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JUDICIAL AND STATUTORY DEFINITIONS

OF

WORDS AND PHRASES.

VOLUME 6.

OBEY.

their respective counties to any object not

authorized by law, and in section 1386, makA condition to obey and perform the ing members liable personally for any such Judgments of the court, in a bond conditioned sum of money as the boards shall appropriso to do in case the principal obligee is not ate to any object not authorized by law, sigarrested by plaintiff, is sufficient to re nifies the thing aimed at-the thing sought to quire the payment of the judgments. Claflin be accomplished. The objects to which monv. Ball, 43 N. Y. 481, 486

ey in the county treasury may be appropriat

ed are designated by law, and it is not legalOBITER DICTUM.

ly appropriable to any other purpose. It is

for a diversion of money from legitimate See “Dictum."

objects, and not for appropriation to a proper object, although in an irregular and un

authorized manner, that liability is imposed OBJECT.

on members personally. It is what the monSee "Natural Object."

ey is appropriated to and not how it is apOther object, see "Other."

plied that furnishes the test of personal lia

bility under it. Paxton v. Baum, 59 Miss. Act Cong. July 13, 1866, amending Act 531, 536. March 10, 1866, declaring it to be the duty

Of action. of all persons required to make returns or lists of income, articles, or objects charged The "object of an action" is the thing with an internal tax, to declare, etc., should sought to be attained by the action. Scarbe construed comprehensively, and to include borough v. Smith, 18 Kan. 399, 406. the gross receipts of express companies and

The "object of the action” is not the the gross receipts of stage proprietors. The cause of action or the subject of the action. words "objects charged with an internal tax” | The object of the action is brought into existare used in a general sense, as equivalentence by the commencement of the action, to "subjects of taxation.” The word "ob- which is long after the subject of action and jects” will not be regarded as having refer- the causes of action have had an existence. ence only to something tangible or having The object of the action is the thing sought an existence in form. In this statute “lists to be obtained by the action. It is the remof income” has a meaning distinct from gross edy demanded and the relief prayed for, and receipts. “Articles” might be deemed to ap- is no part of the subject of action or the ply to enumerated goods in use or on sale, or

cause of action. Scarborough v. Smith, 18 produced by manufacture, and the word “ob

Kan. 399, 406. jects” should be construed as a more general term, which includes what was not embraced

Of contraot. in either of the others. Wells v. Shook (U.

The object of a contract is the thing 8.) 25 Fed. Cas. 679.

which it is agreed on the part of the parThe word “object," in Code 1871, § 1378, ty receiving the consideration to do or not providing that boards of supervisors shall to do. Civ. Code Cal. 1903, & 1595. The ob not appropriate money in the treasuries of ject of a contract must be lawful when the 6 WDS. & P.-1

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contract is made, and possible and ascertain- The word "object,” as used in Const. able by the time the contract is to be per- art. 5, $ 17, providing that “no law shall emformed. Rev. Codes N. D. 1899, 88 3866, 3867; brace more than one object, which shall be Civ. Code S. D. 1903, 88 1219, 1220.

expressed in its title," means the same and

has the same signification as the word “subOf statuto or ordinanco.

ject.” Ingles v. Straus, 21 S. E. 490, 492, The object of a statute is the aim or 91 Va. 209. purpose of the enactment. Allopathic State

The word "object" is not synonymous Board of Medical Examiners v. Fowler, 24 with “subject," as used in Const, art. 3, § 21, South. 809, 813, 50 La. Ann. 1358; State v. providing that no law shall embrace more De Hart, 33 South. 605, 606, 109 La. 570. than one subject, which shall be expressed While the subject is the matter to which it in its title; for the object is the aim or relates and with which it deals. McNeeley purpose of the enactment, while the subject v. South. Penn Oil Co., 44 S. E. 508, 518, 52 of a statute is the matter of public or priW. Va. 616 (citing State V. Ferguson, 104 vate concern for which the law is enacted. La. 249, 28 South. 917, 81 Am. St. Rep. 123). State v. Morgan, 48 N. W. 314, 317, 2 S. D. The word "object" is so used in the clause 32. of the Constitution providing that every law enacted by the General Assembly shall em

