UBERRIMA FIDES. Perfect good faith;  abundant good faith.

   2. This phrase is used to express that a contract must be made
in perfect  good faith,  concealing nothing;   as  in the case of
insurance, the  insured must  observe the most perfect good faith
towards the  insurer. 1  Story, Eq. Jur. §317;  3 Kent, Com. 283,
4th ed.

   UKAAS, or UKASE. The name of a law or ordinance emanating from
the czar of Russia.

  ULLAGE, com. law. When a cask is gauged, what it wants of being
full is called ullage.

   ULTIMATUM. The  last proposition  made in making a contract, a
treaty, and  the like;   as,  the government of the United States
has given  its ultimatum,  has made  the last proposition it will
make to  complete the  proposed treaty.  The word  also means the
result of a negotiation, and it comprises the final determination
of the parties concerned in the object in dispute.

   ULTIMUM SUPPLICIUM.  The last  or  extreme  punishment;    the
penalty of death.

   ULTIMUS HAERES.  The last or remote heir;  the lord. So called
in contra-dis-tinction  to the haeredes proximus, (q. v.) and the
haeredes remotiores. (q. v.) Dalr Feud. Pr. 110.

   UMPIRAGE. The decision of an umpire. This word is used for the
judgment of an umpire, as the word award is employed to designate
that of arbitrators.

  UMPIRE. A person selected by two or more arbitrators. When they
are authorize to do so by the submission of the parties, and they
cannot agree  as to  the subject-matter  referred to  them, whose
duty it is to decide the matter in dispute. Sometimes the term is
applied  to   a  single   arbitrator,  selected  by  the  parties
themselves. Kyd  on Awards,  6, 75, 77 Caldw. on Arb. 38;  Dane's
Ab. Index,  h. t.;   3 Vin. Ab. 93;  Com. Dig. Arbitrament, F;  4
Dall. 271, 432;  4 Sco. N. S. 378;  Bouv. Inst. Index, h. t.

  UNA VOCE. With one voice unanimously.

   UNALIENABLE. The  state of  a thing  or right  which cannot be

   2. Things  which are  not in commerce, as public roads, are in
their  nature   unalienable.  Some  things  are  unalienable,  in
consequence of  particular provisions in the law forbidding their
sale or  transfer, as  pensions granted  by the  government.  The
natural rights of life and liberty are unalienable.

   UNANIMITY. The  agreement of  all the  persons concerned  in a
thing in design and opinion.

  2. Generally a simple majority (q. v.) of any number of persons
is sufficient  to do  such acts  as the whole number can do;  for

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example, a majority of the legislature can pass a law:  but there
are some  cases in  which unanimity  is required;  for example, a
traverse jury,  composed of  twelve individuals, cannot decide an
issue submitted to them, unless they are unanimous.

  UNCERTAINTY. That which is unknown or vague. Vide Certainty.

   UNCONDITIONAL. That  which is  without condition;   that which
must be  performed without  regard to  what has  happened or  may

   UNCONDITIONAL CONTRACT,  contracts. One  which does not depend
upon any condition whatever. 1 Bouv. Inst. n. 730.

   UNCONSCIONABLE BARGAIN,  contracts. A 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. 4 Bouv.
Inst. n. 3848.

  UNCONSTITUTIONAL. That which is contrary to the constitution.

   2. When  an act of the legislature is repugnant or contrary to
the constitution,  it is,  ipso facto,  void. 2  Pet. R. 522;  12
Wheat. 270;  3 Dall. 286;  4 Dall. 18.

  3. The courts have the power, and it is their duty, when an act
is unconstitutional,  to declare  it to be so;  but this will not
be done  except in  a clear  case and,  as  an  additional  guard
against error,  the supreme court of the United States refuses to
take up a case involving constitutional questions, when the court
is not  full. 9  Pet. 85.  Vide 6  Cranch, 128;   1 Binn. 419;  5
Binn. 355;   2 Penns 184;  3 S. & R. 169;  7 Pick. 466;  13 Pick.
60;   2 Yeates, 493;  1 Virg. Cas. 20;  1 Blackf. 206 6 Rand. 245
1 Murph.  58;  Harper, 385 1 Breese, 209 Pr. Dee. 64, 89;  1 Rep.
Cons. Ct.  267 1 Car. Law Repos. 246 4 Munr. 43;  5 Hayw. 271;  1
Cowen, 550;  1 South. 192;  2 South. 466;  7 N H. Rep. 65, 66;  1
Chip, 237, 257;  10 Conn. 522;  7 Gill & John. 7;  2 Litt. 90;  3
Desaus. 476.

   UNCORE PRIT,  pleading. This  barbarous phrase  of old French,
which is  the same with encore pret, yet ready, is used in a plea
in bar  to an  action of  debt on a bond due at a day past;  when
the defendant  pleads a tender on the day it became due, and adds
that he  is uncore  prit, still ready to pay the same. 3 Bl. Com.
303;   Doct. Pl.  526 Dane's  Ab. Index,  h. t.  Vide tout  temps

   UNDE NIHIL  HABET. Of which she has nothing. When no dower had
been assigned to the widow during the time prescribed by law, she
could, at common law, sue out a writ of dower unde nihil habet. 3
Bl. Com. 183.

