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indicted for trading with a slave, it shall

not be necessary for the state to aver or The words “along," "with," "by," or

prove," etc., means the prosecution of any "on" the shore line, mean on a line parallel

person. Hirschfelder v. State, 19 Ala. 534, with, and three miles from, the shore. Pol.

539. Code Cal. 1903, § 3907.

On the trial of a case, after the evidence

had been closed on both sides, and after the ON STOCKS.

arguments of the counsel had been delivered "In common understanding, an advance to it and the jury, the court permitted the or loan of money on stocks, bonds, bullion, plaintiffs to amend their declaration. The bills of exchange, or promissory notes is an statute provided that when, in the opinion advance or loan where these species of of the court, any informality exists in the property are applied as collaterals, or are declaration which shall affect the merits of bypothecated to secure the return of the a cause, the plaintiff shall be permitted to advance, or the payment of the sum lent.” amend on or before the trial of the cause. It is used in this sense in Rev. St. $ 3407, In construing defendant's objection that the providing that every person, firm, or com- amendment was allowed too late, the court pany having a place of business where mon said: “The amendment complained of here ey is advanced or loaned on stocks, bonds, must be construed as having been allowed bullion, etc., shall be regarded as a bank or within the time prescribed for the act, as a banker. Selden v. Equitable Trust Co., though perhaps done near to the close of the 94 U. S. 419, 421, 24 L. Ed. 249.

last hour. It was after the trial had been commenced, but being before the court had

charged the jury in regard to the law of the ON STORE.

case, and before any verdict was made or The words "on store,” in a receipt for ready to be delivered by the jury, it was cergrain delivered at a warehouse, ordinarily tainly done during the trial of the cause, and mean that the grain is sold to a miller or must therefore have been done on the trial warehouseman, and that the market price of it, which brings it, as to the trial, within is to be demanded at such time as suits the the express terms of the act.” Yohe v. Robperson leaving the grain, or the actual in- ertson (Pa.) 2 Whart. 155, 158. See, also, tention of the parties may be shown by parol. Franklin Fire Ins. Co. v. Findlay (Pa.) 6 Light v. Heilman (Pa.) 1 Pears. 537, 538.

Whart. 483, 497, 37 Am. Dec. 430.

A stipulation allowing the evidence in a ON THE TRAOK.

certain case to be read on the trial of an

other case applies to any trial of the case, The words “on the track," in Code, $whether the first or second, so long as nei1699, requiring a locomotive engineer, on per-ther party is relieved from the obligation by ceiving any obstruction on the track of the an application to the court. Herbst v. Vacroad, to use all means known to skillful en- uum Oil Co., 22 N. Y. Supp. 807, 68 Hun, 222. gineers in order to stop the train, mean an obstruction on the track of the road, against ON THEIR OWN RESPONSIBILITY. wbich the locomotive or train may strike wbile running its proper course and direc

A testator directed all of his estate to tion; and an animal, though near the road, be sold, and the proceeds divided into six and on the company's right of way, is not shares, to be paid to the legatees “on their an obstruction on the track of the road, own responsibility,” and they to use it durwithin the meaning of the statute.

East | ing their natural life, and at their decease Tennessee, V. & G. R. Co. v. Bayliss, 77 Ala. the said principal so paid to them, to be di429, 434, 54 Am. Rep. 69.

vided among their lawful heirs, share and

share alike. Held, that the words “on their An engine in a roundhouse for repairs is own responsibility” meant that the persons not upon a railroad track, within St. 1887, 8 entitled should receive the fund without 270, making the employer liable for injury giving security therefor, but that such conto an employé from negligence of an em-struction would not be given the words withployé in charge or control of an engine or out qualification, so that, where one of the train upon a railroad track; the words "upon sisters threatened to dispose of her share in a railroad track” contemplating the dangers order to defeat her son's interest therein, from a locomotive engine or train as a mov- she could be enjoined from so doing, and re ing body. Perry v. Old Colony R. Co., 41 N. quired to give security for the protection of E. 289, 164 Mass. 296.

