OFFICER

1327

OFFICER

"Officer of the COURT," s. 58, Jud. Act, 1873; V. Re Palmer, 63 L. T. 302. V. SUMMARY JURISDICTION.

"Chief Officer of Customs "; V. CHIEF.

"Officer of the Fishery "; Stat. Def., Herring Fisheries (Scot) Acts, 1860, and 1867, 23 & 24 V. c. 92, s. 2; 30 & 31 V. c. 52, s. 11.

"Head Officer," R. 8, Ord. 9, R. S. C., does not include the London Agent of a Foreign Co (Nutter v. Messageries Maritimes, 54 L. J. Q. B. 527: Haggin v. Comptoir d'Escompte, 23 Q. B. D. 519; 58 L. J. Q. B. 508: Golding v. La Sainte Union, 67 L. T. 309, 605; 9 Times Rep. 1). Vf, Mackreth v. Glasgow & S. W. Ry, 42 L. J. Ex. 82; L. R. 8 Ex. 149, on same phrase in s. 16, Com. L. Pro. Act, 1852: Cp, PRINCIPAL OFFICER. Officer of Justice; V. MALICE AFORETHOUGHT.

"Medical Officer "; V. MEDICAL.

Constable, Headborough, or OTHER Officer," s. 6, 24 G. 2, c. 44, includes a Churchwarden, or a Gaoler (Butt v. Newman, Gow, 97, cited by Lindley, L. J., 21 Q. B. D. 367).

V. PAROCHIAL OFFICER: POLICE.

"Officer of the POST OFFICE"; Stat. Def., Post Office (Offences) Act, 1837, 1 V. c. 36, s. 47.

"Postal Officer "; Stat. Def., Mail Ships Act, 1891, 54 & 55 V. c. 31, s. 9.

V. PRINCIPAL OFFICER.

Proper Officer "; Stat. Def., Inland Revenue Act, 1880, 43 & 44 V. c. 20, s. 2; Spirits Act, 1880, 43 & 44 V. c. 24, s. 3: "Proper Officer of Inland Revenue," V. 39 & 40 V. c. 36, s. 284: "Proper Officer of the Recorder's Court," V. Petty Sessions (Ir) Act, 1851, 14 & 15 V. c. 93, s. 44. "QUALIFIED Officer "; Stat. Def., Army Act, 1881, s. 122 (6). "Registration Officer "; Stat. Def., Corrupt and Illegal Practices Prevention Act, 1883, s. 64, 68.

"Responsible Officer"; V. RESPONSIBLE.

V. RETURNING OFFICER.

"Officer of a SHERIFF," s. 20 (2), 50 & 51 V. c. 55, means, an Officer acting on a Sheriff's behalf; a Sheriff's Officer is not entitled to sue in his own name for expenses under the section (Smith v. Broadbent, 1892, 1 Q. B. 551; 61 L. J. Q. B. 490; 66 L. T. 260; 40 W. R. 332).

"Officers and Crew," quà Naval Agency and Distribution Act, 1864, 27 & 28 V. c. 24, includes, "all flag officers, commanders, and other officers, engineers, seamen, marines, soldiers, and others, on board any of Her Majesty's Ships of War" (s. 2); so, of the Naval Prize Act, 1864, 27 & 28 V. c. 25 (s. 2). V. CREW.

"Officers and Troops of Her Majesty's Army," in the Indian Prize Money Act, 1866, 29 & 30 V. c. 47, does not include "officers and soldiers of Her Majesty's European or Native Indian Forces" (s. 4).

V. COMMANDING OFFICER: NON-COMMISSIONED OFFICER: SUPERIOR OFFICER: PAID OFFICER: PUBLIC OFFICER: SEA FISHERY.

OFFICIAL

1328

OFFSPRING

OFFICIAL." Official Administrator"; Stat. Def., 56 & 57 V. c. 5,

s. 29.

