KFLCC Kingdom Law 2nd Ed.

UNIGENITURE

1185

UNDIVIDED

UNDIVIDED. An undivided right or title, or a title to an undivided portion of an estate, is that owned by one of two or more tenants in common or joint tenants before partition. UNDRES. In old English law. Minors or persons under age not capable of bearing arms. Fleta, 1. 1, c. 9; Cowell. UNDUE INFLUENCE. In regatd to the making of a will and other such matters, undue influence is persuasion carried to the point of overpowering the will, or such a control over the person in question as pre vents him from acting intelligently, under standingly, and voluntarily, and in effect de stroys his free agency, and constrains him to do what he would not have done if such control had not been exercised. See Mitchell v. Mitchell, 43 Minn. 73, 44 N. W. 885; Ben nett v. Bennett, 50 N. J. Eq. 439, 26 Atl. 573; Francis v. Wilkinson, 147 111. 370, 35 N. E. 150; Oonley v. Nailer, 118 U. S. 127, 6 Sup. Ct. 1001, 30 L. Ed. 112; Marx v. Mc Glynn, 88 N. Y. 370; In re Logan's Estate, 195 Pa. 282, 45 Atl. 729; Mooney v. Olsen, 22 Kan. 79; In re Black's Estate, Myr. Prob. (Cal.) 31. Undue influence consists (1) in the use, by one in whom a confidence is reposed by another, or who holds a real or apparent au thority over him, of such confidence or au thority, for the purpose of obtaining an un fair advantage over him; (2) in taking an unfair advantage of another's weakness of mind; or (3) in taking a grossly oppressive and unfair advantage of another's necessi ties or distress. Civ. Code Dak. § 886. Undue influence at elections Is where any one interferes with the free exercise of a voter's franchise, by violence, intimidation, or otherwise. It is a misdemeanor. 1 Russ. Crimes, 321; Steph. Crim. Dig. 79. UNFAIR COMPETITION. A term which may be applied generally to all dis honest or fraudulent rivalry in trade and commerce, but is particularly applied in the courts of equity (where it may be restrained by injunction) to the practice of endeavoring to substitute one's own goods or products in the markets for those of another, having an established reputation and extensive sale, by means of imitating or counterfeiting the name, title, size, shape, or distinctive pe culiarities of the article, or the shape, color, label, wrapper, or general appearance of the package, or other such simulations, the imitation being carried far enough to mislead the general public or deceive an unwary purchaser, and yet not amounting to an absolute counterfeit or to the in fringement of a trade-mark or trade-name. Called in France and Germany "concur rence deloyale." See Reddaway v. Ban ham, [1896] App. Cas. 199; Singer Mfg. Co. T. June Mfg. Co., 163 U. S. 169, 16 Sup. Ct BL.LAW DICT.(2D ED.)—75

1002, 41 L. Ed. 118; Dennison Mfg. Co. v. Thomas Mfg. Co. (C. C.) 94 Fed. 65] ; Sim mons Medicine Co. v. Mansfield Drug Co.7 93 Tenn. 84, 23 S. W. 165; Cornelius v. Fer guson, 17 S. D. 481, 97 N. W. 390; Sterling Remedy Co. v. Eureka Chemical Co., 80 Fed. 108, 25 C. C. A. 314; T. B. Dunn Co. v. Trix Mfg. Co., 50 App. Div. 75, 63 N. Y. Supp. 333. UNGEIiD. In Saxon law. An outlaw; a person whose murder required no compo sition to be made, or weregeld to be paid, by his slayer. UNICA TAXATIO. The obsolete lan guage 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. 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 pro vided for. McAunich v. Mississippi & M. R. Co., 20 Iowa, 342; People v. Judge, 17 Cal. 554; Kelley v. State, 6 Ohio St. 271; State v. Hogan, 63 Ohio St. 202, 58 N. E. 572, 52 L. R. A. 863, 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. UNIFORMITY. In taxation. Uniform ity in taxation implies equality in the bur den of taxation, which cannot exist without uniformity in the mode of assessment, as well as in the rate of taxation. Further, the uniformity must be coextensive with the ter ritory to which it applies. And it must be extended to all property subject to taxation, so that all property may be taxed alike and equally. Exchange Bank v. Hines, 3 Ohio St. 15. And see Edye v. Robertson, 112 U. S. 580, 5 Sup. Ct. 247, 28 K Ed. 798. Adams v. Mississippi State Bank, 75 Miss. 701, 23 South. 395; People v. Auditor Gereral, 7 Mich. 90. UNIFORMITY, ACT OF, which regu lates the terms of membership in the Church of England and the colleges of Oxford and Cambridge, (St. 13 & 14 Car. II. c. 4.) See St. 9 & 10 Vict. c. 59. The act of uniform ity has been amended by the St. 35 & 36 Vict. c. 35, which inter alia provides a short ened form of morning and evening prayer. Wharton. UNIFORMITY OF PROCESS ACT. The English statute of 2 Wm. IV. c. 39, es tablishing a uniform process for the com mencement of actions in all the courts of law at Westminster. 3 Steph. Comm. 566. UNIGENITURE. The state of being th« only begotten.