OVERSMAN, Scotch1 law. A person commonly named in a submission2, to whom power is given to determine in case the arbiters3 cannot agree in the sentence; sometimes the nomination4 of the oversman is left to the arbiters. In either case the oversman has no power to decide, unless the arbiters differ in opinion. Ersk. Pr. L. Scot. 4, 3, 16. The office of an oversman very much resembles that of an umpire.
OVERT5. Open. An overt act in treason is proof of the intention of the traitor6, because it opens his designs; without an overt act treason cannot be committed. 2 Chit: Cr. Law, 40. An overt act then, is one which manifests the intention of the traitor, to commit treason. Archb. Cr. Pl. 379 4 Bl. Com. 79.
2. The mere7 contemplation or intention to commit a crime; although a sin in the sight of heaven, is not an act amenable8 to human laws. The were speculative9 wantonness of a licentious10 imagination, however dangerous, or even san-guinary in its object, can in no case amount to a crime. But the moment that any overt act is manifest, the offender11 becomes amenable to the laws. Vide Attempt; Conspiracy12, and Cro. Car. 577.
OWELTY. The difference which is paid or secured by one coparcener to another, for the purpose of equalizing a partition. Hugh. Ab. Partition and Partner, § 2, n. 8; Litt. s. 251; Co. Litt. 169 a; 1 Watts13, R. 265; 1 Whart. 292; 3 Penna, 11 5; Cruise, Dig. tit. 19, §32; Co. Litt. 10 a; 1 Vern. 133; Plow14. 134; 16 Vin. Ab. 223, pl. 3; Bro. Partition; §5. OWING. Something unpaid15. A debt, for example, is owing while it is unpaid, and whether it be due or not.
2. In affidavits16 to hold to bail17 it is usual to state that the debt on which the action is founded is due, owing and unpaid. 1 Penn. Law Jo. 210.
OWLER, Eng. law. One guilty of the offence of owling.
OWLING, Eng. law. The offence of transporting wool or sheep out of the king-dom.
2. The name is said to owe its origin to the fact that this offence was carried on in the night, when the owl18 was abroad.
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