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on its value, the contract is not usurious; but if the lender retains an option to take either the dividends or interest, it is usurious. If a note be given usuriously in payment of or as security for a preexisting debt, and the note is void by the usury laws, the original debt remains unaffected. As there must be usurious intent, if illegal interest is taken by a miscalculation or other mistake in fact, it is not usury; but it is usury if the mistake be one of law, because every person is held to know the law. If the lender takes upon himself an extra risk (apart from that of the borrower's insolvency), he may charge extra interest. Bottomry and respondentia contracts are founded on this principle, because if the ship or goods are lost, the debt is not demandable. The same principle is applied to the purchase of an annuity, and even to the bargain of the borrower that if he does not repay the principal when due with legal interest, he will pay a certain penalty, because he has the power of avoiding this penalty by payment of interest. If a borrower on repaying the money make the lender a gift, it is usurious if the gift be in perform ance of a previous promise, but not otherwise. Discount of interest, whereby the lender gets interest on his interest, or interest on money which he never lends, and calculations of interest by Rowlett's tables, which consider the year as consisting of only 360 days (but qualify the error by casting the fractions on the right side), are now established usages, and would not make the contract usurious, especially if the contract were of a kind usually subjected to this usage, as are bank discounts. Compound interest is said, in a recent case (23 Pick. 167), savor of usury;" but it may be regarded not so much usury as an agreement to pay a penalty for not paying interest. In the present state of the authorities, it may be said that wherever usury is forbidden, a bargain for compound interest would not be enforced. But it is common for courts to order a settlement of accounts with annual rests, which is equivalent to compound interest. This is especially done where trustees have used the money of their cestuy que trust. The prevailing rule for the settlement of accounts on which payments have been made (originating in a decision in Massachusetts) is this: compute the interest on the principal to the first time a payment was made, which payment exceeds, alone or with previous payments, the interest then due; add that interest to the principal; from the sum subtract the payment and preceding payments; the remainder forms a new principal, upon which proceed as before, up to the time of settlement or the rendering of judgment.

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UTAH (from the Indian tribe of the same name, commonly spelled Yuta, which signifies "those who dwell in mountains"), a territory of the United States of America, bounded N. by Washington territory, N. E. by Nebraska, E. by Colorado, S. by Arizona (New Mexico),

and W. by Nevada, and lying between lat. 37° and 42° N., and long. 109° and 116° W; area, 131,320 sq. m., or 84,044,880 acres. It was divided in 1860, according to Capt. R. F. Burton ("City of the Saints," 1862), into 19 counties, viz.: Salt Lake, Utah, Davis, Weber, Iron, Tooele, San Pete Valley, Juab, Box Elder,* Washington, Millard, Green River, Cedar, Malad,* Cache,* Beaver,* Shambip,* Salt Lake Islands,* and St. Mary's. The largest town is Salt Lake City, Fillmore, the capital, being only a hamlet; and the other county towns are Provo, Farmington, Ogden, Parovan, Tooele, San Pete, Salt Creek, Box Elder, Fort Harmony, Fort Supply, Cedar City, Fort Malad, Cache Valley, Beaver Creek, and Deep Creek. The population of the territory by the U. S. census of 1850 was ascertained to be 11.380, of whom 26 were slaves. In 1856 a census taken by the Mormon authorities returned 37,277 males and 39,058 females, a total of 76,335. The non-Mormon inhabitants, however, maintained that these numbers were purposely exaggerated, and the U. S. commissioners in the following year reported that the population did not exceed 50,000. The U. S. census of 1860 returned 40,295, of whom 29 were slaves. A majority of the people are foreigners, chiefly from Great Britain.-The surface of Utah is an immense basin elevated 4,000 to 5,000 feet above the sea, surrounded on all sides by mountains 8,000 to 10,000 feet high, and subdivided by transverse ridges. The rim of the basin is formed on the N. by the mountains of Oregon, on the E. and S. by sub-ranges of the Rocky mountains, and on the W. by the Sierra Nevada. At some remote period this great basin was evidently an inland sea. The bench formation, a system of water marks, is found in every valley, while detached and parallel blocks of mountain, trending almost invariably N. and S., were in geological ages rock islands rising above the water. Between these primitive and metamorphic ridges lie the secondary basins, whose average width may be 15 or 20 miles. They open into one another by cañons and passes, and are often separated longitudinally by smaller divisions running E. and W., thus converting one extended strip of secondary into a system of tertiary valleys. Two great mountain chains run transversely across the basin from S. E. to S. W. The northernmost is the Humboldt river range, 6,600 feet high; the southern is the prolongation of the Wahsatch range, which has an elevation of nearly 12,000 feet. The watershed of the basin is toward the N., S., E., and W., chiefly through the affluents of the Columbia and the Colorado. Lakes are numerous, two nearly parallel chains of them extending across the country from N. to S. The eastern chain begins at the north with the Great Salt lake (see GREAT SALT LAKE the small lakes of the Wahsatch, the Utah, the

