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U. B. An abbreviation for "Upper Bench."
U. C. An abbreviation for "Upper Can­ada," used in citing the reports.
U. R. Initials of "uti rogas" be it as you desire, a ballot thus inscribed, by which the Romans voted in favor of a bill or can­didate. Tayl. Civil Law, 191.
U. S. An abbreviation for "United States."
UBERRIMA FIDES. Lat The most abundant good faith; absolute and perfect candor or openness and honesty; the ab­sence of any concealment or deception, how­ever slight.
Ubi aliqnid conceditnr, conceditur et id sine quo res ipsa esse non potest.
When anything is granted, that also is grant­ed without which the thing granted cannot exist. Broom, Max. 483; 13 Mees. & W. 706.
Ubi aliqnid impeditnr propter nnnm, eo remoto, tollitur impedimentum.
Where anything is impeded by one single cause, if that be removed, the Impediment is removed. Branch, Princ, citing 5 Coke, 77a.
Ubi eessat remedinm ordinarium, ibi decnrritnr ad extraordinarium. Where the ordinary remedy fails, recourse must be had to an extraordinary one. 4 Coke, 926.
Ubi cnlpa est, ibi poena snbesse debet.
Where the crime is committed, there ought the punishment to be undergone. Jenk. Cent 325.
Ubi damsa dantur, victus victor! in expensis condemnari debet. Where dam­ages are given, the vanquished party ought to be condemned in costs to the victor. 2 Inst 289.
Ubi eadem ratio, ibi eadem lex; et de similibns idem est judicium. 7 Coke, 18. Where the same reason exists, there the same law prevails; and, of things similar, the judgment is similar.
Ubi et dantis et accipientis turpitudo versatnr, non posse repeti dicimns; quo-tiens autem accipientis turpitudo versa-tur, repeti posse. Where there is turpi­tude on the part of both giver and receiver, we say it cannot be recbvered back; but as often as the turpitude is on the side of the receiver [alone] it can be recovered back. Mason v. Waite, 17 Mass. 562.
Ubi factum nullum, ibi fortia nulla.
Where there is no principal fact, there can be no accessory. 4 Coke, 426.
Ubi jus, ibi remedinm. Where there is a right, there is a remedy. Broom, Max. 191, 204; 1 Term R. 512; Co. Litt. 1976.
Ubi jus incertum, ibi jus nullum.
Where the law is uncertain, there is no law.
Ubi lex aliquem cogit ostendere causam, necesse est quod causa sit justa et legitima. Where the law compels a man to show cause, it is necessary that the cause be just and lawful. 2 Inst 289.
Ubi lex est specialis, et ratio ejus gen-eralis, generaliter accipienda est. 2
Inst. 43. Where the^law is special, and the reason of it general, it ought to be taken as being general.
Ubi lex non distinguit, nee nos distin-guere debemus. Where the law does not distinguish, neither ought we to distinguish. 7 Coke, 56.
Ubi major pars est, ibi totum. Where the greater part is, there the whole is. That is, majorities govern. Moore, 578.
Ubi non adest norma legis, omnia quasi pro suspectis habenda sunt. When the law fails to serve as a rule, almost everything ought to be suspected. Bac. Aph­orisms, 25.
Ubi non est annua renovatio, ibi de-cimse non debent solvi. Where there is no annual renovation, there tithes ought not to be paid.
Ubi non est condendi auctoritas, ibi non est parendi necessitas: Dav. Ir. K. B. 69. Where there is no authority for es­tablishing a rule, there is no necessity of obeying it
Ubi non est directa lex, standum est arbitrio judicis, vel procedendum ad similia. Ellesm. Post. N. 41. Where there is no direct law, the opinion of the judge is to be taken, or references to be made to similar cases.
Ubi non est lex, ibi non est trans-gressio, quoad mundum. Where there is no law, there is no transgression, so far as relates to the world. 4 Coke, 166.
Ubi non est manifesta injustitia, ju-dices babentur pro bonis viris, et judi-catum pro veritate. Where there is no manifest injustice, the^ judges are to be re­garded as honest men, and their judgment as truth. Goix v. Low, 1 Johns. Cas. (N. T.) 341, 345.


Ubi non est principalis, non potest esse accessorius. 4 Coke, 43. Where there is no principal, there cannot be an accessory.
TTbi nulla est conjectnra quae ducat alio, verba intelligenda sunt ex pro-prietate, non grammatica, sed popular! ex usu. Where there is nothing to call for a different construction, [the] words [of an instrument] are to be understood, not ac­cording to their strict grammatical meaning, but according to their popular and ordinary sense. Grot de Jure B. lib. 2, c. 16.
Ubi nullum matrimonium, ibi nulla dos. Where there is no marriage, there is no dower. Bract fol. 92; 2 Bl. Comm. 130.
"Ubi periculunt, ibi et lucrum colloca-tur. He at whose risk a thing is, should receive the profits arising from it.
Ubi pugnantia inter se in testamento juberentur, neutrum ratum est. Where repugnant or inconsistent directions are con­tained in a will, neither is valid. Dig. 50, 17, 188, pr.
Ubi quid generaliter conceditur inest hsec exceptio, si non aliquid sit contra jus fasque. 10 Coke, 78. Where a thing is conceded generally this exception is im­plied: that there shall be nothing contrary to law and right
Ubi quis delinquit, ibi punietur.
Where a man offends, there he shall be pun­ished. 6 Coke, 476. In cases of felony, the trial shall be always by the common law in the same place where the offense was, and shall not be supposed in any other place. Id.
UBI RE VERA. Where in reality; when in truth or in point of fact Cro. Eliz. 645; Cro. Jac. 4.
Ubi verba conjuncta non sunt sufficit alterutrum esse faetum. Dig. 50, 17, 110, 3. Where words are not conjoined, it is enough if one or other be complied with.
UBIQUITY. Omnipresence; presence in several places, or in all places, at one time. A fiction of English law is the "legal ubiqui­ty" of the sovereign, by which he is con­structively present in all the courts. 1 Bl. Comm. 270.
TIDA1. A term mentioned by Blackstone as used in Finland to denote that kind of right in real property which is called, in English law, "allodial." 2 Bl. Comm. 45, note /.
UKAAS, UKASE. The name of a law or ordinance made by the czar of Russia.
ULLAGE. In commercial law. The amount wanting when a cask, on being gauged, is found not to be completely full.
ULNA FERREA. L.Lat In old Eng­lish law. The iron ell; the standard ell of iron, kept in the exchequer for the rule of measure.
ULNAGE. Alnage, (which see.)
ULTIMA RATIO. Lat The last argu­ment; the last resort; the means last to be resorted to.
Ultima voluntas testatoris est perim-plenda secundum veram intentionem suam. Co. Litt 322. The last will of a testator is to be fulfilled according to his true intention.
ULTIMATE • FACTS. In pleading and practice. Facts in issue; opposed to proba­tive or evidential facts, the latter being such as serve to establish or disprove the issues. Kahn v. Central Smelting Co., 2 Utah, 379. And see Fact.
ULTIMATUM. Lat. The last The final and ultimate proposition made in nego­tiating a treaty, or a contract or the like.
ULTIMUM SUPPLICIUM. Lat. The extreme punishment; the extremity of pun­ishment; the punishment of death. 4 Bl. Comm. 17.
Ultimum supplicium esse mortem so-lam interpretamur. The extremest pun­ishment we consider to be death alone. Dig. 48, 19, 21.
ULTIMUS HJERES. Lat. The last or remote heir; the lord. So called in contra­distinction to the hares proximus and the hceres remotior. Dalr. Feud. Prop. 110.
ULTRA. Lat Beyond; outside of; In excess of.
Damages ultra, damages beyond a sum paid into court.
