The Cyclopedic Law Dictionary

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, Leg. Max. (3d London Ed.) 4

IBI POENA 8UBESSE debet. Where the crime is committed, there the punishment should be inflicted. Jenk. Cent. Cas. 326.

IBI DAMnum sequltur. Wherever there is a wrong, there damage follows. 10 Coke, 116. UBICUNQUE FUERIMUS IN ANGLIA (Law Lat. Wheresoever we shall be in England). The style of the ret

VICTUS VICTOri in expensis condemnari debet. Where damages are given, the losing party should be adjudged to pay the costs of the victor. 2 Inst. 289; 3 Bl. Comm. 399.

IB! IDEM JUS. Where there is the same reason, there is the same law. 7 Coke, 18; Broom, Leg. Max. (3d London Ed.) 145. UBI ET DANTIS ET ACCIPIENTIS TURpitudo versatur, non posse re

IBI PORTIA nulla. Where there is no act, there can be no force. 4 Coke, 43.

IBI REMEDIUM. Where there is a right, there is a remedy. 1 Term R. 512; Co. Litt. 197b; 3 Bouv. Inst, note 2411; 4 Bouv. Inst. 8726. UBI LEX ALIQUEM COGIT OSTENDERE causam, neoesee

NEC NOS distlnguere debemus. Where the law does not distinguish, we ought not to distinguish. 7 Coke, 5.

IBI TOTUM. Where is the greater part, there is the whole. F. Moore, 578.

IBI DOS. Where there is marriage, there is dower. Bracton, 92. UBI NON ADE8T NORMA LEGIS, OMnia quasi pro suspectis habenda sunt. When the law fails to serve as a rule, almost ever

IBI declmae nondebent solvl. Where there is no annual renovation, there tithes ought not to be paid. UBI NON EST CONDENDI AUCTORItas, ibi non est parendi necessitas. Where there is

STANDum est arbitrio judicis, vel procedendum ad simllia. Where there is no direct law, the judgment of the judge must be depended upon, or reference made to similar cases.

IBI NON EST transgressio quoad mundum. Where there is no law, there is no transgression, as it regards the world. 4 Coke, lb. UBI NON EST MANIFESTA INJUSTItia, judices habentur pro

NON Potest esse acoessorius. Where there is no principal, there can be no accessory. 4 Coke, 43. UBI NULLA EST CONJECTURA QUAE ducat alio, verba intelligenda sunt ex prowould lead

IBI NULlum dos. Where th«re Is no marriage there is no dower. Co. Litt. 32a.

IBI ET LUCRUM COLlocatur. He at whose risk a thing is, should receive the profits arising from it. UBI PUGNANTIA INTER SE IN TESTAmento juberentur, neutrum ratum est. 'V^hen two di

Let a man be punished where he commits the offense. 6 Coke, 47. UBI REVERA (Lat.) Where in reality; where in truth, or in point of fact. Cro. Eliz. 645; Cro. Jac. 4.

sufficjt alteratum esse factum. Where words are used disjunctively, it is sufficient that either one of the things enumerated be performed. Dig. 50. 17. 110. 3.

107; 6 Exch. 886, 889; 10 Exch. 449; 2 El. & Bl. 301; Story, Ag. (4th Ed.) 110, 179, 242, 299; Broom, Leg. Max. (3d London Ed.) 431. QUANDO ALIQUID PER SE NON SIT malum, tamen si s

Upper Canada Queen's (King's) Bench Reports, Old Series. U. S. United States;— United States Re- U. S. Ct. CI. Reports of the United States Court of Claims.

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 (f). The term is us

In commercial law. The amount wanting when a cask, on being gauged, is found only partly full.

The standard ell of iron, which was kept in the exchequer for the rule of measure. Mon. Angl. ii. 383.

(L. Lat.) Ftirther argument. A common term in the older reports. 1 Burr. 1020; 2 Wils. 243.

The last resort. ULTIMA VOLUNTAS (Lat.) In old English law. Last will; the last will. In testamento suo, in ultima voluntate sua, in his testament, in his last will. Reg. Grig. 244

The main or primary facts in an issue. The logical results of the proofs. 175 111. 482. The facts which prove the ultimate facts are evidentiary facts or probative facts. The ultim

In Latin phrases. Beyond; outside of. ULTRA MARE (Lat. beyond sea). One of the old essoins or excuses for not appearing in court at the return of process. Bracton, fol. 388.

