OLD AGE. This needs no definition. Sometimes old age is the cause of loss of memory and of the powers of the mind, when the party may be found non compos mentis. See Aged1 witness; Senility.
OLD NATURA BREVIUM. The title of an old English book, (usually cited Vet2. N. B.) so called to distinguish it from the F. N. B. It contains the writs3 most in use in the reign4 of Edward III, together with a short comment on the application and properties of each of them,
OLD TENURES. The title of a small tract5, which, as its title denotes, contains an account of the various tenures by which land was holden in the reign of Edward III. This tract was published in 1719, with notes and additions, with the eleventh edition of the First Institutes, and reprinted in 8vo. in 1764, by Serjeant Hawkins, in a Selection of Coke's Law Tracts6.
OLERON LAWS. The name of a maritime7 code. Vide Laws of Oleron.
OLIGARCHY8. This name is given to designate the power which a few citizens of a state have usurped9, which ought by the constitution to reside in the people. Among the Romans the government degenerated10 several times into an oligarchy; for example, under the decemvirs, when they became the only magistrates11 in the commonwealth12.
OLOGRAPH. When applied13 to wills or testaments15, this term signifies that they are wholly written by the testator himself. Vide Civil, Code of Louisiana, art. 1581: Code Civil, 970; 6 Toull. n. 357; 1 Stuart's (L. C.) R. 327; 2 Bouv. Inst. n. 2139; and see Testament14, Olographic; Will, Olographic.
OMISSION16. An omission is the neglect to perform what the law requires.
2. When a public law enjoins17 on certain officers duties to be performed by them for the public, and they omit to perform them, they may be indicted18: for example, supervisors19 of the highways are required to repair the public roads; the neglect to do so will render them liable to be indicted.
3. When a nuisance arises in consequence of an omission, it cannot be abated20 if it be a private nuisance without giving notice, when such notice can be given. Vide Branches; Commission; Nuisance; Trees.
OMNIA PERFORMAVIT. A good plea in bar, where all the covenants21 are in the affirmative. 1 Greenl. R. 189.