   UNDERLEASE, contracts.  An alienation by a tenant of a part of
his lease,  reserving to himself a reversion;  it differs from an
assignment, which  is a  transfer of all the tenant's interest in
the lease.  3 Wils.  234;   S.  C.  Bl.  Rep.  766.  And  even  a
conveyance of  the whole  estate  by  the  lessee,  reserving  to

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himself the  rent, with  a power of re-entry for non-payment, was
held to  be, not  an assignment,  but an underlease. Str. 405. In
Ohio it  has been decided that the transfer of only a part of the
lands, though  for the  whole term, is an underlease;  2 Ohio, R.
216;    in  Kentucky,  such  a  transfer,  on  the  contrary,  is
considered as an assignment. 4 Bibb. R. 538.

   2. In  leases there is frequently introduced a covenant on the
part of  the lessee,  that he will not underlet the premises, nor
assign the lease. This refers to the voluntary act of the tenant,
and the  covenant is  not broken  when the  lease is  transferred
without any act on his part;  as, if it be sold by the sheriff on
execution, or by assignees in bankruptcy, or by an executor. 8 T.
R. 57;  3 M. & S. 353;  1 Ves. 295.

   3. The underlessor has a right to distrain for the rent due to
him, which,  the assignor of a lease has not. The under-lessee is
not liable personally to the original lessor, nor is his property
subject to  his claim  for rent  longer than  while it  is on the
leased premises,  when it may be distrained upon. The assignee of
the lessee  stands in  a different  situation. He is liable to an
action by  the landlord  or his  assignee for  the rent, upon the
ground of  privity of  estate. 1  Hill. Ab. 125, 6;  4 Kent, Com.
95;   9 Pick.  R. 52;  14 Mass. 487;  5 Watts, R. 134. Vide 2 Bl.
R. 766;   3  Wils. 234;   4  Campb. 73;   Bouv. Inst. Index, tit.
Underletting. Vide  Estate for years;  Lease;  Lessee;  Notice to
quit;  Tenant for years.

   UNDER-SHERIFF. A  deputy of a sheriff. The principal is called
high-sheriff, and the deputy the under-sheriff. Vide 1 Phil . Ev.
Index, h. t.

  UNDER-TENANT. One who holds by virtue of an underlease. (q. v.)
See Subtenant.

   UNDERTAKING, contracts. An engagement by one of the parties to
a contract  to the  other, and  not the  mutual engagement of the
parties to  each other;   a promise. 5 East, R. 17;  2 Leon. 224,
5;  4 B, & A. 595.

  UNDERTOOK. Assumed;  promised.

  2. This is a technical word which ought to be inserted in every
declaration of  assumpsit, charging  that the defendant undertook
to perform  the promise which is the foundation of the suit;  and
this though the promise be founded on a legal liability, or would
be implied  in evidence.  Bac. Ab  Assumpsit, F;  1 Chit. Pl. 88,
note p.

   UNDER-TUTOR, law of Louisiana. In every tutorship, there shall
be an  undertutor, whom  it shall  be the  duty of  the judge  to
appoint at  the time  letters of  tutorship are certified for the

   2. 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.  Civil Code, art. 300, 301;  1 N. S. 462;
9 M.  R. 643;   11  L. R. 189;  Poth. Des Personnes, partie prem.
tit. 6, s. 5, art. 2. Vide Pro-curator;  Protutor.

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   UNDERWRITER, insurances.  One who signs a policy of insurance,
by which he becomes an insurer.

   2. By  this act he places himself as to his responsibility, in
the place  of the insured. He may cause a re-insurance (q. v.) to
be made  for his  benefit;   and it  is his duty to act with good
faith, and,  without quibbling,  to pay  all just demands against
him for losses. Marsh. Ins. 45,

   UNDIVIDED. That which is held by the same title by two or more
persons, whether their rights are equal, as to value or quantity,
or unequal.

   2. Tenants  in common,  joint-tenants, and  partners, hold  an
undivided right  in their  respective properties, until partition
has been  made. The  rights of  each owner  of an undivided thing
extends over  the whole  and every  part of it, totum in toto, et
totum in qualibet parte. Vide Partition;  Per my et per tout.

   UNICA TAXATIO,  practice. The  ancient 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. Lee's Dict. h. t.

   UNILATERAL CONTRACT,  civil law.  When the  party to  whom  an
engagement is  made, makes  no express agreement on his part, the
contract is  called uni-lateral,  even in  cases  where  the  law
attaches certain  obligations to his acceptance. Civ. Code of Lo.
art. 1758.  Code Nap.  1103. A loan of money, and a loan for use,
are of  this kind.  Poth. Obl.  part 1, c. 1, s. 1, art. 2;  Lee.
Elemen. §781.

