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of the record, and prima facie a correct state ages, as a separate and distinct defense by ment of the testimony and proceedings on way of offset to plaintiff's claim, was conthe trial, and is entitled to effect and credit strued to be used as equivalent to the word as such in the Appellate Court Tallmadge “counterclaim," as the facts set forth in the F. Hooper, 61 Pac. 349, 352, 37 Or. 503. answer show a counterclaim, within the def

inition given in Code Civ. Proc. $ 501, subd. OFFICIAL TERM.

2, providing that a counterclaim must tend

to diminish or defeat the plaintiff's recovConst. art. 4, $ 19, forbidding the in

ery. Cable Flax Mills V. Early, 76 N. Y. crease or diminution of the salary of any Supp. 191, 193, 72 App. Div. 213. executive officer during his "official term," means the term for which the officer is The word "offsets," as used in a mechanchosen or the whole period of time during ic's lien law requiring the notice or statewhich the officer may occupy or hold bis ment of the demand for a lien to state the office. Carlile v. Henderson, 31 Pac. 117, sum demanded over and above all credits 118, 17 Colo. 532.

and offsets, is substantially the same as

“effects," as used in the notice or statement OFFICIAL TITLE.

of the demand for a sum over and above all

credits and effects. Merchant v. Humeston, Under the occupying claimant's act (Gen. | 7 Pac. 903, 904, 2 Wash. T. 433. St. 1878, c. 75, $ 15), providing for two classes of occupants, to wit: "First.

Sec

"Offset," as used in a negotiable note ond, those who have taken possession of any purporting on its face to be payable without land under the official deed of any person offset, should be construed to mean “without or officer employed by law

to sell offset as against the holder by indorsement." land," etc.—the second class may be defined The sole purpose and effect of offsets is to give as those who go into possession under color negotiability and credit to the paper. They of what may be called "official title.” Pfef- are not treated by the courts as having any ferle v. Wieland, 55 Minn, 202, 209, 56 N. W. effect between the maker and the original 824, 825.

payee of the paper. Harmanson V. Bain (U.

S.) 11 Fed. Cas. 539, 541. OFFICINA JUSTITIÆ.

OFFSPRING. In the ordinary or legal court the officina justitiæ is kept, out of which issue all orig- The term "offspring,” in a mortgage on inal writs that pass under the great seal. mares and their offspring, includes increase. Those writs that related to the subject were King v. Lacrosse, 44 N. W. 517, 518, 42 Minn. originally kept in a bamper, and those that 488. related to the interests of the crown were kept in a little bag. Hence arose the distinc- The word "offspring,” by the commontion between the "hanaper office" and the law interpretation, embraces any heirs of a "petty-bag office.” Those offices are at all given description collectively as a class of times open to the subject, who may at any persons, unless there is a direct intention time demand and have, ex debito justitiæ, plainly and clearly expressed to the contrary. any writ that he may call for. The denom- Powell v. Brandon, 24 Miss. (2 Cushm.) 343, ination "officina justitiæ" was adopted to

365. signify that all justice between man and man proceeded from that source; it being,

"Offspring,” as used in a will making a as it is styled in the books, the shop, mint certain disposition of property in case of or manufactory of justice. Yates v. People by her husband, is a synonym for “issue,”

testator's daughter dying without offspring (N. Y.) 6 Johns. 337, 363.

and issue cannot be lawful without mar

riage. Mitchell v. Pittsburg, Ft. W. & C. OFFSET.

Ry., 31 Atl. 67, 68, 165 Pa. 645.

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An offset does not deny the existence or

In a devise to a girl of five years, of the merits of a claim, but is a contrary sum

certain lots, and providing that in the event or claim, by which a given claim may be of her dying unmarried, or, if marrying, dylessened or canceled. Leonard v. Charter ing without offspring, then these lots were Oak Life Ins. Co., 33 Atl. 511, 513, 65 Conn. to be sold and the proceeds to be divided 529.

equally among certain other persons, the

word "offspring" here used is but a synonym The word "offset,” in an answer which for “issue.” Barber v. Pittsburgh, Ft. W. & first denied the allegations of the complaint, c. R. Co., 17 Sup. Ct. 488, 494, 166 U. 8. 83, and then set out facts showing the breach 41 L. Ed. 925. of a contract on the plaintiff's part, separate and distinct from the one sued upon, The word “offspring," in a will devising by reason of which defendants suffered dam- testator's real estate to his son during his

