UBERRIMA FIDES. Perfect good faith; abundant good faith.
2. This phrase is used to express that a contract must be made in perfect
good faith, concealing nothing; as in the case of insurance, the insured must
observe the most perfect good faith towards the insurer. 1 Story, Eq. Jur. §317;
3 Kent, Com. 283, 4th ed.
UKAAS, or UKASE. The name of a law or ordinance emanating from the
czar of Russia.
ULLAGE, com. law. When a cask is gauged, what it wants of being full
is called ullage.
ULTIMATUM. The last proposition made in making a contract, a treaty,
and the like; as, the government of the United States has given its ultimatum,
has made the last proposition it will make to complete the proposed treaty. The
word also means the result of a negotiation, and it comprises the final
determination of the parties concerned in the object in dispute.
ULTIMUM SUPPLICIUM. The last or extreme punishment; the penalty of
ULTIMUS HAERES. The last or remote heir; the lord. So called in
contra-dis-tinction to the haeredes proximus, (q. v.) and the haeredes
remotiores. (q. v.) Dalr Feud. Pr. 110.
UMPIRAGE. The decision of an umpire. This word is used for the
judgment of an umpire, as the word award is employed to designate that of
UMPIRE. A person selected by two or more arbitrators. When they are
authorize to do so by the submission of the parties, and they cannot agree as to
the subject-matter referred to them, whose duty it is to decide the matter in
dispute. Sometimes the term is applied to a single arbitrator, selected by the
parties themselves. Kyd on Awards, 6, 75, 77 Caldw. on Arb. 38; Dane's Ab.
Index, h. t.; 3 Vin. Ab. 93; Com. Dig. Arbitrament, F; 4 Dall. 271, 432; 4 Sco.
N. S. 378; Bouv. Inst. Index, h. t.
UNA VOCE. With one voice unanimously.
UNALIENABLE. The state of a thing or right which cannot be sold.
2. Things which are not in commerce, as public roads, are in their nature
unalienable. Some things are unalienable, in consequence of particular
provisions in the law forbidding their sale or transfer, as pensions granted by
the government. The natural rights of life and liberty are unalienable.
UNANIMITY. The agreement of all the persons concerned in a thing in
design and opinion.
2. Generally a simple majority (q. v.) of any number of persons is sufficient
to do such acts as the whole number can do; for example, a majority of the
legislature can pass a law: but there are some cases in which unanimity is
required; for example, a traverse jury, composed of twelve individuals, cannot
decide an issue submitted to them, unless they are unanimous.
UNCERTAINTY. That which is unknown or vague. Vide Certainty.
UNCONDITIONAL. That which is without condition; that which must be
performed without regard to what has happened or may happen.
UNCONDITIONAL CONTRACT, contracts. One which does not depend upon any
condition whatever. 1 Bouv. Inst. n. 730.
UNCONSCIONABLE BARGAIN, contracts. A contract which no man in his
senses, not under delusion, would make, on the one hand, and which no fair and
honest man would accept, on the other. 4 Bouv. Inst. n. 3848.
UNCONSTITUTIONAL. That which is contrary to the constitution.
2. When an act of the legislature is repugnant or contrary to the
constitution, it is, ipso facto, void. 2 Pet. R. 522; 12 Wheat. 270; 3 Dall.
286; 4 Dall. 18.
3. The courts have the power, and it is their duty, when an act is
unconstitutional, to declare it to be so; but this will not be done except in a
clear case and, as an additional guard against error, the supreme court of the
United States refuses to take up a case involving constitutional questions, when
the court is not full. 9 Pet. 85. Vide 6 Cranch, 128; 1 Binn. 419; 5 Binn. 355;
2 Penns 184; 3 S. & R. 169; 7 Pick. 466; 13 Pick. 60; 2 Yeates, 493; 1 Virg.
Cas. 20; 1 Blackf. 206 6 Rand. 245 1 Murph. 58; Harper, 385 1 Breese, 209 Pr.
Dee. 64, 89; 1 Rep. Cons. Ct. 267 1 Car. Law Repos. 246 4 Munr. 43; 5 Hayw. 271;
1 Cowen, 550; 1 South. 192; 2 South. 466; 7 N H. Rep. 65, 66; 1 Chip, 237, 257;
10 Conn. 522; 7 Gill & John. 7; 2 Litt. 90; 3 Desaus. 476.
UNCORE PRIT, pleading. This barbarous phrase of old French, which is
the same with encore pret, yet ready, is used in a plea in bar to an action of
debt on a bond due at a day past; when the defendant pleads a tender on the day
it became due, and adds that he is uncore prit, still ready to pay the same. 3
Bl. Com. 303; Doct. Pl. 526 Dane's Ab. Index, h. t. Vide tout temps prist.
UNDE NIHIL HABET. Of which she has nothing. When no dower had been
assigned to the widow during the time prescribed by law, she could, at common
law, sue out a writ of dower unde nihil habet. 3 Bl. Com. 183.
