Home1797 Edition

OU-POEY-TSE

Volume 13 · 1,562 words · 1797 Edition

a name given by the Chinese to a kind of nests made by certain insects upon the leaves and branches of the tree called yen-fou-tse. These nests are much used in dyeing, and the physicians employ them for curing many distempers. Some of these nests were brought to Europe, and put into the hands of the celebrated Mr Geoffroy. After having examined them with the utmost attention, this learned academician thought he perceived some conformity in them to those excrescences which grow on the leaves of the elm, and which the vulgar call elm-bladders: he found these nests so sharp and astringent to the taste, that he considered them as far superior to every other species of galls used by the dyers. According to him, they are the strongest astringents existing in the vegetable kingdom.

It is certain that there is a great affinity between the ou-poey-tse and the elm-bladders. The form of both is unequal and irregular; they are covered on the outside with a short down, which renders them soft to the touch: within they are full of a whitish-grey dust, in which may be observed the dried remains of small insects, without discovering any aperture through which they might have passed. These nests or bladders harden as they grow old; and their substances, which appears resinous, becomes brittle and transparent; however, the Chinese do not consider the ou-poey-tse, notwithstanding their resemblance to elm-bladders, as excrescences of the tree yen-fou-tse, upon which they are found. They are persuaded, that insects produce a kind of wax, and construct for themselves on the branches and leaves of this tree (the sap of which is proper for their nourishment) little retreats, where they may wait for the time of their metamorphosis, or at least deposit in safety their eggs, which compose that fine dust with which the ou-poey-tse are filled. Some of the ou-poey-tse are as large as one's fist; but these are rare, and are generally produced by a worm of extraordinary strength, or which has associated with another, as two silk-worms are sometimes seen shut up in the same ball. The smallest ou-poey-tse are of the size of a chestnut; the greater part of them are round and oblong; but they seldom resemble one another entirely in their exterior configuration. At first, they are of a dark green colour, which afterwards changes to yellow; and the husks, though pretty firm, becomes then very brittle.

The Chinese peasants collect these ou-poey-tse before the first hoar-frosts. They take care to kill the worm inclosed in the husks, and to expose them for some time to the steam of boiling water. Without this precaution, the worm might soon break through its weak prison, which would immediately burst and be useless. The ou-poey-tse are used at Pekin for giving paper a durable and deep-black colour; in the provinces of Kiang-nan and Tche-kiang, where a great deal of beautiful fattin is made, they are employed for dyeing the silk before it is put on the loom. The Chinese literati also blacken their beards with them when they become white.

The medicinal properties of the ou-poey-tse are very numerous. The Chinese physicians introduce them into the composition of many of their remedies. They recommend them for stopping bleedings of every kind; they consider them as an excellent specific for curing inflammations and ulcers, and for counteracting the effects of poison; and they employ them with success in the dropsy, phthisis, epilepsy, catarrhs, sicknesses, fluxions of the eyes and ears, and in many other disorders.

GREATER OUSE, a river which rises near Fitwell in Oxfordshire, and proceeds to Buckingham, Stony-Stratford, and Newport-Pagnell, in Buckinghamshire; from thence it proceeds to Bedford, and turning north-east it passes on to Huntingdon and Ely, till at length it arrives at Lynn-Regis in Norfolk, and falls into the sea. It is navigable to some distance above Dowham, where there is a good harbour for barges; and a considerable trade is carried on by it to Lynn and other towns.

Smaller Ouse, rises in Suffolk, and separating that county from Norfolk on the south-west, discharges itself into the Great Ouse near Downham. There is still another of the same name which rises in the west- north-west side of Yorkshire; and chiefly running to the south-east, at length falls into the Humber.

