英文法律词典 O-15

ORATOR¹, practice. A good man, skillful in speaking well, and who employs a perfect eloquence² to defend causes either public or private. Dupin, Profession d'Avocat, tom. 1, p. 19..

2. In chancery, the party who files a bill calls himself in those pleadings your orator. Among the Romans, advocates were called orators³. Code, 1, 8, 33, 1.

ORDAIN⁴. To ordain is to make an ordinance⁵, to enact⁶ a law.

2. In the constitution of the United States, the preamble⁷. declares that the people "do ordain and establish this constitution for the United States of America." The 3d article of the same constitution declares, that "the judicial⁸ power shall be vested in one supreme⁹ court, and in such inferior courts as the congress may from time to time ordain and establish. "See 1 Wheat. R. 304, 324; 4 Wheat: R. 316, 402.

ORDEAL¹⁰. An ancient superstitious¹¹ mode of tribal¹². When in a criminal case the accused was arraigned¹³, be might select the mode of trial either by God and his country, that is, by jury; or by God only, that is by ordeal.

2. The trial by ordeal was either by fire or by water. Those who were tried by the former passed barefooted and blindfolded¹⁴ over nine hot glowing ploughshares; or were to carry burning irons in their hands; and accordingly as they escaped or not, they were acquitted¹⁵ or condemned¹⁶. The water ordeal was performed either in hot or cold water. In cold water, the parties suspected were adjudged innocent, if their bodies were not borne up by the water contrary to the course of nature; and if, after putting their bare arms or legs into scalding water they came out unhurt, they were taken to be innocent of the crime.

3. It was impiously supposed that God would, by the mere¹⁷ contrivance of man, exercise his power in favor of the innocent. 4. Bl. Com. 342; 2 Am. Jur. 280. For a detailed¹⁸ account of the trial by ordeal, see Herb. Antiq. of the Inns of Court, 146.

ORDER, government. By this expression is understood the several bodies which compose the state. In ancient Rome, for example, there were three distinct orders; namely, that of the senators, that of the patricians¹⁹, and that of the plebeians²⁰.

2. In the United States there are no orders of men, all men are equal in the eye of the law, except that in some states slavery has been entailed²¹ on them while they were colonies, and it still exists, in relation to some of the African race but these have no particular rights. Vide Rank.

ORDER, contracts. An indorsement or short writing put upon the back of a negotiable bill or note, for the purpose of passing the title to it, and making it payable²² to another person.

2. When a bill or note is payable to order, which is generally expressed by this formula, "to A B, or order,"or" to the order of A B," in this case the payee, A B may either receive the money secured by such instrument, or by his order, which is generally done by a simple indorsement, (q. v.) pass the right to receive it to another. But a bill or note wanting these words, although not negotiable, does not lose the general qualities of such instruments. 6 T. R. 123; 6 Taunt²³. 328; Russ. & Ry. C. C. 300; 3 Caines, 137; 9 John. 217. Vide Bill of Exchange; Indorsement.

3. An informal bill of exchange or a paper which requires one person to pay or deliver to another goods on account of the maker²⁴ to a third party, is called an order.