  UNINTELLIGIBLE. That which cannot be understood.

   2. When  a law, a contract, or will, is unintelligible, it has
no effect  whatever. Vide Construction, and the authorities there
referred to.

  UNIO PROLIUM. A species of adoption used among the Germans;  it
signifies union of descent. It takes place when a widower, having
children, marries  a widow,  who also has children. These parents
then agree  that the  children of  both marriages  shall have the
rights to  their succession,  as those which may be the fruits of
their marriage. Lec. Elem. §187.

  UNION. By this word is understood the United States of America;
as, all good citizens will support the Union.

  UNITED STATES OF AMERICA.  The name of this country. The United
States,  now   thirty-one  in   number,  are  Alabama,  Arkansas,
Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa,
Kentucky, Louisiana,  Maine, Maryland,  Massachusetts,  Michigan,
Mississippi, Missouri,  New Hampshire, New Jersey, New York North
Carolina,  Ohio,  Pennsylvania,  Rhode  Island,  South  Carolina,
Tennessee, Texas, Vermont, Virginia, Wisconsin, and California.

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   2. The territory of which these states are composed was at one
time dependent generally on  the crown  of Great Britain,  though
governed by  the local  legislatures of  the country.  It is  not
within the  plan of  this work to give a history of the colonies;
on this  subject the  reader is referred to Kent's Com. sect. 10;
Story on the Constitution, Book 1;  8 Wheat. Rep. 543;  Marshall,
Hist. Colon.

   3. The neglect of the British government to redress grievances
which had been felt by the people, induced the colonies to form a
closer connexion than their  former isolated state,  in the hopes
that  by a union  they might procure  what  they  had  separately
endeavored in vain, to obtain. In 1774, Massachusetts recommended
that a congress of the colonies should be assembled to deliberate
upon the state of public affairs;  and on the fourth of September
of the following year, the delegates to such a congress assembled
in Philadelphia.  Connecticut, Delaware, Maryland, Massachusetts,
New  Hampshire,   New   Jersey,   New   York,   North   Carolina,
Pennsylvania, Rhode  Island, South  Carolina, and  Virginia, were
represented  by   their  delegates;     Georgia   alone  was  not
represented.  This congress,  thus organized,  exercised de facto
and de jure,  a sovereign authority,  not as the delegated agents
of the governments de facto of the colonies, but in virtue of the
original powers  derived from the people.  This, which was called
the revolutionary government,  terminated only when superseded by
the confederated  government under the articles of confederation,
ratified in 1781.  Serg. on the Const. Intr. 7, 8.

   4. The  state of  alarm and  danger in which the colonies then
stood induced  the formation of a second congress. The delegates,
representing all the states, met in May, 1775.  This congress put
the country  in a  state of  defence,  and  made  provisions  for
carrying on  the war  with the  mother  country;    and  for  the
internal regulations of which they were then in need;  and on the
fourth day  of July,  1776, adopted and issued the Declaration of
Independence. (q.  v.)  The articles of  confederation,  (q.  v.)
adopted on  the first  day of  March, 1781, 1 Story on the Const.
§225;   1 Kent's  Comm. 211,  continued in  force until the first
Wednesday in  March, 1789,  when  the  present  constitution  was
adopted.  5 Wheat. 420.

   5. The United States of America are a corporation endowed with
the capacity to sue and be sued,  to convey and receive property.
1 Marsh.  Dec. 177, 181. But it is proper to observe that no suit
can be  brought against  the United  States without  authority of

   6. The  states, individually, retain all the powers which they
possessed at  the formation  of the  constitution, and which have
not been given to congress. (q. v.)

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   7. Besides  the states which are  above enumerated,  there are
various territories,  (q. v.) which are a species of dependencies
of the  United States.   New  states may  be admitted by congress
into this  union;   but no  new state  shall be formed or erected
within the  jurisdiction of  any other  state, nor  any state  be
formed by the junction of two or more states, or parts of states,
without the  consent of the legislatures of the states concerned,
as well  as of congress.  Const.  art. 4, s. 3.   And the  United
States shall  guaranty to every state in this union, a republican
form of government.  Id.  art. 4,  s. 4.  See the  names  of  the
several states;  and Constitution of the United States.

    UNITY,  estates.  An  agreement  or  coincidence  of  certain
qualities in the title of a joint estate or an estate in common.

   2. In  a joint  estate there must exist four unities;  that of
interest, for  a joint-tenant cannot be entitled to one period of
duration or  quantity of  interest in  lands, and  the other to a
different;   one cannot  be tenant  for life,  and the  other for
years:  that of title, and therefore their estate must be created
by one  and, the  same act;  that of time, for their estates must
be vested  at one  and the same period, as well as by one and the
same title;    and  lastly,  the  unity  of  possession:    hence
joint-tenants are  seised per  my et  per tout, or by the half or
moiety and  by all:    that  is,  each  of  them  has  an  entire
possession, as  well of  every parcel as of the whole. 2 Bl. Com.
179-182;  Co. Litt. 188.