6 WDS. & P.

natural life, and, at bis decease, to his legit- ; OIL. imate offspring forever, but, in case the issue of the son should become extinct, then See "Coal Oil." over to other devisees in fee, is used inter See, also, “Mineral"; "Petroleum." changeably with the word “issue"; but, even if it had not been defined by the use of the

Oil is a mineral. Jennings v. Bloomfield, word “issue,” it would still have been a term 49 Atl. 135, 136, 199 Pa. 638 (citing Blakley of limitation, and not of purchase. Allen v.

v. Marshall, 174 Pa. 425, 34 Atl. 564; MarMarkle, 36 Pa. (12 Casey) 117, 118.

shall v. Mellon, 179 Pa. 371, 36 Atl. 201, 35

L. R. A. 816, 57 Am. St. Rep. 601). "Offspring" is a word of limitation, not of purchase. As used in a devise of certain

Oil is a mineral, and, being a mineral, lots to a party, declaring that in the event Pa. (3 P. F. Smith) 229. In this it is like

is part of the realty. Funk v. Haldeman, 53 of such party's dying unmarried, or, if married, dying without offspring by her husband, coal or any other natural product which in such lots should be sold, and the proceeds situ forms part of the land. It may become, divided among other persons designated, did by severance, personalty, or there may be a not create merely a defeasible fee, and, if it right to use or take it originating in custom did not vest in the devisee a fee simple, it or prescription, as the right of a life tenant at least gave her an estate tail. Barber v.

to work opened mines, or to use timber for Pittsburgh Ft. W. & C. R. Co. (U. S.) 69 Fed repairing buildings or fences on a farm. 501, 504

Nevertheless, whenever conveyance is made of it, whether that conveyance is called a

lease or a deed, it is, in effect, the grant of OFTEN.

part of the corpus of the estate, and not of

a mere incorporeal right Appeal of StoughA testator directed that the whole of his ton, 88 Pa. 198, 201. property, real and personal, be equally divid- : ed between his wife and children, and be

“Oil," as used in a lease of property to kept together by his executor and executrix be occupied and worked for petroleum, rock during the widowhood of his wife, or until or carbon oil, and not for any other purpose, his children became of age or married, and and, if no oil was found in paying quanti. then, and not till then, “dividends take place tles within four years, the lease should be as often as they become of age or marry."

null and void, is not synonymous with "gas." It was held that the word “often” implied Truby v. Palmer (Pa.) 6 Atl

. 74 a repetition of the act of division, and hence that the period of division was not to be de OIL IN BARRELS. layed till all the children became of mature age or all were married. Charles v. Stick

Where a fire policy was on refined “oil ney, 50 Ala. 86, 88.

in barrels" at a refinery, such phrase could

not by any construction be held to include The words “often or daily” in an appli- oil in a cooling and settling tank. Weisencation for a life policy, requiring the appli- berger v. Harmony Fire & Marine Ins. Co., cant to state whether he uses intoxicating 56 Pa. (6 P. F. Smith) 442, 444 stimulants often or daily, is an inquiry as to his habit in that regard; not whether he

OIL LEASE. uses such stimulants at all, but whether he uses any of them habitually. Ætna Life Ins. An oil lease investing the lessee with Co. v. Darey, 8 Sup. Ct. 331, 332, 123 U. S. the right to remove all the oil in place in 739, 31 L. Ed. 315.

the premises was said by Chief Justice Sterrett, in Blakley v. Marshall, 34 Atl. 564, 174

Pa. 425, to be in legal effect a sale of a porOHIO.

tion of the land. To the same effect are Kier

v. Peterson, 41 Pa. (5 Wright) 357, and Ap“Ohio," as used in descriptions of the peal of Stoughton, 88 Pa. 198; Jennings surveys of the townships of land in Indiana v. Bloomfield, 49 Atl. 135, 136, 199 Pa. 638; bordering on the Ohio, means the Obio river. Southern Oil Co. v. Colquitt, 69 S. W. 169 City of Madison v. Hildreth, 2 Ind. (2 Cart.) 171, 28 Tex. Civ. App. 292. 274, 283.

OIL REFINERY. OIKEI MANIA.

As building, see "Building (In Lien Oikel mania is a form of Insanity man Laws)." ifesting itself in a morbid state of the do mestic affections, as an unreasonable dislike OIL TANKS. of wife or child without cause or provocation. Ekin's Heirs v. McCracken (Pa.) 11 As building, see “Building (In Lien Phila. 534, 540.

Laws)."