“Object," as used in the organic act of brace but one object, and that shall be ex- Washington Territory, providing that evplained in the title.' State v. Ferguson, 28 ery law shall embrace but one "object," and South, 917, 918, 104 La. 249, 81 Am. St. Rep. that shall be expressed in the title, is for all 123.

practical purposes synonymous with "sub

ject." If any distinction is to be made beIn the Constitution, requiring that the tween “subject” and “object,” in the connecubject of all laws shall be stated in the title, tion used, "object" is obviously of broader the word "object" means more nearly the significance than the word “subject.” “Obsame as "end" or "purpose" than does the ject" may be used as having the sense of word “subject.” Day Land & Cattle Co. v. "effect,” the thing intended to be accomState, 4 S. W. 865, 872, 68 Tex. 542.

plished, not the means by which it is to be The object of legislation is to be deter-For instance, the object of an act is to con

accomplished, which is properly the subject. mined by its natural and reasonable effect,

Its and not by what may be supposed to have

fer the elective franchise on females. been the motives upon which the legislators subject is the subject-matter on which, in acacted. People v. Roberts, 19 Sup. Ct 70, 76, complishing that object, the legislative will 171 U. S. 658, 43 L. Ed. 323

operated, namely the section of the Code

defining the qualification of electors. HarThe word “object,” as used in a provi- land v. Territory, 13 Pac. 453, 457, 3 Wash. sion of a city charter that every ordinance T. 131. shall contain but one object, expressed in the title, was not used in the sense of “number"

Of tas. or "variety"; nor was it intended to require The word "object," as used in Const. art. a distinct legislative act for each particular 7, $ 13, requiring every law which imposes, matter legislated upon. It was intended to continues, or revises a tax to distinctly prevent the union in one act of diverse, in- state the tax and the object to which it is congruous, and disconnected matters having to be applied, should not be construed so no relation to or connection with each other, narrowly as to restrict its meaning to a parbut was not intended to prevent the law. ticular person or a particular appropriation making power from enacting under a gen- Its use is to require the Legislature, in imeral title provisions affecting a variety of posing taxes, to specify one or another of the matters, so long as there is a natural connec- classes of expenditure which they are obliged tion between the several matters and the or allowed to incur. It may be a wholly conobject named in the title. City of Seattle tingent or discretionary class, and yet be 9. Barto, 71 Pac. 735, 31 Wash. 141.

one of the objects to which the revenues of

the state may be applied. The term is to be Samo-As subject.

construed as intended to require the LegisInstead of the word “subject,” in Const which a tax is laid, and for which it is to

lature to indicate the general design with art. 5, $ 21, providing that no bill shall con- be used, and not to specify either a person tain more than one subject, which shall be clearly expressed in its title, the Constitu- or thing on which it is to be expended. The tions of some of the states have, in like pro it is required to be paid into the treasury of

object of a tax is sufficiently stated where visions, the word "object.” Some states, as Texas and New York, give to “subject" the state to the credit of the general fund. a less restricted meaning than "object." Oth. People v. Orange County Sup’rs (N. Y.) 27

Barb. 557, 582. ers, like Michigan, regard these words as substantially synonymous. In re House Bill, In considering the provision of Const. art. 39 Pac. 1096, 1098, 21 Colo. 46.

9, $ 4, “that no tax shall be levied, except

in pursuance of a law which distinctly states, conveyance. Osborn v. Crisp, 8 Adol. & E. the object of the same, to which object such 779. tax shall be applied," the court said: “It is very clear that what constitutes the ob- OBJECTIONABLE PURPOSE. ject, in the sense of the Constitution, is some legal occasion that calls for the expenditure The conversion of a private dwelling inof money; that is, some obligation, present to a public boarding house is using it for a or prospective, created by law. Clearly the public or objectionable purpose,” within the Constitution did not intend that the money meaning of a lease providing that the lessor raised under a special tax shall be applied had a right to insist that the house should toward the purposes cited in such tax law, be occupied as a residence, and used strictly independent of there being any law consti- as a private dwelling, and not for any “pubtuting an appropriation for its disbursement. lic or objectionable purpose." Gannett v. Suppose, for instance, that money is raised Albree, 103 Mass. 372, 374. to erect a public building, and no act for the erection of such building was passed dur. OBJECTIONABLE THING. ing the fiscal year for which it was raised. Clearly there was no authority to be gather- "Objectionable thing," as used in an ined from that provision of the Constitution struction in an action for damages for the that could warrant the disbursement of such taking of land by a railway for a right of a fund toward such purpose without such a way, charging that if the jury find, from a law. This shows clearly that the object in- preponderance of the evidence, that the value tended by the Constitution is that which is of plaintiff's land not actually appropriated created by some law, or, in other words, by defendant had been decreased by the some obligation, present or prospective, cre existence of any stagnant pools, floods, or ated and sanctioned by law.” State v. Leap objectionable thing, necessarily caused by hart, 11 S. C. 458, 470.