   3. Coparceners  must have  the unities of interest, title, and

   4. In  tenancies in  common, the  unity of possession is alone
required. 2  Bl. Com. 192;  2 Bouv. Inst. n. 1861-83. Vide Estate
in Common;   Estate  in Joint-tenancy;  Joint-tenants;  Tenant in
Common;  Tenants, Joint.

   UNITY OF  POSSESSION. This  term  is  used  to  designate  the
possession by  one person  of  several  estates  or  rights.  For
example, a  right to  an estate to which an easement is attached,
or the  dominant estate,  and to  an  estate  which  an  easement
encumbers, or  the servient  estate, in such case the easement is
extinguished. 3  Mason, Rep.  172;   Poph. 166;  Latch, 153;  and
vide Cro.  Jac. 121.  But a  distinction has  been made between a
thing that  has being by prescription, and one that has its being
ex jure  naturae;   in the  former case  unity of possession will
extinguish the easement;  in the latter, for example, the case of
a water course, the unity will not extinguish it. Poth. 166.

  2. By the civil code of Louisiana, art. 801, every servitude is
extin-guished, when the estate to which it is due, and the estate
owing it,  are united in the same hands. But it is necessary that
the  whole   of  the  two  estates  should  belong  to  the  same
proprietor;   for if  the owner  of one  estate only acquires the
other in  part or  in common  with another person, confusion does
not take effect. Vide Merger.

   UNIVERSAL LEGACY.  A term  used among  civilians. An universal
legacy is a testamentary disposition, by which the testator gives
to one  or several  persons the  whole of  the property  which he
leaves at  his decease.  Civil Code  of Lo. art. 1599;  Code Civ.
art. 1003;  Poth. Donations testamentaires, c. 2, sect. 1, §2.

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  UNIVERSAL PARTNERSHIP. The name of a specie's of partnership by
which all the partners agree to put in common all their property,
universorum bonorum,  not only what they then have, but also what
they shall acquire. Poth. Du Contr. de Societe, n. 29.

   2. In  Louisiana,  universal  partnerships  are  allowed,  but
properly which  may accrue  to one of the parties, after entering
into the  partnership, by  donation, succession,  or legacy, does
not become  common stock,  and any  stipulation to  that  effect,
previous to  the obtaining  the property aforesaid, is void. Civ.
Code, art. 2800.

  UNIVERSITY. The name given to certain societies or corporations
which are  seminaries of  learning where youth are sent to finish
their education. Among the civilians by this term is understood a

   UNJUST. That  which is  done against  the  perfect  rights  of
another;   that which is against the established law;  that which
is opposed  to a  law which  is the  test of  right and  wrong. 1
Toull. tit.  prel. n.  5;   Aust. Jur.  276, n.;   Hein. Lec. El.

   UNKNOWN. When goods have been stolen from some person unknown,
they may  be so described in the indictment;  but if the owner be
really known,  an indictment  alleging the  property to belong to
some person unknown is improper. 2 East's P. C. 651 1 Hale, P. C.
512;   Holt's N.  P. C. 596 S. C. 3 Engl. Common Law Rep. 191;  8
C. & P. 773. Vide Indictment;  Quidam.

  UNLAWFUL. That which is contrary to law.

   2. There are two kinds of contracts which are unlawful;  those
which are  void, and  those which are not. When the law expressly
prohibits the  transaction in  respect of  which the agreement is
entered into  and declares  it to be void, it is absolutely so. 3
Binn. R.  533. But  when it  is merely  prohibited, without being
made void,  although unlawful,  it is not void. 12 Serg. & Rawle,
237;   Chitty, Contr. 230;  23 Amer. Jur. 1 to 23;  1 Mod. 35;  8
East, R.  236, 237;   3  Taunt. R. 244;  Hob. 14. Vide Condition;

  UNLAWFUL ASSEMBLY, crim. law. A disturbance of the public peace
by three  or more  persons  who  meet  together  with  an  intent
mutually to  assist each  other in the execution of some unlawful
enterprise of a private nature, with force and violence;  if they
move forward towards its execution, it is then a rout (q. v.) and
if they  actually execute their design, it amounts to a riot. (q.
v.) 4  Bl. Com.  140;   1 Russ.  on Cr.  254;  Hawk. c. 65, s. 9;
Com. Dig. Forcible Entry, D 10;  Vin. Abr. Riots, &c., A.

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    UNLAWFULLY,  pleadings.  This  word  is  frequently  used  in
indictments in  the description  of the offence;  it is necessary
when the  crime did  not exist at common law, and when a statute,
in describing  an offence  which it  creates, uses  the  word,  1
Moody, Cr.  Cas. 339;   but  it is unnecessary whenever the crime
existed at common law, and is manifestly illegal. 1 Chitty, Crim.
Law, *241;  Hawk. B. 2, c. 95, s. 96;  2 Roll. Ab. 82;  Bac. Abr.
Indictment, G 1 Cro. C. C. 38, 43.