the remainder-men. Sherman v. Sherman,

36 N. J. Eq. (9 Stew.) 125, 126. ON THE TRIAL.

ON TRIAL. The expression “on the trial of any person," as used in Act Feb. 7 1850, enacting The term "on trial," in St. 1863, c. 33, that "hereafter, on the trial of any person providing that, whenever any criminal case

shall be on trial at the end of any term, such lication of notice once a week for a certern shall be continued until such case is tain number of weeks may not cover & finished, is to be taken in its literal meaning, number of weeks equal to the number of and requires that the case must be actually times of publication. Thus, if the first day on trial before the court and jury at the end of the week should be the 1st day of the of the term. Commonwealth v. MacLellan, month, and if the notice should be published 121 Mass. 31, 32.

on the 7th, 14th, 21st, and 28th, it would be once a week for four weeks successively,

although it would not cover a period of ON A VOYAGE.

four weeks. Ratliff v. Magee, 65 S. W. 713, The phrases "at sea" or "on a voyage" | 714, 165 Mo. 461. or "on a passage” are equivalent in meaning; and, when either of them is used in a vided that, to impose an additional school

Where St. 1864-65, p. 422, c. 145, 8 35, promarine policy to describe the time during tax, an election should be called by posting which the liability of the insurer continues, notices for 20 days, and, if there is a newsit operates to continue the risk until the arrival of the vessel at the port of destination. paper in the county, by advertisement there Wales v. China Mut. Ins. Co., 90 Mass. (8 once a week for three weeks" do not re

in once a week for three weeks, the words Alen) 380, 383.

quire the call to be published 21 days be

fore the day of election, but three insertions ONCE.

upon three successive weeks, and at any

time in any of such weeks before the elecSee “At Once."

tion, are sufficient. State v. Yellow Jacket

Silver Min. Co., 5 Nev. 415, 431. Act Cong. July 7, 1838 (0 Stat. 288), relating to steamboats, and providing that Act June 16, 1836, 8 33, providing that an examination of their boilers must be made notice of a sheriff's sale by advertisement at least "once in every six months,” should shall be inserted "once a week during three be construed to mean that more than six successive weeks' previous to the sale, remonths must not elapse after one examina- quires the first notice to be at least 21 days tion before another is made. There must before the day of the sale; and bence a not at any time of the year be a period of six notice published any time in each week months within which an examination has for 3 weeks before the sale, in which the not been made. It is not sufficient if an first was less than 21 days before the date examination is made once in each six months of the sale, did not constitute a compliance of the year.

Virginia & M. Steam. Nav., with the statute. Erie Saving Fund & Co. v. United States (U. S.) 28 Fed. Cas. 1229, Building Ass'n v. Thompson (Pa.) 13 Pbila. 1230.

511; Francis V. Norris (Pa.) 2 Miles, 150,


Where a statute provided that public

notice of the time and place of the sale of 1 Rev. St. N. Y. c. 767, $ 24, requiring real property for taxes due to the city of notice of dissolution of a limited partnership, Washington shall be given by advertise previous to the time specified in the cer- ment inserted in some newspaper published tificate of its formation, to be published in said city "once in each week for at least once in each week for four weeks, requires 12 successive weeks," it must be advertised one publication, and then a repetition three for 12 full weeks, or 84 days. Early V. times after the first publication, at an in- Homans, 57 U. S. (16 How.) 610, 613, 14 L terval of seven days between each of the Ed. 1079. four times. In re King (U. S.) 14 Fed. Cas.

St. 1864–65, p. 422, c. 145, $ 35, providing 502.

that, in order to impose an additional school Code, $ 135, providing that publication tax, an election should be called by advertise of a summons shall not be made less than ment in a newspaper once a week for three once a week for six weeks, does not limit weeks, meant once during each week, con the publication to any particular day of the sisting of seven days, commencing with week; and, where the first publication was Sunday and ending with Saturday, on any made on Monday, it is not fatal to the pub- day of such week, and not that it should lication if the next publication is not made be published 21 days before the election. until Tuesday or any other day of the suc- State v. Yellow Jacket Silver Min Co., 8 ceeding week. Steinle V. Bell (N. Y.) 12 Nev. 415, 430. Abb. Prac. (N. S.) 171, 176; Ronkendorff v. Taylor, 29 U. S. (4 Pet.) 349, 361, 7 L. Ed.