the improvement of said right of way, the jury should add such decrease in value to

their verdict for the plaintiff ; but, if such OBJECTION.

pool, flood, or objectionable thing be caused See "General Objection."

by the faulty and negligent construction of Exception synonymous, see “Exception.” such right of way, then any decrease in value

of the land must be disregarded-to some The word "objection," in a statement by extent rendered the instruction too broad and an attorney that he desires to renew his ob- not sufficiently specific. The court should jection to the findings of fact, was equiva- have enlarged on the instruction in its state lent to the word “exception"; and hence an ment, and enumerated the different elements objection that no specified exception was tak- of damages, instead of grouping them as it en to the findings of fact was groundless. did under the head of "objectionable thing"; Ranahan v. Gibbons, 62 Pac. 773, 775, 23 but, inasmuch as by the last clause of the Wash. 253.

Instruction the jury were limited to damages

shown by the evidence, the objection and genAn "objection to the admissibility of evi- erality of the instruction was harmless. Fredence” in any cause can only be properly mont, E. & M. V. R. Co. V. Bates, 58 N. W. founded on the hypothesis that such testi- 959, 961, 40 Neb. 381. mony violates the law of evidence, in this: that the law prohibits the proof in the manner proposed of the particular fact, or of its OBLIGATE. irrelevancy to the subject-matter of inquiry. Gibbs v. Gale, 7 Md. 76, 86.

"Obligated" means strictly, and in com

mon parlance, to be bound. Wachter V. An objection to a pleading is not equiv. Famachon, 22 N. W. 160, 161, 62 Wis. 117. alent to a defense to an action, but is construed as relating to some formal defect.

The term "obligated," in Laws 1891, c. Elfrank v. Seiler, 54 Mo. 134, 136.

4022, & 2, providing that it shall not be law

ful to take, by any contract, contrivance, or As used in a will devising a copyhold to device whatever whereby the debtor is re testator's daughter-in-law for life, remain- quired or obligated to pay, a greater sum der in fee to her son A., on an express con- than the actual principal sum received, todition that A. should convey certain property gether with interest at the rate of 10 per severally to his sisters, but, in case he should cent. per annum, is a participle from "ob"object or refuse" to make such conveyances, ligate," and has the same root as the noun then the devise to him was void, the words "obligation." In Webster's Unabridged Dic"object or refuse" did not necessarily ex- tionary "obligation" in law is a bond with a press a positive act, but the testator assumed condition annexed and a penalty for nonfulthat the grandson would convey if he did not fillment. In Bouvier's Law Dictionary "obobject, and the words did not imply or make ligation” is defined as a bond containing a necessary a request by the sisters for the penalty, with a condition annexed for the

payment of money, performance of cove-, tion with a contract to perform it, or to a nants, or the like. Maxwell v. Jacksonville liability arising from his contract, or from Loan & Improvement Co. (Fla.) 34 South. 255, his actionable, tortious conduct Exchange 267.

Bank v. Ford, 3 Pac. 449, 451, 7 Colo. 314.

The word "obligation,” as used in a OBLIGATION.

requested instruction in an action against See “Alternative Obligation"; "Condi- a railroad company for damages by fire, tional Obligation"; "Express Obliga

that if the jury found from the evidence that tion": "Imperfect Obligation"; "Joint

the railway ran through a prairie country, Obligation"; "Maritime Obligation";

with prairie and wild grass on either side, "Moral Obligation"; "Natural Obliga

both on the railroad's right of way and outtion"; "Pecuniary Obligation”; “Per

side and adjacent to its track, “the defendant fect Obligation"; "Personal Obliga

was under no legal obligation to mow or cut tion"; "Primary Obligation"; "Prin

the said wild or prairie grass outside of its cipal Obligation"; "Simple Obligation";

road ties along its right of way,” refers to "Solidary Obligation."

