Page:Black's Law Dictionary (Second Edition).djvu/1198

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USE

use and benefit" In the expressions “sepa- ifli-e use," “superstitious use," and “charitahie use," "use" has the same meaning. Sweet.

In the civil law. A right of receiving so much of the natural profits of a thing as is necessary to daily sustenance. It differs from "usufriict." which is a right not only to use, but to enjoy. 1 Browne, Glvli & Adm. Law. 184.

—Cestui qua use. A person for whose use and benefit lands or tenements are held by another. The latter, before the statute of uses, was cziiled the “feoiiee to use." and held the noniinnl or legal titlc.—Cliarita'b1e uiie. Sce CHAm'rAaLE.—Couti.ugent use. A use limited to take effect upon the happening of some future contingent event; as where lands are conveyed to the use of A, and B., after a mar1'ia5.'e shall he had between them. 2 Bl. Comm. 334; Haywood v, Slireve. 44 . . J, Law. 94: Jamison v. Blowers. 5 Rnrb. (N. Y) (i‘.')2.—Executed use. The first use in a conveyance upon which the statute of uses op- erates by bringing the pass on to it, the combination of which, 1', ¢.. tie use and the pos- SESSIOD, form the legal estate, and thus the statute is said to excuile the use. “Wharton. —Exeoutox-y uses. Those are springing uses. which confer :1 legal title answering to an executcry devise; as when a limitation to the use of A. in fce is defensible by a limitation to the use of B.. to arise at a future period. or on B given event —l‘eoffee to uses. A person to whom (before the statute of uses) land was conveyed “for the use" of a third person. Ile held the nominal or legal title, while the third poison. called the “ce.rtm' qua use." was entitled to the beneficial enjoyment of the estnte.—0£’- finial use. An actixe use before the statute of uses, which imposed some duty on the legui owner or feolfce to uses: as a conveyance to A. with diiections for him to seii the cstate and distribute the proceeds among B., C., and D. To enabie A. to perform this duty, he had the is-,<mi - ossession of the estate to be said. \\"harton.— nssive use. A permissive use, (q. 11,) —-Pennissiwe use. A passive use which was resorted to before the statute of uses, in order to avoid a hnish law; as that of mortmain or a feudal forfeiture. It was a mere invention In order to evade the law by secrecy; as a con- veyance to A. to the use of I1. A. simply held the possession, and B. enjn_\ ed the profits of the estate, Wharton,—Resu1ting use. use raisi-d by equity for the benefit of a feolfor who has made a voluntary conveyance to uses without iiny cicciaration of the use. 2 Wasiili. Real Prop. 100 A resulting use arises where the legal seisin is transferred, and no use is expressly declared, nor any consideration nor evi- dence of intent to direct the use. The use then remains in the originai grantur, for it cannot be supposed that the estate was intended to he given away, and the statute immcdiateiy transfers the legal estate to such resulting use. Wharton.—Sec-uidary use. A use limited to take elfect in derogation of a preceding estate, otherwise nailed a "shifting use." as a convey- ance to the use of A, and his heirs, with a pro- visn that, when 13. returns from India, then to the use of C, and his heirs. 1 Stepb. Comm. 54(3.——SI1ifti.ug use. A use which is so limited that it wiil be made to shift or transfer itself, from one beneficiary to another. upon the occurrcnce of a certain event after its creation. For exampie, an estate is iimited to the use of A, and his heirs. provided that, upon the return of B. from Rome, it shall be to the use of C. and his heirs; this is a shifting use, which transfers itself to C, when the event happens. 1 Steph. Comm. 503; 2 Bl. Comm. 335. These shifting uses are common in oil settlements; and.

1190

USHER OF THE BLACK ROD

In mm riage seitiements, the first use is v 3 to the owner in fee till the u\srriage.and ' , other uses. The fee remains with the own . til the marriage, and than it shifts as uses

4_ Kent, Comm, 2‘.')'i',—Springing use. A iitaitcd to arise on a future event “here an ceding use is iimited, and which does not effect in derogation of any other interct ‘ ' that which resuits to the grantor, or ran: him in the mean time. 2 Wasbh. Itt-ail 281: Smith v. Brisson. 90 N. C. 2.‘18.—-Sta v of uses. An English statute enacted in

(27 Hen. VIII. c. 10.) directed against the I

vening estate of the frotfee to uses, and tile beneficial interest of the cextiii qiie uw absoiute legal title.—Supex-stitiouii See that titlc,—‘Use iurii occupation. is the name of an action. beini: a rnrii-cg l aiimpsit. to be m-iintained by a landioid one who has had the occupation and en

. express or implied, but not under Sl'¢‘lJ a ' as wnuid support an action spcciht _ r v —‘Use plaintiff. One for whose us! an an action is brought in the name of a -i ‘ Thus, where the assignee of a chum in -< is not iiiloucd to sue in his own mime, ti‘ ~ tinn would he entitled “A B, "be 4- ' ’ for the Use of C. 1). (the assisnue) aging! E'E’__ In this case, C. D. is called the "use I .

USEE. hrough t : tiff."

A person for whose use a salt ' otherwise termed the “use pl ~

USEFUL. By “useful," in the pa law, is meant not an invention in all oz superior to the modes now in use for some purposes, but ‘‘useful, in couti i tlnction to frivoious and mischievous, invention. Loweil 17. Lewis, 1 illason, 182, 186. Fed Can. No. 8,568. .

By "useful" is meant such an invention may be appiicd to some beucflcinl use in .- A .- V in cantradistinction to an invention which . injuiions to- the morals, the he.ilth, or the goo order of society. Bedfnrd v. Hunt. 1 Mason, 302. Fed. Cas. No. 1,217.

USER. The actual exercise or enjoyment of any right or property. it is particniarly nsed of franchises.

—Adverse user. An adverse user is so - a use of the property as the owner a I ’ would make, asking no permission, and I ‘l gsrrling aii other claims to it. so far as th' confiict with this use. Blanchard v. Moulton.» 63 Me 434: Murray v. Scribner. 7-1 V\‘is. Oil“ '13 N. W’. 549: “'ard v. Warren. 82 N. Y. 263.

USER DE ACTION. L. Fr. In old priic

tlce. The pursuing or bringing an action Cowell. USHER. This word is said to be derived

from “Iim'.ssi'.er." and is the name of a subordinate oliicer in some English courts of law. Archb. Fr. 25.

USHER OF THE BLACK ROD. The

gentleman usher of the biacl: rod is an officer of the house of lords appointed by let-