—Ultra mare. Beyond sea. One of the old essoins or excuses for not appearing in court at the return of process. Bract fol. 338. —Ultra reprises. After deduction of draw­backs ; in excess of deductions or expenses.— Ultra vires. A term used to express the ac­tion of a corporation which is beyond the pow­ers conferred upon it by its charter, or the statutes under which iz was instituted. 13 Am. Law Rev. 632. "Ultra vtres" is also sometimes applied to an act which, though within the powers of a corporation, is not binding on it because the consent or agreement of the cor­poration has not been given in the manner re­quired by its constitution. Thus, where a com­pany delegates certain powers to its directors, all acts done by the directors beyond the scope of those powers arc ultra vires, and not binding on the company, unless it subsequently ratifies them. Sweet. And see Miners' Ditch Co. v. Zellerbach, 37 Cal. 578, 99 Am. Dec. 80;


Minnesota Thresher Mfg. Co. v. Langdon, 44 Minn. 37, 46 N. W. 312; State v. Morris & E. R. Co., 23 N. J. Law, 360; Central Transp. Co. v. Pullman's Palace Car Co., 139 U. S. 24, 11 Sup. Ct 478, 35 L. Ed. 55; Latimer v. Bard (C. <X) 76 Fed. 543; Edwards County v. Jennings (Tex. Civ. App.) 33 S. W. 585.
intra posse non potest esse, et vice versa. What is beyond possibility cannot exist, and the reverse, [what cannot exist id not possible.] Wing. Max. 100.
ULTRONEOUS WITNESS. In Scotch law. A volunteer witness; one who appears to give evidence without being called upon. 2 Alls. Crim. Pr. 393.
UMPIRAGE. The decision of an um­pire. The word "umpirage," in reference to an umpire, is the same as the word "award," in reference to arbitrators; but "award" is commonly applied, to the decision of the umpire also.
UMPIRE. When matters in dispute are Submitted to two or more arbitrators, and they do not agree in their decision, it is usual for another person to be called in as "umpire," to whose sole judgment it is then referred. Brown. And see Ingraham v. Whitmore, 75 111. 30; Tyler v. Webb, 10 B. Mon. (Ky.) 123; Lyon v. Blossom, 4 Duer (N. Y.) 325.
Un ne doit prise advantage de son tort demesne. 2 And. 38, 40. One ought not to take advantage of his own wrong.
Una persona vix potest snpplere vices
dnarnm. 7 Coke, 118. One person can scarcely supply the places of two. See 9 H. L. Cas. 274.
UNA VOCE. Lat With one voice; unan­imously; without dissent.
UNALIENABLE. Incapable of being aliened, that is, sold and transferred.
UNANIMITY. Agreement of all the per­sons concerned, in holding one and the same opinion or determination of any matter or question; as the concurrence of a jury in deciding upon their verdict
UNASCERTAINED DUTIES. Payment In gross, on an estimate as to amount, and where the merchant, on a final liquidation, will be entitled by law to allowances or de­ductions which do not depend on the rate of duty charged, but on the ascertainment of the quantity of the article subject to duty. Moke v. Barney, 5 Blatchf. 274. Fed. Cas. No. 9,698.
UNAVOIDABLE ACCIDENT. Not nec­essarily an accident which it was physically impossible, in the nature of things, for the
person to have prevented, but one not oc­casioned in any degree, either remotely or directly, by the want of such care or skill as the law holds every *aan bound to exer­cise. Dygert v. Bradley, 8 Wend. (N. Y.) 473.
UNCEASESATH. In Saxon law. An oath by relations not to avenge a relation's death. Blount.
UNCERTAINTY. Such vagueness, ob­scurity, or confusion in any written instru­ment, e. g„ a will, as to render it unintelli­gible to those who are called upon to execute or interpret it, so that no definite meaning can be extracted from it.
UNCIA.' Lat. In Roman law. An ounce; the twelfth of the Roman "as" or pound. The twelfth part of anything; the propor­tion of one-twelfth. 2 Bl. Comm. 462, note m.
UNCIA AGRI, UNCIA TERRAS. These phrases often occur in the charters of the British kings, and signify some measure or quantity of land. It is said to have been the quantity of twelve modii; each modius being possibly one hundred feet square. Jacob.
UNCIARIUS HJERES. Lat. In Roman law. An heir to one-twelfth of an estate or inheritance. Calvin.
UNCLE. The brother of one's father or mother. State v. Reedy, 44 Kan. 190, 24 Pac. 66; State v. Guiton, 51 La. Ann. 155, 24 South. 784.
contract which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other. Hume v. U. S., 132 U. S. 406, 10 Sup. Ct 134, 33 L. Ed. 393.
UNCONSTITUTIONAL. That which is contrary to the constitution. The opposite of "constitutional." See State v. McCann, 4 Lea (Tenn.) 10; In re Rahrer (C. C.) 43 Fed. 558, 10 L. R. A. 444; Norton v. Shelby Coun­ty, 118 U. S. 425, 6 S. Ct 1121, 30 L. Ed. 178.
an excuse for the commission of an act otherwise criminal, this term means an im­pulse towards its commission of such fixity and intensity that it cannot be resisted by the person subject to it, in the enfeebled condition of his will and moral sense re­sulting from derangement or mania. See Insanity. And see State v. O'Neil, 51 Kan. 651, 33 Pac. 287, 24 L. R. A. 555.


UNCORE PRIST. L. Fr. Still ready. A species of plea or replication by which the party alleges that he is still ready to pay or perform all that is •justly demanded of him. In conjunction with the phrase "tout temps prist," it signifies that he has always been and still is ready.
UNCUTH. In Saxon law. Unknown; a stranger. A person entertained in the house of another was, on the first night of his en­tertainment, so called. Bract fol. 1246.
UNDE NIHIL HABET. Lat. In old English law. The name of the writ of dow­er, which lay for a widow, where no dower at all had been assigned her within the time limited by law. 3 Bl. Comm. 183.
UNDEFENDED. A term sometimes ap­plied to one who is obliged to make his own defense when on trial, or in a civil cause. A cause is said to be undefended when the defendant makes default, in not putting in an appearance to the plaintiff's action; in not putting in his statement of defense; or in not appearing at the trial either person­ally or by counsel, after having received due notice. Mozley & Whitley.
UNDER AND SUBJECT. Words fre­quently used in conveyances of land which is subject to a mortgage, to show that the grantee takes subject to such mortgage. See Walker v. Physick, 5 Pa. 203; Moore's Ap­peal, 88 Pa. 453, 32 Am. Rep. 469; Blood v. Crew Livick Co., 171 Pa. 328, 33 Atl. 344; Lavelle v. Gordon, 15 Mont. 515, 39 Pac. 740.
UNDER-CHAMBERLAINS OF THE EXCHEQUER. Two officers who cleaved the tallies written by the clerk of the tallies, and read the same, that the clerk of the pell and comptrollers thereof might see their en­tries were true. They also made searches for records in the treasury, and had the custody of Domesday Book. Cowell. The office is now abolished.
UNDER-LEASE. In conveyancing. A lease granted by one who is himself a lessee for years, for any fewer or less number of years than he himself holds. If a deed passes all the estate or time of the termor, it is an assignment; but, if it be for less portion of time than the whole term, it is an under-lease, and leaves a reversion in the termor. 4 Kent, Comm. 96.
UNDER-SHERIFF. An officer who acts directly under the sheriff, and performs all the duties of the sheriff's office, a few only excepted where the personal presence of the high-sheriff is necessary. The sheriff is civilly responsible for the acts or omissions of his under-sheriff. Mozley & Whitley.
A distinction is made between this officer and a deputy, the latter being appointed for
a special occasion or purpose, while the for­mer discharges, in general, all the duties re­quired by the sheriff's office.
UNDER-TENANT. A tenant under one who is himself a tenant; one who holds by under-lease.
UNDER-TUTOR. In Louisiana. In every tutorship there shall be an under-tutor, whom it shall be the duty of the judge to appoint at the time letters of tutor­ship are certified for the tutor. It is the duty of the under-tutor to act for the minor whenever the interest of the , minor is in opposition to the interest of the tutor. Civ. Code La. 1838, acts. 300, 301.
