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ORGANIZED SCHOOL DISTRICT.

"Organized," as used in Laws 1893, c. 216, § 1, abolishing organized school districts, implies a school district organized and specially created by legislative act, with special powers made a part of its organization, or at least special powers coeval with its organization, and not one organized by the town. School Dist. No. 1 in Gorham v. Deering, 40 Atl. 541, 542, 91 Me. 516.

ORGANIZED VILLAGE.

The words "organized or incorporated," in Laws 1885, c. 185, § 2, providing that "any village which has been or shall be or ganized or incorporated under the general statutes shall be governed according to the provisions of this chapter, and to the end that uniformity of village government and equal privileges to all may be secured," should be liberally construed, so as to include all villages governed by the provisions of the general law, without regard to how they were first incorporated or brought into being. Flynn v. Little Falls Electric & Water Co., 78 N. W. 106, 74 Minn. 180.

ORIGINAL.

according to the custom of London. Under the statutes of North Carolina, carpenters' tools may be seized under an original attachment. Martindale v. Whitehead, 46 N. C. 64.

ORIGINAL BILL.

An original bill is one which relates to some matter not before litigated in the court by the same persons, and standing in the same interests. Longworth v. Sturges, 4 Ohio St. 690, 707; Butler v. Cunningham (N. Y.) 1 Barb. 85, 87.

A bill brought for the purpose of crosslitigation, or of suspending or reversing the same decree or order of court, or of obtaining the benefit of the former decree, is in the nature of an original bill. Longworth v. Sturges, 4 Ohio St. 690, 708.

Where a bill does not relate to some matter already litigated in the same court by the same persons, and which is not either in addition to, or a continuance of, the original suit, it is an original bill, and not an ancillary one, and, in order to confer jurisdiction on the federal court on the ground of diverse citizenship, the parties must be citizens of different states. Christmas v.

762.

“'Original' means pertaining to the be- Russell, 81 U. S. (14 Wall.) 69, 20 L. Ed. ginning or origin; the first or primitive form of a thing." Commonwealth v. Schollenberger, 27 Atl. 30, 33, 156 Pa. 201, 22 L. R. A. 155, 36 Am. St. Rep. 32; Haley v. State, 60 N. W. 962, 963, 42 Neb. 556, 47 Am. St. Rep. 718; State v. Southard, 29 S. W. 751, 60 Ark. 247.

The term "original," as used in the chapters relating to railroads and street railways, as applied to a street railway location in a city or town, means the first location granted to the company in such city or town. Rev. Laws Mass. 1902, p. 978, c. 111, § 1.

The terms "original bill" and "bills in the nature of an original bill" are used by the judges and text-writers in a restricted sense, and refer to the character of the plea, rather than that of the action or proceeding to which they apply. There is considerable

contrariety of opinion on the question whether bills of review and bills of impeachment

on the ground of fraud are or are not original bills.

are treated as strictly original bills, while in In Willard, Eq. Jur. 163, such bills Story, Eq. Pl., they are classed with those bills which are for the purpose of crosslitigation, or for the purpose of securing a ORIGINAL AMOUNT IN CONTRO- reversal of some decree or order of the court,

VERSY.

Const. art. 4, § 4, provides that the appellate jurisdiction of the Supreme Court shall not extend to civil actions at law for the recovery of money, when the original amount in controversy does not exceed $200. Held, that the word "original" is a word of plain import, meaning the amount originally in controversy or the amount sued for, and hence the appellate jurisdiction is governed by such amount, and not by that recovered. Bleeker v. Satsop R. Co., 27 Pac. 1073, 1074, 3 Wash. 77.

ORIGINAL ATTACHMENT.

An original attachment is a process given by statute to compel a defendant to appear. It is a continuation of a distringas-a common-law process, and a garnishment,

or carrying it into effect, and therefore are not original bills. Smithson v. Smithson, 56 N. W. 300, 302, 37 Neb. 535, 40 Am. St. Rep. 504.

ORIGINAL BILL IN THE NATURE OF
A BILL OF REVIEW.

Where the object of a bill is to impeach a final decree of an equity court, rendered at a former term, for alleged fraud, it is commonly called an "original bill in the na

ture of a bill of review." McDonald v. Pearson, 21 South. 534, 536, 114 Ala. 630.

ORIGINAL BILL IN THE NATURE OF
A SUPPLEMENTAL BILL.