   UNLIQUIDATED DAMAGES.  Such damages,  as are unascertained. In
general such  damages cannot  be set-off.  No  interest  will  be
allowed on  unliquidated damages.  1 Bouv.  Inst.  n.  1108.  See
Liquidated, Liquidated Damages.

  UNQUES, law French. Yet. This barbarous word is frequently used
in pleas  as, Ne  unques executor,  Ne unquas guardian, Ne unques
accouple;  and the like.

  UNSOUND MIND;  UNSOUND MEMORY. These words have been adopted in
several statutes, and sometimes indiscriminately used to signify,
not  only  lunacy,  which  is  periodical  madness,  but  also  a
permanent adventitious  insanity as  distinguished from idiocy. 1
Ridg. Parl. Cases, 518;  3 Atk. 171.

   2. The  term unsound  mind seems  to have  been used  in those
statutes in the same sense as insane;  but they have been said to
import  that   the  party   was  in   some  such   state  as  was
contradistinguished from  idiocy and from lunacy, and yet such is
made him  a proper  subject of  a commission to inquire of idiocy
and lunacy.  Shelf. on  Lun. 5;   Ray, Med. Jur. Prel. §8;  Hals.
Med. Jur. 336;  8 Ves. 66;  19 Ves. 286;  1 Beck's Med. Jur. 573;
Coop. Ch. Cas. 108;  12 Ves. 447;  2 Mad. Ch. Pr. 731, 732.

  UNSOUNDNESS. Vide Crib-biting;  Roaring;  Soundness.

   UNWHOLESOME FOOD.  Food not  fit to  be eaten;  food which, if
eaten, would be injurious.

  2. Although the law does not in general consider a sale to be a
warranty or goodness of the quality of a personal chattel, yet it
is otherwise  with regard  to  food  and  liquor  when  sold  for
consumption. 1 Roll. Ab. 90, pl. 1 and 2.

   UPLIFTED HAND.  When a man accused of a crime is arraigned, he
is required  to raise his hand, probably in order to identify the
person who  pleads. Perhaps  for the  same reason  when a witness
adopts a  particular mode  of taking an oath, as when he does not
swear upon  the gospel, but upon Almighty God, he is requested to
hold up his hand.

   URBAN. Relating  to a  city;   but in  a more general sense it
signifies relating to houses.

   2. It  is used  in this  latter sense  in the  civil  code  of
Louisiana, articles  706 and  707. All servitudes are established
either for  the use  of houses  or for the use of lands. Those of
the first kind are called urban servitudes, whether the buildings
to which  they are due be situated in the city or in the country.
Those of the second kind are called rural servitudes.

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   3. The  principal kinds of urban servitudes are the following:
the right  of support;   that  of drip;   that  of drain,  or  of
preventing the drain, that of view or of lights, or of preventing
the view  or lights  from being  obstructed:    that  of  raising
buildings or  walls, or of preventing them from being raised that
of passage  and that  of drawing  water. Vide  3 Toull.  p.  441;
Poth. Introd.  au tit. 13 de la Coutume d'Orleans, n. 2;  Introd.
Id. n. 2.

  USAGE. Long and uniform practice. In its most extensive meaning
this term  includes custom  and prescription,  though it  differs
from them  in a  narrower sense,  it is  applied to  the  habits,
modes,  and  course  of  dealing  which  are  observed  in  trade
generally,  as   to  all  mercantile  transactions,  or  to  some
particular branches of trade.

   2. Usage  of trade  does  not  require  to  be  immemorial  to
establish it;   if it be known, certain, uniform, reasonable, and
not contrary  to law,  it is  sufficient. But  evidence of  a few
instances that  such a  thing has  been done does not establish a
usage. 3  Watts, 178;   3  Wash. C. C. R. 150;  1 Gallis. 443;  5
Binn. 287;  9 Pick. 426;  4 B. & Ald. 210;  7 Pet. 1;  2 Wash. C.
C. R. 7.

   3. The  usages of  trade afford  ground upon  which  a  proper
construction  may  be  given  to  contracts.  By  their  aid  the
indeterminate intention  of parties  and the nature and extent of
their contracts  arising from  mere implications or presumptions,
and act  of an  equivocal character  may be ascertained;  and the
meaning of  words and  doubtful expressions  may become  known. 2
Mete. 65;   2 Sumn. 569;  2 G. & J. 136;  13 Pick. 182;  Story on
Ag. §77;   2  Kent, Com. 662, 3d ed.;  5 Wheat. 326;  2 Car. & P.
525;   3 B. & Ald. 728;  Park. on Ins. 30;  1 Marsh. Ins. 186, n.
20;   1 Caines, 45 Gilp. 356, 486;  1 Edw. Ch. R. 146;  1 N. & M.
519;  15 Mass. 433;  1 Rill, R. 270;  Wright, R. 573;  Pet. C. C.
R. 230;   5  Hamm. 436  6 Pet. 715;  2 Pet. 148;  6 Porter, 123 1
Hall, 612;  9 Mass. 155;  9 Wheat. 582 11 Wheat. 430;  1 Pet. 25,

  4. Courts will not readily adopt these usages, because they are
not unfrequently  founded in  mistake. 2  Sumn. 377. See 3 Chitt.
Pr. 55;   Story, Confl. of Laws, §270;  1 Dall. 178;  Vaugh. 169,
383;  Bouv. Inst. Index, h. t.

