Page:Black's Law Dictionary (Second Edition).djvu/1195

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UNIVERSAL

UNIVERSAL. Having relation to the whole or an entirety; pertaining to all Without exception; a term more extensive than "generai," which latter may admit of ex- ceptions. See Biair v. Howell, 68 Iowa. 019, 28 N. W, 199; Koen v. State, 35 Neb. 676, 53 N. ‘V. 59.3, 17 L. R. A. 821.

—Universal agent. 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. Story. Ag. 1 ; l".aId\vi.n v. Tucker, 112 Ky. 25" 65 S. W. 841, 57 L. R A. 451: Wood v. McCain. 7 Aia. 800. —Univexs.o“l legacy. See Lnoacr. Universal partnership. See PsarNr.asrr1r-.—Uni- versal representation. In Scotch law. A term applied to the representation by an heir of his ancestor. eli.—Universa1 succession. in the cl law. Succession to the entire estate of another, a ng or dead, though generally the iatter, importing succession to the entire properly of the predecessor as a juridiczii entirety. that is, to all his active as weli as passive legal relations. MackelfL Rom. Law, § 6-19.

Universalism snnt notiora ulngalin-ilins. 2 Itolle. 20-1. Things universal are better known than things particular.

UNIV]-JRSITAS. Lat. In the civil law. A corporation aggregate. Dig. 3, 4, 7. Literaily, a whole formed out of many individ- uals. 1 Bl. Comm. 469.

—Universita.s factl. In the civil law. A piurality of corporeal things of the same kind, which are regarded as a whole' e. y, it herd of Cattle, 11 stock of goods. iiiackeid. Rom. Law, § 162. Universitas jnril. In the civil iaw. A quantity of things of all sorts, corporeal as weii as incorporeai. Which, taken together, are regarded as a vtfhoie; e. 17 an inheritance, an estate. Maclteld. Rom. La § 162.-—Uni- versitas re:-um. In the c W. Literally, a whole of things. Several single things, which. though not met-hanicnily connected with one another, are, when taken together. regarded as a whole in any legal respect. liiackeid. Ruin. Law, § 162.

UNIVERSITY. An institution of higher icarning, consisting of an assemblage of col- Lcges united under one corporate organization and government, affording instruction in the arts and scienca and the iearned pro- fessions, and conferring degrees. See Com. v. Banks_ 198 Pa. 397, 48 Atl. 277.

UNIVERSITY COURT. See OlIANcim:.- Lon's COURTS IN TE]: Two UNivEBsI'i‘iEs.

UNIVERSUS. Lot. The whole; ail together Calvin UNJUST. Contrary to right and justice,

or to the enjqvment of his rights by another, or to the standards of conduct furnished by the laws.

UNKOUTH. Unknown. form of the Saxon "unc-oiith."

The law French Britt. c. 12.

UNLAGE.}} Sax.

UNLARICI-I. In old Scotch law. That which is done without law or against law. Speiman.

An unjust law.

1187

UN LAWFULLY

UNLAW. In Scotch law. A witness was formerly inadmissible who was not worth the king's «mlaw; i. e., the sum of £10 Scots, then the common fine for absence from court and for sniaii deiinquencies. Beli.

UNLAWFUL. That which is contrary to law.

"Unlawful" and “illegal" are frequently used as synonymous terms, but, in the prop- er scnse of the word, “unlawful," as applied to promises, agreements, conelilerations, and the like, denotes that they are inelIectual in law because they invoive acts which, al- though not illegai, L e., positively forbidden, are disapproved of by the law, and are therefore not recognized as the ground of legal rights. either because they are immorai or because they are against public policy. It is on this ground that contracts in restiaint of marriage or of trade are generally void. Sweet. And see Hageruinn v. Buchanan 45 N. J. Eq. 292, 1'7 Atl. 946. 14 Am St. Rep. 732; '.I‘a1‘:um v. State. 66 Ain. 467; Johnson v. State, 66 Ohio St. 59, G3 1\'. . G07, (31 L. R. A. 277, 90 Am St. Rep. 564: Pliider v. State, 27 Flu. 370, 8 South. 837, 20 Am. St. Rep. 75; 1\IacDaniei v. U. S.. 37 Fed 321. 30 C. C. A. 670; Penpie v. Cl1if‘ll,'._'0 Gas Trust Co., 130 Iii. 268, 22 N. E. 798, 8 L. R. A. 497. 17 Am. St. Rep. 319.

—U'nlawfn1 assembly. At common law. The meeting together of three or more persons, to the disturbance of the public peace, nrid with the intention of cooperating in the forcibie and violent execution of some unlaw- fui private enterprise. If they take steps towards the performance of their 1111111050. it becomes a rout; and, if they put thnir design into actual execution. it is a riot. 4 Bl. Comm. 146. Any meeting of great numbers of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the subjects of the realm. 4 Steph. (‘omm. 2.'i4.—Unlawfn1 detniner. The nnjustifiabie retention of the possession of iande by one whose original entry was lawful and of right, but whose right to the possession has terminated and who refuses to quit, as in the case of a tenant holding over after the termination of the lease and in spite of a demand for possession by the ianrllord. IcDevitt v. Lambert. S0 Ala. 536. 2 South. 43..; Silva v. Campbell, 84 Cal. 420. 24 PM 316: Code Tenn. 1896. § 5093. W'bere an entry upon lands is unlawful, whether forcible or nnt, and the subsequent conduct is forcible and tnrtious, the oifense committed is It “forribie entry and detainer;" but where the ori:iniii entry is lawful, and the subsequent hoiding forcible and tortious, the oifense is an "unlawful detninel" only‘. Puilen v. Boney, 4 N. J. Law, l‘Z9.—Un- lawful entry. An entry upon lands eifectod peaceably and without force, but which is without coior of title and is accomplished by means of fraud or some other wiilfni wrong. Dickinson v. Maguire, 9 Cal. 46; Biaco v. Haiier, 9 Neb. 149, 1 N. ‘V. 978.

UNLAWFULLY. The term is common- ly used in indictments for statutory crimes, to show that the act coiistitutlng the offense was in vioiation of a positive law, especially where the statute itself uses the same

phrase.