Page:Black's Law Dictionary (Second Edition).djvu/1200

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USURPATIO

USURPATIO. Lat. In the civil law. The interruption of a usucaption, by some act on the part of the real owner. Caivin.

USURPATION. Torts. The unlawful assumption of the use of property which be- longs to another; an interruption or the disturbing :1 man in his right and possesswn. Tolnlins.

In public law. The unlawful seizure or assumption of soveieign power; the assump- Liou of g 'e1nment or supreme power by force or illegally, in derogation of the constitution and of the rights of the lawful ruier. —‘Usux-patiau of advowsou. An injury which consists in the absolute ouster or disllusscbsiun

0 of the patron from the advowson or right of

presentation, and which happens when a stran- ger Will!) has no right presents a clerk, and the latter is thereupon admitted and instituted. Br0wn.—Usurpation of franchise or of-

ce. Tile unjustiy intruding upon or exer- cising any oiiice, franchise, or l.ihe1Ly belonging to another.

USURPED POWER. In insurance. An invasion from abroad, or an internal rebellion, where armies are drawn up against each other, when the laws are silent, and

swhen the firing of towns becomes unavoida- hie. These words cannot mean the power of a common mob. 2 Marsh. Ins. 791.

USURI-'1-IR. One who assumes the right

of gn\el'mncnt by force, contrary to and in Tvioiation of the constitution of the country.

USURY. In old English law. Interest of money; l.1lCl€i1SE for the loan of money; a reward for the use of money. 2 Bi.

"Comm. 454.

In modern law. Unlawful interest; a premium or compensation paid or stipulated _to be paid for the use of money borrowed or returned, beyond the rats of interest estab- lished by law. Webster.

An unlawful contract upon the loan of mouev, to receive the same again with ex- orbitant increase. 4 Bl. Comm. 156.

Usury is the reserving and taking, or contracting to reserve and take, either directiy or by indirection, a greater sum for the use of money than the lawful interest. Code Ga. 185:2, §205]. See Henry v. Bani: of saline, 5 Hlii (N. Y.) 528: Parham v. Puiiiam, 5 Cold. (Tenn.) 501; New England Mortg. Sec. Co. v. Gay (0. C.) 33 Fed. 640; Lee v. Peckham, 17 Wis. 386; Roscnstein v. Fox. 150 N. Y. 334. 44 N E. 1027.

USUS. Lat. In Roman law. A precarious enjoyment of land. corresponding with the right of habitatio of houses, and being eloseiy analogous to the tenancy at suilferance or at will of Fngiish law The usuarms (i. e., tenant by usux) could only hold on so long as the owner found him convenient, and had to go so soon as ever he was in the owner's way. (7nolcst1:.\-.) The usuzwius could not have

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UTERQUE

a friend to share the produce. it was scarce- ly permitted to him (Justinian says) to have even his wife with him on the land; and he could not let or seli, the right being strictly personal to himself. Brown.

USUS BELLICI. Lat. In iutm'nl1tllJni1l law. Warlike uses or objects. it is the lam bciiioi which determine an article to be mntnihand. 1 Kent, Comm. 141.

Usus est duminium flducisrium. Elm.

St. Uses. Use is a fiduciary dominion.

Usus at status sive pnssessio pothu diiferunt secundum ratinnem fori. qusm seeundum rstionem rei. Bac. St. Uses. Use and estate, or possession, diiIer more in the ruie of the court than in the rule of the matter.

USUS ITLUCTUS. Lat. In Roman law. Usufruct; nsufructuary right or possession The temporary right of using a thing, with out haxing the ultimate property, or full do- minion, of the substance 2 Bl. Comm 3"?

UT CIIRRERE SOLEBAT. Lat. As it was wont to run; apphed to a watercourse. UT DE FEOD0. L Lat. As of fee

UT HOSPITES. 25, pl. 10.

Lat. As guests. lsalk

‘Ut pmnn ad pauous, metus ad nmnel perveniat. That the punishment may reach a few, but the fear of it affect ali. A max- im in criminal law, expressive of one or the principal objects of human punishment 4 Inst. 6; 4 Bl. Comm. 11.

‘IR res magis valeut qunm per-est. That the thing may rather have effect than be ale stroyed. Saltonstall v. Sanders, 11 Allen (l\lass.) 455: Simonds v. Wnil<er, 100 Mass. 113: National Pemherton Rani: v. Lougee. 108 Mass 373, 11 Am. Rep. 367.

Ut summm potestatis regis est posse quantum velit, sic msgniturlinis est wells quantum pnssit. 3 inst 236. As the highest power of a king is to be able to do all he wishes, so the highest greatness of him is to wish all he is able to do.

UTAS. In old English practice. Octave; the octave; the eighth day following any term or feast. Cowell.

UTI-JRINE. Born of the same mother. A uterine brother or sister is one born of the same mother, but by a different father.

UTERO-GESTATION. Pregnancy. UTERQUE. Lat. Both; each. "The justices, being in doubt as to the meaning of this word in an indictment, demanded the

opinions of grammarians, who delivered their