He who transacted the business of the lord high treasurer.
UNDERLIE THE LAW. In Scotch criminal procedure, an accused person, in appearing to take his trial, is said "to com­pear and underlie the law." Mozley & Whit­ley.
UNDERSTANDING. In the law of con­tracts. This is a loose and ambiguous term, unless it be accompanied by some expres­sion to show that it constituted a meeting of the minds of parties upon something re­specting which they intended to be bound. Camp v. Waring, 25 Conn. 529. But it may denote an informal agreement, or a concur­rence as to its terms. See Barkow v. Sang­er, 47 Wis. 507, 3 N. W. 16.
UNDERSTOOD. The phrase "it is un­derstood," when employed as a word of con­tract in a written agreement, has the same force as the words "it is agreed." Higgin-son v. Weld, 14 Gray (Mass.) 165.
UNDERTAKING. A promise, engage­ment, or stipulation. Each of the promises made by the parties to a contract, considered Independently and not as mutual, may, in this sense, be denominated an "undertak­ing."
"Undertaking" is frequently used in the special sense of a promise given in the course of legal proceedings by a party or his coun­sel, generally as a condition to obtaining some concession from the court or the oppo­site party. Sweet.
UNDERTOOK. Agreed; assumed. This is the technical word to be used in alleging the promise which forms the basis of an action of assumpsit.
UNDERWRITER. The person who in­sures another in a fire or life policy; the in­surer. See Childs v. Firemen's Ins. Co., 68 Minn. 393, 69 N. W. 141, 35 L. R. A. 99.
A person who joins with others in enter­ing into a marine policy of insurance as in­surer.


UNDIVIDED. An undivided right or title, or a title to an undivided portion of an estate, is that owned by one of two or more tenants in common or joint tenants before partition.
UNDRES. In old English law. Minors or persons under age not capable of bearing arms. Fleta, 1. 1, c. 9; Cowell.
UNDUE INFLUENCE. In regatd to the making of a will and other such matters, undue influence is persuasion carried to the point of overpowering the will, or such a control over the person in question as pre­vents him from acting intelligently, under-standingly, and voluntarily, and in effect de­stroys his free agency, and constrains him to do what he would not have done if such control had not been exercised. See Mitchell v. Mitchell, 43 Minn. 73, 44 N. W. 885; Ben­nett v. Bennett, 50 N. J. Eq. 439, 26 Atl. 573; Francis v. Wilkinson, 147 111. 370, 35 N. E. 150; Oonley v. Nailer, 118 U. S. 127, 6 Sup. Ct. 1001, 30 L. Ed. 112; Marx v. Mc-Glynn, 88 N. Y. 370; In re Logan's Estate, 195 Pa. 282, 45 Atl. 729; Mooney v. Olsen, 22 Kan. 79; In re Black's Estate, Myr. Prob. (Cal.) 31.
Undue influence consists (1) in the use, by one in whom a confidence is reposed by another, or who holds a real or apparent au­thority over him, of such confidence or au­thority, for the purpose of obtaining an un­fair advantage over him; (2) in taking an unfair advantage of another's weakness of mind; or (3) in taking a grossly oppressive and unfair advantage of another's necessi­ties or distress. Civ. Code Dak. § 886.
Undue influence at elections Is where any one interferes with the free exercise of a voter's franchise, by violence, intimidation, or otherwise. It is a misdemeanor. 1 Russ. Crimes, 321; Steph. Crim. Dig. 79.
UNFAIR COMPETITION. A term which may be applied generally to all dis­honest or fraudulent rivalry in trade and commerce, but is particularly applied in the courts of equity (where it may be restrained by injunction) to the practice of endeavoring to substitute one's own goods or products in the markets for those of another, having an established reputation and extensive sale, by means of imitating or counterfeiting the name, title, size, shape, or distinctive pe­culiarities of the article, or the shape, color, label, wrapper, or general appearance of the package, or other such simulations, the imitation being carried far enough to mislead the general public or deceive an unwary purchaser, and yet not amounting to an absolute counterfeit or to the in­fringement of a trade-mark or trade-name. Called in France and Germany "concur­rence deloyale." See Reddaway v. Ban-ham, [1896] App. Cas. 199; Singer Mfg. Co. T. June Mfg. Co., 163 U. S. 169, 16 Sup. Ct Bl.Law Dict.(2d Ed.)—75
1002, 41 L. Ed. 118; Dennison Mfg. Co. v. Thomas Mfg. Co. (C. C.) 94 Fed. 65] ; Sim­mons Medicine Co. v. Mansfield Drug Co.7 93 Tenn. 84, 23 S. W. 165; Cornelius v. Fer­guson, 17 S. D. 481, 97 N. W. 390; Sterling Remedy Co. v. Eureka Chemical Co., 80 Fed. 108, 25 C. C. A. 314; T. B. Dunn Co. v. Trix Mfg. Co., 50 App. Div. 75, 63 N. Y. Supp. 333.
UNGEIiD. In Saxon law. An outlaw; a person whose murder required no compo­sition to be made, or weregeld to be paid, by his slayer.
UNICA TAXATIO. The obsolete lan­guage of a special award of venire, where, of several defendants, one pleads, and one lets judgment go by default, whereby the jury, who are to try and assess damages on the issue, are also to assess damages against the defendant suffering judgment by default. Wharton.
UNIFORM. A statute is general and uniform in its operation when it operates equally upon all persons who are brought within the relations and circumstances pro­vided for. McAunich v. Mississippi & M. R. Co., 20 Iowa, 342; People v. Judge, 17 Cal. 554; Kelley v. State, 6 Ohio St. 271; State v. Hogan, 63 Ohio St. 202, 58 N. E. 572, 52 L. R. A. 863, 81 Am. St. Rep. 626; Arms v. Ayer, 192 111. 601, 61 N. E. 851, 58 L. R. A. 277, 85 Am. St. Rep. 357.
UNIFORMITY. In taxation. Uniform­ity in taxation implies equality in the bur­den of taxation, which cannot exist without uniformity in the mode of assessment, as well as in the rate of taxation. Further, the uniformity must be coextensive with the ter­ritory to which it applies. And it must be extended to all property subject to taxation, so that all property may be taxed alike and equally. Exchange Bank v. Hines, 3 Ohio St. 15. And see Edye v. Robertson, 112 U. S. 580, 5 Sup. Ct. 247, 28 K Ed. 798. Adams v. Mississippi State Bank, 75 Miss. 701, 23 South. 395; People v. Auditor Gereral, 7 Mich. 90.
UNIFORMITY, ACT OF, which regu­lates the terms of membership in the Church of England and the colleges of Oxford and Cambridge, (St. 13 & 14 Car. II. c. 4.) See St. 9 & 10 Vict. c. 59. The act of uniform­ity has been amended by the St. 35 & 36 Vict. c. 35, which inter alia provides a short­ened form of morning and evening prayer. Wharton.
The English statute of 2 Wm. IV. c. 39, es­tablishing a uniform process for the com­mencement of actions in all the courts of law at Westminster. 3 Steph. Comm. 566.
UNIGENITURE. The state of being th« only begotten.


UNILATERAL. One-sided; ex parte; having relation to only one of two or more persons or things.
—Unilateral contract. See Contract.— Unilateral mistake. A mistake or misun­derstanding as to the terms or effect of a con­tract, made or entertained by one of the parties to it but not by the other. Green v. Stone, 54 N. J. Eq. 387, 34 Atl. 1099, 55 Am. St. Rep. 577. —Unilateral record. Records are unilateral when offered to show a particular fact, as a prima facte case, either for or against a stran­ger. Colligan v. Cooney, 107 Tenn. 214, 64 S. W. 31.
UNINTELLIGIBLE. That which can­not be understood.
UNIO. Lat In canon law. A consolida­tion of two churches into one. Cowell.
