Black's Law Dictionary

An abbrevlation for "Upper Bench."

Lat The most abundant good faith; absolute and perfect candor or openness and honesty; the absence of any concealment or deception, however slight.

When anything is granted, that also is granted without which the thing granted cannot exist. Broom, Max. 483; 13 Mees. & W. 706.

Where anything is impeded by one single cause, lf that be removed, the impediment is removed. Branch, Princ., citing 5 Coke, 77a.

Where the crime is committed, there ought the punishment to be undergone. Jenk. Cent 325.

Where damages are given, the vanquished party ought to be condemned in costs to the victor. 2 Inst. 289.

7 Coke, 18. Where the same reason exists, there the same law prevails; and, of things similar, the judgment is similar.

Where the ordinary remedy fails, recourse must be had to an extraordinary one. 4 Coke, 92b.

Where there is turpitude on the part of both giver and receiver, we say It cannot be recovered back; but as often as the turpitude is on the side of the receiver [alone] it can be

Where there is no principal fact, there can be no accessary. 4 Coke, 426.

Where there is a right, there is a remedy. Broom, Max. 191, 204; 1 Term R. 512; Co. Litt. 197b.

Where the law is uncertain, there is no law.

Where the law compels a man to show cause, it is necessary that the cause be just and lawful. 2 Inst 289.

2 Inst. 43. Where the.law is speelal, and the reason of it general, it ought to be taken as being general.

Where the law does not distinguish, neither ought we to distinguish. 7 Coke, 5b.

Where the greater part is, there the whole is. That is, majorities govern. Moore, 578.

When the law fails to serve as a rule, almost everything ought to be suspected. Bac. Aphorisms, 25.

Where there is no annual renovation, there tithes ought not to be paid.

Ir. K. B. 69. Where there is no authority for establishing a rule, there is no necessity of obeying it.

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.

Where there is no law, there is no transgression, so far as relates to the world. 4 Coke, 16b.

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. Y.) 341, 345.

4 Coke, 43. Where there is no principal, there cannot be an accessory.

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 t

Where there ls no marriage, there is no dower. Bract fol. 92; 2 Bl. Comm. 130.

He at whose risk a thing is, should receive the profits arising from it.

Where repugnant or inconsistent directions are contained in a will, neither is valid. Dig. 50, 17, 188, pr.

10 Coke, 78. Where a thing is conceded generally this exception is implied: that there shall be nothing contrary to law and right

Where a man offends, there he shall be punished. 6 Coke, 47b. In cases of felony, the trial shall be always by the common law in the same place where the offense was, and shall not

Omnipresenco; 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

Where in reality; when in truth or in point of fact Cro. Eliz. 645; Cro. Jac. 4.

Dig. 50, 17, 110, 3. Where words are not conjoined, it is enough if one or other be complied with.

An abbreviation for "Upper Canada," used in citing the reports.

A term mentioned by Blaekstone 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 f.

The name of a law or ordinance made by the czar of Russia.

In commercial law. The amount wanting when a cask, on being gauged, is found not to be completely full.

In-Lat. In old English law. The iron ell; the standard ell of iron, kept in the exchequer for the rule of measure.

Alnage, (which see.)

Lat. The last argument; the last resort; the means last to be resorted to.

The final or resulting fact reached by processes of logical reasoning from the detached or successive facts in evidence, and which is fundamental and determinative of the whole cas

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.

Lat. The last. The final and ultimate proposition made in negotiating a treaty or a contract or the like,

Co. Litt. 322. The last will of a testator is to be fulfilled according to his true intention.

Lat. The extreme punishment; the extremity of punishment; the punishment of death. 4 Bl. Comm. 17.

The extremest punishment we consider to be death alone. Dig. 48, 19, 21.

Lat. The last or remote heir; the lord. So called in contradistinction to the hæres proximus and the hœres remotior. Dalr. Feud. Prop. 110.

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

Beyond sea. One of the old essoins or excuses for not appearing in court at the return of process. Bract fol. 338.

What is beyond possibility cannot exist, and the reverse, [what cannot exist id not possible.] Wing. Max. 100.

After deduction of drawbacks; in excess of deductions or expenses.

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 ii was instituted. 13 Am. Law Rev. 632.

In Scotch law. A volunteer witness; one who appears to give evidence without being called upon. 2 Alls. Crim. Pr. 393.

Tbe 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 dec

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

Incapable of being aliened, that is, sold and transferred.

Agreement of all the persens concerned, in holding one and the same opinion or determination of any matter or question; as the cencurrence of a jury in deciding upon their verdict.

7 Coke, 118. One person can scarcely supply the places of two. See 9 H. L. Cas. 274.

Payment in gross, on an estimate as to amount, and where the merchant, on a final liquidation, wlll be entitled by law to allowances or deductions which do not depend on the rate o

Lat. With one voice; unanimously; without dissent.

Not necessarily an acoident 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

In Saxon law. An oath by relations not to avenge a relation's death. Blount.

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

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.

These phrases often oceur 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 bein

Lat. In Roman law. An heir to one-twelfth of an estate or inheritance. Calvin.

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.

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. Hume v. U. S., 132 U. S. 406, 1

That which is contrary in the constitution. The opposite of "constitutional." See State v. McCann, 4 Lea (Tenn.) 10; In re Rahrer (C. C.) 48 Fed. 558, 10 L. R. A. 444; Norton v. Sh

As 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 perso

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

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. 124b.

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

Lat In old English law. The name of the writ of dower, which lay for a widow, where no dower at ali had been assigned her within the time limited by law. 3 Bl. Comm. 183.

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 Appe

Two officers who cleaved the taliies 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.

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 t

In Scotch criminal procedure, an accused person, in appearing to take his trial, is said "to compear and underlie the law." Mozley & Whitley.

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 necessar

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 somethin

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.

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 "und

A tenant under one who is himself a tenant; one who holds by under-lease.

A party is said to be under terms when an indulgence is granted to him by the court in its discretion, on certain conditions. Thus, when an injunction is granted ex parte, the part

Agreed; assumed. This is the technical word to be used in alleging the promise which forms the basis of an action of assumpsit.

He who transacted the business of the lord high treasurer.

In Louislana. 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 tutor. It is

The person who insures another in a fire or life pollcy; the insurer. See Childs v. Firemen's Ins. Co., 69 Minn. 393, 69 N. W. 141, 35 L. R. A. 99. A person who Joins with others i

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.

In old English law. Minors or persons under age not capable of bearing arms. Flete, 1. 1, c. 9; Cowell.

In regaild to the making of a wlll 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

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

See UNFAIR.

In Saxon law. An outlaw; a person whose murder required no composition to be made or tveregeld to be paid, by his slayer.

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 damag

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. Mississ

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.

The English statute of 2 Wm. IV. c. 39, establishing a uniform process for the commencement of actions in all the couris of law at Westminster. 3 Steph. Comm. 566.

The state of being the ouiy begotten.

One-sided; ex parte; having reflation to only one of two or more persens or things. —Unilateral eontraot. See Contract. — Unilateral mistake. A mistake or misunderstanding as to th

See Contract.