These counties are not contained in the U. S. census re turns for 1860; while three returned by the census, Carson, Deseret, and Summit, are not named by Burton.

Nicollet, and the Little Salt lake. All these are fed by the streams that flow from the western counterslope of the Wahsatch mountains. The other chain consists of Mud, Pyramid (so called from a pyramidal rock rising from its waters), Carson, Mono, and Walker's lakes, which receive the waters flowing from the eastern slope of the Sierra Nevada. There are many thermal springs in the territory, some of which discharge strong brine, some are sulphurous, and others chalybeate.-The rocks of Utah are mostly primitive-granite, jasper, syenite, hornblende, and porphyry, with various quartzes. Volcanic action is indicated by the presence of obsidian, scoriæ, and lava. Many of the ridges are of carboniferous limestone mingled with calcareous spar, and resting upon or alternating with hard and compact grits and sandstone, and in many places rich with encrinites and fossil corallines. In the cañons near Salt Lake City are found bowlders of serpentine; fine gray granite; coarse red, ochrish, poikilitic, crystalline white, and metamorphic sandstones; a variety of conglomerates, especially granitic, with tufa in large masses; talcose and striated slates, gypsum, pebbles of alabaster, and various kinds of limestone. Marble of every hue and texture is found in large masses. Iron of excellent quality is abundant, and gold, silver, copper, lead, and zinc have been found. Bituminous coal exists in inexhaustible quantities, as also sulphur and saleratus; and alum, borax, and petroleum have been discovered. Among the precious stones that have been found are rubies, emeralds, chalcedony, sardonyx, carnelian, and agates.-Among the native animals are the antelope, deer, elk, bighorn or Rocky mountain sheep, the cougar, the catamount, the large and small wolf, the red, great-tailed, and silver fox, minks, ermines, skunks, badgers, wolverenes, beavers, hares, the jackass rabbit, porcupines, gophers, woodchucks, squirrels, and the hyrax, or as the Mormons call it the cony. The principal birds of prey are the red-tailed hawk, the sharp-shinned hawk, the sparrow hawk, and the vulturine turkey buzzard. There are several varieties of quail and grouse; and among the water fowl are swans, wild geese, the white pelican, the cormorant, the mallard or green-head, the red-breasted and greenwinged teal, the brant, the plover and curlew, the gull, a blue heron, and a brown crane. There are also the blue bird, the humming bird, finches, woodpeckers, the swamp blackbird, the snowbird, and a species of lark which is considered a delicacy for the table. Among the reptiles are a gray and green lizard and the phrynosoma or horned frog, of which there are many species. The serpents are chiefly rattlesnakes, swamp adders, and water snakes. The fishes are perch, pike, bass, chub, trout, and salmon trout, the last of which sometimes reaches the weight of 30 lbs.-The vegetation of Utah is not luxuriant. Timber is scarce except on the mountains, where there are extensivo forests of pine and fir. The lower cañons