UNIO PROLIUM. Lat. Uniting of off­spring. A method of adoption, chiefly used in Germany, by which step-children (on ei­ther or both sides of the house) are made equal, in respect to the right of succession, with the children who spring from the mar­riage of the two contracting parties. See Heinecc. Elem. § 188.
UNION. In English poor-law. A un­ion consists of two or more parishes which have been consolidated for the better admin­istration of the poor-law therein.
In ecclesiastical law. A union consists of two or more benefices which have been united into one benefice. Sweet.
In public law. A popular term in Amer­ica for the United States; also, in Great Britain, for the consolidated governments of England and Scotland, or for the political tie between Great Britain and Ireland.
In Scotch law. A "clause of union" is a clause in a feoffment by which two estates, separated or not adjacent, are united as one, for the purpose of making a single seisin suffice for both.
UNION-JACK. The national flag of Great Britain and Ireland, which combines the banner of St. Patrick with the crosses of St. George and St Andrew. The word "jack" is most probably derived from the surcoat, charged with a red cross, anciently used by the English soldiery. This appears to have been called a "jacque," whence the word "jacket," anciently written "jacquit" Some, however, without a shadow of evi­dence, derive the word from "Jacques," the first alteration having been made in the reign of King James I. Wharton.
UNION OF CHURCHES. A combining and consolidating of two churches into one. Also it is when one church is made subject, to another, and one man is rector of both; and where a conventual church is made a cathedral. Tomlins.
unity of persons, as that between husband and wife, or ancestor and heir.
UNITED STATES BONDS. Obligations for payment of money which have been at various times issued by the government of the United States.
Each circuit court of the United States may appoint, in different parts of the district for which it is held, as many discreet persons as it may deem necessary, who shall be call­ed "commissioners of the circuit court," and shall exercise the powers which are or may be conferred upon them. Rev. St U. S. $ 627 (U. S. Oomp. St. 1901, p. 499).
UNITED STATES NOTES. Promissory notes, resembling bank-notes, issued by the government of the United States.
UNITY. In the law of estates. The pe­culiar characteristic of an estate held by several in joint tenancy, and which is four­fold, viz., unity of interest, unity of title, unity of time, and unity of possession. In other words, joint tenants have one and the same interest accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivid­ed'possession. 2 Bl. Comm. 180.
—Unity of interest. This term is applied to joint tenants, to signify that no one of them can have a greater interest in the property than each of the others, while, in the case of tenants in common, one of them may have a larger Share than any of the others. Williams, Real Prop. 134, 139.—Unity of possession. Joint possession of two rights by several titles. As if I take a lease of land from a person at a certain rent, and afterwards I buy the fee-simple of such land, by this I acquire unity of possession, by which the lease is extinguished. Cowell; Brown. It is also one of the essential properties of a joint estate, each of the tenants having the entire possession as well of every parcel as of the whole. 2 Bl. Comm. 182.— Unity of seisin is where a person seised of land which is subject to an easement, profit & prender, or similar right, also becomes seised of the land to which the easement or other right is annexed. Sweet.—Unity of time. One of the essential properties of a joint estate; the estates of the tenants being vested at one and the same period. 2 Bl. Comm. 181.—Unity of title is applied to joint tenants, to signify that they hold their property by one and the same title, While tenants in common may take property by several titles. Williams, Real Prop. 134.
Unins omnino testis responslo non an-diatnr. The answer of one witness shall not be heard at all; the testimony of a single witness shall not be admitted under any circumstances. A maxim of the civil and canon law. Cod. 4, 20, 9; 3 Bl. Comm. 370; Best, Ev. p. 426, § 390, and note.
Uniuscujnsqne contractus initinm spectandnm est, et causa. The commence­ment and cause of every contract are to be regarded. Dig. 17, 1, 8; Story, Bailm. S 56.


UNIVERSAL. Having relation to the whole or an entirety; pertaining to all with­out exception; a term more extensive than "general," which latter may admit of ex­ceptions. See Blair v. Howell, 68 Iowa, 619, 28 N. W. 199; Koen v. State, 35 Neb. 676, 53 N. W. 595, 17 L. R. A. 821.
—Universal agent. One who is appointed to do all the acts which the principal can per­sonally do, and which he may lawfully delegate the power to another to do. Story, Ag. 18; Baldwin v. Tucker, 112 Ky. 282, 65 S. W. 841, 57 D. R. A. 451; Wood v. McCain, 7 Ala. 800. —Universal legaey. See Legacy. Univer­sal partnership. See Partnership.—Uni­versal representation. In Scotch law. A term applied to the representation by an heir of his ancestor. Bell.—Universal succession. In the civil law. Succession to the entire es­tate of another, living or dead, though generally the latter, importing succession to the entire property of the predecessor as a juridical en­tirety, that is, to all his active as well as passive legal relations. Mackeld. Rom. Law, § 649.
Universalia sunt notiora singnlaribns.
2 Rolle, 294. Things universal are better known than things particular.
UNIVERSITAS. Lat In the civil law. A corporation aggregate. Dig. 3, 4, 7. Lit­erally, a whole formed out of many individ­uals. 1 Bl. Comm. 469.
—Universitas facti. In the civil law. A plurality of corporeal things of the same kind, which are regarded as a whole; e. g., a herd of cattle, a stock of goods. Mackeld. Rom. Law, § 162. Universitas juris. In the civil law. A quantity of things of all sorts, corporeal as well as incorporeal, which, taken together, are regarded as a Whole; e. g., an inheritance, an estate. Mackeld. Rom. Law, 8 162.—Uni­versitas rerum. In the civil law. Literally, a whole of things. Several single things, which, though not mechanically connected with one another, are, when taken together, regarded as a whole in any legal respect. Mackeld. Rom. Law, { 162.
UNIVERSITY. An institution of higher learning, consisting of an assemblage of col­leges united under one corporate organiza­tion and government, affording instruction in the arts and sciences and the learned pro­fessions, and conferring degrees. See Com. t. Banks, 198 Pa. 397, 48 Atl. 277.
UNIVERSITY COURT. See Chancel­lor's Courts in the Two Universities.
UNIVERSUS. Lat The whole; all to­gether. Calvin.
UNJUST. Contrary to right and justice, or to the enjoyment of his rights by another, or to the standards of conduct furnished by the laws.
UNKOUTH. Unknown. The law French form of the Saxon "uncouth." Britt c. 12.
UNXAGE. Sax. An unjust law.
UNLARICH. In old Scotch law. That which is done without law or against law. Spelman.
UNLAW. In Scotch law. A witness was formerly inadmissible who was not worth the king's unlaw; i. e., the sum of £10 Scots, then the common fine for absence from court and for small delinquencies. Bell.
UNLAWFUL. That which is contrary to law.
"Unlawful" and "illegal" are frequently used as synonymous terms, but, in the prop­er sense of the word, "unlawful," as applied to promises, agreements, considerations, and the like, denotes that they are ineffectual in law because they involve acts which, al­though not illegal, i. e., positively forbidden, are disapproved of by the law, and are there­fore not recognized as the ground of legal rights, either because they are immoral or because they are against public policy. It is on this ground that contracts in restraint of marriage or of trade are generally void. Sweet. And see Hagerman v. Buchanan, 45 N. J. Eq. 292, 17 Atl. 946, 14 Am. St Rep. 732; Tatum v. State, 66 Ala. 467; Johnson r. State, 66 Ohio St. 59, 63 N. B. 607, 61 L. R. A. 277, 90 Am. St. Rep. 564; Pinder v. State, 27 Fla. 370, 8 South. 837, 26 Am. St. Rep. 75; MacDaniel v. U. S., 87 Fed. 321, 30 C C. A. 670; People v. Chicago Gas Trust Co., 130 111. 268, 22 N. E. 798, 8 L. R. A. 497, 17 Am. St Rep. 319.