the duty of defendant as respects carelessAll obligations, see “All."

ness—its duty or obligation to avoid negliOther obligation, see "Other."

gently exposing the property of others to in

jury from its engines. It does not refer to "Obligation” is defined to be the act of a duty imposed by statute. Sibilrud v. Minobliging or binding; that which obligates; neapolis & St. L. Ry. Co., 11 N. W. 146. 29 the binding power of a future promise, vow,

Minn, 58. or contract. Webst. Dict. The word is de

“Obligation of the instrument," as used rived from the Latin "obligatio," tying up, in superior court rule No. 7, which is as and that from the word "obligo," to bind or

follows: "In any action brought on any tie up, to engage by the ties of a promise deed, bond, bill, note, or other instrument of or oath, or form of law; and “obligo" is writing, a copy of which shall have been compounded of the verb “ligo,” to tie or filed with the declaration, the defendant, bind fast, and the preposition "ob,” which is not being an executor or administrator, prefixed to increase its meaning. Blair v. shall not on the trial be allowed to deny his Williams, 14 Ky. (4 Litt.) 34, 65; Lapsley v. signature, or that of any other party to the Brashears, Id. 47, 65; Edwards v. Kearzey, instrument, and the execution of such in96 U. S. 595, 600, 24 L. Ed. 793.

strument shall be taken to be admitted, unBouvier says: “Obligation in its general less the defendant shall have filed an affi. and most extensive sense is synonymous with davit denying the signature or the obligaduty. In the more technical sense it is a

tion of the instrument, by reason of fraud, tie which binds us to pay or do something duress, or other legal cause,” etc., means the agreeab to the laws and customs of the obligation which arises solely from the free country in which the obligation is made." and voluntary signature of the instrument. Webster defines "obligation” to be “the bind. The phrase does not relate to the existing ing power of a vow, promise, or contract of obligation to pay the amount secured to be law, civil, political, or moral, independent of paid by the instrument, nor to any obligaa promise; that which constitutes legal or tion, other than as hereinbefore mentioned,

Vanmoral duty, and which renders a person existing at the time of filing the plea. liable to coercion and punishment for neglect- dergrift v. Hollis (Del.) 6 Houst. 90, 102. ing it." Crandall v. Bryan (N. Y.) 5 Abb.

An obligation is a legal duty by which Prac. 162, 168, 15 How. Prac. 48. See, also, a person is bound to do or not to do a cerMorrison v. Lovejoy, 6 Minn. 319, 353 (Gil

. tain thing. Civ. Code Cal. 1903, § 1427; 224, 236); McRae v. Cochise unty (Ariz.) Rev. Codes N. D. 1899, § 3762; Civ. Code 44 Pac. 299, 300.

S. D. 1903, § 1114; Civ. Code Mont. 1895, The word "obligation” is defined to be $ 1920. It arises from (1) contract or (2) "the constraining power or authoritative operation of law. Code Civ. Proc. Cal. 1903, character of a duty, a moral precept, a civil 8 26; Code Civ. Proc. Mont. 1895, $ 3475. law, or a promise or contract voluntarily

"Obligation" is, in its general and most made; that to which one is bound; that extensive sense, synonymous with “duty." which one is obliged or bound to do, especial. Civ. Code La. 1900, art. 1756. ly by moral or legal claims; a duty." Colter v. State, 39 S. W. 576, 577, 37 Tex. Cr.

Agreement in writing. R. 284 (quoting Cent. Dict.).

“The word 'obligation' originally meant The word "obligation" has two well-de- a bond containing a penalty, with a condifined legal meanings: (1) Where it is the tion for the payment of money or to do or name given to the contract itself; (2) the suffer some act or thing. Co. Litt. 172a. other includes those cases where it refers The meaning of the word, however, has grad. to the duty imposed on a person in connec ually been enlarged by the court, and it

has ceased to be restricted to a bond or Latin word "obligatio," defined to be a bond writing obligatory, and has been extended of law, by which we are necessarily bound to mean a paper by which some fixed duty to pay something according to the laws of is assumed to be performed at a certain time, our country. Strong v. Wheaton (N. Y.) 38 or an instrument in writing whereby one Barb. 616, 623, 626. party contracts with another for the payment of money at a fixed date, or for the Bond. delivery of specific articles. But, however