OIL WELL.

OLD COUNTRY. The term "oll well," as used in the plead “Old country" is a term in common use ings in an action for a mechanic's lien for to designate a country occupied by civilized material furnished for an oil well, etc., will man before the American continent was. It be construed to embrace not only the mere plainly means a different country from our hole in the earth, in the drilling of which country, just as the “old continent" means the plaintiffs performed labor or furnished the continent of Europe as distinguished material, but also the derrick engine, boiler from our continent. It is both a geographic pump, piping, and appliances attached there cal term and a term in common use to desigto. Haskell v. Gallagher, 50 N. E. 485, 486, nate a country, and therefore it cannot be 20 Ind. App. 224, 67 Am. St. Rep. 250.

used as a trade-mark. Allen B. Wrisley Co.

v. Iowa Soap Co. (U. S.) 122 Fed. 796, 797, The term "oil well,” in Rev. St. $ 3184, 59 C. C. A. 54. giving a mechanic's lien on oil wells, consists, in addition to the excavation or hole in the

OLD METAL. ground, of the drive pipe which is inserted in the ground, and the casing and iron tub In an action on a fire policy against loss ing, but does not include the derrick or other on a junk dealer's stock of old metals, etc., things used in connection with the well. De- it was proper to admit evidence that the vine v. Taylor (Ohio) 4 0. C. D. 248, 250. phrase "old metals” had acquired a broader

signification than belonged to such words orThere is no failure of consideration good dinarily, and to permit plaintiff to prove that as a defense against notes given for an oil old metals, in the understanding of the trade, well, by reason of the fact that the oil well included old rubber and old glass. Mooney does not produce oil sufficient to pay for its v. Howard Ins. Co., 138 Mass. 375, 52 Am. operation. Penniman v. Winner, 54 Md. 127, Rep. 277. 135.

OLDEST IN OFFICE. OILCLOTH FOUNDATION.

Hill's Code, $2601, providing that the The terms "oilcloth foundations" and "oldest in office" of the school directors pres"floor cloth canvas," as used in Act June 6, ent shall be chairman of all school meetings, 1872, $ 4, imposing a duty on such materials, means the director who has held office for are convertible terms designating the same the longest time under an election. State article. Arthur V. Cumming, 91 U. S. 362, v. McKee, 25 Pac. 292, 293, 20 Or. 120. 364, 23 L Ed. 438

OLEINE. OLD.

In Tilghman v. Proctor, 102 0 8.707, "Old," as used in 1 Rev. St. p. 502, § 2, 26 L. Ed. 279, the court said: “It was disauthorizing commissioners of highways to lay chemist, as early as 1813, that ordinary fat,

covered by Chevreul, an eminent French out new roads and discontinue old ones, does tallow, and oil are chemical compounds connot necessarily mean an ancient or long exIsting road. The phrase "new road” means sisting of a base which has been termed glyca road newly laid out where one was not, erin, and of different acids, termed generand the words “old road” are opposite there ally fat acids, but specifically stearic, marto, and mean one laid out and used, whether garic, and oleic acids. These acids, in com long ago or of more recent date. People v. in, margarin, and olein. They are found in

bination severally with glycerin, form stearGriswold, 67 N. Y. 59, 61.

different proportions in the various neutral The words "old road," as used in 1 Rev. fats and oils; stearin predominating in some, St. p. 517, $ 81, authorizing the discontinu- margarin in others, and olein in others. ance of an old road where it has become When separated from their base (glycerin), useless and unnecessary, implies a road for they take up an equivalent of water, and are a time open to the public for its use, but by called free-fat acids.” Tilghman v. Proctor, change of circumstances, and of local needs 8 Sup. Ct. 894, 895, 125 U. S. 136, 31 L. Ed. and habits of trade and intercourse, losing

664. its usefulness. It does not mean a uselessdess existing at the laying out of it. People OLEOMARGARINE. P. Griswold, 67 N. Y, 59, 62.