—Unlawful assembly. At common law. The meeting together of three or more per­sons, to the disturbance of the public peace, and with the intention of co-operating in the forcible and violent execution of some unlaw­ful private enterprise. If they take steps towards the performance of their purpose, it becomes a rout; and, if they put their design into actual execution, it is a riot. 4 Bl. Comm. 146. Any meeting of great numbers of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the subjects of the realm. 4 Steph. Comm. 254.—Unlawful detainer. The unjustifiable retention of the possession of lands by one whose original entry was lawful and of right, but whose right to the possession has terminated and who refuses to quit, as in the case of a tenant holding over after the termination of the lease and in spite of a de­mand for possession by the landlord. McDevitt v. Lambert, 80 Ala. 536, 2 South. 438; Silva v. Campbell, 84 Cal. 420. 24 Pac. 316; Code Tenn. 1896, § 5093. Where an entry upon lands is unlawful, whether forcible or not, and the subsequent conduct is forcible and tortious, the offense committed is a "forcible entry and detainer;" but where the original entry is lawful, and the subsequent holding forcible and tortious, the offense is an "unlawful detainer" only. Pullen v. Boney, 4 N. J. Law, 129.—Un­lawful entry. An entry upon lands effected peaceably and without force, but which is with­out color of title and is accomplished by means of fraud or some other willful wrong. Dickin­son v. Maguire, 9 Cal. 46; Blaco v. Haller, 9 Neb. 149, 1 N. W. 978.
UNLAWFULLY. The term is common­ly used in indictments for statutory crimes, to show that the act constituting the offense was in violation of a positive law, especially where the statute itself uses the same-phrase.


UNLIQUIDATED. Not ascertained in amount; not determined; remaining unas-sessed or unsettled; as unliquidated dam­ages. See Damages.
UNLIVERY. A term used in maritime law to designate the unloading of cargo of a vessel at the place where it is properly to be delivered. The Two Catharines, 24 Fed. Cas. 429.
UNNATURAL OFFENSE. The infa­mous crime against nature; i. e., sodomy or buggery.
Una absurdo dato, infinita sequuntur.
1 Coke, 102. One absurdity being allowed, an infinity follows.
UNO ACTU. Let In a single act; by one and the same act.
UNO FIiATU. Lat In one breath. 8 Man. & G. 45. XJno flatu, et uno intuitu, at one breath, and in one view. Pope v. Nickerson, 3 Story, 504, Fed. Cas. No. 11,274.
UNQUES. L. Fr. Ever; always. Ne ungues, never.
UNQUES PRIST. L. Fr. Always ready. Cowell. Another form of tout temps prist.
UNSEAWORTHY. See Seawoetht.
UNSOLEMN WAR. War denounced without a declaration; war made not upon general but special declaration; imperfect war. People v. McLeod, 1 Hill (N. Y.) 409, 37 Am. Dec. 328.
UNSOUND MIND. A person of unsound mind is an adult who from infirmity of mind is incapable of managing himself or his af­fairs. The term, therefore, includes insane persons, idiots, and imbeciles. Sweet See Insanity. And see Cheney v. Price, 90 Hun, 238, 37 N. Y. Supp. 117; In re Black's Es­tate, 1 Myr. Prob. (Cal.) 24; In re Mason, 3 Edw. Ch. (N. Y.) 380; Hart t. Miller, 29 Ind. App. 222, 64 N. E. 239; In re Lindsley, 44 N. J. Eq. 564, 15 Atl. 1, 6 Am. St. Rep. 913; Dennett v. Dennett, 44 N. H. 531, 84 Am. Dec. 97; Edwards v. Davenport (C. C.) 20 Fed. 758; Witte v. Gilbert, 10 Neb. 539, 7 N. W. 288; Stewart v. Lispenard, 26 Wend. (N. Y.) 300.
UNTHRIFT. A prodigal; a spendthrift 1 Bl. Comm. 306.
UNTIL. This term generally excludes the day to which it relates; but It will be con­strued otherwise, if required by the evident Intention of the parties. Kendall v. Kings-ley, 120 Mass. 95.
Unnmqnodqne dissolvitur eodem li-gamine quo ligatur. Every obligation is dissolved by the same solemnity with which it is created. Broom, Max. 884.
Unumquodque eodem modo quo col-ligatu est, dissolvitur,—quo constitui-tur, destruitur. Everything is dissolved by the same means by which it is put to­gether,—destroyed by the same means by which it is established. 2 Rolle, 39; Broom, Max. 891.
Unnmqnodqne est id quod est prin-cipalius in ipso. Hob. 123. That which is the principal part of a thing is the thing itself.
Unnmqnodqne principiorum est sibi-metipsi fides; et perspicna vera non sunt probanda. Every general principle [or maxim of law] is its own pledge or war­rant; and things that are clearly true are not to be proved. Branch; Co. Litt 11.
UNUS NULLUS RULE, THE. The rule of evidence which obtains in the civil law, that the testimony of one witness is equiva­lent to the testimony of none. Wharton.
UNWHOLESOME FOOD. Food not fit to be eaten; food which if eaten would be injurious.
UNWRITTEN LAW. All that portion of the law, observed and administered in the courts, which has not been enacted or promulgated in the form of a statute or or­dinance, including the unenacted portions of the common law, general and particular cus­toms having the force of law, and the rules, principles, and maxims established by Ju­dicial precedents or the successive like de­cisions of the courts. See Code Civ. Proc. Cal. 1903, | 1899; B. & C. Comp. Or. 1901, | 736.
In recent years, this term has been pop­ularly and falsely applied to a supposed local principle or sentiment which justifies private vengeance, particularly the slaying of a man who has insulted a woman, when perpetrated by her kinsman or husband. It is needless to say that no such law exists, and that such an opinion or sentiment how­ever prevalent could not by any possible right use of language be termed a "law" or furnish a legal justification for a homicide.
UPLIFTED HAND. The hand raised towards the heavens, in one of the forms of taking an oath, instead of being laid upon the Gospels.
UPPER BENCH. The court of king's bench, in England, was so called during the interval between 1649 and 1660, the period of the commonwealth, Rolle being then chief justice. See 3 BL Comm. 202.


UPSET PRICE. In sales by auctions, an amount for which property to be sold is put op, so that the first bidder at that price is declared the buyer. Wharton.
UPSUN. In Scotch law. Between the hours of sunrise and sunset. Poinding must be executed with upsun. 1 Porb. Inst pt 3, p. 32.
URBAN HOMESTEAD. See Home­stead.
URBAN SERVITUDE. City servitudes, or servitudes of houses, are called "urban." They are the easements appertaining to the building and construction of houses; as, for instance, the right to light and air, or the right to build a house so as to throw the rain-water on a neighbor's house. Mozley & Whitley; Civ. Code La. 1900, § 711.
URBS. Lat In Roman law. A city, or a walled town. Sometimes it Is put for civitas, and denotes the inhabitants, or both the city and its inhabitants; i. e., the mu­nicipality or commonwealth. By way of spe­cial pre-eminence, urbs meant the city of Rome. Ainsworth.
URE. L. Fr. Effect; practice. Mis en ure, put In practice; carried into effect Kelham.
USAGE. Usage is a reasonable and law­ful public custom concerning transactions of the same nature as those which are to be ef­fected thereby, existing at the place where the obligation is to be performed, and either known to the parties, or so well established, general, and uniform that they must be pre­sumed to have acted with reference thereto. Civ. Code Dak. § 2119. And see Milroy v. Railway Co., 98 Iowa, 188, 67 N. W. 276; Barnard v. Kellogg, 10 Wall. 388, 19 L. Ed. 987; Wilcocks v. Phillips, 29 Fed Cas. 1203; McCarthy v. McArthur, 69 Ark. 313, 63 S. W. 56; Lincoln & K. Bank v. Page, 9 Mass. 156, 6 Am. Dec. 52; Lane v. Bank, 3 Ind. App. 299, 29 N. E. 613; Morningstar v. Cun­ningham, 110 Ind. 328, 11 N. E. 593, 59 Am. Rep. 211.