and river bottoms produce willows, scrub maple, box elder, aspen, birch, cottonwood, and in the southern part of the territory spruce and dwarf ash. There is an inconvenient deficiency of hard wood and of wood fit for building, though extensive plantations have been made which promise a sufficient supply in the future. Among the peculiar natural products is a fine bunch grass, which lives and grows through the winter and furnishes food for cattle at all seasons. The wild fruits are the service berry, chokeberry, buffalo berry, gooseberry, strawberry, and black, white, red, and yellow mountain currant.-The great elevation of Utah above the sea and the immense masses of snowcovered mountains that surround it exercise a material effect upon the climate. The air is highly rarified, so that new comers suffer from difficulty of breathing, and after violent exercise experience nausea and fainting. The weather is changeable, and during much of the year is very bleak. In 1860 the highest range of the thermometer was 96° in July, and the lowest 22° below zero in December. Spring opens in the valleys with great suddenness, and the summer is hot, though the mornings and evenings are usually cooled by breezes from the mountains. Thunder storms and dust storms are frequent and violent. The winter is severe, with high winds and deep snows, which lie in the cañons throughout the year.-The Indians of Utah are chiefly of the Shoshonee or Snake nation, and of the Yuta or Ute race, as they are commonly called by the whites. The Shoshonees comprise 14 tribes, averaging nearly 1,000 souls each. The Yuta are divided into 27 bands, and are estimated to number 15,000 souls. Many of their bands however roam beyond the bounds of Utah, and the whole nation is thought to be diminishing. Of late years they have been hostile to the whites, and have lost many of their fighting men in encounters with the emigrants crossing the plains to California, and with the U. S. regular forces. Of the white inhabitants of Utah, nearly all are Mormons or "Latter Day Saints," the majority of whom are of European birth, chiefly English. The character of these people, among whom polygamy is extensively practised, has been very differently represented by different observers. By most of the travellers who have written concerning them they have been described as intolerant, ignorant, immoral, and coarse, with little regard for the rights of the "Gentile" or non-Mormon part of their neighbors. On the other hand, Capt. Burton, the English traveller, who spent 24 days among them in 1860, and is an apologist for polygamy, says that "in point of mere morality the Mormon community is perhaps purer than any other of equal numbers," and ascribes to them tolerance, kindness, sobriety, industry, and many other good qualities. The influence of the priesthood is very strongly felt in all civil and social matters among the Mormons, and is exercised through a complicated and imposing or

ganization of presidents, bishops, elders, quorums, and councils. A regular system of tithing has been instituted, by which one tenth of the grain, beef, pork, butter, and other products of labor is given by the people to the church. There is a tithing office at Salt Lake City, in which the goods thus contributed are received and stored, and in which accounts are kept with every member of the church. The amount of the produce of each is carefully ascertained, and he is charged with one tenth of every thing, including his labor, and credited with what he pays. Branch offices are kept at the principal villages and settlements, from which reports are made.-The soil of Utah is in general hard, dry, and barren. Not more than one fiftieth part is fit for tillage, though in some places extraordinarily large crops have been raised. It is said indeed that land near Lake Utah has yielded from 60 to 100 bushels per acre. The principal crops are wheat, buckwheat, oats, barley, Indian corn, all the fruits and vegetables of the temperate zone, and flax, hemp, and linseed in abundance. The warmest and most fertile lands are on the benches above the lower valleys. The alkaline nature of the soil is injurious to vegetation, though potatoes, squashes, and melons are made sweeter by a small admixture of it. A species of cricket, and a grasshopper about the size of a common locust, are also very troublesome to the farmer. The difficulties which beset agriculture do not extend to grazing, for which the country is admirably adapted. The valleys supply plentiful pasturage in the winter, and as spring advances, and the snow disappears on the hills, the flocks and herds find ample forage on the bunch grass, which bears its seed in summer. In the basin of Green river is a fine wool-producing region nearly as large as Massachusetts, and the best breeds of sheep have already been introduced into the territory. In 1860 the valley of the Great Salt lake produced 306,000 bushels of grain, chiefly wheat, which thrives better than maize, the summers being scarcely long enough for the latter grain.-The manufactures comprise farming implements, agricultural and other machines, steam engines, leather, woollen and cotton goods, dye stuffs, furniture, cutlery, hardware, jewelry, and brushes. These works are carried on for the most part by skilful English artisans. There are some distilleries and 8 or 10 breweries, in which beer is made from wild hops. The great distance of Utah, both on the east and the west, from the settled parts of the country, and the difficulties of transportation over the mountains, render almost every article of commerce not produced in the territory itself exorbitantly dear. Groceries and clothing are particularly high-priced. Sugar is worth from 371 to 40 cents per pound, coffee 50 cents, and tobacco $1.-Education is superintended by a chancellor and board of regents of the "university of the state of Deseret." Common schools are established in each ward of Salt Lake City. There are also various insti