   USANCE, commercial  law. The term usance comes from usage, and
signifies the time which by usage or custom is allowed in certain
countries, for the payment of a bill of exchange. Poth. Contr. du
Change, n. 15.

   2. The  time of one, two or three mouths after the date of the
bill, according  to the  custom of  the places  between which the
exchanges run.

   3. Double  or treble  is double  or treble the usual time, and
half usance  is half  the time. Where it is necessary to divide a
month upon  a half  usance, which  is the case when the usance is
for  one  month  or  three,  the  division,  notwithstanding  the
difference in the length of the months, contains fifteen days.

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   USE, estates.  A confidence  reposed in  another, who was made
tenant of the land or terre tenant, that he should 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.
Plowd. 352;   Gilb.  on Uses,  1;  Bac. Tr. 150, 306;  Cornish on
Uses, 1  3;  1 Fonb. Eq. 363;  2 Id. 7;  Sanders on Uses, 2;  Co.
Litt. 272,  b;   1 Co.  121;   2 Bl.  Com. 328;  2 Bouv. Inst. n.
1885, et seq.

   2. In  order to  create a  use, there  must always  be a  good
Consideration;   though, when  once raised,  it may  be passed by
grant to  a stranger, without consideration. Doct. & Stu. , Dial.
ch. 22, 23;  Rob. Fr. Conv. 87, n.

   3. Uses  were borrowed from the fidei commissum (q. v.) of the
civil law;   it  was the  duty of a Roman magistrate, the praetor
fidei commissarius,  whom Bacon  terms the  particular chancellor
for uses,  to enforce the observance of this confidence. Inst. 2,
23, 2.

   4. Uses  were introduced  into England by the ecclesiastics in
the reign  of Edward  Ill or  Richard  II,  for  the  purpose  of
avoiding the  statutes of mortmain;  and the clerical chancellors
of those  times held  them to  be fidei  commissa, and binding in
conscience. To  obviate many  inconveniencies  and  difficulties,
which had  arisen out  of the  doctrine and introduction of uses,
the statute of 274 Henry VIII, c. 10, commonly called the statute
of uses,  or  in  conveyances  and  pleadings,  the  statute  for
transferring uses  into possession,  was passed.  It enacts, that
"when any  person shall  be seised  of lands,  &c., to  the  use,
confidence or  trust of  any other  person or  body politic,  the
person or  corporation entitled  to the  use in  fee simple,  fee
tail, for  life, or  years, or  otherwise, shall from thenceforth
stand and  be seised or possessed of the land, &c., of and in the
like estate  as they  have in  the use, trust or confidence;  and
that the  estates of  the persons so seised to the uses, shall be
deemed to  be in  him or them that have the use, in such quality,
manner, form  and condition,  as they had before in the use." The
statute  thus  executes  the  use;    that  is,  it  conveys  the
possession to  the use,  and transfers the use to the possession;
and, in  this manner, making the cestui que use complete owner of
the lands  and tenements, as well at law as in equity. 2 Bl. Com.
333;  1 Saund. 254, note 6.

   5. A  modern use  has been  defined to  be an estate of right,
which is acquired through the operation of the statute of 27 Hen.
VIII., c.  10;   and which,  when it may take effect according to
the rules  of the  common law,  is called  the legal estate;  and
when it may not, is denominated a use, with a term descriptive of
its modification. Cornish on Uses, 35.

   6. The  common law judges decided, in the construction of this
statute, that a use could not be raised upon a use;  Dyer, 155 A;
and that  on a  feoffment to A and his heirs, to the use of B and
his heirs,  in trust  for C  and his  heirs, the statute executed
only the  first use,  and that the second was a mere nullity. The

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judges also held that, as the statute mentioned only such persons
as were  seised to the use of others, it did not extend to a term
of years,  or other  chattel interests,  of which a termor is not
seised but  only possessed.  Bac. Tr. 336;  Poph. 76;  Dyer, 369;
2 Bl. Com. 336;  The rigid literal construction of the statute by
the courts  of law again opened the doors of the chancery courts.
1 Madd. Ch. 448, 450.

   USE, 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's Civ.  Law, 184;  Lecons Elem. du Dr. Civ. Rom.
§414, 416.

   USE AND  OCCUPATION. When  a contract has been made, either by
express or  implied agreement,  for the  use of  a house or other
real estate,  where  there  was  no  amount  of  rent  fixed  and
ascertained, the  landlord can  recover a  reasonable rent  in an
action of  assumpsit for  use and  occupation. 1 Munf. R. 407;  2
Aik. R. 252;  7 J. J. Marsh. 6;  4 Day, R. 228;  13 John. R. 240;
13 John.  R. 297;   4 H. & M. 161;  15 Mass. R. 270;  2 Whart. R.
42;  10 S. & R. 251.