In Webster's Unabridged Dictionary "obvarious have been the definitions given the ligation,” in law, is a bond with a condition word, the one essential element has always annexed and a penalty for nonfulfillment been that it must be a written paper. The In

In Bouvier's Law Dictionary "obligation” is duty assumed by it must be a fixed duty. defined as a bond containing a penalty, with Bouv. Law Dict. tit. “Obligations.” The

a condition annexed for the payment of monword, as used in Stock Corp. Law, $ 48, ey, performance of covenants, or the like. providing that no corporation which shall Maxwell v. Jacksonville Loan & Improvehave refused to pay any of its notes or ment Co. (Fla.) 34 South. 255, 267. other oblig ons may transfer property to its officers, directors, or stockholders, does

An obligation is a bond, and must arise not include an indebtedness for services on a good and valid consideration between furnished by a telegraph company under a persons capable of contracting, and must be contract providing for a fixed rental, and executed in the manner required by law. also compensation according to services ren

Pelham v. Grigg, 4 Ark. (4 Pike) 141, 143. dered, as the amount or time of payment "Obligations," as used in Act Ky. 1878 cannot be determined by the contract. Mun- (1 Sess. Acts 1878, p. 77), authorizing the zinger v. United Press Co., 65 N. Y. Supp. county court of a certain county to compro194, 196, 52 App. Div. 338.

mise and settle with the bolders of outstandThe word "obligation" in its most tech. ing coupon bonds, and empowering the court nical meaning implies ex vi termini a sealed to execute to the holders such bonds and instrument, but it certainly has also a very coupons severally the "obligations" of such broad and comprehensive legal signification, county, includes a coupon bond payable to and embraces all instruments of writing, the holder of the old bonds and bearer, and however informal, whereby one party con

is not confined to an ordinary promissory tracts with another for the payment of mon- note, nonnegotiable and payable to the holdey, or for the delivery of specific articles, er of the old bonds only. "Obligations" is whether same be under seal or not. State y. a generic word, and includes all kinds of Campbell, 9 S. E. 410, 411, 103 N. C. 344. contracts by which contracting parties bind

themselves, and, in the absence of limiting The word "obligation," as used in Gen. words or the connection in which it is used, St. $ 1834, providing that all joint obliga- ' will be construed in its generic sense. Sintions and covenants shall hereafter be tak- ton v. Carter County (U. S.) 23 Fed. 535, en and held to be joint and several obliga- 538. tions and covenants, means an agreement

Under Laws 1892, c. 686, 88 69, 70, as in writing, sealed or unsealed, as contradistinguished from its use with reference to amended by Laws 1896, c. 178, which authorlegal duty or liability, arising from an oral their highways and to issue obligations there

ized towns to borrow money to improve or written contract or from actionable tortious conduct. Exchange Bank v. Ford, 3

for, long term negotiable bonds are obligaPac. 449, 450, 7 Colo, 314.

tions within the meaning of the statute;

"obligation” being a word of large extent, The word "obligation," as used in a will, but commonly taken in the common law for reciting: “Whereas, I now hold obligations a bond containing a penalty, with condition against certain of my friends, I direct my for the payment of money or to do or suffer executor not to urge the payment of any some act or thing. Blackstone makes the such obligations before the space of two word synonymous with “bond.” Ghiglione full years after my decease"--means a writ- v. Marsh, 48 N. Y. Supp. 604, 607, 23 App. ten instrument like a note or bond. Thorn Div. 61. v. Hall, 41 N. Y. Supp. 1054, 1055, 10 App. Div. 412.

The words "obligation or other security,"

as used in Rev. St. § 5430 (U. S. Comp. St. The word "obligation," as used in Code, 1901, p. 3671), which provides that every | 120, providing that persons severally lia- person who has in his possession or custody, ble on the same obligation or instrument, in- except under authority from the Secretary cluding parties to bills of exchange and of the Treasury or other proper person, any promissory notes, may all or any of them be obligation or other security engraved and included in the same action at the option of printed under the similitude of any obligathe plaintiff, was intended to cover only tion or other security issued under the authose causes of action evidenced by a writ- thority of the United States, with intent to ing. The word "obligation” is from the sell or otherwise use the same, shall be pun

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