tutions of a higher order, of which the most flourishing is an academy founded in April, 1860, in which science and art are to be taught gratis to all who pledge themselves to learn thoroughly, and to benefit the territory by their exertions. There are two weekly newspapers in the territory, of which the "Deseret News," established in 1850, is the recognize? ¿en of the church. The other is a secular aper called "The Mountaineer."-Utah is organized like the other territories of the United States, with a governor, secretary, marshal, and judges appointed by the president, and a legislative assembly elected by the people. Legislative action is not dissimilar from that of other territories, except that no punishment is affixed to bigamy. There was no national law against this offence until 1862, when congress passed an act "to punish and prevent the practice of polygamy in the territories of the United States and other places, and disapproving and annulling certain acts of the legislative assembly of the territory of Utah."--For the history of Utah, see MORMONS. The inhabitants of the territory have recently adopted a constitution and government under the title of the state of Deseret, and their senators and representatives in June, 1862, unsuccessfully applied to congress for admission.

UTAH, an E. co. of Utah territory, bordering on Colorado territory, and drained by White, Green, and Uinta rivers; area, about 4,000 sq. m.; pop. in 1850, 2,026. Utah lake, 40 m. long and from 5 to 12 m. wide, lies in the W. part, which is also traversed by the Wahsatch mountains. Most of the surface is hilly. The soil in the valleys is productive, and in the hilly parts sterile. Capital, Provo.

UTICA, a city and one of the capitals of Oneida co., N. Y., situated on the Mohawk river, and at the junction of the New York central and Utica and Black River railroads, and of the Erie and Chenango canals, 95 m. W. N. W. from Albany, and 56 m. E. from Syracuse; pop. in 1860, 22,528. The city lies on the S. side of the Mohawk, and is regularly laid out; it rises gradually from the river to the height of 150 feet at the head of Genesee street. This street has the principal shops and many elegant private residences. The city hall on this street, erected about 1852, is of Milwaukee brick, and contains beside the city offices a court room for the U. S. district court, and a commodious public hall. The city is lighted by gas, is well supplied with water, and has a very efficient fire department. It has 6 large and several smaller hotels; 4 banks, with an aggregate capital of $1,310,200, and 2 savings banks; a cotton mill, employing 350 hands, consuming 3,000 bales of cotton, and producing 3,400,000 yards of cotton cloth annually; 2 woollen factories, employing 430 hands, and consuming nearly 900,000 lbs. of wool annually; a millstone and plaster mill, producing about $60,000 worth annually; and numerous manufactories of starch, flour, ale, clothing, organs,

