ORDER, French law. The act by which the rank of preferences of claims among creditors1 who have liens2 over the price which arises out of the sale of an immovable subject, is ascertained3, is called order. Dalloz, Dict. h. t.
ORDER OF FILIATION. The name of a judgment4 tendered by two justices, having jurisdiction5 in such case, in which a man therein named is adjudged to be the putative6 father of a bastard7 child; and it is farther adjudged that he pay a certain sum for its support.
2. The order must bear upon its face, 1st. That it was made upon the complaint of the township, parish, or other place, where the child was born and is chargeable. 2d. That it was made by justices of the peace having jurisdiction. Salk. 122, pl. 6; 2 Ld. Raym. 1197. 3d. The birth place of the child; 4th. The examination of the putative father and of the mother; but, it is said, the presence of the putative father is not requisite8, if he has been summoned. Cald. It. 308. 5th. The judgment that the defendant9 is the putative father of the child. Sid. 363; Stile, 154; Dalt. 52; Dougl. 662. 6th. That he shall maintain, the child as long as he shall be chargeable to the township, parish, or other place, which must be named. Salk. 121, pl. 2; Comb. 232. But the order may be that the father shall pay a certain sum weekly as long as the child is chargeable to the public. Stile, 134; Vent10. 210. 7th. It must be dated, signed, and, sealed by the justices. Such order cannot be vacated by two other justices. 15 John. R. 208; see 8 Cowen, R. 623; 4 Cowen, R. 253; 12 John. R. 195; 2 Blackf. R. 42.
ORDER NISI. A conditional11 order which is to be confirmed unless something be done, which has been required, by a time specified12. Eden. Inj. 122.
ORDERS. Rules made by a court or other competent jurisdiction. The formula is generally in those words: It is ordered, &c.
2. Orders also signify the instructions given by the owner to the captain or commander of a ship which he is to follow in the course of the vovage.
ORDINANCE13, legislation. A law, a statute14, a decree.
2. This word is more usually applied15 to the laws of a corporation, than to the acts of the legislature; as the ordinances16 of the city of Philadelphia. The following account of the difference between a statute and an ordinance is extracted from Bac. Ab. Statute, A. "Where the proceeding17 consisted only of a petition from parliament, and an answer from the king, these were entered on the parliament roll; and if the matter was of a public nature, the whole was then styled an ordinance; if, however, the petition and answer were not only of a public, but a novel nature, they were then formed into an act by the king, with the aid of his council and judges, and entered on the statute roll." See Harg. & But. Co. Litt. l59 b, notis; 3 Reeves, Hist. Eng. Law, 146.
3. According to Lord Coke, the difference between a statute and an ordinance is, that the latter has not had the assent18 of the king, lords, and commons, but is made merely by two of those powers. 4 Inst. 25. See Barr. on Stat. 41, note (x).