See "Jeopardy." As requiring full number of weeks.

"Once a week” means once in a week; The plea of once in Jeopardy stands on once at any time within the week. A pub- | narrower, more technical, and less substan

tial ground than a plea of former acquittal foreign insurance companies doing business
and conviction. It only alleges that there within the state shall be confined to one
might have been a conviction or an acquittal class or kind of business, is equivalent to
if the judge trying the cause had not made a one class or kind of insurance, as used in
mistake in law which prevented a verdict. St, 1887, c. 214, $ 80; and the issuance of
It is of no consequence how many mis- policies insuring against accidents to the
takes he makes, if the trial results in a con- person of the assured, and of employer's lia-
Fiction. Mistakes can be corrected on a bility policies, is not the transaction of more
writ of error, and the defendant tried over than one class or kind of business, or one
again; but, if the mistake results in clos- class or kind of insurance. Employer's Lia.
ing the trial without a verdict, this is remedi. bility Assur. Corp. v. Merrill, 29 N. E. 529
less. Commonwealth v. Fitzpatrick, 15 Atl. 531, 155 Mass 404.
466, 468, 121 Pa. 109, 1 L. R. A. 451, 6 Am.
St. Rep. 757.



St. 1877, c. 250, § 1, relating to the arWhere a will directed that a trust be issued by a magistrate to the debtor to

rest of debtors, and providing that notice should be created for placing flowers on certain graves once in a while, such devise appear and submit himself to an examinawas held to be void for uncertainty. Angus ther that such notice may be served by

tion touching his estate, and providing fur1. Noble, 46 Atl. 278, 279, 73 Conn. 56.

leaving the same at his last and usual

place of abode not less than three days be ONE.

fore the time fixed for the examination, and

"one day additional for every 24 miles' See "Any One."

travel," means at the rate of one day addi

tional for every 24 miles traveled; and A bequest of one carriage will be con- hence, where the distance traveled is only strued to be a specific legacy on proof that a fraction of a mile, the time allowed need the testator only owned one carriage. Evo not be more than the corresponding fraction eritt v. Lane, 37 N. C. 548, 551.

of an hour. Stewart v. Griswold, 134 Mass. The phrase "one set of blacksmith 391, 392. tools," in a bequest of one set of black

Notice of taxation given before 9 o'clock smith tools, operates to create a specific legacy, if the testator only owns one set of p. m. of any day for the day following at such tools. Everitt v. Lane, 37 N. O. 648, 12 is "one day's notice,” within the rule of 551,

T. T. 1 Will. 4, § 12, requiring that, before taxation of costs, "one day's notice" shall

be given to the opposite party. Edmunds v. ONE BUILDING.

Cates, 4 Mees. & W. 66.
"One building," as used in a reinsur-
ance compact limiting the amount of insur-

Code Or. Proc. art. 554, directs that no ance on any one building or risk, in the defendant in a capital case shall be brought ordinary sense of that term, should be con- to trial until he has had one day's service strued to include a building five stories in of a copy of the names of persons sumheight, containing three stores, the outer moned under a special venire facias. Held, wall of which building was

that “one day's service" meant that both

common to each of the stores, the several floors being the day of the service and the day of the on the same level; and, while two parti- trial must be excluded; that at least one tion walls divided the building into three entire day must intervene between the day rooms or compartments on each floor, there on which the service was had and the day were large doors in each of these walls be on which the trial begins. Speer v. State, tween the several compartments in each 2 Tex. App. 246, 253. of the five stories, used for the purpose of the passage of persons and the removal ONE DAY AFTER. of goods from one store to another or others on each floor, the whole structure being un

The declaration set out a note payable der one management and devoted to the one day after date," and the note prosame uses, the storage of non-fibrous mer- duced read, “Payable one day after," the chandise. German-American Ins. Co.

word date being omitted. In considering Commercial Fire Ins. Co., 11 South. 117, 118, the objection that this was not the note 95 Ala. 469, 16 L. R. A. 291.

declared on, the court said: "This variance

is altogether too immaterial to be regarded. ONE CLASS OR KIND OF BUSINESS.

The court will supply the word 'date,' and

intend that the note was payable one day "One class or kind of business," as used after its date." White v. Word, 22 Ala. 142, in Pub. St. C. 119, $ 201, providing that 445.

