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英文法律词典 U-4

分类: 法律英语 

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. t.

UNDER-TENANT. One who holds by virtue of an underlease. (q. v.) See Subtenant.

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,

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