Page:Black's Law Dictionary (Second Edition).djvu/1192

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UNCORE PRIST. L. Fr. Still ready. A species of plea or replication by which the party alieges that he is still ready to pay or perform ail that is justly demanded of him. In conjunction with the phrase “tout tnmps prlst." it signifies that he has always been

0 and still is ready.

UNCUTH. In Saxon law. Unknown; a stranger. A person entertained in the house of another was, on the first night of his en-

tert-iinnieut, so called. Bract. i'oi. 12-lb.

‘UNDE NIHIL HABET. Lat. In old English Law. The name of the writ of dow- er, which lay for a widow, where no do-wer at all had been assigned her within the

0 Lime iimited by law. 3 Bl. Comm. 133.

UNDEFENDED. 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 lie unxlefeuded when the defendant makes defauit. in not putting in an appearance to the plaintiff's action; in not putting in his statement of defense; or in not appe-iring at the trhil either peisonally or by couusei after having received due

notice. Mozley & Vviiitiey.

‘UNDER AND SUBJECT. Words frequently used in conveyances of land which is snluert to a mortgage, to show that the

gr iutec takes subject to such mortgage. See ‘Vnlizer v. Physick, 5 Pa. 203: Moore's Apperii. 88 Pa. 453, 32 Am. Rep. 469; Blood v. Crew Lisick Co., 171 Pu. 328, 33 Atl. 3-1-1; Lavelle 7. Gordon. 15 Mont. 515, 39 Pac. 740.

UNDER-CHAMBEELAINS OF THE EXCHEQUER. Two officers who cieaved the tallies written by the clerk of the tallies, and read the same. that the clerk of the ileii and comptroiiers thereof might see their entries were true. They also made searches for records in the treasury, and had the custody of Domesday Book. Cowell. The oiiice is now abolished.

UNDER-LEASE. In conveyancing. A 'lease granted by one who is hiniseif a ietsee for years, for any fewer or iess number of yeuis than he hiinself hoids. If a deed passes all the estate or time of the tormor, it an assigniiicnt: but, if it be for less portion of time than the whole term, it is ‘an umier-lease, and leaves a reversion in the termor. 4 Kent, Comm. 911

UNDER-SHERIFF. An officer who acts directiy under the sheriff, and performs all the duties of the sheriff's oiiice, a few only excepted where the personal presence of the high-shei-iii’ is necasary. The sheriff is civilly responsible for the acts or omissions 01‘ his under-sheriff. Moziey & Whltiey.

A distinction is made between this officer and a deputy, the latter being appointed for



a special occasion or purpose, while the former discharges, l.u general, all the duties re quired by the sheriifs office.

UNDER-TENANT. A tennnt under one who is himself a tenant: one who hoids by under-iease.

UNDER-TUTOR. In Louisiana in every tutorship there shaii he an undertutor, whom it shall he the duty of the judge to appoint at the time letters of turn ship are certified for the tutor. it is M duty of the under-tutor to act for the niinor whenever the interest of the minor is in opposition to the interest of the tutor. C-iv. Code La. 1838, arts. 300, 301.

UNDER-TREASURER OF ENGLAND. He niio transacted the business or the lord high treasurer.

UJTDERLIE THE LAW. In Scotch criminal procedure, an accused person. in appearing to t-ike his trial, is siiid to compeiir and nndei lie the law." liiozley & Whit- ley.

UNDI-IRSTANDING. In the law of mutracts. This is a loose and ambiguous term, unless it he accompanied by some (L[|lDS- sion to show that it constituted a meeting of the minds of parties upon souicthlnz l‘E- specting which they intended to be bi,-und. Camp v. Waring. 25 Conn. 529. But it may denote an informai agreement, or a CUl\.‘ili'- reuce as to its terms. See Barkow v. Sang- er, 47 Wis. 507, 3 N. W. 16.

‘UNDERSTOOD. The phrase “it is lili- derstood." when employed as a word _of cuntrnct in a Written agreement, has the s-inie force as the words “it is agreed." Higginson v. Weid, 14 Gray (Mass.) 165.

UNDERTAKING. A prouiise. engage-

ment, or stipulation. Each of the promises made by the parties to a contract, considered independently and not as miitnai, may. in this sense, he denominated an "undertak- mg." “Undertaking" is frequently used in the speciai sense of a promise given in tile cuurse of legal proceedings by a party or bis connsei. generally as a condition to oiitziining some concession from the court or the oppo- slte party. Sweet.

'UN'Dl-IETOOK. Agreed; assumed. This is the technical word to be used in alleging the promise which forms the basis of an action of assumnsit.

UN1)ERWRITER. The person who insures another in a fire or ilfe policy; the insurer. See Chiids v. Firemen’s Ins. Co.. H6 Minn. 393, 69 N. W. 141. 35 L. R. A. 99.

A person who joins with others in enterin): into a marine poiicy of insurance as in-