   2. The  action for  use and  occupation is  founded not  on  a
privity of  estate, but on a privity of contract;  3 S. & R. 500;
C. &  N. 19;   therefore  it will not lie where the possession is
tortious. 2  N. &  M. 156;   3 S. & R. 500;  6 N. H. Rep. 298;  6
Ham. R. 371;  14 Mass. R. 95. See Arch. L. & T. 148.

  USEFUL. That which may be put into beneficial practice.

   2. The  patent act  of congress  of July  4, 1836, sect. 6, in
describing the  subjects of  patents, mentions  "new  and  useful
art," and  "new and  useful improvement." To entitle the inventor
to a  patent,  his  invention  must,  to  a  certain  extent,  be
beneficial to  the community,  and not be for an unlawful object,
or frivolous,  or insignificant.  1 Mason,  182;  1 Pet. C. C. R.
322;  1 Bald. 303;  14 Pick. 217;  Paine, 203.

   USHER. This word is said to be derived from a huissier, and is
the name  of an  inferior officer  in some  English courts of law
Archb. Pr. 25.

   USUCAPTION, civil  law. The  manner of  acquiring property  in
things by the lapse of time required by law.

   2. It differs from prescription, which has the same sense, and
means, in  addition, the  manner of  acquiring and losing, by the
effect of time regulated by law, all sorts of rights and actions.
Merl. Repert.  mot Prescription,  tom. xii. page 671;  Ayl. Pand.
320;  Wood's Inst. Civ. Law, 165;  Lecons Elem. du Dr. Rom. §437;
1 Browne's Civ. Law, 264, n.;  vattel, ii. 2, c. 2, §140.

   USUFRUCT, 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.

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   2. The  obligation of not altering the substance of the thing,
however, takes place only in the case of a complete usufruct.

   3. Usufructs are of two kinds;  perfect and imperfect. Perfect
usufruct, which  is of  things which  the usufructuary  can enjoy
without altering  their substance,  though their substance may be
diminished or  deteriorated naturally  by time  or by  the use to
which they  are applied;   as  a house, a piece of land, animals,
furniture and other movable effects. Imperfect or quasi usufruct,
which is  of things which would be useless to the usufructuary if
be did  not consume  and expend  them, or change the substance of
them, as  money, grain, liquors. Civ. Code of Louis. art. 525, et
seq.;   1 Browne's  Civ. Law, 184;  Poth. Tr. du Douaire, n. 194;
Ayl. Pand.  319;   Poth. Pand.  tom. 6, p. 91;  Lecons El. du Dr.
Civ. Rom.  414 Inst. lib. 2, t. 4;  Dig. lib. 7, t. 1, 1. 1 Code,
lib. 3, t. 33;  1 Bouv. Inst. Theolo. ps. 1, c. 1, art. 2, p. 76.

  USUFRUCTUARY, civil law. One who has the right and enjoyment of
an usufruct.

   2. Domat,  with his  usual clearness, points out the duties of
the usufructuary,  which are,  1. To  make an  inventory  of  the
things subject  to the usu-fruct, in the presence of those having
an interest  in them. 2. To give secur-ity for their restitution;
when the usufruct shall be at an end. 3. To take good care of the
things subject  to the  usufruct. 4. To pay all taxes, and claims
which  arise   while  the  thing  is  in  his  possession,  as  a
ground-rent. 5.  To keep  the thing in repair at his own expense.
Lois Civ. liv. 1, t. 11, s. 4. See Estate for life.

   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. Toml. Law Dict. h.

   2. According  to Lord Coke, there are two kinds of usurpation.
1. When  a stranger, without right, presents to a church, and his
clerk is  admitted;   and, 2.  When a subject uses a franchise of
the king without lawful authority. Co. Litt. 277 b.

   USURPATION,  government.  The  tyrannical  assumption  of  the
government  by   force  contrary  to  and  in  violation  of  the
constitution of the country.

   USURPED  POWER,  insurance.  By  an  article  of  the  printed
proposals which  are considered  as making a part of the contract
of insurance  it is  provided, that  "No loss  of damage by fire,
happening by  any invasion,  foreign enemy,  or any  military  or
usurped power whatsoever will be made good by this company." Lord
Chief J.  Wilmot, Mr.  Justice Clive,  and Mr.  Justice Bathurst,
against the  opinion of  Mr. Justice  Gould, determined  that the
true import  of the  words usurped  power in  the proviso, was 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;   but that those words
could not mean the power of a common mob. 2 Marsh. Ins. 390.

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  USURPER, government. One who assumes the right of government by
force, contrary  to and  in violation  of the constitution of the
country. Toull. Dr. Civ. n. 32. Vide Tyranny,

   USURY, contracts.  The illegal  profit which  is required  and
received by  the lender  of a  sum of money from the borrower for
its use. In a more extended and improper sense, it is the receipt
of any  profit whatever  for the use of money:  it is only in the
first of these senses that usury will be here considered.