This word, as used in English law, differs from "custom" and "prescription," in that no man may claim a rent common or other inherit­ance by usage, though he may by prescription. Moveover. a usage is local in all cases, and must be proved; whereas, a custom is frequently general, and as such is noticed without proof. "Usage," in French law, is the "«««*" of Roman law, and corresponds very nearly to the tenancy at will or on sufferance of English law. Brown.
"Usage," in its most extensive meaning, in­cludes both custom and prescription; but, in its narrower signification, the term refers to a general habit, mode, or course of procedure. A usage differs from a custom, in that it does not require that the usage should be immemorial to establish it; but the usage must be known,
certain, uniform, reasonable, and not contrary to law. Lowry v. Read, 3 Brewst. (Pa.) 452.
"Usage" is also called a "custom," though the latter word has also another signification; it is a long and uniform practice: applied to habits, modes, and courses of dealing. It relates to modes of action, and does not comprehend the mere adoption of certain peculiar doctrines or rules of law. Dickinson v. Gay, 7 Allen (Mass.) 29, 83 Am. Dec. 656.
—General usage. One which prevails gen­erally throughout the country, or is followed generally by a given profession or trade, and is not local in its nature or observance.—Usage of trade. A course of dealing; a mode of conducting transactions of a particular kind, proved by witnesses testifying of its existence and uniformity from their knowledge obtained by observation of what is practiced by them­selves and others in the trade to which it re­lates. Haskins v. Warren, 115 Mass. 535.
USANCE. In mercantile law. The com­mon period fixed by the usage or custom or habit of dealing between the country where a bill is drawn, and that where it is payable, for the payment of bills of exchange. It means, in some countries, a month, in others two or more months, and in others half a month. Story, Bills,'%% 50, 144, 332.
USE. A confidence reposed in anotherv who was made tenant of the land, or terre-tenant, that he would dispose of the land according to the intention of the cestui que use, or him to whose use it was granted, and suffer him to take the profits. 2 Bl. Comm. 328.
A right in one person, called the "cestui que use," to take the profits of land of which another has the legal title and possession, together with the duty of defending the same, and of making estates thereof accord­ing to the direction of the cestui que use. Bouvier.
Use is the right given to any one to make a gratuitous use of a thing belonging to an­other, or to exact such a portion of the fruit it produces as is necessary for his personal wants and those of his family. Civ. Code La. art. 626.
Uses and trusts are not so much different things as different aspects of the same subject. A use regards principally the beneficial inter­est; a trust regards principally the nominal ownership. The usage of the two terms is, how­ever, widely different. The word "use" is em­ployed to denote either an estate vested since the statute of uses, and by force of that statute, or to denote such an estate created before that statute as, had it been created since, would have become a legal estate by force of the stat­ute. The word "trust" is employed since that statute to denote the relation between the party invested with the legal estate (whether by force of that statute or independently of it) and the party beneficially entitled, who has hitherto been said to have the equitable estate. Mozley & Whitley.
In conveyancing, "use" literally means "benefit;" thus, in an an ordinary assign­ment of chattels, the assignor transfers the property to the assignee for his "absolute

use and benefit" In the expressions "sepa­rate use," "superstitious use," and "chari­table use," "use" has the same meaning. Sweet
In the civil law. A right of receiving so much of the natural profits of a thing as is necessary to daily sustenance. It differs from "usufruct," which is a right not only to use, but to enjoy. 1 Browne, Civil & Adm. Law, 184.
—Cestui que use. A person for whose use and benefit lands or tenements are held by another. The latter, before the statute of uses, was called the "feoffee to use," and held the nominal or legal title.—Charitable use. See Charitable.—Contingent use. A use limited to take effect upon the happening of some future contingent event; as where lands are conveyed to the use of A. and B., after a marriage shall be had between them. 2 Bl. Comm. 334; Haywood v. Shreve, 44 N. J. Law, 94; Jemison v. Blowers, 5 Barb. (N. Y.) 692.—Executed use. The first use in a conveyance upon which the statute of uses op­erates by bringing the possession to it, the com­bination of which, ?. e., the use and the pos­session, form the legal estate, and thus the Statute is said to execute the use. Wharton. —Executory uses. These are springing uses, which confer a legal title answering to an executory devise; as when a limitation to the use of A. in fee is defeasible by a limitation to the use of B., to arise at a future period, or on a given event.—Feoffee to uses. A person to whom (before the statute of uses) land was conveyed "for the use" of a third person. He held the nominal or legal title, while the third person, called the "cestui que use," was entitled to the beneficial enjoyment of the estate.—Of­ficial use. An active use before the statute of uses, which imposed some duty on the legal owner or feoffee to uses; as a conveyance to A. with directions for him to sell the estate and distribute the proceeds among B., C, and D. To enable A. to perform this duty, he had the degal possession of the estate to be sold. Whar­ton.—Passive use. A permissive use, (q. v.) —Permissive use. A passive use which was resorted to before the statute of uses, in order to avoid a harsh law; as that of mortmain or a feudal forfeiture. It was a mere invention in order to evade the law by secrecy; as a con­veyance to A. to the use of B. A. simply held the possession, and B. enjoyed the profits of the estate. Wharton.—Resulting use. A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses with­out any declaration of the use. 2 Washb. Real Prop. 100. A resulting use arises where the legal seisin is transferred, and no use is ex­pressly declared, nor any consideration nor evi­dence of intent to direct the use. The use then remains in the original grantor, for it cannot be supposed that the estate was intended to be given away, and the statute immediately transfers the legal estate to such resulting use. Wharton.—Secondary use. A use limited to take effect in derogation of a preceding estate, otherwise called a "shifting use," as a convey­ance to the use of A. and his heirs, with a pro­viso that, when B. returns from India, then to the use of C. and his heirs. 1 Steph. Comm. 546.—Shifting use. A use which is so limited that it will be made to shift or transfer itself, from one beneficiary to another, upon the oc­currence of a certain event after its creation. For example, an estate is limited to the use of A. and his heirs, provided that, upon the return of B. from Rome, it shall be to the use of O. and his heirs; this is a shifting use, which transfers itself to C. when the event happens. 1 Steph. Comm. 503; 2 Bl. Comm. 335. These shifting uses are common in all settlements; and,
in marriage settlements, the first use is always to the owner in fee till the marriage, and then to other uses. The fee remains with the owner un­til the marriage, and then it shifts as uses arise. 4 Kent, Comm. 297.—Springing use. A use limited to arise on a future event where no pre­ceding use is limited, and which does not take effect in derogation of any other interest than that which results to the grantor, or remains in him in the mean time. 2 Washb. Real Protf. 281; Smith v. Brisson, 90 N. C. 288.—Statute of uses. An English statute enacted in 1536, (27 Hen. VIII. c. 10,) directed against the prac­tice of creating uses in lands, and which convert­ed the purely equitable title of persons entitled to a use into a legal title or absolute ownership with right of possession. The statute is said to "execute the use," that is, it abolishes the inter­vening estate of the feoffee to uses, and makes the beneficial interest of the cestui que use an absolute legal title.—Superstitious uses. See that title.—Use and occupation. This is the name of an action, being a variety of ot-sumpsit, to be maintained by a landlord against one who has had the occupation and enjoyment of an estate, under a contract to pay therefor, express or implied, but not under such a lease as would support an action specifically for rent —Use plaintiff. One for whbse use (benefit) an action is brought in the name of another. Thus, where the assignee of a chose in action is not allowed to sue in his own name, the ac­tion would be entitled "A. B. (the assignor) for the Use of C. D. (the assignee) against EJ. F." In this case, C. D. is called the "use plain­tiff."
USEE. A person for whose use a suit is brought; otherwise termed the "use plain­tiff."