"An original bill in the nature of a supplemental bill is properly applicable when

Civ.

new parties with new interests arising from, ORIGINAL CONTRACTOR.
events since the institution of the suit are
to be brought before the court, the latter
being to all intents and purposes the com-
mencement of a new suit, which, neverthe-
less, may in its consequences draw to itself
the advantage of the proceedings on the for-
mer bill." Bowie v. Minter, 2 Ala. 406, 411.
An original bill in the nature of a sup-
plemental bill "embraces in some degree the
qualities of an original bill and a supple-
mental bill. The foundation of a bill of this
description is an event occurring after the
commencement of a suit in a court of eq-
uity, which event is of such a nature that
the suit cannot be continued as to all the

"Original contractor," in Code
Proc. 1187, providing that every “original
contractor" claiming the benefit of the me
chanic's lien must file his claim within 60
days after the completion of the work, in-
cludes a person who has contracted to paper
and decorate several rooms in a dwelling
house, and to furnish the labor and material
therefor, and to receive what the labor and
material are reasonably worth, though no
set price was agreed. La Grill v. Mallard,
27 Pac. 294, 90 Cal. 373,

parties by a mere supplemental bill, and therefore, in regard to those parties, it partakes of the character of an original bill.

If the event determines the interest of one

of several defendants, and his interest becomes vested in another by a title not de rived from the former, as in the case of a determination of an estate for life and the vesting of a subsequent remainder, the remainderman must be brought in by an original bill in the nature of a supplemental bill, which, as to him, is an original bill, while as to the other defendants it is supplemental." Butler v. Cunningham (N. Y.) 1 Barb. 85, 87.

ORIGINAL CAPITAL STOCK.

The term "original capital stock," as used in Act Feb. 10, 1869, providing, in section 4, that, whenever it is ascertained that a toll road or turnpike pays a greater dividend than 10 per cent. per annum upon the original capital stock, the tolls are to be reduced until it meets 10 per cent. only upon its stock, means the amount of stock subscribed, or issued and sold, which has been actually expended for the accomplishment of the object of the road's charter; that is, the construction of the road. Bank Lick Turnpike Co. v. Phelps, 81 Ky. 613, 615.

ORIGINAL CONSTRUCTION.

"Original construction," as used with regard to railroads, has, as distinguished from "repairs," a technical meaning. It is that construction of bridges, grades, culverts, rails, ties, docks, etc., that is necessary to be done before the road can be open, or before they can be occupied or used; not such structures as are intended to replace old and worn-out counterparts. Cleveland, C. & S. Ry. Co. v. Knickerbocker Trust Co. (U. 8.) 86 Fed. 73, 76.

Paving a street with fire-clay brick in place of a macadamized road laid some 30 years before was an "original construction," within St. 3572, providing that an original construction of any street shall be made at the cost of the abutting owners. City of Catlettsburg v. Self (Ky.) 74 S. W. 1064, 1065.

Materialman.

in the law relative to mechanics' liens, inThe term "original contractors," as used cludes a person furnishing material, particularly to the owner. J. H. Baxter Lumber Co.

v. Nickell, 60 S. W. 450, 451, 24 Tex. Civ.

App. 519; Colorado Iron Works v. Riekenberg, 38 Pac. 651, 652, 4 Idaho, 262; Lane & Bodley Co. v. Jones, 79 Ala. 156, 160; Hearne v. Chillicothe & B. R. Co., 53 Mo. 324, 325.

The term "original contractor," within the meaning of the mechanic's lien law, giving original contractors four months to file their lien, includes any person contracting with the owner to furnish materials for the building or improvement of premises, if there is no contractor intervening between them. Whiteselle v. Texas Loan Agency (Tex.) 27 S. W. 309, 312; Matthews v. Wagenhaeuser Brewing Ass'n, 19 S. W. 150, 151, 83 Tex. 604.

An "original contractor," within the meaning of the mechanic's lien law, means one contracting with the owner to labor or to furnish material. The term cannot be limited to those doing service by way of work, labor, or superintendence upon the building in question. Ambrose Mfg. Co. v. Gaper, 22 Mo. App. 397, 401.