pianos, castings, machinery, carriages, boats, stone wares, fire brick, carpets, oil cloths, &c. There are 24 churches, viz.: 4 Baptist, 3 Methodist Episcopal, 3 Protestant Episcopal, 3 Roman Catholic, 2 Presbyterian, and 1 each Evangelical, Evangelical Lutheran, Calvinistic Methodist, Reformed Dutch, German Methodis' Vesleyan Methodist, Old School Baptist, and Uersalist, and a Jewish synagogue. There are 11 newspapers and periodicals published in the city, of which 3 are daily and weekly, 4 weekly, 3 monthly, and 1 quarterly. Two of the newspapers are Welsh and one German. The public schools are graded, and in 1861 employed 7 male and 38 female teachers, and were attended by 3,108 pupils. The total expenditure was $22,745. The number of volumes in the district school libraries was 3,018. There were beside these 10 private schools, the Utica female academy, a flourishing institution founded in 1837, and the academy of the Assumption, under the care of the brothers of the Christian schools. Utica is the seat of the state lunatic asylum, one of the largest insane hospitals in the United Sates, which on Nov. 30, 1861, had 382 patients. The asylum occupies a farm of 130 acres, and the cost of the buildings has been upward of $500,000. There are also a Catholic and a Protestant orphan asylum; the former, under the care of the sisters of charity, maintains from 50 to 90 orphans, and the latter, incorporated and endowed, from 75 to 100.-The site of the city was included in the colonial grant styled Cosby's manor, made in 1734; but there was no settlement till after the revolution. In 1787 there were 3 log huts in the place. Fort Schuyler had been erected between the present Main and Mohawk streets, below Second street, in 1758, and occupied as a military post, and a blockhouse was built before the close of the revolutionary war on the site of the present railroad depot. In 1813 it had 1,700 inhabitants, and it grew very slowly till after the completion of the Erie canal.

UTICA, an ancient city of Africa, situated on the W. arm of the river Bagradas, near the bay of Carthage, a little N. W. of the present city of Tunis; its site is now occupied by the little village of Duar. It was founded by the Tyrians, 287 years before the foundation of Carthage. In the early wars between Rome and Carthage it appears as an ally of the latter. In the 3d Punic war it made a separate and early submission to Rome, and its prosperity was thereby greatly increased, as on the fall of Carthage a part of its territory was given to Utica, and that city made the capital of the colony and the residence of the Roman gover

nor.

In the historical narratives of the struggles between Sylla and Marius, and those between Cæsar and Pompey, frequent references are made to it as a place of great importance. Its temples and statues; its amphitheatre, capable of seating 20,000 persons, and where on an artificial lake mimic sea fights were exhib

ited; its aqueduct, bringing water from hills several miles distant, and carrying it by triple arches over the ravines; its numerous vast reservoirs, or cisterns, some of which still remaining are 136 feet long, 19 wide, and 20 or 30 deep, all indicate its magnificence in the period of its greatness. Cato the younger, surnamed Uticensis, committed suicide here in 46 B. C. Augustus made it a free city. Hadrian persuaded the inhabitants to become a Roman colony. Septimius Severus bestowed upon it the jus Italicum. It was the see of a Christian bishop at an early date. It fell into the hands of the Vandals in 439, but was recovered by the Byzantine emperors, who retained it till the reign of the caliph Abd-el-Malek, when it was conquered by the Arabians, and was destroyed about the close of the 7th century.

UTOPIA (Gr. ov, not, and rоTOS, a place), the title of a political romance by Sir Thomas More, and the name that he gave to an imaginary island, which he represents to have been discovered by a companion of Amerigo Vespucci, and in which existed a perfect society. He pictured a community where all the property belonged to the government, to which every one contributed by his labor, receiving therefrom a supply of his wants; where the citizen rose through all the gradations of his existence from form to form, as if in a vast public school; where gold was contemned, and all the members of the society, unswerved by passion, were fixed each in his proper place. The "Utopia" of More was published in Latin in 1516, and was translated into English by Bishop Burnet. The name is applied to all narratives of an imaginary perfect society, as the republic of Plato, the solar city of Campanella, the "Oceana" of Harrington, the floating isles of Morelli, and the happy nation of Felicians of Mercier de la Rivière; and also to socialist speculations like those of Babeuf, Saint Simon, and Fourier.

