Legal Term Dictionary

L. Fr. Effect; practice. Mis en tire, put in practice; carried into effect Kelham.

L. Fr. Effect; practice. Mis en tire, put in practice; carried into effect Kelham. Less...

Usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be effected thereby, existing at the place where the obligation is to be performed, and either known to the parties, or so well established, general, and uniform that they must be More...

Usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be effected thereby, existing at the place where the obligation is to be performed, and either known to the parties, or so well established, general, and uniform that they must be pre-sumed to have acted with reference thereto. Civ. Code Dak. § 2119. And see Milroy v. Railway Co., 98 Iowa, 188, 67 N. W. 276; Barnard v. Kellogg, 10 Wall. 388, 19 L. Ed. 987; Wilcocks v. Phillips, 29 Fed. Cas. 1203; McCarthy v. McArthur. 69 Ark. 313, 63 S. W. 56; Lincoln & K. Bank v. Page, 9 Mass. 156, 6 Am. Dec. 52: Lane v. Bank, 8 Ind. App. 299, 29 N. E. 613; Morningstar v. Cun¬ningham. 110 Ind. 328, 11 N. E. 593, 59 Am. Rep. 211. This 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. Moveover. a usage is local in all cases, and must be proved; whereas, a custom is frequently general, and as such is noticed without proof. "Usage," in French law, is the "usus" of Roman law, and corresponds very nearly to the tenancy at will or on sufferance of English law. Brown. "Usage," in its most extensive meaning, in-cludes both custom and prescription; but, in its narrower signification, the term refers to a general habit, mode, or course of procedure. A usage differs from a custom, In that it does not require that the usage should be immemorial to establish it; but the usage must be known, certain, uniform, reasonable, and not contrary to law. Lowry v. Read, 3 Brewst. (Pa.) 452. "Usage" is also called a "custom," though the latter word has also another signification; it is a long and uniform practice; applied to habits, modes, and courses of dealing. It relates to modes of action, and does not comprehend the mere adoption of certain peculiar doctrines or rules of law. Dickinson v. Gay, 7 Allen (Mass.) 29, 83 Am. Dec. 656. —General usage. One which prevails generally throughout the country, or is followed generally by a given profession or trade, and is not local in its nature or observance.—Usage of trade. A course of dealing; a mode of conducting transactions of a particular kind, proved by witnesses testifying of its existence, and uniformity from their knowledge obtained by observation of what is practiced by them¬selves and others in the trade to which it relates. Haskins v. Warren, 115 Mass. 535. Less...

In mercantile law. The common period fixed by the usage or custom or habit of dealing between the country where a bill is drawn, and that where it is payables, for the payment of bills of exchange. It means, in some countries, a month, in others two or more months, More...

In mercantile law. The common period fixed by the usage or custom or habit of dealing between the country where a bill is drawn, and that where it is payables, for the payment of bills of exchange. It means, in some countries, a month, in others two or more months, and in others half a month. Story, Bills, 50, 144, 332. Less...

A confidence reposed in another, who was made tenant of the land, or terre-tenant, that he would dispose of the land according to the intention of the cestui que usey or him to whose use it was granted, and suffer him to take the profits. 2 Bl. Comm. 328. A More...

