Page:Black's Law Dictionary (Second Edition).djvu/1199

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USO

lers patent from the crown. His duties are, by himseif or deputy, to desire the attendance of the commons in the house of peers when the royai assent is given to biils. either by the king in person or by commission, to ex- ecute orders for the commitment of persons giiiity of breach of privilege, and also to assist in the introduction of peers when they take the oaths and their seats. Brown.

USO. In Spanish law. Usage: that which arises from certain things which men say and do and practice uninterruptedly for a great icngth of time, without any hindrance whatever. Las Partidos, pt. 1.. tit. 2, L 1.

USQUE. Lat. Up to; until. This is a word of exclusion, and a reiease of all de msnds usque ad a certain day does not cover ii hond made on that day. 2 Mod 28.

USQU]-I AD PILUM AQUE, OR VIE. Up to the middle of the stream or road.

USUAL. Hnhituiil; ordinary; customary;

according to usage or custom; commonly estahiished, observed, or practised. See Chicago & A. R. Co. v. Hnuse, '71 Iii. App. 147; Kellogg v. Curtis. 69 Me. 214. 31 Am. Rep. 273: Tescher v Mereu, 118 Ind. 586, 21 N. E 316: ‘Trust 00. v. Norris. 61 Minn. 256, 63 N. W. 634. -—Usua.1 covenants. See C0\'E)Ii\l\"1.‘-—UsI1a.1 terms. A phrase in the common-law practice, winch meant pleading issuably rejoining yratis, and tiilmng short notice of trial, when a defendant obtained further time to piefid, these were the terms usuaily imposed. W'hnrton.

USUARIUS. Lat. In the civil law. One who had the mere nse of a thing heiouging to another for the purpose of suppiying his daily wants; a usuary. Dig. 7. 8, 10, pr.; Caivin.

‘ USUCAPIO, or USUCAPTIO.}} A term of Roman law used to denote a mode of ac- quisition of property. it corresponds very nearly to the term “prescrlption." But the prescription of Roman law differed from that of the English law, in this: that no main fide possessor (6. e., person in possession knowingly uf the property of another) cuuid, by however iong a period, acquire title by possession mereiy. The two essential requisites to izsucapia were jusm (must: (i. e., titie) and Dana. fides. (i. e., ignorance.) The term “uxucap€o" is sometimes, but erroneousiy, written “usuciiptio." Brown. See Pavey v. Vance, 56 Ohio St. 162, 46 N. E 893.

Usnoapio constitute est ut nliqnis litinni flnis asset. Prescription was lustituted that there might be some end to litigation. Dig. 41, 10, 5; Broom, Max. 894, note.

USUFRUCT. In the civil law. The right of enjoying a thing, the property of

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USURIOUS

which is vested in another, and to draw from the same all the profit, utility, and advantage which it may produce, provided it be without aitering the substance of the thing. Civ. Code La. art. 533. And see Muiford v. Le Franc, 26 Cal. 102; Cartwriglit v. Cart- wright. 18 Tex. 62S; Stiiiusse v. Sherifit, 43 IA1. Ann. 501, 9 South. 102.

—-Ii;npex'£ect nsnfrnet. An imperfect or quasi usufruci is that which is of things which would be useiess to the osufrriciuiiry if he did not consume or expend them or change the substance oi’ them; ins, money, grain. iiquors. Clv. Uode La. 1900. art. 53-L—Pex-feet nsufruct. An usutruct in those things which the usufi-uctnziry can enjoy without changing their siibstance. though their substance may be diminished or deteriorate naturiiiiy by time or by the use to which the are applied, as, a house. a piece of land. furniture, and other movable el‘_Fects. Civ, Code La. 1900. art. 534.—Qun.si nsnfrnct. In the ci i law, Originally the usnfruct gave no iiuht to the substance of the thing, and consequently none to its consumption: hence only iiu inmnsumabie thing could be the object of it. whether niovohie or immovnbie But in later times the right of iisiitriict viiis, by -inalogv. extruded tn consumiibie things, and then-ixiih lirnse the distinctiori between true and quasi usu-

fruets. See Mackeid, Rom. Law, § 307; Civ. Code La. 1900. art. 53-1. USUFRUCTUARY. In the civil law.

One who has the iisufruct or right or enjoying nuvthing in which he has no property, Cartwright v. Cartwright. 18 Tex, 623.

USIJ'FB.UIT. In French law. The same as the usufmct of the English and Roman law.

USURA. Lat

ey given for the use of money; Commoniy used in the piurai, Dig. 22, 1. —Usnz-a _nu_1m'£'esta. Manifest or open us_u- ry; as distinguished from usuru. -vrlniuy. veii- ed or concealed usury, which consists in ;:ivin}: B bond For the loan. in the nmount of which is inciufled the s pointed interest—. Usiira niaritinia. Interest taken on bottom- ry or respondciitia bonds, whirli is proportioned to the risk, and is not uifected by the usury IBWS.

In the civil law Mon- interest. “usura3"

Usrix-n. est commodum certnm quad propter uslnn rei mutuatne recipitnr. Sed uecnndario spin-are ale nlliqus. retri- bntione, ad volnntatem ejnu qui mutuatus est, hoe non est vitiosnni. Usurv is a certain benefit which is received for the use of a thing ieut. But to have an understanding fiiterally, to breathe or whisper.) in an incldeutai Way, ahout some couiiiensation to be made at the pieasure of the borrower. is not lawful. Branch. Princ.; 5 Coke, 70b: Gian. iib. 7. c. 16.

USURARIIIS. In old English law. A usurer. Fieta. Ub. 2, c. 52, § 14.

USURJOUS. Pertaining to usury; partaking of the nature of usury; involving usury; tainted with usury; as, a usurious

contract.