"Official House," quà Westminster Abbey Act, 1888, 51 & 52 V. c. 11, means, any house, building, and premises, to the exclusive occupation of which a person is entitled by reason of his being a Dean, Canon, or Member, of the collegiate establishment of the Dean and Chapter of Westminster" (s. 8).

"Official House of a Marriage Officer "; Stat. Def., Foreign Marriage Act, 1892, 55 & 56 V. c. 23, s. 24.

"Official Import Lists, and Official Export Lists"; Stat. Def., Customs Consolidation Act, 1876, 39 & 40 V. c. 36, s. 284.

The entry of a Capture or Embargo in Lloyd's Loss-Book is sufficient proof of the "receipt of Official News" of the occurrence, quà a Marine Insrce (Fowler v. English & Scottish Mar. Insrce, 18 C. B. N. S. 818; 34 L. J. C. P. 253).

-

Official RECEIVER in Bankry, was established, and his duties prescribed, by Part 4, Bankry Act, 1883; Vh, R. 321-339, Bankry Rules, 1886: Wms. Bank. 277, 470-476: Robson, 65–73: Official Receiver in the Winding-up of Companies; V. s. 26, Comp Winding-up Act, 1890, and the Rules of Nov 1890 made pursuant thereto; he alone is entitled to be styled "Official Liquidator" (s. 4, Comp Winding-up Act, 1890). Official Referee," established by s. 83, Jud. Act, 1873, and his duties prescribed by Part 8, Ord. 36, R. S. C.; V. Ann. Pr.

Official Solicitor; V. 23 & 24 V. c. 149, ss. 2-6: Dan. Ch. Pr. 723, 724: Moutrie v. Mitchell, 1901, 1 K. B. 596; 70 L. J. K. B. 401.

"Official Trustees"; Stat. Def., Mun Corp Act, 1883, s. 27: "Official Trustee of Charity Lands," V. s. 15, 18 & 19 V. c. 124; "Official Trustees of Charitable Funds," s. 18, Ib., s. 4 (1), 50 & 51 V. c. 49. Cp, JUDICIAL TRUSTEE.

OFFICIATE. - To "Officiate as a Clergyman" means, the public performance of the service of the Established Church, in accordance with the laws regulating it (per Hardwicke, C., Trebec v. Keith, 2 Atk. 498). "The ordinary meaning," and also as used in s. 48, 1 & 2 V. c. 56, — "of 'officiate' is to do the duty of his Office,' and the extent of the duty will be exactly in proportion to the sphere of that duty" (per Crampton, J., R. v. Poor Law Commrs, 3 Ir. Com. Law Rep. 160: Vƒ, Ib. 2 Jebb & Sy. 721 on “Officiating Clergyman "). V. FIT.

V. REGULAR CLERGYMAN.

OFFICIOUS.-V. INOFFICIOUS.

OFFSPRING. “When a man uses the terms 'Offspring,' 'Issue,' or 'Descendants,' they are vague expressions which no doubt, on the particular context, may mean 'children,' or remote descendants; but, primâ facie, it can hardly be supposed to mean 'Children' when that

OFFSPRING

1329

OLERON

simple word is so obvious a one to use. The word 'Offspring,' in its proper and natural sense extends to any degree of lineal descendants and has the same meaning as 'Issue "" (per Kindersley, V. C., Young v. Davies, 32 L. J. Ch. 373; 2 Dr. & Sm. 167; 9 Jur. N. S. 399: Va, Thompson v. Beasley, 24 L. J. Ch. 327; 3 Drew. 7; 2 Jarm. 101, n). V. ISSUE: DESCENDANTS.

In Lister v. Tidd (29 Bea. 618), "Offspring" was construed "Children," to the exclusion of grandchildren; so, per Byrne, J., Tabuleau v. Nixon, W. N. (99) 115; 107 Law Times, 324. V. CHILD.

OFTEN.-V. AS OFTEN AS.

