Page:Black's Law Dictionary (Second Edition).djvu/1201

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opinions that this word doth aptly signify one of them." 1 Leon. 241.

UTFANGTHEF. In Saxon and old English law. The privilege of a lord of a manor to judge and punish a thief dwelling out of his liberty, and committing theft without the same, if he were caught within the lord's jurisdiction. Cowell.

UTI. Lat. in the civil law. To use Strictly, to use for necessary purposes: as distinguished from “frui," to enjoy. Helnecc. Elem. lib. 2, tit. 4, § 415.

‘UT! PRUI. Lat. in the civil law. To have the fail use and enjoyment of a thing, without damage to its substance. Calvin.

'U'1‘I POSSIDETIS. Lat. In the civil law A species of lnterdict for the purpose of retaining possession of a thing. granted to one who, at the time of contesting suit, was in possession of an immovable thing, in order that he might be declared the legal possessor. Halllfax. Civil Law. I). 3. C. 6, no. 8.

In international law. A phrase used to signify that the parties to a treaty are to retajn possession of what they have acquired by force during the war. Wheat. Int. Law, 627.

UTI ROGAS. Lat in Roman law. The torm of words by which a vote in favor of a proposed law was orally expressed. UM rogue. -uolo eel juizeo, as you ask, I will or order; I vote as you propose; I am for the

law. The letters "U. R." on a ballot expressed the same sentiment. Adams, Rom. Ant 98, I00.

Utile per inntile non vitialznr. The useful is not vitiated by the useless. Surplus- agc does not spoil the remaining part if that is good in itself. Dyer, 392; Broom, Max. 627.

UTILIDAD. Span. In Spanish law. The profit of a thing. Vviiite, New Recop. b. 2. tit. 2, c. 1.

UTILIS. Lat. in the civil law. Useful- beneficial; equitable: available. Anna utiiis, an equitable action. Calvin. Dies

uixlis, an available day.

UTLAGATUS. outlawed person ;

in old English law. An an outlaw.

Utlngatus est quasi extra. legem posi- Izns. Caput gerit Inpinnm. 7 Coke, 14. An outlaw is, as it were, put out of the protection of the law. He bears the head of a wolf.

Utlagatna pr-n contunmcia et fnga. non propter lmc eonvictun est de facto pricnipnli. Fleta. One who is outlawed for



contumacy and flight is not on that account convicted of the principal fact.

UTLAGE.}} L. Fr. An outlaw. C. 12.


UTLESSE. An escape of a felon out of prison.

UTRUBI. In the civil law. The name of a species of interdict for retaining :1 thing, granted for the purpose of protecting the possession of a movable thing, as the ma‘ pussidetis was granted for an iinmovable. Inst. 4, 15, 4; Mnckeld. Rum. Law, § 260.

In scotch law. An interdict as to mova- hles, by which the colorable po§ession of a bone fide holder is continued until the final settlement of a contested right; corresponding to uti passideiis as to heritable property. Bel].

UTRUMQUE NOSTRUM. Words used formerly in bonds.

Both of us.

UTTER. To put or send into circulation; to publish or pnt forth. To utter and publish an instrument is to declare or assert, directly or indirectly, by words or actions, tbat it is good: uttering it is a declaration that it is good, with an intention or offer to pass it. Whart. Crim. Law, § 703.

To utter, as used in a statute against forgery and counterfeiting, means to otter, whether accepted or not, a forged instrument, with the representation, ‘by words or actions, that the same is genuine. See State v. Horner, 48 Mo. 522; People v. Rathbun, 21 Wend. (N. Y.) 521; Lindsey v. State, 38 Ohio St. 511; State v. Cnlklns, 73 Iowa, 128. 34 N. W. 777; People v. Caton. 25 Mich. 392.

UTT]-JR BAR. in English law. The bar at which those barristers, usually junior men, practice who have not yet been raised to the dignity of king's counsel. Ehese junior barristers are said to plead without the bar; While those of the higher tall]: are admitted to seats within the bar, and addrefi the court or a jury from a place reserved for them, and divided on’ by a bar. Brown.

UTTER BAB.RIST’ER.. In English law. Those harrisiers who plead without the bar. and are distinguished from henchers, or those who have been readers, and who are allowed to plead within the bar, as the king's counsel are. C-owell.

UXOR. Lat. in the civil law. a woman lawfully married.

—Et nxor. And bis wife. A term used in indexing, abstracting, and describing convey- ances made by a man and his wife as grantors, or to a man and his wife as grantees. Often abbreviated “et urn." Thus. “John Doe et us. to Richard Iioe."—.l'ure nxox-is. In right of his

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