OMNIUM, mercant. law. A term used to express the aggregate1 value of the dif- ferent stocks in which a loan is usually funded. 2 Esp. Rep. 361; 7 T. R. 630.
ONERARI NON. The name of a plea by which the defendant2 says that he ought not to be charged. lt is used in an action of debt. 1 Saund. 290, n. a.
ONERIS FERENDI, civil law. The name of a servitude by which the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbor.
2. The owner of the servient building is bound to repair and keep it sufficiently3 strong for the weight it has to bear. Dig. 8, 2, 23; 2 Bouv. Inst. n. 1627.
ONEROUS4 CAUSE, civil law., A valuable consideration.
ONEROUS CONTRACT, civil law. One made for a consideration given or promised, however small. Civ. Code of Lo. art. 1767.
ONEROUS GIFT, civil law. The gift of a thing subject to certain charges which the giver has imposed on the donee. Poth. h. t.
ONUS5 PROBANDI, evidence. The burden of the proof.
2. It is a general rule, that the party who alleges6 the affirmative of any proposition shall prove it. It is also a general rule that the onus probandi lies. upon the party who seeks to support his case by a particular fact of which he is supposed to be cognizant; for example, when to a plea of infancy7, the plaintiff replies a promise after the defendant had attained8 his age, it is sufficient for the plaintiff to prove the promise and it lies on the defen-dant to show that he was not of age at the time. 1 Term. Rep. 648. But where the negative, involves a criminal omission9 by the party, and consequently where the law, by virtue10 of the general principle, presumes his innocence11, the affirmative of the fact is also presumed. Vide 11 Johns. R. 513; 19 Johns. R. 345; 9 M. R. 48; 3 N. S. 576.
3. In general, wherever the law presumes the affirmative, it lies on the party who denies the fact, to prove the negative; as, when the law raises a presumption12 as to the continuance of life; the legitimacy13 of children born in wedlock14; or the satisfaction of a debt. Vide. generally, 1 Phil. Ev. 156: 1 Stark15. Ev. 376; Roscoe's Civ. Ev. 51 Roscoe's Cr. Ev. 55; B. P. 298; 2 Gall16. 485; 1 McCord, 573; 12 Vin. Ab. 201; 4 Bouv. Inst. n. 4411.
4. The party on whom the onus probandi lies is entitled to begin, notwithstanding the technical form of the proceedings17. 1 Stark. Ev. 584; 3 Bouv. last. n. 3043.
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