Materialmen furnishing materials directly to an owner, to be used in the construction of a building, are not "original contractors" within the meaning of the mechanic's lien law. Should every person who furnishes materials to an owner be regarded as an original contractor, it would follow that every mechanic working on the building for the owner should be regarded as an original contractor, and this, as will be readily seen, would result in very serious complications in determining who are original contractors and who are subcontractors. Sparks v. Butte County Gravel Min, Co., 55 Cal. 389, 392; Inmen v. Henderson, 45 Pac. 300, 301, 29 Or. 116.

Owner of tools.

Where the owner of certain tools rented them to the owners of a building, by whom they were used for the purpose of moving a

house from elsewhere onto the lots belonging ten application, acknowledged before a no to him, the owner of such tools was an “original contractor" within the meaning of the statute, providing that an original contractor may file a statement for lien within four months. Burke v. Brown, 10 Tex. Civ. App. 298, 30 S. W. 936.

ORIGINAL COST.

In a contract whereby A. agreed to deliver stock in a mining claim to B. at its "original cost," the amount of the stock to be of the value of a certain sum, the term "original cost" was intended by the parties to mean its cost to A. Eagan v. Clasbey, 13 Pac. 430, 434, 5 Utah, 154.

The terms "original cost" and "present value" are not equivalent. National Waterworks Co. v. Kansas City (U. S.) 62 Fed. 853, 865, 10 C. C. A. 653, 27 L. R. A. 827. There are other elements beside cost of reproduction or replacement which affect present value, and, as applied to a waterworks about to be condemned, it is proper to consider what the existing system can be reproduced or replaced for, as having some tendency to show the present value. But there are two additional elements-one that it is a completed structure connected with buildings prepared for use, and the other that the company is a going concern. Kennebec Water Dist. v. Waterville, 54 Atl. 6, 18, 97 Me. 185, 60 L. R. A. 856.

tary, and surrendering his certificate; that, if such change was approved by the board of managers, the secretary should issue him a new certificate; and that no change of beneficiaries should be made in any other way. The by-laws also provided that the benefit should be paid to such person or persons as the deceased member may have designated, as the same shall appear on the books of the association, and, if no designation had been made, then to his legal heirs or devisees. A certificate of membership was issued to the deceased without his having designated any beneficiary. Subsequently he went to the office of the association and verbally designated to the secretary four of his children as beneficiaries, and requested the secretary to make or enter such designation. Thereupon the secretary, in his presence, entered or recorded, in the book of the association kept for that purpose, the names of the four children as the beneficiaries, and assured the member that this was all that was necessary to be done. This entry remained in the records of the association, without objection, until the death of the member, six years afterwards. In a controversy between the four children and the other heirs of the deceased as to who were entitled to the benefit, it was held that the act of the member was an "original designation" as distinguished from a "change" of beneficiaries. Hanson v. Minnesota Scandinavian Relief Ass'n, 60 N. W. 1091, 59 Minn. 123.

See "Book of Original Entries."

ORIGINAL EVIDENCE.

"Original," as used in a contract of dissolution of a partnership, providing for an inventory of part of the stock at the original | ORIGINAL ENTRIES. or wholesale cost thereof, does not mean the cost the firm paid for it. The use of the word "original" seems to mean something more, and requires a going behind the price paid by the firm to an earlier or original price. Prima facie, therefore, it would seem to mean the price when the goods were first, 1. e., originally, bought for the purpose of being made part of the stock of the store, whether by the firm or by their predecessors in the business. This would seem to be the "original price" of the goods, considered as part of the stock to be inventoried, in reference to which the words were used in the writing. Holloway v. Frick, 24 Atl. 201, 202, 149 Pa. 178.

Original evidence is an original writing or material object introduced in evidence. Ann. Codes & St. Or. 1901, § 682.

ORIGINAL GIFT.

A gift to the issue is substitutional if the share which the issue are to take is by a prior clause expressed to be given to the parent of such issue, and a gift to the issue is an original gift when the share which the issue are to take is not by a prior clause

ORIGINAL DESIGNATION OF BENE- expressed to be given to the parent of such

FICIARIES.

The by-laws of a mutual benefit society, whose expressed object was "to aid and assist the widows and orphans of deceased members," provided that every applicant for membership should designate in his application the person or persons to whom, in the event of his death, the benefit should be paid; also that any member might change his beneficiary by sending to the secretary a writ

issue. Acken v. Osborn, 17 Atl. 767, 769, 45 N. J. Eq. 377.

ORIGINAL INDEBTEDNESS.