Oleomargarine is a product or compound Extrinsic evidence is admissible, in the construction of a building contract, to show made wholly or partly out of any fat, oil, that a clause in it requiring "old style roof- South. 360, 362, 110 Ala. 40.

or oleaginous substance. Cook v. State, 20 ing tin,” bad acquired a peculiar signification in the trade. Storck v. Mesker, 55 Mo. The term “olemargarine" is used to desApp. 26, 35

ignate compounds resembling butter in ad

OLEOMARGARINE

4958

OMISSION

or

pearance and flavor, put on the market as a | OLOGY.
substitute for it. A statute requiring oleo-
margarine to be distinctly marked is within "Ology" is derived from a Greek word
the police power of the state. Butler v. which means a discourse or treatise, and in
Chambers, 30 N. W. 308, 309, 36 Minn. 69, the English language it is used as a termina-
1 Am. St. Rep. 638.

tion of the name of a science, or of the

subject indicated by the prefix. Stockham The word "oleomargarine,” as defined in v. Western Union Tel. Co., 63 Pac. 658, 659, section 4 of Act May 16, 1894 (91 Ohio Laws, 10 Kan. App. 580. p. 27+), does not include butter made from pure milk or cream without any adulteration, though it may be deficient in butter fats. OMISSION. State v. Ransick, 56 N. E. 1024, 1025, 62 Ohio St. 283.

See "Willful Omission." Oleomargarine is usually made of leaf The term "omission or mistake" in lard and beef fat, and churned in milk and the statute giving the court power in any cream, or milk, cream, and butter, to give it stage of the proceedings to permit amendflavor, with the vegetable dye annotto; and ments by changing or adding the name a product known as “fruit of the meadow," names of any party plaintiff or defendant, which is composed of leaf lard and beef fat whenever it shall appear to them that a bathed in salt ice water for the purpose of mistake or omission has been made in the taking away the fat and lard odor, and con- name or names of any party, means "some taining no mixture of cream, milk, or but thing done or left undone in the bringing of ter to give it a butter flavor, and no coloring the suit, that will prevent a trial of the matter to give it a butter appearance, is cause upon its merits." McLoney V. Ednot oleomargarine, and is not taxable as gar, 7 Pa. Co. Ct. R. 27, 29. such under Act Aug. 2, 1886, c. 840, 24 Stat. 209 (U. S. Comp. St. 1901, p. 2228]. Braun

Failure to appoint commissioners for & Fitts v. Coyne (U. S.) 125 Fed. 331.

more than seven years is an "omission to

appoint," within the meaning of Pub. St. c. For the purpose of the statutory pro- 44, $ 59, providing that the omission to apvisions relative to the sale of oleomargarine, point commissioners to allow claims against the word "oleomargarine" shall, in addition the estate of a deceased person will not preto its ordinary meaning, include "butterine," vent the prosecution of the claims against "imitation butter,” and any article, sub- the executor, etc. Wilkinson v. Winne's Esstance, or compound made in imitation or tate, 15 Minn, 159, 167 (Gil. 123, 128). semblance of butter or as a substitute for butter, and not made exclusively and wholly in a building contract which provides that

The meaning of the word "omissions," of milk or cream, or containing any fats, if the owner, at any time during the progress oils, or grease not produced from milk or Rev. Laws Mass. 1902, p. 547, c. 56, deviations, additions, or omissions, he shall

of certain buildings, desires any alterations, 8 35.

be at liberty to do so, and the same shall in For the purposes of an act relating to no way affect or make void the contract, oleomargarine, certain manufactured sub- but will be added to or deducted from the stances, certain extracts, and certain mix. contract, as the case may be, is limited to tures and compounds, including such mix. things which, upon the conditions specified, tures and compounds with butter, shall be may be entirely left out of the building, and known and designated as "oleomargarine," does not extend to anything within the namely: All substances heretofore known specifications which the owner may elect to as oleomargarine, oleo, oleomargarine oil, take off the contractor's bands and perform butterine, lardine, suine, and neutral; all

himself. Shaver v. Murdock, 36 Cal. 293, mixtures and compounds of oleomargarine,

296. oleo, oleomargarine oil, butterine, lardine,

Code, $ 1990, making it criminal for suine, and neutral; all lard extracts and tal- public officers to willfully “omit or neglect low extracts; and all mixtures and com- to discharge” any of the duties of their ofpounds of tallow, beef fat, suet, lard, lard fice, will be construed not to include the oil, vegetable oil, annotto, and other color acts of the county commissioners in auditing ing matter, intestinal fat, and offal fat made accounts for and receiving a greater amount in imitation or semblance of butter, or, when of mileage than was due them.

State V. so made, calculated or intended to be sold Norris, 16 S. E. 2, 111 N. C. 652. as butter or for butter. U. S. Comp. St. 1901, p. 2228.

As concealment.

