UNLAWFUL ASSEMBLY, crim. law. A disturbance1 of the public peace by three or more persons who meet together with an intent mutually to assist each other in the execution of some unlawful enterprise of a private nature, with force and violence; if they move forward towards its execution, it is then a rout2 (q. v.) and if they actually execute their design, it amounts to a riot. (q. v.) 4 Bl. Com. 140; 1 Russ. on Cr. 254; Hawk3. c. 65, s. 9; Com. Dig. Forcible Entry, D 10; Vin. Abr. Riots, &c., A.
UNLAWFULLY, pleadings. This word is frequently used in indictments5 in the description of the offence; it is necessary when the crime did not exist at common law, and when a statute6, in describing an offence which it creates, uses the word, 1 Moody7, Cr. Cas. 339; but it is unnecessary whenever the crime existed at common law, and is manifestly illegal. 1 Chitty, Crim. Law, *241; Hawk. B. 2, c. 95, s. 96; 2 Roll. Ab. 82; Bac. Abr. Indictment4, G 1 Cro. C. C. 38, 43.
UNLIQUIDATED DAMAGES. Such damages, as are unascertained. In general such damages cannot be set-off. No interest will be allowed on unliquidated damages. 1 Bouv. Inst. n. 1108. See Liquidated8, Liquidated Damages.
UNQUES, law French. Yet. This barbarous word is frequently used in pleas as, Ne unques executor, Ne unquas guardian9, Ne unques accouple; and the like.
UNSOUND MIND; UNSOUND MEMORY. These words have been adopted in several statutes10, and sometimes indiscriminately used to signify, not only lunacy, which is periodical madness, but also a permanent adventitious11 insanity12 as distinguished13 from idiocy14. 1 Ridg. Parl. Cases, 518; 3 Atk. 171.
2. The term unsound mind seems to have been used in those statutes in the same sense as insane; but they have been said to import that the party was in some such state as was contradistinguished from idiocy and from lunacy, and yet such is made him a proper subject of a commission to inquire of idiocy and lunacy. Shelf. on Lun. 5; Ray, Med. Jur. Prel. §8; Hals. Med. Jur. 336; 8 Ves. 66; 19 Ves. 286; 1 Beck's Med. Jur. 573; Coop. Ch. Cas. 108; 12 Ves. 447; 2 Mad. Ch. Pr. 731, 732.