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and complete the building, to furnish all

the material, and to do all the work on it. Where a defendant was charged with The word "general” is used with reference selling intoxicating liquor at retail, with to two or more separate buildings, so that, out a license, in less quantities than a quart, to support a claim of lien on all of them, and the evidence of the prosecuting witness the contract must be entire, so as to include was that defendant sold to him one drink them all, in order to connect them and make of whisky, the jury were entitled to find them one for the purpose of the llen. Menthat “one drink of whisky” meant a quanti- zel v. Tubbs, 53 N. W. 653, 654, 51 Minn. 361, ty less than a quart, without evidence of 17 L. R. A. 815. that fact; and therefore an instruction that the jury must find, before they could con- The term "one general contract," in a vict, that one drink was a less quantity than mechanic's lien law, providing that only one a quart, and that, if there was no evidence mechanic's lien shall be necessary where the of that fact, they could not convict de- separate buildings on which the lien is fendant, was properly refused. Feigel v. claimed shall be erected upon one general State, 85 Ind. 580; Hamilton v. State, 103 contract, includes contract to roof 29 Ind. 96, 100, 2 N. E. 299, 302, 53 Am. Rep. houses, more or less, at $170 each, and the 491.

fixing of the rate of compensation does not

convert it into various distinct and separate ONE FOOT HIGH.

contracts. Bulger v. Robertson, 50 Mo. App.

49, 503. A contract to deliver a number of trees not less than one foot high is ambiguous, ONE-HORSE OART. as to whether the trees should be measured in length only to the top of the ripe wood,

The term "one-horse cart," as used in rejecting the green, immature tops, or wheth-Act April 1, 1800, relating to tolls, does er the measurement should include such not include a light, one-horse wagon, with a green, immature tops, and hence evidence of firm box, swelled sides, painted in imitation a custom is admissible to explain such am- of panel work, a crooked bolster, a chair biguity. Barton v. McKelway, 22 N. J. Law seat with wooden springs, in which were (2 Zab.) 165, 174.

two passengers, a trunk, a box, a bag of oats, and a bottle. Pardee v. Blanchard (N.

Y.) 19 Johns. 442, 444. ONE-FOURTH.

The conveyance of one-fourth of a tract ONE-HORSE WAGON. of land, without designating by metes and bounds or otherwise locating the part con

A half interest in a two-horse wagon 18 veyed, vests in the grantee, and those claim. not "one one-horse wagon," within the meaning under bim, the title to one-undivided ing of the statute exempting from execufourth of the whole tract, as tenant in com

tion one one-horse wagon. Kirksey y. Rowe, mon with the grantor. McCaul v. Kilpat

40 S. E. 990, 114 Ga. 893, 88 Am. St. Rep. 65. rick, 46 Mo. 434, 437.


The fact that a tract of land is de

scribed as one league square refers only Poor Act, § 1, Rev. 834, providing that a

to contents, and not to shape. "A tract of pauper must dwell in a township for one land of one square league” does not, as a full year in order to obtain a legal settle ment there, means a dwelling for a full whatever. Muse v. Arlington Hotel Co. (U.

term of description, suggest any boundary year continuously and without any inter

S.) 68 Fed. 637, 643. ruption. Eatontown Inhabitants of Shrewsbury, 6 Atl. 319, 320, 49 N. J. Law (20 Vroom) 188.


The phrase "one lot," 18 employed in ONE GENERAL CONTRAOT.

the statute exempting a homestead consistAs used in Gen. Laws 1889, c. 200, $ 7; lot, cannot be construed as applying to an

ing of a quantity of land not exceeding one providing that when a person shall furnish undivided half of two lots. labor or material for buildings united to 16 Minn, 159, 162 (G11. 142, 144).

