UNDER

Lower than, beneath, below; subject to; subordinate: as, under a law or jurisdiction; under the law; under a judgment, mortgage, or other incumbrance; under sentence; under the hammer. Compare OVER, 1. No right can be acquired "under a law" which is not in pursuance of, that is, subject to, the law.1 Under and subject. Used in relation to the mutual and dependent rights and duties of mortgagees, mortgagors, the grantees of mortgagors and the alienees of such grantees; also, of rights affected by ground-rents, and other incumbrances. An agreement merely to take land subject to a specified incumbrance is not an agreement to assume and pay the incumbrance. The grantee of an equity of redemption, without words in the grant importing in some form that he assumes the payment of a mortgage, does not bind himself personally to pay the debt. To make him personally liable, there must be words importing that he will pay the debt.2 In Pennsylvania, a conveyance of land "under and subject" to a mortgage executed by the grantor creates a covenant of indemnity to the grantor on the part of the grantee. If the grantee aliens by a deed containing the same "under and subject" clause, without more, the alienee does not assume a liability to the mortgagee, or undertake to discharge the grantee's covenant of indemnity. The mortgagee may show, however, that the alienee has taken upon himself not only the grantor's duty to indemnify the mortgagor, but a personal obligation to pay the mortgage Mills v. Stoddard, 8 How. 366 (1850). Elliott v. Sackett, 108 U. S. 140 (1883), Blatchford, J. See also Shepherd v. May, 115 id. 510 (1885); Fiske v. Tolman, 124 Mass. 256 (1878); Belmont v. Coman, 22 Ν. Υ. 438 (1860); Hoy v. Bramhall, 19 N. J. E. 74 (1868); Fowler v. Fay, 62 III. 375 (1872). It debt. The evidence may consist of stipulations in the deed, of written articles outside of its terms, or of a verbal contemporaneous agreement; and the undertaking may be implied from circumstances. may be provided by statute that a grantee shall not be personally liable for an incumbrance unless, in some writing, he shall expressly have assumed personal liability; that the words "under and subject" alone shall not be construed to create it; and that such liability shall not be enforced by any person other than he with whom it was incurred, nor continue after the grantee has bona fide parted with the property, unless there is an express agreement for continuing the liability.¹

That type of military juris- diction under the Constitution of the United States to be exercised both in peace and war. It is found in acts of Congress prescribing rules and articles of war, or otherwise pro- viding for the government of the national forces. 4 Wall. (U. S.) 141, 142. See MILITARY JURISDICTION; MILITARY GOV- ERNMENT; MARTIAL LAW.

The term is sometimes used in its literal sense of " below in position," but more frequently in its secondary mean- ing of "inferior" or "subordinate." 8 How. 356. Elected Under the Constitution. The phrase, "elected under the Constitution," means "elected since the adoption of the Constitution." 132 Ky. 54, 116 S. W. 313.

Below or lower, in place or position, with the idea of being covered; lower than; beneath; -- opposed to over; as, he stood under a tree; the carriage is under cover; a cellar extends under the whole house. Fruit put in bottles, and the bottles let down into wells under water, will keep long. Bacon. Be gathered now, ye waters under heaven, Into one place. Milton. Hence, in many figurative uses which may be classified as follows; -- Denoting relation to some thing or person that is superior, weighs upon, oppresses, bows down, governs, directs, influences powerfully, or the like, in a relation of subjection, subordination, obligation, liability, or the like; as, to travel under a heavy load; to live under extreme oppression; to have fortitude under the evils of life; to have patience under pain, or under misfortunes; to behave like a Christian under reproaches and injuries; under the pains and penalties of the law; the condition under which one enters upon an office; under the necessity of obeying the laws; under vows of chastity. Denoting relation to something that exceeds in rank or degree, in number, size, weight, age, or the like; in a relation of the less to the greater, of inferiority, or of falling short. Three sons he dying left under age. Spenser. Medicines take effect sometimes under, and sometimes above, the natural proportion of their virtue. Hooker. There are several hundred parishes in England under twenty pounds a year. Swift. It was too great an honor for any man under a duke. Addison. Denoting relation to something that comprehends or includes, that represents or designates, that furnishes a cover, pretext, pretense, or the like; as, he betrayed him under the guise of friendship; Morpheus is represented under the figure of a boy asleep. A crew who, under names of old renown . . . abused Fanatic Egypt. Milton. Mr. Duke may be mentioned under the double capacity of a poet and a divine. Felton. Under this head may come in the several contests and wars betwixt popes and the secular princes. C. Leslie. Less specifically, denoting the relation of being subject, of undergoing regard, treatment, or the like; as, a bill under discussion. Abject and lost, lay these, covering the flood, Under amazement of their hideous change. Milton. Under arms. (Mil.) (a) Drawn up fully armed and equipped. (b) Enrolled for military service; as, the state has a million men under arms. -- Under canvas. (a) (Naut.) Moved or propelled by sails; -- said of any vessel with her sail set, but especially of a steamer using her sails only, as distinguished from one under steam. Under steam and canvas signifies that a vessel is using both means of propulsion. (b) (Mil.) Provided with, or sheltered in, tents. -- Under fire, exposed to an enemy's fire; taking part in a battle or general engagement. -- Under foot. See under Foot, n. -- Under ground, below the surface of the ground. -- Under one's signature, with one's signature or name subscribed; attested or confirmed by one's signature. Cf. the second Note under Over, prep. -- Under sail. (Naut.) (a) With anchor up, and under the influence of sails; moved by sails; in motion. (b) With sails set, though the anchor is down. (c) Same as Under canvas (a), above. Totten. -- Under sentence, having had one's sentence pronounced. -- Under the breath, with low voice; very softly. -- Under the lee (Naut.), to the leeward; as, under the lee of the land. -- Under the rose. See under Rose, n. -- Under water, below the surface of the water. -- Under way, or Under weigh (Naut.), in a condition to make progress; having started.

In a lower, subject, or subordinate condition; in subjection; - - used chiefly in a few idiomatic phrases; as, to bring under, to reduce to subjection; to subdue; to keep under, to keep in subjection; to control; to go under, to be unsuccessful; to fail. I keep under my body, and bring it into subjection. 1 Cor. ix. 27. The minstrel fell, but the foeman's chain Could not bring his proud soul under. Moore.

Lower in position, intensity, rank, or degree; subject; subordinate; -- generally in composition with a noun, and written with or without the hyphen; as, an undercurrent; undertone; underdose; under-garment; underofficer; undersheriff. Under covert (Zoöl.), one of the feathers situated beneath the bases of the quills in the wings and tail of a bird. See Illust. under Bird.

Beneath; below; at or to the bottom of, or the area covered or surmounted by. | Beneath; below; at or to the bottom of, or the area covered or surmounted by. | Below the surface of. | From one side of to the other, passing beneath. | Less than. | Subject to. | Subject to. | Subordinate to; subject to the control of; in accordance with; in compliance with. | Within the category, classification or heading of. | In the face of; in response to (some attacking force). | Using or adopting (a name, identity, etc.).

In or to a lower or subordinate position, or a position beneath or below something, physically or figuratively. | So as to pass beneath something. | Less than what is necessary to be adequate or suitable; insufficient. | In or into an unconscious state. | Down to defeat, ruin, or death.

Lower; beneath something. | In a state of subordination, submission or defeat. | Under anesthesia, especially general anesthesia; sedated. | Having a particular property that is low, especially so as to be insufficient or lacking in a particular respect.