**Ouster**, or **Dispossession**, in law, an injury which carries with it the motion of possession; for by means of it the wrong doer gets into the actual possession of the land or hereditament, and obliges him that hath a right to seek a legal remedy, in order to gain possession, together with damages. This ouster may either be of the freehold by abatement, intrusion, disfrain, discontinuance, and deforcement; or of chattels real, as an estate by statute-merchant, statute-flaple or elegit, or an estate for years.

**Ouster le Main**, *amovere manum*, in law, denotes a liberty of lands out of the king's hands; or a judgment given for him that traversed, or fued, a *monfrans le droit*. When it appeared, upon the matter being discussed, that the king had no right or title to the land seized, judgment was given in chancery, that the king's hand be removed; and *ouster le main* or *amovere manum*, was therefore awarded to the escheator, to restore the land, &c. All wardships, liveries, *ouster le mains*, &c., are now taken away and discharged by statute 12 Car. II.

**Oustioug**, a town of the Russian empire, and capital of a province of the same name, with an archbishop's see and a castle; seated on the river Suchan, over-against the mouth of the Jug, in E. Long. 43° 25'. N. Lat. 61° 48'.

**Oustioug**, a province of the Russian empire, bounded on the north by Dwina, on the east by the forest of Zirani, on the south by Wologda, and on the west by Cargapol and Waga. It is divided into two parts by the river Suchana; is full of forests; and the rivers yield plenty of fish, which the inhabitants dry in the sun, and which make their principal nourishment.

**Out-Posts**, in a military fence, a body of men posted beyond the grand guard; called *out-posts*, as being the rounds or limits of the camp.

**Outlaw**, signifies one that is deprived of the benefit of the law, and therefore held to be out of the king's protection.

Bracton affirms, that an outlaw forfeits all he has; and that, from the time of his outlawry, he wears a wolf's head; and any body may kill him with impunity, especially if he defend himself or fly. But in Edward III.'s time it was resolved by the judges, that it should not be lawful for any man, but the sheriff alone (having sufficient warrant for it), to put to death a man that was outlawed.

**Outlawry**, the punishment of a person who, being called into law, and lawfully, according to the usual forms, fought, does contemptuously refuse to appear.

The effect of being outlawed at the suit of another, in a civil cause, is the forfeiture of all the person's goods and chattels to the king, and the profits of his land, while the outlawry remains in force. If in treason or felony, all the lands and tenements which he has in fee, or for life, and all his goods and chattels, are also forfeited: and besides, the law interprets his absence as a sufficient evidence of guilt; and without requiring farther proof, accounts the person guilty of the fact, on which ensues corruption of blood, &c. And then, according to Bracton, he may perish without law, &c. However, to avoid humanity, no man is intitled to kill him wantonly or willfully; but in so doing he is guilty of murder, unless it happens in endeavouring to apprehend him: for any body may arrest an outlaw, either of his own head, or by writ or warrant of *capias utlagatum*, in order to bring him to execution.

If after outlawry, in civil cases, the defendant publicly appear, he is to be arrested by a writ of *capias utlagatum*, and committed till the outlawry be reversed: which reversal may be had by the defendant's appearing in court (and in the king's-bench, by sending an attorney, according to statute 4 and 5 W. and M. cap. 18.), and any plausible circumstance, however trifling, is in general sufficient to reverse it; it being considered only as a process to force appearance. The defendant must, however, pay full costs, and must put the plaintiff in the same condition as if he had appeared before the writ of *exigat facias* was awarded. It is appointed by magna charta, that no freeman shall be outlawed, but according to the law of the land. A minor or a woman cannot be outlawed.

In Scotland outlawry anciently took place in the case of refusal to fulfil a civil obligation, as well as in criminal cases. At present, however, it only takes place in the two cases of flying from a criminal prosecution, and of appearing in court attended by too great a number of followers. But the defender, upon appearing at any distance of time and offering to stand trial, is entitled *de jure* to have the outlawry reversed, and to be admitted to trial accordingly, and even to bail if the offence be bailable. See Waive.

**OVUM ANGUINUM**. See Anguinum.