KFLCC Kingdom Law 2nd Ed.

1183

UNCONTROLLABLE IMPULSE

ULTRA POSSE

Minnesota Thresher Mfg. Co. v. Langdon, 44 Minn. 37, 46 N. W. 312; State v. Morris & E. R. Co., 23 N. J. Law, 360; Central Transp. Co. v. Pullman's Palace Car Co., 139 U. S. 24, 11 Sup. Ct 478, 35 L. Ed. 55; Latimer v. Bard (C. O) 76 Fed. 543; Edwards County v. Jennings (Tex. Civ. App.) 33 S. W. 585. intra posse non potest esse, et vice versa. What is beyond possibility cannot exist, and the reverse, [what cannot exist id In Scotch law. A volunteer witness; one who appears to give evidence without being called upon. 2 Alls. Crim. Pr. 393. UMPIRAGE. The decision of an um pire. The word "umpirage," in reference to an umpire, is the same as the word "award," in reference to arbitrators; but "award" is commonly applied, to the decision of the umpire also. UMPIRE. When matters in dispute are Submitted to two or more arbitrators, and they do not agree in their decision, it is usual for another person to be called in as "umpire," to whose sole judgment it is then referred. Brown. And see Ingraham v. Whitmore, 75 111. 30; Tyler v. Webb, 10 B. Mon. (Ky.) 123; Lyon v. Blossom, 4 Duer (N. Y.) 325. Un ne doit prise advantage de son tort demesne. 2 And. 38, 40. One ought not to take advantage of his own wrong. Una persona vix potest snpplere vices dnarnm. 7 Coke, 118. One person can scarcely supply the places of two. See 9 H. L. Cas. 274. UNA VOCE. Lat With one voice; unan imously; without dissent. UNALIENABLE. Incapable of being aliened, that is, sold and transferred. UNANIMITY. Agreement of all the per sons concerned, in holding one and the same opinion or determination of any matter or question; as the concurrence of a jury in deciding upon their verdict Payment In gross, on an estimate as to amount, and where the merchant, on a final liquidation, will be entitled by law to allowances or de ductions which do not depend on the rate of duty charged, but on the ascertainment of the quantity of the article subject to duty. Moke v. Barney, 5 Blatchf. 274. Fed. Cas. No. 9,698. UNAVOIDABLE ACCIDENT. Not nec essarily an accident which it was physically impossible, in the nature of things, for the not possible.] Wing. Max. 100. ULTRONEOUS WITNESS. UNASCERTAINED DUTIES.

person to have prevented, but one not oc casioned in any degree, either remotely or directly, by the want of such care or skill as the law holds every *aan bound to exer cise. Dygert v. Bradley, 8 Wend. (N. Y.) 473. In Saxon law. An oath by relations not to avenge a relation's death. Blount. Such vagueness, ob scurity, or confusion in any written instru ment, e. g„ a will, as to render it unintelli gible to those who are called upon to execute or interpret it, so that no definite meaning can be extracted from it. UNCIA.' Lat. In Roman law. An ounce; the twelfth of the Roman "as" or pound. The twelfth part of anything; the propor tion of one-twelfth. 2 Bl. Comm. 462, note m. UNCIA AGRI, UNCIA TERRAS. These phrases often occur in the charters of the British kings, and signify some measure or quantity of land. It is said to have been the quantity of twelve modii; each modius being possibly one hundred feet square. Jacob. UNCIARIUS HJERES. Lat. In Roman law. An heir to one-twelfth of an estate or inheritance. Calvin. UNCLE. The brother of one's father or mother. State v. Reedy, 44 Kan. 190, 24 Pac. 66; State v. Guiton, 51 La. Ann. 155, 24 South. 784. 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. Hume v. U. S., 132 U. S. 406, 10 Sup. Ct 134, 33 L. Ed. 393. UNCONSTITUTIONAL. That which is contrary to the constitution. The opposite of "constitutional." See State v. McCann, 4 Lea (Tenn.) 10; In re Rahrer (C. C.) 43 Fed. 558, 10 L. R. A. 444; Norton v. Shelby Coun ty, 118 U. S. 425, 6 S. Ct 1121, 30 L. Ed. 178. UNCONTROLLABLE IMPULSE. As an excuse for the commission of an act otherwise criminal, this term means an im pulse towards its commission of such fixity and intensity that it cannot be resisted by the person subject to it, in the enfeebled condition of his will and moral sense re sulting from derangement or mania. See INSANITY. And see State v. O'Neil, 51 Kan. 651, 33 Pac. 287, 24 L. R. A. 555. UNCEASESATH. UNCERTAINTY. UNCONSCIONABLE BARGAIN.