Page:Black's Law Dictionary (Second Edition).djvu/1196

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UNLIQUIDATED

UNLIQUIDATED. Not ascertnined in amount; not determined; remalning unassessed or unsettled; as unliquidated dam- ages. See DAMAGES.

UNLIVERY. A term used in maritime inw to designate the unloading of cargo of

1 vessel at the place where it is properly to

be delivered. The Two Catharmes, 24 Fed. Cas. 429.

UNNATURAL orrnnsn. The infa- mous crime against nature; 12. e., sodomy or buggery-

Uno absnrdo data, infinita seqnnntnr. 1 Coke.-102. One absurdity being allowed, an infinity toilows.

UNO ACTU. Lat. one and the same act.

In a single act; by

UNO FLATU. Lot. in one breath. 3 Man. & G. 45. Una flnlu. et «mo inlu/ilu, nt one breath, and in one view. Pope v. Niclzerson, 3 Story, 504. Fed. Cos. No. 11,274.

UNQU]-IS. IULQUGS, IJGVEF.

L. Fr. Ever; always. Ne

UNQUES PRIST. (loweii.

L. Fr. Aiwnys ready. Another torm of tour temps prisl.

UNSEATED LAND. See LAND. UNSEAWORTHY. See Suwonmr.

UNSOLEMN WAR. War denounced without a declaration; war made not upon general but special declaration; imperfect war. People v. McLeod, 1 Hill (N. Y.) 409, 37 Am. Dec. 328.

UNSOUND MIND. A person of unsonrld mind is an aduit who from infirmity of mind is incapable of managing himself or his affairs. The term, therefore, includes insane persons, idiots, and imbeciles. Sweet. See Inssrurr. And see Cheney v. Price. 90 Hun, 238, 37 N. Y. Supp. 117; in re Black's Estate, 1 Myr. Prob. (Cal.) 24; In re Mason, 3 Ddw. Ch. (N. Y.) 380; I-Iart v. Miiier. 29 Ind. App. 222, 64 N. E. 239; In re Lindsiey, 44 N. J. Eq. 564, 15 Atl. 1, 6 Am. St. Rep. 913; Dennett v. Dennett, 44 N. H. 581. 84 Am. Dec. 97; Edwards v. Davenport (G. C.) 20 Fed. 753; Wltte v. Gilbert, 10 Neb. 539. 7 N. W. -38, Stewart v. Lispenard. 26 Wend. (N. Y.) 300.

UNTHRIFT. 1 Bl. Comm. 306.

A prodigal; a spendthrift.

UNTIL. This term generally excludes the day to which it relates; but it will be construed otherwise, it required by the evident Lntention of the parties. Kendall v. Kings-

_ 113'. 120 Mass. 95.

1188

2-‘

UPPER BENCH

Unumquodqne dissolvitnr eodem ligamine qno ligntur. Every obligation is dissolved by the same soienlnity with which

it is created. Broom, Max. 834.

Unnmqnadqna eodem modo quo colligntn est, dissolvitnl-,—quo oonstituitn:-, destrnltnx-. Everything is dissolved by the same means by which it is put together,—destroyed by the some means by which it is estabiished. 2 Roile, 39; Bloom, Max. 891.

Unumqnodqne est id quad est prineipalius in ipso. Hob. 123. That vr-llich is the princlpai part of a thing is the thing itself

Unnmquodqnn prineipiorum est nihimetipsi fldes; et per-spicua were nan lnnt probanda. Every general prlncipie [or maxim of law] is its own plenige or warrant; and things that are clemiy true are not to be proved. Branch; Co. Lxtt. 11.

UNUS NULLUS RULE, THE. The rull of evidence which obtains in the civil law, that the testimony of one witness is equiva- lent to the testimony ol‘ none. Wharton.

UNWHOLESOME FOOD. Food not ill: to be eaten; food which if eaten would be injurious.

UNWRITTEN LAW. All that portion of the law, observed and administered in the courts, which has not been enacted or promulgated in the form of a statute or ordinance, including the unenacted portions of the common law, generai and particular customs having the torce of law, and the ruies. principles, and mnxims estabiished by ju- diclai precedents or the successive like decisions of the courts. See Code Civ. Prue. C111. 1903, 5 1899; B. & 0. Comp. Or. 1901, I 736.

in recent years. this term bas been pop- uiariy and faisely appiied to a supposed local principle or sentiment which just-illes privnte vengeance, pnrtieulariy the slaying of :1 man who has insuited a woman, when perpetrated by her kinsman or husband. It is needless to say that no such law exists, and that such an opinion or sentiment, how- ever prevaicnt. conid not by any possible right use of language be termed a "ian" or furnish a legal justification for a homicide.

UPLIFTED HAND. The hand raised towards the heavens, in one of the forms of taking an oath. instead of being laid upon the Gospels.

‘UPPER BENCH. The court of king‘! bench. in England, was so called during the interval between 1649 and 1660, the period of the commonwealth, Rolle being then chlei

justice. See 3 Bl. Comm. 202.