Legal Articles

UTERINE

Born of the same mother. A uterine brother or sister is one born of the same mother, but by a different father.

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UTTER 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. These junior barristers are said to plead without the bar; while those of the higher rank are admitted to seats within the bar, and address the court or a jury from a place reserved for them, and divided off by a bar. Brown.

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ULLAGE

In commercial law. The amount wanting wheu a cask, on being gauged, is found not to be completely full.

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UNAVOIDABLE ACCIDENT

Not necessarily an accident which it was physically impossible, in the nature of things, for the person to have prevented, but one not occasioned in any degree, either remotely or directly, by the want of such care or skill as the law holds every man bound to exercise. Dygert v. Bradley, 8 Wend. (N. Y.) 473.

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UNDER-LEASE

In conveyancing. A lease granted by one who is himself a lessee for years, for any fewer or less number of years than he himself holds. If a deed passes all the estate or time of the term or, it is an assignment; but, if it be for less portion of time than the whole term, it is an under-lease, and leaves a reversion in the termor. 4 Kent, Comm. 9G.

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UNICA TAXATIO

The obsolete 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. Wharton.

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UNITED STATES NOTES

Promissory notes, resembling bank-notes, issued by the government of the United States.

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UNNATURAL OFFENSE

The Infamous crime against nature; f. e., sodomy or buggery. Uno absurdo dato, inflnita sequuntur. 1 Coke, 102. One absurdity being allowed, an infinity follows.

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URBAN HOMESTEAD

See HOMESTEAD.

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USUFRUIT

In French law. The same as the usufruct of the English and Roman law.

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UTERO-GESTATION

Preguaucy.

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UTTER BARRISTER

In English law. Those barristers who plead without the bar. and are distinguished from benchers, or those who have been readers, and who are allowed to plead within the bar, as the king’s counsel are. Cowell.

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ULNA FERREA

L. Lilt. In old English law. The Iron ell; the standard ell of Iron, kept in the exchequer for the rule of measure.

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UNCEASESATH

In Saxon law. An oath by relations not to avenge a relation’s death. Blount.

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UNDER-SHERIFF

An officer who acts directly under the sheriff, and performs all the duties of the sheriff’s office, a few only excepted where the personal presence of the high-sheriff is necessary. The sheriff is civilly responsible for the acts or omissions of his under-sheriff. Mozley & Whitley. A distinction is made between this officer and a deputy, the latter being appointed for a special occasion or purpose, while the former discharges, in general, all the duties re- quired by the sheriff’s office.

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UNIFORM

A statute is general and uniform in its operation when it operates equally upon all persons who are brought within the relations and circumstances provided for. McAunich v. Mississippi & M. R. Co., 20 Iowa, 342; People v. Judge. 17 Cal. 554; Kelley v. State, 0 Ohio St. 271; State v. Ilogan, 63 Ohio St. 202, 58 N. E. 572, 52 L. R. A. 803. 81 Am. St. Rep. 626; Arms v. Ayer, 192 111. 601, 61 N. E 851, 58 L. R. A. 277. 85 Am. St. Rep. 357.

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UNITY

In the law of estates. The peculiar characteristic of an estate held by several in joint tenancy, and which is fourfold, viz., unity of interest, unity of title, unity of time, and unity of possession. In other words, joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. 2 Bl. Comm. 180.

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UNO ACTU

Lat. In a single act; by one and the same act.

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URBAN SERVITUDE

City servitudes, or servitudes of houses, are called “urban.” They are the easements appertaining to the building and construction of houses; as, for instance, the right to light and air, or the right to build a house so as to throw the rain- water on a neighbor’s house. Mozley & Whitley; Civ. Code La. 1900,

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USURA

Lat. In the civil law. Money given for the use of money; interest. Commonly used in the plural, “usurce” Dig. 22, 1.

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