance, either by express declara tion or by implication. OUTSUCKEN MULTURES. In Scotch law. Out-town multures; multures, duties, or tolls paid by persons voluntarily grinding corn at any mill to which they are not thirl ed, or bound by tenure. 1 Forb. Inst. pt 2, p. 140 OUVERTURE DES SUCCESSIONS. In French law. The right of succession which arises to one upon the death, whether nat ural or civil, of another. OVE. I*. Fr. With. Modern French avec. OVELTY. In old English law. Equality. OVER. In conveyancing, the word "over" is used to denote a contingent limitation in tended to take effect on the failure of a prior estate. Thus, in what is commonly called the "name and arms clause" in a will or settlement there is generally a proviso that if the devisee fails to comply with the con dition the estate is to go to some one else. This is a limitation or gift over. Wats. Comp. Bq. 1110; Sweet. OVER SEA. Beyond the sea; outside the limits of the state or country. See Gus tin v. Brattle, Kirby (Conn.) 300. See BE YOND SEA. OVEBCYTED, or OVERCYHSED. Proved guilty or convicted. Blount. OVERDRAW. To draw upon a person or a bank, by bills or checks, to an amount in excess of the funds remaining to the drawer's credit with the drawee, or to an amount greater than what is due. The term "overdraw" has a definite and well understood meaning. Money is drawn from the bank by him who draws the check, not by him who receives the money; and it is drawn upon the account of the individual by whose check it is drawn, though it be paid to and for the benefit of another. No one can draw money from bank upon his own account, except by OVEIIII. L. Fr. EquaL

means of his own check or draft, nor can he overdraw his account with the bank in any other manner. State v. Stimson, 24 N. J. Law, 478. 484. OVERDUE. A "negotiable instrument or other evidence of debt is overdue when the day of its maturity is past and it remains unpaid. Camp v. Scott, 14 Vt 387; La Due v. First Nat. Bank, 31 Minn. 33, 16 N. W. 426. A vessel is said to be overdue when she has not reached her destination at the time when she might ordinarily have been expected to arrive. OVERHAUL. To inquire into; to re view; to disturb. "The merits of a judg ment can never be overhauled by an original suit" 2 H. Bl. 414. OVERHERNISSA. In Saxon law. Con tumacy or contempt of court Leg. .