The term "original indebtedness," in a written receipt reciting the payment of certain_money to apply on a contract if the balance due on such contract should be paid as therein provided, otherwise to be applied on the original indebtedness of the party mak

ing the payment, held to refer to claims existing before the making of the receipt. Foster v. McGraw, 64 Pa. (14 P. F. Smith) 464, 469.

ORIGINAL INVENTOR.

"The term 'original inventor,' in patent law, is used to designate a pioneer in the art; one who evolves the original idea, and brings it to some successful, useful, and tangible result. Such a person is, by the law of patents, entitled to a broad and liberal construction of his claims, whereas an improver is only entitled to what he claims, and nothing more." Norton v. Jensen (U. S.) 90 Fed. 415, 422, 33 C. C. A. 141.

ORIGINAL JURISDICTION.

The phrase "original jurisdiction," as used in Rev. St. art. 2, c. 69, § 3, as amended, limiting the jurisdiction of the district court, and conferring upon it original jurisdiction in certain cases, means jurisdiction to entertain cases in the first instance, as distinguished from appellate jurisdiction. Castner v. Chandler, 2 Minn. 86, 88 (Gil. 68, 71).

vent Congress from conferring original jurisdiction in such cases also upon the subordinate courts of the Union, the term “original” not having the force of "exclusive." Bors v. Preston, 4 Sup. Ct. 407, 409, 111 U. S. 252, 28 L. Ed. 419; Pooley v. Luco (U. S.) 76 Fed, 146, 147.

Laws 1862, c. 18, providing that the several district courts of the state shall have original jurisdiction in all cases of mandamus, does not mean that such courts shall have exclusive jurisdiction thereof. Crowell v. Lambert, 10 Minn. 369, 372 (Gil. 295, 298).

ORIGINAL LOCATION.

Within the statute regulating the rights of street railways, the term "original location" is defined to mean the first location granted to the company in such city or town, so that an extension of an original location is not an original location. City of Springfield v. Springfield St. Ry. Co., 64 N. E. 577, 580, 182 Mass. 41.

ORIGINAL MACHINE.

Wherever the patent law speaks of "imfacturing, and not on manual labor. provement," it is on some machine of manuConsequently, an improvement of an article manufactured by manual labor is not, strictly speaking, an "invention," but an original machine. Evans v. Eaton (U. S.) 8 Fed. Cas. 856, 859.

Const. art. 6, § 6, declares: "The district courts shall have 'original' jurisdiction in law and equity in all civil cases where the amount in dispute exceeds $200; in all criminal cases not otherwise provided for, and in all issues of fact joined in the probate courts their jurisdiction shall be 'unlimited.'" In considering the question whether the word "unlimited" qualifies the character ORIGINAL MANUSCRIPT. of the jurisdiction fixed by the term "original," or whether it qualifies the specified limitation as to the amount in value fixed in the first paragraph of the section, the court said: "We are compelled to decide in favor of the latter proposition. The term 'original' is a general term of limitation, contradistinguished from the term 'appellate,' which latter defines the jurisdiction of the Supreme Court. If, therefore, a change in the general character of the jurisdiction was intended to take place in a certain class of cases, that change would have been designated by the use of the general term, which in all other parts is used for the purpose of conferring jurisdiction. It is also strictly in consonance with the proper use of language that where a limitation is removed, and there is an immediately prior specific limitation, the removal shall apply to the latter, and not be allowed to qualify a general term of limitation which is more remote in its position in the sentence." Reed v. McCormick, 4 Cal. 342, 343.

1410 (Rev. St. 1894, § 1476), the longhand By express provision of Rev. St. 1881, manuscript of the evidence taken by a stenographer is an "original manuscript or document" incorporated in the bill of exceptions, and hence may be treated as embraced within and constituting part of it, and cannot be construed to be a mere transcription of the evidence introduced at the trial. Zeis v. Passwater, 41 N. E. 796, 799, 142 Ind. 375.

As exclusive.

The constitutional grant of original jurisdiction to the federal Supreme Court in all cases affecting consuls is held not to pre

ORIGINAL MEETING.