and

UTRECHT, a province of Holland, bounded N. by North Holland and the Zuyder Zee, E., S., and W. by Gelderland and South Holland; area, 534 sq. m.; pop. in 1860, 161,164. The chief towns are Utrecht, the capital, Amersfoort, Rhenen, Wyk, Montfoort, and Ysselstein. The surface is level in the N. and W., varied in the S. E. by some low hills. It is well watered by the Rhine, and its branches the Vecht and Amstel. The air is not so damp as in other parts of Holland, and the climate is generally healthy. In the more elevated parts of the province the soil is sandy, and is covered by extensive heaths and tracts of peat moors; but the low ground is remarkably rich and fertile.-UTRECHT, the capital, is situated on the Old Rhine, at the bifurcation of the Vecht, in lat. 52° 7' N., long. 5° 6' E., 22 m. S. E. from Amsterdam; pop. in 1859, 53,083. The site is comparatively elevated, and the town is traversed by 2 canals which are crossed by numerous stone bridges. It is of oval shape, about 3 m. in circuit, and was formerly surrounded by walls, but these have been removed and the .

ground occupied by beautiful walks, outside of which is the Maliebaan, a promenade and carriage way planted with several rows of shade trees, and bordered by fine gardens. The most remarkable building is the ancient cathedral, erected in 1382 and now in a dilapidated state. It has a detached tower, said to be 388 feet in height. There are several other churches, 3 of which belong to the Jansenists, who have their chief establishment here. The old town hall contains the room in which the first confederation of the Dutch provinces assembled in 1579; and another where many of the preliminaries of the peace of 1713 between the allies and the French were agreed to. The university is a plain building, but contains a valuable library of 50,000 volumes, a museum, an anatomical hall, and a laboratory, and has an observatory and botanic garden. It was founded in 1636, has 22 professors, and in 1858-19 had 469 students. There are numerous schools. The manufactures include cotton, linen, silk, woollen cloth, carpets, plush or "Utrecht velvet," leather, &c.

UVALDE, a new S. W. co. of Texas, bounded W. by the Nueces river, and drained by the Rio Frio and its affluents; area, 1,480 sq. m.; pop. in 1860, 506, of whom 27 were slaves. About two thirds of the county is prairie land. The soil is very productive. Sheep and goats are raised extensively. Capital, Uvalde.

UVAROFF, SERGEI, & Russian statesman and author, born in St. Petersburg about 1793, died in 1855. He held various important offices under government, and became in 1818 president of the St. Petersburg academy of sciences, and subsequently curator of the university of the same city. He was created a count in 1836. He wrote in French an Essai d'une académie Asiatique (1810); Essai sur les mystères d'Éleusis (St. Petersburg, 1812); De l'empereur Alex

andre et de Bonaparte (Brunswick, 1815); and Esquisses politiques et littéraires (Paris, 1848); and in German, "The Poet Nonnus of Panop olis" (1817); "Studies on the Ante-Homeric Era" (1821); and "Remarks upon Goethe" (1833).-His son ALEXEI published at St. Petersburg in 1852 a volume of travels along the N. shore of the Black sea.

UVULA, the conical fleshy appendage, hanging down toward the tongue from the border of the soft palate, on the median line. It is made up of muscular substance, covered by mucous membrane; from it arise on each side two folds, called the pillars of the fauces, between which, on the back part and sides of the throat, are the tonsils. It varies in size and length in different individuals, but is generally to of an inch long; it is sometimes so long as to rest upon the tongue, causing harassing cough from its continued tickling, requiring the use of astringent gargles or even a partial excision; it is occasionally bifid at the tip.

UWINS, THOMAS, an English painter, born in London in 1783, died Aug. 25, 1857. In early life he was much employed in designing for illustrated works, and making water color copies of paintings for the use of engravers; but subsequent to 1826, when he visited southern Europe for the benefit of his health, he painted a numerous and popular series of pictures illustrating the social life of the Italian peasantry. He also painted English and French peasant pieces, and somewhat later illustrations from popular authors and from sacred and profane history. His historical pictures are his least successful productions. In 1836 he was elected a royal academician; and for several years he was keeper of her majesty's pictures and of the national gallery.

UZZIAH, or AZARIAH, a king of Judah. See HEBREWS, vol. ix. pp. 34, 35.

END OF VOLUME FIFTEENTH.

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