KFLCC Kingdom Law 2nd Ed.

UNLIQUIDATED

1188

UPPER BENCH

UNLIQUIDATED. Not ascertained in amount; not determined; remaining unas sessed or unsettled; as unliquidated dam ages. See DAMAGES. UNLIVERY. A term used in maritime law to designate the unloading of cargo of a vessel at the place where it is properly to be delivered. The Two Catharines, 24 Fed. Cas. 429. UNNATURAL OFFENSE. The infa mous crime against nature; i. e., sodomy or buggery. Una absurdo dato, infinita sequuntur. 1 Coke, 102. One absurdity being allowed, an infinity follows. UNO ACTU. Let In a single act; by one and the same act. UNO FIiATU. Lat In one breath. 8 Man. & G. 45. XJno flatu, et uno intuitu, at one breath, and in one view. Pope v. Nickerson, 3 Story, 504, Fed. Cas. No. 11,274. UNSOLEMN WAR. War denounced without a declaration; war made not upon general but special declaration; imperfect war. People v. McLeod, 1 Hill (N. Y.) 409, 37 Am. Dec. 328. UNSOUND MIND. A person of unsound mind is an adult who from infirmity of mind is incapable of managing himself or his af fairs. The term, therefore, includes insane persons, idiots, and imbeciles. Sweet See INSANITY. And see Cheney v. Price, 90 Hun, 238, 37 N. Y. Supp. 117; In re Black's Es tate, 1 Myr. Prob. (Cal.) 24; In re Mason, 3 Edw. Ch. (N. Y.) 380; Hart T. Miller, 29 Ind. App. 222, 64 N. E. 239; In re Lindsley, 44 N. J. Eq. 564, 15 Atl. 1, 6 Am. St. Rep. 913; Dennett v. Dennett, 44 N. H. 531, 84 Am. Dec. 97; Edwards v. Davenport (C. C.) 20 Fed. 758; Witte v. Gilbert, 10 Neb. 539, 7 N. W. 288; Stewart v. Lispenard, 26 Wend. (N. Y.) 300. UNTHRIFT. A prodigal; a spendthrift 1 Bl. Comm. 306. UNTIL. This term generally excludes the day to which it relates; but it will be con strued otherwise, if required by the evident Intention of the parties. Kendall v. Kings ley, 120 Mass. 95. UNQUES. L. Fr. Ever; always. Ne ungues, never. UNQUES PRIST. L. Fr. Always ready. Cowell. Another form of tout temps prist. UNSEATED LAND. See LAND. UNSEAWORTHY. See SEAWOETHT.

Unnmqnodqne dissolvitur eodem li gamine quo ligatur. Every obligation is dissolved by the same solemnity with which it is created. Broom, Max. 884. Unumquodque eodem modo quo col ligatu est, dissolvitur,—quo constitui tur, destruitur. Everything is dissolved by the same means by which it is put to gether,—destroyed by the same means by which it is established. 2 Rolle, 39; Broom, Max. 891. Unnmqnodqne est id quod est prin cipalius in ipso. Hob. 123. That which is the principal part of a thing is the thing itself. Unnmqnodqne principiorum est sibi metipsi fides; et perspicna vera non sunt probanda. Every general principle [or maxim of law] is its own pledge or war rant; and things that are clearly true are not to be proved. Branch; Co. Litt 11. UNUS NULLUS RULE, THE. The rule of evidence which obtains in the civil law, that the testimony of one witness is equiva lent to the testimony of none. Wharton. UNWHOLESOME FOOD. Food not fit to be eaten; food which if eaten would be injurious. UNWRITTEN LAW. All that portion of the law, observed and administered in the courts, which has not been enacted or promulgated in the form of a statute or or dinance, including the unenacted portions of the common law, general and particular cus toms having the force of law, and the rules, principles, and maxims established by Ju dicial precedents or the successive like de cisions of the courts. See Code Civ. Proc. Cal. 1903, $ 1899; B. & C. Comp. Or. 1901, | 736. In recent years, this term has been pop ularly and falsely applied to a supposed local principle or sentiment which justifies private vengeance, particularly the slaying of a man who has insulted a woman, when perpetrated by her kinsman or husband. It is needless to say that no such law exists, and that such an opinion or sentiment how ever prevalent could not by any possible right use of language be termed a "law" or furnish a legal justification for a homicide. UPLIFTED HAND. The hand raised towards the heavens, in one of the forms of taking an oath, instead of being laid upon the Gospels. UPPER BENCH. The court of king's bench, in England, was so called during the interval between 1649 and 1660, the period of the commonwealth, Rolle being then chief justice. See 3 BL Comm. 202.