According to parliamentary law, strictly speaking, an "original meeting" and an “adjourned meeting" constitute the same meeting; but it is held that in Gen. St. 1878, c. 13, §§ 49-53, relative to meetings of the board of county commissioners, and providing that, when a petition is made for the establishment, change, or vacation of a county road, the county auditor shall lay it before the board at their next session, and after the lapse of 30 days at the next meeting of the board they shall proceed to determine the prayer of the petition, the words "session" and "meeting" are not used in any strictly technical sense, but have referènce merely to a time when the board is lawfully con

vened and in session for the transaction of business. Burkleo v. County of Washington, 38 Minn, 441, 442, 443, 38 N. W. 108.

ORIGINAL NOMINATION.

Laws 1896, § 66, provides that, when no nomination shall have been originally made by a political party or by an independent body for an office, no committee of such party or independent body can nominate or substitute the name of another party or independent body for such office. By the use of the phrase "original nominations" in such section, the Legislature clearly meant the first nominations, as distinguished from those made to fill vacancies caused by death, resignation, or otherwise after the original first or primary nomination. Gillespie v. McDonough, 79 N. Y. Supp. 182, 185, 39 Misc. Rep. 147.

ORIGINAL NOTICE.

"Original notice," as used in Code, 2532, providing that the delivery of the original notice to the sheriff of the proper county with intent that it is to be served immediately is a commencement of the action, does not include a notice with the appearance day left blank, with the intention that the sheriff shall file the same as soon as convenient. Phinney v. Donohue, 25 N. W. 126, 127, 67

Iowa, 192.

ORIGINAL OUTFIT.

Converting a ship from her original destination with intent to commit hostilities, or, In other words, converting a merchant ship into a vessel of war, must be deemed an "original outfit" within the meaning of Act June 5, 1794 (1 Stat. 381), § 3, providing for the punishment of any person who shall within the waters of the United States fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, any ship or vessel to be employed, in the service of any foreign prince or state, to cruise or commit hostilities upon the subjects, citizens, or property of another foreign prince

or state with whom the United States are at peace. United States v. Guinet (Pa.) 2 Dall. 321, 328, 26 Fed. Cas. 53, 1 L. Ed. 398.

ORIGINAL OWNERS.

In an action by a corporation against the promoters thereof, who had induced the corporation to purchase from them oil lands by false representations that they had bought the lands for the company from original owners, and that the prices paid by the company were those paid to the original owners, and were low, when in fact the prices paid by them were about $75,000 less than the prices represented, and the amount received by

them from the company, the court said: "The words 'original owners' in the prospectus were not terms of art, science, or trade which required the aid of experts to explain. Nobody could well mistake their meaning. They simply imported that no profits were added to the prices paid by the company for their lands on account of any intermediate party or agent between it and the precedent owners of the soil. It excluded the idea of a purchase at a speculative price." Simons v. Vulcan Oil & Mining Co., 61 Pa. (11 P. F. Smith) 202, 220, 100 Am. Dec. 628.

ORIGINAL PACKAGE.

Original package or otherwise, see "Otherwise."

The character of the article shipped as an original package is determined by the condition of the package when delivered for shipment by the importer to and received by the railway company or transporter, and not by the acts of the latter after receipt of package by it without knowledge of the former. Tinker v. State, 11 South. 383, 384, 96 Ala. 115.

The definition of "original package" commonly accepted and believed to be correct is that it is a bundle put up for transportation or commercial handling, and usually consists of a number of things bound together convenient for handling and conveyance. In the case of State v. Winters, 44 Kan. 723, 25 Pac. 237, 10 L. R. A. 616, it is said: "The original package' was and is the package as it existed at the time of its It is quite apparent that the words 'original transportation from one state to another. package' have reference to the unit which the carrier receives, transports, and delivers as an article of commerce. The importer decides for himself the size of the package which he desires to import, and when he delivers it to the carrier for transportation he gives it the initial step; and from that time until sold in that form, or broken and transferred, it is the subject of interstate commerce; but when sold or broken, or when it changes form, it ceases to be an article of interstate commerce, and no longer enjoys this protection. The original package, then, is that package which is delivered by the importer to the carrier at the initial point of shipment in the exact condition in which it was shipped. If sold, it must be in the form. broken after such delivery, it by that act as shipped or received; for, if the package be alone becomes a part of the common mass of property within the state, and is subject to the laws of that state passed in virtue of w. 1041, 1043, 104 Iowa, 465, 39 L. R. A. 484, its police power." McGregor v. Cone, 73 65 Am. St. Rep. 522.

The term "original package" does not seem to have received, and, perhaps, is not

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