ET vice versa. What is beyond possibility cannot exist, and the reverse, what cannot exist is not possible. Wingate, Max. 100.

After deductions. ULTRA VIRES (Lat.) The modem technical designation, in the law of corporaof incorporation; as distinguished from acts which are authorized. It was early contended

In Scotch law. A witness who offers his testimony without being regularly cited. The objection only goes to his credibility, and may be removed by a citation at any time before the

(Lat.) Literally, the navel; the center of any thing. The name given to the fourth and middle part of the Digests, consisting of eight books, from the twentieth to the twenty-seven

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.

A person selected by arbitrators who cannot agree as to the subject matter referred to them for the purpose of deciding the matter in dispute. His province is to determine the issu

In capable of being sold. Things which are not incommerce, as public roads, are in their nature unalienable. Some things are unalienable in consequence of particular provisions in

An unavoidable accident is necessarily one occurring not because of negligence. 243 111. 460.

An oath by. relations not to avenge a relation's death. Blount,

Vagueness or obscurity of language in written instruments,

The twelfth part of the Roman as. Dess. Diet, du Dig. "As." The as was one-twelfth of a pound, i. e., an ounce. Id.; 2 BL Comm. 462, note (m). UNCIA TERRAE (Lat.) This phrase often

In the Roman law, an heir to one-twelfth of an estate or inheritance. Calv. Lex.

In English bankruptcy practice, dividends remaining unclaimed for five years are forfeited to the government (Bankruptcy Act 1869, § 116), but may, upon satisfactory proof of right

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, note 8848.

That which is contrary to the constitution. UNCORE PRIST (Law Fr. still ready). In pleading. A plea or replication that the party pleading is still ready to do what is required. Us

In Saxon law. Unknown; a stranger. A person entertained in the house of another was, on the first night of his entertainment, so called. Bracton, fol. 124b. UNDE COGNATI (Lat) In t

In pleading. Without defense or denial. Where judgment passes by default against a defendant, the language in which the default is recorded is that the defendant "says nothing in b

See "Dower." UNDE VI (Lat. wherefrom by force). In the civil law. The technical name of that species of interdict which was granted to recover the possession of an immovable thing

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.

In English law. A person appointed by the sheriff of a county to perform all his ordinary duties in his behalf. Sometimes confounded with a deputy sheriff, but the latter term is p

One who holds by virtue of an underlease.

An obstruction of the course of descent, and a consequent determination of the tenure by some unforeseen contingency, in which case the land naturally reverts back to the original

Assumed; promised. 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

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 i

In insurance. The party who agrees to insure another on life or property, in a policy of insurance. He is also called the "insurer."

As applied to corporate stock, an underwriting agreement is an agreement made before such stock is offered to the public whereby the signer, or "underwriter'' agrees for a certain

(Lat) On all sides; from every quarter. 1 Curtis R. 350.

Held by the same title by two or more persons, whether their rights are equal as to value or quantity, or un- Tenants iij common, joint tenants, ana equal., partners hold an undivi

Any improper constraint, machination or urgency of persuasion whereby the will of a person is overpowered, and he is induced to act otherwise than he would have done. It has been s

Unfair competition consists in conducting a trade or business in such a manner that there is an express or implied representation that the goods or business of one man are the good

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

(L. Lat.) To unite; to make one; to join in a body. UNICA TAXATIO (Lat.) In prao Uce. The ancient language of a special award of verdre, where of several defendants one pleads, and

Conforming to one rule, mode, or unvarying standard; agreeing with each other; substantially one and the same; not different at different times or places; applicable to all places

ACT OF. St. 13 & 14 Car. II. c 4, which regulates the terms of membership in the Church of England and the colleges of Oxford and Cambridge. See St. 9 & 10 Vict. c. 59. The act of

Equality in the burden of taxation, 373 111. 247; taxation which acts alike on all persons similarly situated. 139 Wis. 544, 557: 121 N. W. 347. See "Uniform,"

