Page:Black's Law Dictionary (Second Edition).djvu/1197

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UPSET PRICE

UPSET PRICE. In sales by auctions, an amount for which property to be said is put up. so that the first bidiier at that price is deciared the buyer. Wharton.

UPSUN. In Search law. Between the hours at sunrise and sunset. Poindliig must be executed with upsmi. 1 Forb. Inst. pt. 3. p. 32.

URBAN HOMESTEAD. See HOME- ETE_AD.

URBAN SERVITUDE. City scrvitudea, or servitudes of houses, are called "urban." Thev are the easements appertaining to the building and construction of houses; as, for instance, the right to light and air, or the right to build I1 house so as to throw the rain-water on a nelghbor’s house. l\1ozley it Whitley: Giv. Code La. 1900, § 711.

ITRBS. Lat. In Roman law. A city. or a walled town. Sometimes it I put for cu.-ilas, and denotes the inhabitants, or both the city and its inhabitants; i‘. e., the municipaiity or commonwealth. By Way of ape clal pre-eminence. urba meant the city of Rome. Ainsworth.

‘DRE. L. Fr. urn. put in practice; Kelhnni.

Effect; practice. Mix en carried into effect.

USAGE.}} Usage is a reasonable and law- ful public custom concerning transactions of the same nature as those which are to be effected thereby, existing at the place where the ohligafion is to be performed, and either known to the parties, or so well estabilshed, general, and uniform that they must be presumed to have acted with reference thereto. Civ. Code Dali. § 2119. And see Miiroy v. Raiiway Co., 98 Iowa, 188, 67 N. W. 276; Barnard v. Keiiogg. 10 Waii. 388, 19 L. Ed. 987: Wilcoclcs v. Phiillps, 29 Fed. Cas. 1-203; McCarthy v. McArthur. 69 Ark. 313, 63 S. W. 56: Lincoln it K. Bank v. Page. 9 Mass. 156, 6 Am. Dec. 52: Lane v. Brink, 3 Ind. App. 299. 29 N. E. 613: Morningstar v. Cunniiu:ha1n_ 110 Ind. 328, 11 N. E. 593, 59 Am. Rep. 211.

'I‘his word, as used in English law, differs from “custom" and "prescription," in that no man may claim a rent common or other inherit- ance by usage, though he may by prescription. Movenver, a usage is iocal in aii cases, and must be proved: whereas, a custom is frequentl ,-zenei-ai, and as such is noticed without proo . “Usazc." in French law, is the “u8ua" of Roman law. _and corresponds very nearly to the tenancy at will or on sulferance of English law. Brown.

"Usage," in its most extensive meaning. icnludes both custom and prescription; but, in its narrower signification, the term refers to 8. general habit. mode, or course of procedure. A usage dlifers from a. custom. in that it does not require that_ the usage shonid be immeniorial to establish it; but the usage must be known,

1189

USE

certain, uniform, reasonabie, and not contrary to law. Lowry v. Read, 3 Brewst. (Pa) 452.

“Usage" is also caiied a “custom." though the iatter word has also another gnihcation: it is a. iortg and uniform practi applied to habits, modes, and courses of deaiing. It reiates to modes of action, and does not com rebend the mere adoption of certain peculiar octrines or miss of law. Dickinson v. Gay. 7 Aiien (Mass) 29, 83 Am. Dec. 656.

—Gene:-nl usage. One which prevaiis gensriiily throughout the country, or is foiioxied geiieivaily by a given profession or trade, and is not local in its nature or ohservance.—Usnge of trade. A course of dealing; a mode of conducting transactions of a pzirticuiar kind, proved by witnesses testifying of its existence and uniformity from their knowledge obtained by observnri--n of what is practiced by them- selves aiid others in the trade to whic it re- iates. Hasltins V Vvarren, 115 Mass. 535.

USANCE. In nicrcantile law. The com- mon period fixed by the ilstlge or custom or habit of deaiing between the country where a biil is drawn, and that where it is pay able, for the payment of hills of exchange It means, in some countries, a month, in others two or more months, and in others halt a month. Story, Bilis, §§ 50, 14-4, 332.

USE. A confidence reposed in another, who was made tenant of the land, or terretenant, that he wouid dispose of the land accordhig to the intention of the ceslm‘ qiie use, or him to whose use it was granted, and suffer him to take the profits. 2 Bl. Comm. 328.

A right in one person, coiled the "cestwl que use." to take the profits of land of which another has the icgal title and possession. together with the duty of defending the same, and of making estates thereof according to the direction of the cestui que use, Bouvler.

Use is the right given to any one to make a gratuitous use of a thing belonging to an- other, or to exact such a portion of the fruit it produces as is necessary for his personal wants and those of his famiiy. Civ. Code La. art. 626.

Uses and trusts are not so much different things as ditterent aspects of the same subject. A use regards principally the hencficial interest: [I trust regards principally the nominal ownership. The usage of the two terms is. how- ever, widely different. The word “use” is empioyed to denote either an estate vested since the statute of uses, and by force of that statute, or to denote such an estate created before that statute as, ‘had ' been created since, would have become a legal estate by force of the statute. The word "trust" is_ employed since that statute to denote the relation between the party invested with the legal (state (whether by force of that statute_or intlclicndently of it) and the party beneficially entitled, who has hitherto been said to have the equitable estate Mozley & W'hitIey.

In conveyancing, “use" litcrally mean: "henefit;" thus, in an an ordinary assignment of chatteis, the assiguor transfers the

property to the assignee for his “absolute