OIL." Oil," s. 4, Tobacco Act, 1842, 5 & 6 V. c. 93, means, "Olive Oil and Essential Oil only" (s. 27, 42 & 43 V. c. 21).

OLD AGE. As regards relief by a FRIENDLY SOCIETY, " Old Age," means, "any age after 50" (s. 8 (1 a), Friendly Soc. Act, 1896).

OLD AND WORN-OUT.-V. SICK.

OLD BOROUGH. Stat. Def., Boundary Act, 1868, 31 & 32 V. c. 46, s. 3: Cp, NEW BOROUGH.

OLD BUILDING.-In Metrop Management and Building Acts; V. Tear v. Freebody, 4 C. B. N. S. 228.

V. NEW BUILDING.

OLD CORPORATION.-Stat. Def., 36 & 37 V. c. 41, s. 2.

OLD INCLOSURES. This phrase is, ordinarily, equivalent to Old Inclosed Land," or Old Closes "; and in that ordinary sense it is used in s. 62, Inclosure Act, 1845, 8 & 9 V. c. 118 (Hornby v. Silvester, 57 L. J. Q. B. 558; 20 Q. B. D. 797; 59 L. T. 666; 36 W. R. 679; 52 J. P. 468). I find the term, 'ANCIENT INCLOSURES' and 'Old Inclosures' almost invariably used in private Inclosure Acts to denote inclosed lands in the ordinary sense of the words " (per Lopes, L. J., lb.).

V. INCLOSED LANDS.

OLD MARK.-V. Richards v. Butcher, and Re Hopkinson, cited TRADE-MARK, and Birmingham Vinegar Co v. Powell, cited TRADE NAME.

OLD METALS.-V. DEALER.

OLD RENT.-V. ACCUSTOMED RENT.

OLERON. "Laws of Oleron" so called because they were made by King Richard 1 when he was in the Island of that name; they relate to maritime affairs (Co. Litt. 260 b: 1 Bl. Com. 418, 4 Ib. 423).

O'LOCHLEN'S ACT 1330

ON

Coleman O'LOCHLEN'S ACT.- Policies of Assurance Act, 1867, 30 & 31 V. c. 144.

OMISSION.

An "Omission" to perform a duty involves the idea that the person to act is aware that performance is required or needful (Lond. & S. W. Ry v. Flower, 45 L. J. C. P. 54; 1 C. P. D. 77). V. DONE. Cp, Somerset v. Wade, cited SUFFER.

Omission, in a Bankry Proof of Debt, to value a Security; V. per Collins, L. J., Re Piers, cited INADVERTENCE.

"Omission," in Conditions of Sale; V. ERROR.

"Accidental Slip or Omission "; V. ACCIDENTAL.

s. 232, 20 & 21 V. c. 60;

OMIT. To "omit" performing a CONDITION to a gift is a wider word than to "refuse or NEGLECT" to do so (per North, J., Partridge v. Partridge, 1894, 1 Ch. 351; 63 L. J. Ch. 122; 70 L. T. 261). V. REFUSAL.

A Condition making an Insrce void if the insurer "omits to communicate any material circumstance, relates to the circumstances existing at or before the execution of the Policy (Pim v. Reid, cited ALTERATION).

OMITTED. — An " Omitted " Interest in Lands, s. 124, Lands C. C. Act, 1845, is one (as the section says) omitted "by mistake"; Vth, Thomas v. Barry Dock Co, 5 Times Rep. 360.

Notwithstanding anything " omitted," as used in a Covenant for Title; V. David v. Sabin, cited TITLE.

OMNIBUS. For the lengthy def of "Omnibus," quà Town Police Clauses Acts, 1847 and 1889, V. s. 3 of the latter Act. By its subs. 2 that def is adopted for s. 6, Finance Act, 1897, with the addition that there "Omnibus" shall also "include a STAGE CARRIAGE,' within the meaning of the Metropolitan Public Carriage Act, 1869."