Ward v. Hubn, gether, and situated on the same or contiguous lots, or separate buildings on con- Where an act providing that a debtor's tiguous lots, pursuant to the purposes of homestead should be exempt from execuone general contract with the owner or jointtion stated the exemption as including one owners, it shall not be necessary to file a town or city lot, the word "one" should not separate lien on each building, the phrase be construed as limiting the exemption absoone general contract" cannot be construed lutely to one lot, according to the plat and to mean an entire contract to wholly erect survey of the town or city, but as meaning


a lot or piece of ground in the town or city | ONE-THIRD THE CAPITAL SUM.
on which the head of the family has its
dwelling place, with the appurtenances, no

Where a will provided that, when tesmatter whether it contains more or less than tator's son should attain the age of 21 years, one of such lots. Wassell v. Tunnah, 25 Ark. bis executors should pay him one-third of

the capital sum “or balance then remain101, 103.

ing," it was held that testator evidently A memorandum of sale headed, “In- meant that one-third of his whole residuary voice of Articles Purchased by A. of B," estate should pass. Forsyth v. Forsyth, 46 with the date, and containing the item, "One N. J. Eq. (1 Dick.) 400, 406, 19 Atl. 119, 121. icehouse and lot, $140," is void, under the statute of frauds, as to the icehouse and lot, ONE-THIRD NEW FOR OLD. by reason of uncertainty in the description of the property. Pipkin v. James, 20 Tenn. The deduction of "one-third new for old," (1 Humph.) 325, 326, 34 Am. Dec. 652. made in favor of the insurers when an in

jured vessel is repaired at the insurer's inONE PINT.

stance, is a deduction allowed upon the sup

position that the vessel after being repaired An allegation in an indictment for sell- is in better condition than she was at the ing liquor without a license that defendant commencement of the voyage, in consequence sold one pint means that he sold that par- of new materials having been substituted for ticular quantity, and no

State v. old. Byrnes v. National Ins. Co. (N. Y.) 1 Bach, 36 Minn. 234, 30 N. W. 764.

Cow. 265, 274.




Const. art. 5, § 7, providing that a dis-
trict judge shall hold the regular terms of

"One thousand eight hundred and nine court at one place in each county in the dis- seven," as used in an indictment charging trict twice a year, does not mean one town the commission of an offense on that date, or one house, but means the place prescribed means "one thousand eight hundred and by law—the county seat. Lytle v. Halff, 12 ninety-seven," and the indictment is sufS. W. 610, 613, 75 Tex. 128.

ficient. Wood v. State (Tex.) 51 8. W. 235.



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In the case of Bones v. Booth, 2 W. Bl. Where a house was hired at 20 guineas 1227, involving the construction of a stat a year, to be paid weekly, and either landute making the winning of £10 at any one lord or tenant to be at liberty to determine time or sitting a nullity, Justice Blackstone the tenancy at three months' notice from said that "one sitting" means a course of any quarter day, this was a renting of a play where the company never parts, though tenement for "one whole year," within the the person may not be gaming the whole meaning of St. 6 Geo. iv, c. 57, relating to time; and it was held that playing from a gaining of settlements by paupers by such Monday evening to Tuesday night without renting. The King v. Inhabitants of Herstinterruption, except for an hour or two at monceux, 7 Barn. & C. 551. dinner-the persons gaming never having parted company during such time-consti.

"One whole year at the least," in a tuted one sitting. Trumbo v. Finley, 18 s. statute, bas exactly the same effect as the C. 305, 311.

phrase "one whole year," and in either case a portion of a day is, for the purpose of

computation, to be reckoned a whole day. ONE TAKING.

Reg. v. Inhabitants of St. Mary, Warwick, "One taking," within the meaning of the 1 El. & Bl. 816, 828. rule that an indictment for larceny, of a single count, must charge but one taking, ONE YEAR. has no reference to a taking at any one time, and describes such a taking, even

One or more years," within Act March though a number of articles were taken at 21, 1772, authorizing a proceeding by a landsuch time. State v. Newton, 42 Vt. 537, 539. lord where a tenant under a term of one or

more years holds over, includes a lease for "One taking,” within the meaning of nine months, or any time certain less than the rule that but one taking can be alleged a year. The mischief which the law inin a single count of an indictment for lar- tended to remedy was that where tenants ceny, includes the act of taking several arti- unjustly held possession after the expiracles of property, though owned by different tion of their leases. The injury was fully persons, if they are taken at the same time. as great if possession was withheld after a State v. Smith, 10 Ohio Dec. 682.

lease for nine months as after the expira

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