A confidence reposed in another, who was made tenant of the land, or terre-tenant, that he would dispose of the land according to the intention of the cestui que usey or him to whose use it was granted, and suffer him to take the profits. 2 Bl. Comm. 328. A right in one person, called the "cestui que use," to take the profits of land of which another has the legal title and possession, together with the duty of defending the same, and of making estates thereof accord-ing to the direction of the cestui que, use, Bouvier. ' 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 family. Civ. Code La. art. 626. Uses and trusts are not so much different things as different aspects of the same subject.' A use regards principally the beneficial inter¬est; a trust regards principally the nominal ownership. The usage of the two terms is, how-, ever, widely different. The word "use" is emn ployed to denote either an estate vested since the Btatute of uses, and by force of that statute, or to denote such an estate created before that statute as, had it been created since, would have become a legal estate by force of the stat¬ute. The word "trust" is employed since that statute to denote the relation between the party-invested with the legal estate (whether by force, of that statute or independently of it) and the party beneficially entitled, who has hitherto been said to have the equitable estate. Mozley A Whitley. In conveyancing, "use" literally means "benefit;" thus, in an an ordinary assignment of chattels, the assignor transfers the property to the assignee for his "absolute use and benefit" In the expressions "separate use/' "superstitious use/' and "chari¬table 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 dally sustenance. It differs from "usufruct," which is a right not only to use, but to enjoy. 1 Browne, Civil A Adm. Law, 184. —Cestui que use. A person for whose use and benefit lands or tenements are held by another. The latter, before the statute of uses, was called the "feoffee to use," and held the nominal or legal title.—Charitable use. See CHARITABLE.—Contingent 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 marriage shall be had between them. 2 Bl. Comm. 334: Haywood v. Shreve, 44 N. J. Law, 94; Jemison v. Blowers, 5 Barb. (N. Y.) 692.—Executed use. The first use in a conveyance upon which the statute of uses op* erates by bringing the possession to it the com¬bination of which, i. e., the use and the pos¬session, form the legal estate, and thus the statute is said to execute the use. Wharton. —Executory nses. These are springing uses, which confer a legal title answering to an executory devise; as when a limitation to the use of A. in fee is defeasible by a limitation to the use of B«, to arise at a future period, or on a given event—-Feoffee to nses. A person to whom (before the statute of uses) land was conveyed "for the use" of a third person. He held the nominal or legal title, while the third person, called the "cestui que use," was entitled to the beneficial enjoyment of the estate.—Official use. An active use before the statute of uses, which imposed some duty on the legal owner or feoffee to uses; as a conveyance to A. with directions for him to sell the estate and distribute the proceeds among B., C, and D. To enable A. to perform this duty, he had the legal •possession of the estate to be sold. Wharton.— A permissive use, (q. v.) —Permissive use. A passive use which was resorted to before the statute of uses, in order to avoid a harsh 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 B. A. simply held the possession, and B. enjoyed the profits of the estate. Wharton. Resulting use. A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses with¬out any declaration of the use. 2 Washb. Real Prop. 100. A resulting use arises where the legal seisin is transferred, and no use is expressly declared, nor any consideration nor evl-ence of intent to direct the use. The use then remains in the original grantor, for it cannot be supposed that the estate was Intended to be given away, and the statute immediately transfers the legal estate to such resulting use. Wharton.—Secondary use. A use limited to take effect in derogation of a preceding estate, otherwise called a "shifting use," as a convey¬ance to the use of A. and his heirs, with a pro¬viso that, when B. returns from India, then to the use of C. and his heirs. 1 Steph. Comm. 546.—Shifting use. A use which is so limited that it will be made to shift or transfer itself, from one beneficiary to another, upon the oc¬currence of a certain event after its creation. For example, an estate is limited 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 all settlements; and, in marriage settlements, the first use Is always to the owner in fee till the marriage, and then to other uses. The fee remains with the owner un¬til the marriage, and then it $hift$ as uses arise. 4 Kent, Comm. 297.—Springing use. A use limited to arise on a future event where no pre¬ceding use is limited, and which does not take effect in derogation of any other interest than that which results to the grantor, or remains in him in the mean time. 2 Washb. Real Prop. 281; Smith v. Brisson, 90 N. C. 288.—Statnto of uses. An English statute enacted in 1536, (27 Hen. VIII. c. 10,) directed against the prac¬tice of creating uses in lands, and which convert¬ed the purely equitable title of persons entitled to a use into a legal title or absolute ownership with right of possession. The statute is said to "execute the use," that is, it abolishes the inter¬vening estate of the feoffee to uses, and makes the beneficial interest of the cestui que use an absolute legal title.—Superstitions usee. See that title.—Use and occupation. This is the name of an action, being a variety of as¬sumpsit, to be maintained by a landlord against one who has had the occupation and enjoyment of an estate, under a contract to pay therefor, express or implied, but not under such a lease as would support an action specifically for rent. —Use plaintiff. One for whose use (benefit) an action is brought in the name of another. Thus, where the assignee of a chose in action is not allowed to sue in his own name, the ac¬tion would be entitled "A. B. (the assignor) for the Use of C. D. (the assignee) against E. F." In this case, C. D. is called the "use plaintiff." Less...

A person for whose use a suit is brought; otherwise termed the "use plaintiff."

A person for whose use a suit is brought; otherwise termed the "use plaintiff." Less...

By "useful" in the patent law, is meant not an invention in all cases superior to the modes now in use for the same purposes, but "useful," in contradistinction to frivolous and mischievous, inven¬tion. Lowell v. Lewis, 1 Mason, 182, 186, Fed. Cas. No. 8,568. By "useful" is meant such More...

By "useful" in the patent law, is meant not an invention in all cases superior to the modes now in use for the same purposes, but "useful," in contradistinction to frivolous and mischievous, inven¬tion. Lowell v. Lewis, 1 Mason, 182, 186, Fed. Cas. No. 8,568. By "useful" is meant such an invention as may be applied to some beneficial use in society, in contradistinction to an invention which is Injurious to the morals, the health, or the good order of society. Bedford v. Hunt, 1 Mason. 302, Fed. Cas. No. 1,217. Less...

The actual exercise or enjoyment of any right or property. It is particularly used of franchises. —Adverse user. An adverse user is such a use of the property as the owner himself would make, asking no permission, and disre¬garding all other claims to it, so far as they conflict with More...

The actual exercise or enjoyment of any right or property. It is particularly used of franchises. —Adverse user. An adverse user is such a use of the property as the owner himself would make, asking no permission, and disre¬garding all other claims to it, so far as they conflict with this use. Blanchard v. Moulton, 63 Me. 434; Murray v. Scribner, 74 Wis. 602, 43 N. W. 549; Ward v. Warren, 82 N. Y. 265. Less...

L. Fr. In old practice. The pursuing or bringing an action. Cowell.

L. Fr. In old practice. The pursuing or bringing an action. Cowell. Less...

This word is said to be derived from "huissier," and is the name of a subordinate ofllcer in some English courts of law. Archb. Pr. 25.

This word is said to be derived from "huissier," and is the name of a subordinate ofllcer in some English courts of law. Archb. Pr. 25. Less...

The gentleman usher of the black rod is an of¬ficer of the house of lords appointed by lletters patent from tbe crown. His duties are, by himself or deputy, to desire the attendance of the commons in the house of peers when the royal assent is given to bills, either More...

The gentleman usher of the black rod is an of¬ficer of the house of lords appointed by lletters patent from tbe crown. His duties are, by himself or deputy, to desire the attendance of the commons in the house of peers when the royal assent is given to bills, either by the king in person or by commission, to execute orders for the commitment of persons guilty of breach of privilege, and also to assist in the introduction of peers when they take the oaths and their seats. Brown. Less...