USEFUL. By "useful," in the patent law, is meant not an invention in all cases superior to the modes now in use for the same purposes, but "useful," in contradis­tinction to frivolous and mischievous, inven­tion. Lowell v. Lewis, 1 Mason, 182, 186, Fed. Cas. No. 8,568.
By "useful" is meant such an invention as may be applied to some beneficial use in society, in contradistinction to an invention which is injurious to the morals, the health, or the good order of society. Bedford v. Hunt, 1 Mason, 302, Fed. Cas. No. 1,217.
USER. The actual exercise or enjoyment of any right or property. It is particularly used of franchises.
—Adverse user. An adverse user is such a use of the property as the owner himself would make, asking no permission, and disre­garding all other claims to it, so far as they conflict with this use. Blanchard v. Moulton, 63 Me. 434; Murray v. Scribner, 74 Wis. 602, 43 N. W. 549; Ward v. Warren, 82 N. Y. 265.
USER DE ACTION. L. Fr. In old prac­tice. The pursuing or bringing an action. Cowell.
USHER. This word Is said to be derived from "huissier," and is the name of a subor­dinate officer in some English courts of law. Archb. Pr. 25.
gentleman usher of the black rod is an of­ficer of the house of lords appointed by let-


lers patent from the crown. His duties are, by himself or deputy, to desire the attendance of the commons In the house of peers when the royal assent is given to bills, either by the king in person or by commission, to ex­ecute orders for the commitment of persons guilty of breach of privilege, and also to as­sist in the Introduction of peers when they take the oaths and their seats. Brown.
USO. In Spanish law. Usage; that which arises from certain things which men say and do and practice uninterruptedly for a great length of time, without any hin­drance whatever. Las Partidas, pt. 1, tit. 2, L 1.
USQUE. Lat. Up to; until. This is a word of exclusion, and a release of all de­mands usque ad a certain day does not cover a bond made on that day. 2 Mod. 28.
Up to the middle of the stream or road.
USUAL. Habitual; ordinary; customary; according to usage or custom; commonly es­tablished, observed, or practised. See Chi­cago & A. R. Co. v. Hause, 71 111. App. 147; Kellogg v. Curtis, 69 Me. 214, 31 Am. Rep. 273; Tescher v Merea, 118 Ind. 586, 21 N. EL 316; Trust Co. v. Norris, 61 Minn. 256, 63 N. W. 634.
—Usual covenants. See Covenant.—Usual terms. A phrase in the common-law practice, which meant pleading issuably, rejoining gratis, and taking short notice of trial. When a de­fendant obtained further time to plead, these were the terms usually imposed. Wharton.
USUARIUS. Lat In the civil law. One who had the mere use of a thing belonging to another for the purpose of supplying his daily wants; a usuary. Dig. 7, 8, 10, pr.; Calvin.
USUCAPIO, op USUCAPTIO. A term of Roman law used to denote a mode of ac­quisition of property. It corresponds very nearly to the term "prescription." But the prescription of Roman law differed from that of the English law, in this: that no mala fide possessor (i. e., person in posses­sion knowingly of the property of another) could, by however long a period, acquire ti­tle by possession merely. The two essential requisites to usucapio were justa causa (i. e., title) and bona fides, (i. e., ignorance.) The term "usucapio" is sometimes, but erroneous­ly, written "usucaptio." Brown. See Pavey v. Vance, 56 Ohio St 162, 46 N. E. 898.
Usncapio constituta est ut aliquia litium finis esset. Prescription was insti­tuted that there might be some end to litiga­tion. Dig. 41, 10, 5; Broom, Max. 894, note.
USUFRUCT. In the civil law. The right of enjoying a thing, the property of
which is vested in another, and to draw from the same all the profit, utility, and advan­tage which it may produce, provided it be without altering the substance of the thing. Civ. Code La. art. 533. And see Mulford v. Le Franc, 26 Cal. 102; Cartwright v. Cart-wright, 18 Tex. 628; Strausse v. Sheriff, 43 La. Ann. 501, 9 South. 102.
—Imperfect usufruct. An imperfect or quasi usufruct is that which is of things which would be useless to the usufructuary if he did not con­sume or expend them -or change the substance of them; as, money, grain, liquors. Civ. Code La. 1900, art. 534.—Perfect usufruct. An usufruct in those things which the usufructuary can enjoy without changing their substance, though their substance may be diminished or deteriorate naturally by time or by the use to which they are applied, as, a house, a piece of land, furniture, and other movable effects. Civ. Code La. 1900, art. 534.—Quasi usufruct. In the civil law. Originally the usufruct gave no right to the substance of the thing, and conse­quently none to its consumption; hence only an inconsumable thing could be the object of it, whether movable or immovable. But in later times the right of usufruct was, by analogy, ex­tended to consumable things, and therewith arose the distinction between true and quasi usu­fructs. See Mackeld. Rom. Law, § 307; Civ. Code La. 1900, art. 534.
USUFRUCTUARY. In the civil law. One who has the usufruct or right of enjoy­ing anything in which he has no property, Cartwright v. Cartwright, 18 Tex. 628.
USUFRUIT. In French law. The same as the usufruct of the English and Roman law.
USURA. Lat. In the civil law. Mon­ey given for the use of money; interest. Commonly used in the plural, "usurce," Dig. 22, 1.
—Usura manifesta. Manifest or open usu­ry ; as distinguished from usura velata, veil­ed or concealed usury, which consists in giv­ing a bond for the loan, in the amount of which is included the stipulated interest.—? Usura maritima. Interest taken on bottom­ry or respondentia bonds, which is proportion­ed to the risk, and is not affected by the usury laws.
Usura est comntodum certum quod propter usum rei nratuatse recipitur. Sed secundario spirare de aliqua retri-butione, ad voluntatem ejus qui xautua-tus est, hoc non est vitiosum. Usury is a certain benefit which is received for the use of a thing lent But to have an understand­ing [literally, to breathe or whisper,] in an incidental way, about some compensation to be made at the pleasure of the borrower, is not lawful. Branch, Princ.; 5 Coke, 706/ Glan. lib. 7, c. 16.
USURARIUS. In old English law. A usurer. Fleta, lib. 2, c. 52, § 14.
USURIOUS. Pertaining to usury; par­taking of the nature of usury; involving usury; tainted with usury; as, a usurious contract.


USURP ATIO. Lat In the civil law. The Interruption of a usucaption, by some act on the part of the real owner. Calvin.
USURPATION. Torts. The unlawful assumption of the use of property which be­longs to another; an interruption or the dis­turbing a man in his right and possession. Tomlins.
In publio law. The unlawful seizure or assumption of sovereign power; the assump­tion of government or supreme power by force or illegally, in derogation of the consti­tution and of the rights of the lawful ruler.
—Usurpation of advowson. An injury which consists in the absolute ouster or dispossession of the patron from the advowson or right of presentation, and which happens when a stran­ger who has no right presents a clerk, and the latter is thereupon admitted and instituted. Brown.—Usurpation of franchise or of­fice. The unjustly intruding upon or exer­cising any office, franchise, or liberty belonging to another.
USURPED POWER. In insurance. An invasion from abroad, or an internal rebel­lion, where armies are drawn up against each other, when the laws are silent, and when the firing of towns becomes unavoida­ble. These words cannot mean the power of a. common mob. 2 Marsh. Ins. 791.
USURPER. One who assumes the right of government by force, contrary to and in violation of the constitution of the country.
USURY. In old English law. Inter­est of money; increase for the loan of mon­ey; a reward for the use of money. 2 Bl. Comm. 454.
In modern law. Unlawful interest; a premium or compensation paid or stipulated to be paid for the use of money borrowed or returned, beyond the rate of interest estab­lished by law. Webster.
An unlawful contract upon the loan of money, to receive the same again with ex­orbitant increase. 4 Bl. Comm. 156.