A contract lacking in mutuality of obligation. In the Civil Law. When the party to whom an engagement is made makes no express agreement on his part, the contract is called "unilat

That which cannot be understood. When a law, a contract, or will is unintelligible, it has no effect whatever. UNIO (Lat.) In canon law. A consolidation of two churches into one. C

In the English Poor Law. Two, or more parishes which have been consolidated for the better administration of the poor law therein. In Ecclesiastical Law. Two or more benefices whic

The unity of persons, as that between husband and wife, or ancestor and heir. UNITED STATES COURT COIVIIVIISSIONers. Officers, more properly "Commissioners of the Circuit Courts of

S. Ct. CI. Reports of the United States Court of Claims.

In the law of estates. The agreement or coincidence of certain qualities in the title of a joint estate or an estate in common. It is the peculiar characteristic of an estate in jo

One of the properties of a joint estate; all the joint tenants being entitled to one period of duration or quantity of interest in the lands. 2 Bl. Comm. 181.

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

The condition which exists where a person seised of land which is subject to an easement, profit a prendre, or similar right, also becomes seised of the land to which the easement

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.

One of the essentials of a joint estate; the estate of all the tenants being created by one and the same act. witness be heard at all. Code, 4. 20. 9; 3 BI. Comm. 370. UNIUSCUJUSQU

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. Such an agency may potentially exist,

In civil law. A testamentary disposition by which the testator gives to one or several persons the whole of the property which he leaves at his decease. Civ. Code La. art. 1599; Ci

The name of a species 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 shal

In Scotch law. The heir universally represents his ancestor, i. e., is responsible for his debts. Originally, this responsibility extended only to the amount of the property to whi

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

See "Chancellors' Courts in the Two Universities." UNIVERSUS (Lat.) The whole; all together. Calv. Lex. In Old English Law. The whole; all Universitatem vestram scire volumtls, we

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 Toullier

Unknown. The law French form of the Saxon "uncouth," or "uncuth." Britt. c. 12. UNLAGE (Saxon, from un, without, and lag, law). An unjust law. LL. Hen. I. c. 34, 84; Cowell.

In old Scotch law. That which is done without law or against law. Spelman.

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 delinq

That to which the law Is opposed. It is not strictly synonymous with "illegal," though so used quite often. "Illegal" means positively forbidden, while "unlawful" may include thing

In criminal 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 enterpr

Such damages as are unascertained; as those arising out of torts, as well as those following breaches of contract, where the amount of damages has not, by agreement, been determine

A debt which one of the parties cannot alone render certain. 69 111. 623; 48 111. 409.

When any part of a demand is, in good faith, disputed, it is unliquidated. A demand is not liquidated, even if it appears that something is due, unless it appears how much is due,

Generally signifies never having been married, but sometimes used in the sense of not having a husband or wife living. 187 111. 315. The word is of flexible meaning to be construed

Sodomy or buggery. UNO AB8URD0 DATO, INFINITA SEquuntur. One absurdity being allowed, an infinity follow. 1 Goke, 102. UNO ACTU (Lat.) In a single act; by one and the same act. UNO

Unoccupied means no one has the actual use or possession. 153 111. App. 33. Unoccupied and vacant are words of the same import. 87 Mich. 188; 49 N. W. 480. UNGUES (Law Fr.) Still;

Wild or unoccupied land. See "Seated Lands." ' UN8EAW0RTHY. See "Seaworthiness."

That war which Is not carried on by the highest power in the states between which it exists, and which lacks the formality of a declaration. Grotius de Jure Belli, et Pac. lib. 1,

or 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 per

A person of outrageous prodigality.

Usually a word of limitation, unless there are other controlling expressions in the connection, showing that a different meaning is intended. 12 IlL 304., When time is given to fil

A statement is untrue which not express things exactly as they are. 188 111. 138. UNUMQUODQUE EODEM MODO QUO colligatum est dissolvitur. In the same manner in which anything is bou

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 vyitness adop

The king's bench was so called during Cromwell's protectorate, when Ko Ue was chief justice. 3 Bl. Comm. 202.

In sales by auctions, an amount for which property to be sold is put up, so that the first bidder at that price is declared the buyer. Wharton.