"Omission,” as used in a policy of inOLOGRAPHIC WILL.

surance which contained a condition that

any omission to make known every fact See "Holographic Will."

material to the risk should avoid the policy,

cream.

equivalent to "concealment.” Rumsey make provision in the will, and has no referv. Phænix Ins. Co. (U. S.) 1 Fed. 396, 398; ence to the pecuniary value of such proRamsey v. Same (U. S.) 2 Fed. 429, 431. vision. In re Callaghan's Estate, 119 Cal.

541, 51 Pac. 860. Any provision which afAs orror or mistako.

forded evidence that the child had not been Act 1854, providing that notwithstand forgotten is sufficient to prevent the appliing any mistake in the name or names, or cation of the statute relating to pretermitted omission to name the real owner, an assess children. The statute not being intended to ment shall be valid, etc., does not mean an produce equality or diminish the power of entire omission of the owner's name, but the testator, but merely to regulate its exermeans a mistaken name or the substitution cise, a vested remainder carrying with it a of a wrong owner for the real owner. Tin- vested right to property, though postponing dall v. Vanderbilt, 33 N. J. Law (4 Vroom) its actual enjoyment, does not show an omis38, 39.

sion to provide for the child to whom it is

devised. Allison v. Allison's Ex'rs (Va.) 44 "Omission," as used in Rev. St. c. 6, 8 S. E. 904, 917, 63 L. R. A. 920. 142, providing that any error, mistake, or omission by the assessors, collector, or treasurer shall not render the tax void, but any OMNIBUS. person paying such tax may bring his action against the town, and recover the sum

An omnibus is a very large kind of not raised for a legal object, should be con- coach, “which serves to carry passengers, strued in connection with the words “error" newspapers, and furniture.” Cincinnati, L. and “mistake,” which precede it, and be in- & S. Turnpike Co. v. Neil, 9 Ohio (9 Ham.) terpreted with reference to the rule of 11, 13. ejusdem generis. It was intended to signify an absence of the requisite formalities in ing of omnibuses, or vehicles in the nature

An ordinance providing for the licensassessments and commitments, and a failure thereof, applies to passenger street railway to observe the regulations of the statute cars, as they are omnibuses, or, if not, they which were intended to promote method, system, and uniformity in the mode of pro- They are open to all and intended for all,

are vehicles in the nature of omnibuses. ceeding. It was clearly never in the con; and the change of form from that of any. templation of the Legislature that it would thing known when the act of assembly was be extended to apply to cases of omission to passed is not a change in the nature of the include in the assessment all the property

vehicle. In one city, at least, of Europe, which ougbt to be taxed. Emery v. Inbabitants of Sanford, 43 Ati 116, 118, 92 Me. inate public use run sometimes upon a rail

large conveyances intended for indiscrim525

road track and at other times on the com

mon pavement. The form of the wheels or OMIT.

the character of the roadway over which a The term "omit,” in an insurance policy vehicle runs does not determine its nature providing that, if insured shall omit to com

so much as do the uses to which it is put municate any circumstances which are ma- and for which it was designed. Frankford terial to the risk, the insurance shall be of & P. Pass. Ry. Co. v. City of Philadelphia, Do force, has reference solely to the time 58 Pa. (8 P. F. Smith) 119, 125, 98 Am. Dec.

242. when the insurance is effected, and therefore the policy is not avoided by the subsequent omission of the insured to notify the com OMNIBUS BILL. pany that the risk has become more hazardous by reason of a more bazardous occu

Bills of a multifarious character are not pation being carried on therein. Pim v. inappropriately called “omnibus bills.” ParReid, 6 Man. & G. 1, 13.

kinson v. State, 14 Md. 184, 193, 74 Am. Dec.

522. "Omission to make known,” as used in a policy of fire insurance, providing that

Bills joining a number of different subit should be void for "omission to make jects in one, thereby putting the executive known a fact material to the risk,” cannot under compulsion to accept some enactments be construed to include a failure to make that he cannot approve, or to defeat the a full disclosure of the insured's interest in whole, including others that he thinks dethe premises when he applied for insurance. sirable or even necessary, are popularly Ramsey v. Phænix Ins. Co. (U. S.) 2 Fed, called "omnibus bills.” Commonwealth v. 429, 431.

Barnett, 48 Atl. 976, 977, 199 Pa. 161, 55 L.

R. A. 882. The words "omit to provide" in Civ. Code Cal. $ 1307, providing that when any tes The term "omnibus bills" is used to destator omits to provide in his will for any ignate legislative bills which include in one child, etc., means simply an omission to act various separate and distinct matters.

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