


                                     U. 

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. Sec. 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 
contradistinction 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 sold. 
     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 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 happen. 

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 Penna 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 
prist. 

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 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 tutor. 
     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 Procurator; Protutor. 

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 
unilateral, 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. Sec. 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. Sec. 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. 
     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. Sec. 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 law. 
     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.) 
     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 
possession. 
     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 
extinguished, 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, Sec. 2. 

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 corporation. 

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. Sec. 1080. 

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 
Eng. 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; Void. 

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. 

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. Sec. 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. 
     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. 
Sec. 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, 
89. 
     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, Sec. 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. 

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 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. Sec. 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. Sec. 437; 1 Browne's Civ. Law, 264, n.; 
vattel, ii. 2, c. 2, Sec. 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. 
     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. pg. 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 usufruct, in the presence of those having an interest in them. 2. To 
give security 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.t. 
     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. 

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 usurious. 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 charged, and it will not be usurious, although greater than the amount 
fixed by law in this. Story, Confl. of Laws, Sec. 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 side. 

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 Barrister. 

UXOR, civil law. A woman lawfully married. 