   2. To  constitute a  usurious contract  the following  are the
requisites:   1. A  loan express or implied. 2. An agreement that
the money  lent shall be returned at all events. 3. Not only that
the money  lent shall  be returned,  but that  for  such  loan  a
greater interest than that fixed by law shall be paid.

   3. -  1. There must be a loan in contemplation of the parties;
7 Pet.  S. C. Rep. 109, 1 Clarke R. 252;  and if there be a loan,
however disguised,  the contract will be usurious, if it be so in
other respects.  Where a  loan was made of depreciated bank notes
to be repaid in sound funds, to enable the borrower to pay a debt
he owed  dollar for  dollar,  it  was  considered  as  not  being
usur-ious. 1 Meigs, R. 585. The bona fide sale of a note, bond or
other security  at a  greater discount than would amount to legal
interest, is  not per  se, a  loan,  although  the  note  may  be
endorsed by  the seller, and he remains responsible. 9 Pet. S. C.
Rep. 103;   1  Clarke, R.  30. But,  if a  note, bond;   or other
security be  made with  a view  to evade  the laws  of usury, and
afterwards  sold  for  a  less  amount  than  the  interest,  the
transaction will  be considered  a loan;   2  Johns. Cas.  60;  3
Johns. Cas.  66;   15 Johns. R. 44 2 Dall. 92;  12 Serg. & Rawle,
46 and  a sale of a man's own note, endorsed by himself, will, be
considered a  loan. lt  is a general rule that a contract, which,
in  its   inception,  is   unaffected  by  usury,  can  never  be
invalidated by  any subsequent usurious transaction. 7 Pet. S. C.
Rep. 109.  On the  contrary, when  the  contract  was  originally
usurious, and  there is  a substitution  by a  new contract,  the
latter will generally be considered usurious. 15 Mass. R. 96.

  4. - 2. There must be a contract for the return of the money at
all events;  for if the return of the principal with interest, or
of the principal only, depend upon a contingency, there can be no
usury;   but if  the contingency extend only to interest, and the
principal be  beyond the  reach of  hazard, the  lender  will  be
guilty of  usury, if  he  received  interest  beyond  the  amount
allowed by  law. As the principal is put to hazard in insurances,
annuities and  bottomry,  the  parties  may  charge  and  receive
greater interest  than is allowed by law in common cases, and the
transaction will not be usurious.

   5. -  3. To  constitute usury  the borrower  must not  only be
obliged to  return the  principal at  all events,  but more  than
lawful interest:   this  part of  the agreement must be made with
full consent  and knowledge  of the contracting parties. 3 Bos. &
Pull, 154.  When the  contract is  made in  a foreign country the
rate of  interest allowed  by the  laws of  that country  may  be

          Bouvier's Law Dictionary : U1 : Page 13 of 14

charged, and  it will  not be usurious, although greater than the
amount fixed  by law  in this. Story, Confl. of Laws, §292. Vide,
generally, Com.  Dig. h. t.;  Bac. Ab. h. t.;  8 Com. Dig. h. t.;
Lilly's Reg.  h. t.;  Dane's Ab. h. t.;  Petersdorff's Ab. h. t.;
Vin. Ab.  h. t.;  2 Bl. Com. 454;  Comyn on Usury, passim;  1 Pt.
S. C Rep. Index, h. t.;  1 Supp. to Yes. jr. 307, 337;  Yelv. 47;
1 Ves.  jr. 527;   1  Saund 295,  note 1;   Poth. h. t.;  and the
article Anatocism;  Interest.

   UTERINE BROTHER, domestic relations. A brother by the mother's

   UTI POSSIDETIS.  This phrase,  which means  as you possess, is
used in international law to signify that the parties to a treaty
are to  retain possession  of what  they have  acquired by  force
during the war.

  TO UTTER, crim. law. To offer, to publish.

   2. To  utter and  publish a  counterfeit note is to assert and
declare, directly  or indirectly,  by words  or actions, that the
note offered  is good.  It is  not necessary  that it  should  be
passed in  order to complete the offence of uttering. 2. Binn. R.
338, 9.  It seems that reading out a document, although the party
refuses to show it, is a sufficient uttering. Jebb's Ir. Cr. Cas.
282. Vide  East, P.  C. 179;   Leach,  251;   2 Stark.  Ev. 378 1
Moody, C.  C. 166;   2  East, P. C. 974 Russ. & Ry. 113;  1 Phil.
Ev. Index,  h. t.;   Roscoe's  Cr. Ev.  301. The merely showing a
false instrument  with intent  to gain a credit when there was no
intention or  attempt made  to pass it, it seems would not amount
to an uttering. Russ. & Ry. 200. Vide Ringing the charge.

   UTTER BARRISTER,  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. The same as ouster barrister. See

  UXOR, civil law. A woman lawfully married.

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