Usury is the reserving and taking, or con­tracting to reserve and take, either directly or by indirection, a greater sum for the use of money than the lawful interest Code 6a. 1882, § 2051. See Henry v. Bank of Salina, 5 Hill (N. Y.) 528; Parham v. Pulliam, 5 Cold. <Tenn.) 501; New England Mortg. Sec. Co. v. Gay (C. C.) 33 Fed. 640; Lee v. Peckham, 17 Wis. 386; Rosenstein v. Fox, 150 N. Y. 354, 44 N. E. 1027.
USUS. Lat. In Roman law. A precari­ous enjoyment of land, corresponding with the right of habitatio of houses, and being closely analogous to the tenancy at sufferance-or at will of English law. The usuarius (i. e., tenant 'by usus) could only hold on so long as the owner found him convenient, and had to go so soon as ever he was in the owner's way, (moles tus.) The usuarius could not have
a friend to share the produce. It was scarce* ly permitted to him (Justinian says) to have even his wife with him on the land; and he could not let or sell, the right being strictly personal to himself. Brown.
USUS BEIXICI. Lat In international law. Warlike uses or objects. It is the usus bellici which determine an article to be con­traband. 1 Kent, Comm. 141.
Usus est dominium fiduoiarium. Bac
St Uses. Use is a fiduciary dominion.
Usus et status sive possessio potius differunt secundum rationem fori, quam secundum rationem rei. Bac. St Uses. Use and estate, or possession, differ more In the rule of the court than in the rule of the matter.
USUS FRUCTUS. Lat In Roman law. Usufruct; usufructuary right or possession. The temporary right of using a thing, with­out having the ultimate property, or full do­minion, of the substance. 2 Bl. Comm. 327.
was wont to run; applied to a water-course.
UT DE FEODO. L. Lat As of fee.
UT HOSPITES. Lat As guests. 1 Salk. 25, pi. 10.
Ut poena ad paucos, metus ad omnes perveniat. That the punishment may reach a few, but the fear of it affect all. A max­im in criminal law, expressive of one of the principal objects of human punishment 4 Inst 6; 4 Bl. Comm. 11.
Ut res magis valeat quam pereat. That the thing may rather have efEect than be de­stroyed. Saltonstall v. Sanders, 11 Allen (Mass.) 455; Simonds v. Walker, 100 Mass. 113; National Pem'berton Bank v. Lougee, 108 Mass. 373, 11 Am. Rep. 367.
Ut summee potestatis regis est posse quantum velit, sic magnitudinis est veil© quantum possit. 3 Inst 236. As the high­est power of a king is to be able to do all he wishes, so the highest greatness of him is to wish all he is able to do.
UTAS. In old English practice. Octave; the octave; the eighth day following any term or feast. Cowell.
UTERINE. Born of the same mother. A uterine brother or sister is one born of the same mother, but by a different father.
UTERQUE. Lat. Both; each. "The justices, being in doubt as to the meaning of this word in an indictment, demanded the opinions of grammarians, who delivered their


opinions that this word doth aptly signify one of them." 1 Leon. 241.
UTFANGTHEF. In Saxon and old Eng­lish law. The privilege of a lord of a manor to judge and punish a thief dwelling out of his liberty, and committing theft with­out the same, if he were caught within the lord's jurisdiction. Cowell.
UTI. Lat. In the civil law. To use. Strictly, to use for necessary purposes; as distinguished from "frui," to enjoy. Heinecc. Mem. lib. 2, tit 4, § 415.
UTI FRUI. Lat In the civil law. To have the full use and enjoyment of a thing, without damage to its substance. Calvin.
UTI POSSIDETIS. Lat. In the civil law. A species of Interdict for the purpose of retaining possession of a thing, granted to one who, at the time of contesting suit, was in possession of an immovable thing, in or­der that he might be declared the legal pos­sessor. Hallifax, Civil Law, b. 3, c. 6, no. 8.
In international law. A phrase used to signify that the parties to a treaty are to re­tain possession of what they have acquired by force during the war. Wheat. Int. Law, 627.
UTI ROGAS. Lat. In Roman law. The form of words by which a vote in favor of a proposed law was orally expressed. Uti rogas, volo vel juoeo, as you ask, I will or order; I vote as you propose; I am for the law. The letters "U. R." on a ballot ex­pressed the same sentiment. Adams, Rom. Ant. 98, 100.
Utile per inntile non vitiatnr. The use­ful is not vitiated by the useless. Surplus­age does not spoil the remaining part if that is good In itself. Dyer, 392; Broom, Max. 627.
UTELIDAD. Span. In Spanish law. The profit of a thing. White, New Recop. b. 2, tit 2, a 1.
UTIMS. Lat. In the civil law. Use­
ful ; beneficial; equitable; available. Actio
utilis, an equitable action. Calvin. Dies
utilis, an available day.
UTLAGATUS. In old English law. An outlawed person; an outlaw.
Utlagatus est quasi extra legem posi-tns. Caput gerit lupinum. 7 Coke, 14. An outlaw is, as it were, put out of the pro­tection of the law. He bears the head of a wolf.
Utlagatus pro contumacia et fuga, non propter hoc convictus est de facto prin­cipal!. Fleta. One who is outlawed for
contumacy and flight is not on that account convicted of the principal fact.
UTLAGE. L. Ft. An outlaw. Britt C 12.
UTIiESSE. An escape of a felon out of prison.
UTRUBI. In the civil law. The name of a species of interdict for retaining a thing, granted for the purpose of protecting the possession of a movable thing, as the uti possidetis was granted for an immovable. Inst. 4, 15, 4; Mackeld. Rom. Law, § 260.
In Scotch law. An interdict as to mova­bles, by which the colorable possession of a bona fide holder is continued until the final settlement of a contested right; correspond­ing to uti possidetis as to heritable property. Bell.
UTRUMQUE NOSTRUM. Both of US. Words used formerly in bonds.
UTTER. To put or send into circula­tion ; to publish or put forth. To utter and publish an instrument is to declare or assert, directly or indirectly, by words or actions, that it is good; uttering it is a declaration! that it is good, with an intention or offer to pass it Whart Crim. Law, § 703.
To utter, as used in a statute against forgery and counterfeiting, means to offer, whether accepted or not a forged instrument, with the representation, by words or actions, that the same is genuine. See State v. Hor­ner, 48 Mo. 522; People v. Rathbun, 21 Wendv (N. Y.) 521; Lindsey v. State, 38 Ohio St 511; State v. Calkins, 73 Iowa, 128, 34 N. W. 777; People v. Caton, 25 Mich. 392.
UTTER BAR. In English law. The bar at which those barristers, usually junior men, practice who have not yet been raised to the dignity of king's counsel. These junior barristers are said to plead without the bar; while those of the higher rank are admitted to seats within the bar, and ad­dress the court or a jury from a place re­served for them, and divided off by a bar. Brown.
UTTER BARRISTER. In English law. Those barristers who plead without the bar, and are distinguished from benchers, or those who have been readers, and who are allowed to plead within the bar, as the king's counsel are. Cowell.
UXOR. Lat In the civil law. A wife; a woman lawfully married.
—Et uxor. And his wife. A term used in indexing, abstracting, and describing convey­ances made by a man and his wife as grantors, or to a man and his wife as grantees. Often abbreviated "et ux." Thus, "John Doe et ux. to Richard Roe."—Jure uxoris. In right of bis


wife. A term used of a husband who joins in a deed, is seised of an estate, brings a suit, etc., in the right or on the behalf of his wife. 3 Bl. Oomm. 210.
Uxor et filius sunt nomina naturae. Wife and son are names of nature. 4 Bac Works, 350.
Uxor non est sni juris, sed sab potes-tate viri. A wife is not her own mistress,
but is under the power of her husband. 8 Inst. 108.
"Uxor seqnitnr domicilium viri. A wifs
follows the domicile of her husband. Tray. Lat. Max. 606.
UXORICIDE. The killing of a wife bj her husband; one who murders his wife Not a technical term of the law.

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