A Law Dictionary, Adapted to the Constitution and Laws of the United States

comm. law. When a cask is guaged, what it wants of being full is called ullage.

A person selected by two or more arbitrators, when they are authorised to do so by the submission of the parties, and they cannot.agree as to the subject-matter referred to them, w

the agreement of all the persons concerned in a thing in design and opinion. Generally a simple majority, (q. v.) of any number of persons is sufficient to do such acts that the wh

persons, is one who has had an understanding, but who, by disease, grief, or other accident, has lost the use of his reason. A lunatic is properly one who has had lucid intervals,

Vide Certainty.

pleading, This barbarous phrase of old French, which is the same with encore prét, yet ready, is used ina plea in bar to an action of debt on a bond due at a day past; when the def

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

insurances, is one who signs a policy of insurance by which he becomes an insurer. By this act he places himself as to his responsibility in the place of the insured. He may cause

what is held by the same title by two or more persons, whether their rights are equal, as to value or quantity, or unequal. Tenants in common, joint-tenants and partners, hold an u

in practsce. 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 a

What cannot be understood. When a law, a contract or will is unintelligible, it has no effect whatever. Vide Construction, and the authorities there referred to. UNITED STATES OF A

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

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

is that which is contrary tolaw. There are two kinds of contracts which are unlawful; those which are void, and those which are not. When the law expressly prohibits the transactio

in crim. law, is 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 enterprise of a

low French, yet. This barbarous word is frequently used in pleas; as, Ne unques executor, Ne unques guardian, Ne unques accouple, and the like.

Long and uniferm practice. Evidence of a few instances that a certain thing has been done, does not establish a usage. The usage of trade affords ground upon which a proper constru

estates, is defined to be a confidence reposed in another, who was made tenant of the land or terretenant, that he should dispose of the land according to the intention of the cest

civ. law, is 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 e

civil law, signifies the manner of acquiring the property in things by the lapse of time required by law. It differs from prescription, which has the same sense, and means, in addi

In the civil law, is 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

in the civil law. One who has the right and enjoyment of a usufruct.

torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man inhis right and possession. Toml. Law Dict. h. t.

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

in 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 or damage by fire, happenin

government, is 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.

contracts, is the illegal profit which is required and received by the lender of a sum of money from the borrower, for it use. Ina more extended and improper sense, it is the recei

domestic relations..A brother by the mother’s side.

civ. law. A woman lawfully married. V. over his estate to the lender, until he had received that sum out of the issues and profits of the land; it waa so called because neither the