V. HACKNEY CARRIAGE: CARRIAGE: DRIVE: TRAMWAY.

ON. - Where there is a devise to A. in fee, and if he "DIES WITHOUT ISSUE," then, “at," or or on, upon," his death, over; A. takes an estate in fee with an executory devise over in case he leaves no issue living at his death (Doe d. King v. Frost, 3 B. & Ald. 546: Ex p. Davies, 21 L. J. Ch. 135; 2 Sim. N. S. 114: Parker v. Birks, 24 L. J. Ch. 117; 1 K. & J. 156: Coltsmann v. Coltsmann, L. R. 3 H. L. 121; in thle the words were "die without heirs of the body "). But if the phrase is "after" his death, over, that is not quite so strong (per Wood, V. C., Parker v. Birks, 1 K. & J. 165), pointing, as it does, less precisely to the moment of his death; and accordingly the construction,

ON

1331 ON ACTIVE SERVICE

in the latter case, will frequently give A. an estate tail (Walter v. Drew, 1 Comyn, 372: Doe d. Cock v. Cooper, 1 East, 229: Jones v. Ryan, 9 1r. Eq. Rep. 249: Vƒ, 2 Jarm. 516–522).

"If an estate be vested in trustees upon trust for A. for life, and 'on the decease of A.' to sell, the trustees have no power to sell during the life of A., however beneficial it may be to the parties interested in the trust (Johnstone v. Baber, 8 Bea. 233: Blacklow v. Laws, 2 Hare, 40: Mosley v. Hide, 17 Q. B. 91; 20 L. J. Q. B. 539: Want v. Stallibrass, L. R. 8 Ex. 175; 42 L. J. Ex. 108). But if an estate be devised to A. for life and after her decease to trustees upon trust to sell 'as soon as conveniently may be after the testator's decease,'-the trustees, with the concurrence of A., can make a good title (Mills v. Dugmore, 30 Bea. 104)." Lewin, 492.

The power to grant Alimony " On any such Decree," s. 32, Matrimonial Causes Act, 1857, 20 & 21 V. c. 85, " if not confined to the time of making the Decree, must mean shortly after" (per Jessel, M. R., Robertson v. Robertson, 8 P. D. 96; 48 L. T. 591; 31 W. R. 652).

Though "on," or " upon," a Date or Event may, primâ facie, have an inclusive meaning, yet either word will mean "before," "simultaneously with," or "after," according to the context and subject-matter (V. UPON).

I can find no distinction ever drawn between tenancies commencing 'at' a particular time, or 'on' a particular day, or 'from' the same day. 'At,' 'on,' 'from,' or 'on and from,' are, for this purpose, equivalent expressions. Any distinction between them for such a purpose is far too subtle for practical use" (per Lindley, L. J., Sidebotham v. Holland, 1895, 1 Q. B. 378; 64 L. J. Q. B. 204; 72 L. T. 62; 43 W. R. 228; 11 Times Rep. 154). V. FROM.

Charged "on"; V. CHARGED.

Order made

on a person;

"Served on "; V. SERVED.

V. IN WRITING.

V. AFTER: AS AND WHEN: AT: IMMEDIATELY: IN RESPECT OF: ON OR BEFORE: PASSING: UPON: WHEN.

"On" is also frequently used, like " UPON," elliptically as expressing a Condition Precedent; e. g. several of the succeeding definitions.

ON ACCOUNT OF.-V. FOR: ON BEHALF ON THE ACCOUNT.

ON ACTIVE SERVICE.-Quà Army Act, 1881, and "if not inconsistent with the context, the expression On Active Service,' as applied to a person subject to MILITARY LAW, means, whenever he is attached to or forms part of a Force which is engaged in operations against the ENEMY, or is engaged in Military Operations in a country or place wholly or partly occupied by an Enemy, or is in Military Occupation of any foreign country" (s. 189, subs. 1).

Cp, ACTUAL MILITARY SERVICE.