UNDERLEASE, contracts. An alienation by a tenant of a part of his
lease, reserving to himself a reversion; it differs from an assignment, which is
a transfer of all the tenant's interest in the lease. 3 Wils. 234; S. C. Bl.
Rep. 766. And even a conveyance of the whole estate by the lessee, reserving to
himself the rent, with a power of re-entry for non-payment, was held to be, not
an assignment, but an underlease. Str. 405. In Ohio it has been decided that the
transfer of only a part of the lands, though for the whole term, is an
underlease; 2 Ohio, R. 216; in Kentucky, such a transfer, on the contrary, is
considered as an assignment. 4 Bibb. R. 538.
2. In leases there is frequently introduced a covenant on the part of the
lessee, that he will not underlet the premises, nor assign the lease. This
refers to the voluntary act of the tenant, and the covenant is not broken when
the lease is transferred without any act on his part; as, if it be sold by the
sheriff on execution, or by assignees in bankruptcy, or by an executor. 8 T. R.
57; 3 M. & S. 353; 1 Ves. 295.
3. The underlessor has a right to distrain for the rent due to him, which,
the assignor of a lease has not. The under-lessee is not liable personally to
the original lessor, nor is his property subject to his claim for rent longer
than while it is on the leased premises, when it may be distrained upon. The
assignee of the lessee stands in a different situation. He is liable to an
action by the landlord or his assignee for the rent, upon the ground of privity
of estate. 1 Hill. Ab. 125, 6; 4 Kent, Com. 95; 9 Pick. R. 52; 14 Mass. 487; 5
Watts, R. 134. Vide 2 Bl. R. 766; 3 Wils. 234; 4 Campb. 73; Bouv. Inst. Index,
tit. Underletting. Vide Estate for years; Lease; Lessee; Notice to quit; Tenant
UNDER-SHERIFF. A deputy of a sheriff. The principal is called
high-sheriff, and the deputy the under-sheriff. Vide 1 Phil . Ev. Index, h.
UNDER-TENANT. One who holds by virtue of an underlease. (q. v.) See
UNDERTAKING, contracts. An engagement by one of the parties to a
contract to the other, and not the mutual engagement of the parties to each
other; a promise. 5 East, R. 17; 2 Leon. 224, 5; 4 B, & A. 595.
UNDERTOOK. Assumed; promised.
2. This is a technical word which ought to be inserted in every declaration
of assumpsit, charging that the defendant undertook to perform the promise which
is the foundation of the suit; and this though the promise be founded on a legal
liability, or would be implied in evidence. Bac. Ab Assumpsit, F; 1 Chit. Pl.
88, note p.
UNDER-TUTOR, law of Louisiana. In every tutorship, there shall be an
undertutor, whom it shall be the duty of the judge to appoint at the time
letters of tutorship are certified for the tutor.
2. It is the duty of the under-tutor to act for the minor, whenever the
interest of the minor is in opposition to the interest of the tutor. Civil Code,
art. 300, 301; 1 N. S. 462; 9 M. R. 643; 11 L. R. 189; Poth. Des Personnes,
partie prem. tit. 6, s. 5, art. 2. Vide Pro-curator; Protutor.
UNDERWRITER, insurances. One who signs a policy of insurance, by which
he becomes an insurer.
2. By this act he places himself as to his responsibility, in the place of
the insured. He may cause a re-insurance (q. v.) to be made for his benefit; and
it is his duty to act with good faith, and, without quibbling, to pay all just
demands against him for losses. Marsh. Ins. 45,
UNDIVIDED. That which is held by the same title by two or more
persons, whether their rights are equal, as to value or quantity, or unequal.
2. Tenants in common, joint-tenants, and partners, hold an undivided right in
their respective properties, until partition has been made. The rights of each
owner of an undivided thing extends over the whole and every part of it, totum
in toto, et totum in qualibet parte. Vide Partition; Per my et per tout.
UNICA TAXATIO, practice. The ancient language of a special award of
venire, where of several defendants, one pleads, and one lets judgment go by
default, whereby the jury, who are to try and assess damages on the issue, are
also to assess damages against the defendant suffering judgment by default.
Lee's Dict. h. t.
UNILATERAL CONTRACT, civil law. When the party to whom an engagement
is made, makes no express agreement on his part, the contract is called
uni-lateral, even in cases where the law attaches certain obligations to his
acceptance. Civ. Code of Lo. art. 1758. Code Nap. 1103. A loan of money, and a
loan for use, are of this kind. Poth. Obl. part 1, c. 1, s. 1, art. 2; Lee.
UNINTELLIGIBLE. That which cannot be understood.
2. When a law, a contract, or will, is unintelligible, it has no effect
whatever. Vide Construction, and the authorities there referred to.
UNIO PROLIUM. A species of adoption used among the Germans; it
signifies union of descent. It takes place when a widower, having children,
marries a widow, who also has children. These parents then agree that the
children of both marriages shall have the rights to their succession, as those
which may be the fruits of their marriage. Lec. Elem. §187.
UNION. By this word is understood the United States of America; as,
all good citizens will support the Union.