Page:Black's Law Dictionary (Second Edition).djvu/1190

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UBI NON EST PRINCIPALIS

'U'l1i non est prlncipalis, non potest esse accessorius. 4 Colie, 43. Where there is no prnicipal, there cannot be an accessory.

Ubi nulls. est conjectnrn. qnss dncnt nlio, vex-ha intelligendn aunt ex pro- px-ietnte, non grammaticn, sed populnri ex mm. Where there is nothing to call for a different construction, [the] words [of an instrument] are to be undeisloud, not according to their strict grammatical meani ", but accoriling to their popular and ordinary sense. Grot. de Jure B. lib. 2, c. 16.

U'bi nnllnln matrimnninm, ilai nulls. dos. Where there is no nmrriage, there is no dower. Bract. fol. 92; 2 Bl. Comm. 180.

Uhi perionlum, lbi at lucrnm collocatnr. He at whose risk a thing 15, should receive the profits arising from it.

‘[1111 pug-nnntin. inter se in testnmento Juberentur-, nentrnm rntum est. \’Vhere repugnant or inconsistent directions are contained in a will, neither is valid. Dig. 50, 17, 188, pr.

Ubi quid gene:-nliter concerlitnr inest haw exceptio, si non aliquifl sit contra ins fasqne. 10 Coke. 78. Where a thing is conceded generally this exception is impiied: that there shall be nothing contrary to law and right.

UM 111115 (1 e 1 i a I; a i t. ibi punietnl‘. ii here a man offends, there he shall he pun- isheil. 6 Coke, 4712. ln cases of felony, the trial shall he always by the common law in the same place where the offense was, and shall not he supposed in any other place. Id.

UBI RE VERA. Where in reality; when in truth or in point of fan. Gro. Eliz. 645; Cro. Jac. 4.

Ubi verbs conjnncts non sunt snfllcit alter-ntz-um essc factum. Dig. 50, 17, 110, 3. Where words are not conjoined, it is enough if one or other be complied with.

UBIQUITY. Omnipresence; presence in several places, or in all places, at one time. A fiction of English law is the “iegal ubiquity" of the sovereign, by which he is construx-l.i\el,\ present in all the courts. 1 Bi. Comm. 270.

IFDAL. A term mentioned by Blackstone as used in Finland to denote that kind of right in real property which is called, in English law. “al1urlial." 2 Bl. Comm. 45, note 1'.

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

1 182

ULTRA

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

ITLNA FERREA. L. Lat In old Eug- iish law. The iron ell; the standard ell of iron, kept in the exchequer for the rule of measure.

ULNAGE.}} Alnage, (which see)

ULTIMA RATIO.}} Lat. The last argu- ment; the last resort; the means last to he resorted to.

Ultima voluntns teststoc:-is est perimplenda secundnm vernm intentionem suam. Co. Lit-t. 322. The last will of a testator is to be fulfilled according to his true intention.

ULTIJVIATE FACTS. In pleading and practice. Facts in issue: opposed to probative or evidential facts, the latter being such as serve to estahlish or disprove the issues. Kuhn v. Central Smcitlng Co.. 2 Utah. . And see Fsor.

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

ULTIMUM SUPPLICIUM. Lat. The extreme punishment; the extremity of pun- ishment; the punishment of death. 4 Bl. Comm. 17.

Ulthnum supplicium esse marten rolam interpretamnr. The extrecuest pun- ishment we consider to be death alone. Dig. 48, 19, 21.

lJ'.l'..'1‘IM‘Us HERES. Lot. The last or remote helr; the lord. so called in contra- distinction to the hares prrrrimus and the hcvres remotior. Dair. Feud. Prop. 110.

ULTRA. Lat. Beyond: Outside of; in excess of.

Damages ultra, damages iicyond a sum paid into court.

—‘lJ1tra mare. Beyond sea. One of the old essoins or excuses for not appearin,-g in court at the return of process. Bmct. tol. 333. —'U1tz-a reprises. After deduction of drau- bncha; in excess of deductions or expenses.- ‘Ultrn viz-es. A tern: used to express the action of a corporation which is beyond the pow- ers conferrod upon it by its charter, or the statutes under which in was instituted. 1! Am. Law Rev. (132. “l'itm r1'xre.v" is also someti as applied to an act which, though within the powers of a corporation, is not binding on it because the consent or agreement of the corporation has not hcen given in the manner re- quired by its constitution. Thus, where a company delegates certain powers to its directors, all acts done by the directors beyond the scope of those powers are ultra vii-as, and not binding on the company. unless it subsequently ratifies them. Sweet. And see IiIincrs' Ditch 00. v.

Zn-llerbsch, 37 Cal. 578, 99 Am. Dec. 30: