USE

A confidence reposed in another, who was made tenant of the land, or terre- tenant, that he would dispose of the land ac- cording to the intention of the cestui que 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, called the "cestui que use," to take the profits of land of which another has the legal title and possession, to- gether with the duty of defending the same, and of making estates thereof according 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

certain, uniform, reasonable, and not contrary to law. red v. Read, 3 Brewst. (Pa.) 452. “Usage” is also called a “custom,” though the latter word has also another signification; it is a jong 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.) , 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 themselves and others jn the trade to which it relates. Haskins v. Warren, 115 Mass. 535. A confidence reposed in another, who was made tenant of the land, or terretenant, that he would dispose of the land according to the intention of the cestui que 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, called the “cestut 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 according to the direction of the cestui que use, Bouvier. ° Use is the right given to any one to make a gratuitous tse of a thing belonging to another, 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 truste are not so much different things as different aspects of the same subject. A use regards principally the beneficial interest; a trust regards principally the nomina) abate The usage of the two terms is, however, widely different. The word “use” is em; ployed 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 it 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 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 & 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 “charitable use,” “use” has the same meaning. Sweet. In the civil law. A right of receiving 30 much of the natural profits of a thing as is necessary to daily sustenance. It differs from “usufruct,” which is a right not only to use, but to enjoy. 1 Browne, Civil & 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—Oharitable use. See CHABITABLE.—OContingent 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 Bi. Comm. > Haywood y. Shreve, 44 N. J. Law, 94; Jemison v. Blowers, 3 Barb. (N. Y.) 692.—Executed use. The first use in a conveyance upon which the statute of uses operates by bringing the possession to it, the combination of which, é. e., the use and the possession, form the legal] estate, and thus the statute is said to execute the use. Wharton. —Executory uses. These are springing uses, which confer a legai title answering to an executory devise; as when a limitation to the use of 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 uses. <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.—Ofcial 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.—Passive use. <A permissive use, (g. 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 conveyance 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 b eauity for the benefit of a feoffor who has made a voluntary conveyance to uses without any declaration of the use. 2 Washb. Real Prop. 100. A _ resulting use arises where the legal seisin is transferred, and no use is exLise declared, nor any consideration nor evience 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 conveyance to the use of A. and his heirs, with a proviso 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 occurrence 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. 8038; 2 BI. Comm. 335. These shifting uses are common in all settlements; and,

SEPARATE ESTATE, (as applied to partnership in bankrupt law, defined). 11 Bankr. Reg. 221. (of married woman, defined). 24 Pa. St. 429. (of married woman who becomes discovert). 3 Whart. (Pa.) 62. (power of married woman over). 5 Paige (N. Y.) 581; 2 Whart. (Pa.) 11; 3 Id. 48; 3 Desaus. (S. C.) 447; 8 Wheel. Am. C. L. 299. (in a statute). 30 Ala. 642; 41 Id. 571; 89 III. 11. (1314) Us, (in a warrant of attorney). 3 Halst. etymologically and historically distinct. (N. J.) 336; 1 Chit. 322. USAGE is a uniformity of conduct on the part of two or more persons in respect to certain matters of common interest. Hence Coke says, in speaking of custom and prescription, "as for usage, that is the efficient cause or rather the life of both; for custom and prescription lose their being, if usage fail." (Co. Copyh. & 33. See CUSTOM; PRESCRIPTION.) As to usages of trade, see CUSTOM, 28 8, 9. 482. USAGE, (defined). 12 Pet. (U. S.) 445; 3 Brewst. (P (Pa.) 452. (what constitutes). 15 Wend. (N. Y.) (what is evidence of). 7 Mass. 36, 40; 22 Wend. (N. Y.) 215, 223. (not admissible to control a deed). 15 Wend. (N. Y.) 561. (is admissible to explain an ancient grant). 16 Johns. (N. Y.) 23. (cannot alter law). 7 Pet. (U. S.) 15; 10 Mass. 26, 27; 2 Johns. (N. Y.) 335; 12 Wend. (N. Y.) 566, 577; 4 Rawle (Pa.) 195; 3 Watts (Pa.) 178. (effect upon contracts). 10 Otto (U. S.) 195; 13 Id. 155; 9 Wheat. (U. S.) 592; 7 Allen (Mass.) 29; 5 Pick. (Mass.) 15; 1 Hall (N. Y.) 619; 7 Johns. (N. Y.) 385; 3 Wheel. Am. C. L. 394; 6 Id. 200. USAGE, MERCANTILE, (as to bill of exchange). 87 111. 102. USAGE OF TRADE, (defined). 1 Hall (N. Y.) 522. & P. 59. (what constitutes). Holt 412, 414. (what is not). 1 Car. & P. 392. (must be certain and uniform). 1 Car. USAGE, REASONABLE, (what is). 1 Brod. & B. 224. USANCE signifies the time in which all bills of exchange between one country and another were formerly payable. The time varied for different countries. Thus, a usance between England and Venice being three calendar months, a bill drawn on Venice at two usances and dated the 1st January, would fall due on the 1st July, subject to the allowance of days of grace. (Sm. Merc. Law 247; Byles Bills 78.) The practice of drawing bills at usances seems to be quite obsolete, the same result being attained by specifying the time for which the bill is to run, but the term "usance" is still employed to signify the period for which bills on a foreign country are by the practice of merchants almost invariably drawn; thus, the usance of bills on India is six months. There are two words "use" in law, which, though spelled alike, are *Shep. Touch. 501; Littleton (2383) mentions a case where an executor took the profits of his testator's lands to his own use, instead of It is of importance to distinguish clearly between them. ? 1. "Use"-"Employment." - In law, as in ordinary language, "use" denotes the act of employing a thing; thus, to cultivate land, to read a book, to inhabit a house, is to use those things. 2. In the case of corporeal things, use is one of the modes of exercising ownership. (See OWNERSHIP; USE AND OCCUPATION.) In the case of incorporeal things, use is a mode of acquiring and retaining certain rights. (See ENJOYMENT.) Thus, if A. publicly makes use of his name or of some peculiar word or token (not being a trade-mark in the strict sense) in connection with his trade or occupation, he acquires the right to prevent other persons from using that name, word or token in such a way as to induce the public to believe that their business is carried on by A., and loses that right so soon as he discontinues the use. (Lud. & Jenk. 65, 66.) In the case of trade-marks falling within the English Trade-marks Registration Acts, registration is substituted for public user as a mode of acquiring title. See TRADEMARK; also, PATENT RIGHT; PUBLICI JURIS. 3. "Use"- "Benefit." -In conveyancing, "use" literally means "benefit;" thus, in 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 "charitable use" (q. v.), use has the same meaning. More often, however, "use" has a technical meaning which can only be explained historically. 4. Uses of land before the Statute of Uses. Before the year 1536, if one man (A.) conveyed land by feoffment (then almost the only mode of conveyance) to another (B.), with the intention, express or implied, that B. should not hold it for his own benefit, but for the third person (C., or of A. himself; benefit of a see as to "resulting uses," infra, & 10,) then B. was said to hold the land "to the use," i. e. for the benefit of C. In the courts of common law the feoffee to uses (B.) was looked upon as the owner of the land for almost all purposes, the seisin or legal estate being in him. In the Court of Chancery, on the other hand, he was looked upon as merely the nominal owner; he was bound to allow the cestui que use (C.) to have applying them to the use of the dead (al use le mort) by distributing the money for his soul. (1315) the profits and benefit of the land and to deal with it as he pleased. C. was therefore the equitable or beneficial owner of the land. The "use" or beneficial ownership was treated like an estate, and descended on the intestacy of the cestui que use to his heir in the same way as the land would have done. A use was also devisable by will, although the land was not. a 25. The effect of a conveyance to uses was two-fold. First, it enabled interests in land to be created and transferred with flexibility and secrecy unknown to the common law; this effect of uses still exists (infra, & 11 et seq.) Secondly, it enabled the owners of land to evade certain inconvenient incidents of common law ownerexecuted, and therefore the legal estate remains in A. Hence uses are of two kinds, uses at common law, or those which remain unaffected by the statute, and uses which operate under the statute. 28. Uses at common law. -Uses at common law include (1) all uses of leasehold and copyhold land and chattels, and (2) uses of freehold land or other hereditaments which are not executed by the statute because they are either "uses on uses " ship, especially escheats, forfeitures and other feudal obligations. After several attempts to or active uses. A use at common law is prevent these effects by various acts of parliament, the statute known as the Statute of Uses was passed (27 Hen. VIII. c. 10). This statute in effect enacts that where any person is seised of any lands or other hereditaments to the use, confidence or trust of another, the latter shall be in lawful seisin, estate and possession of the lands for the same estate as he had in the use, and that the estate of the feoffee to uses shall be deemed to be in the cestui que use. The effect of this act was to convert uses into possession, or to make the cestui que use legal instead of equitable owner. The result is that if since the passing of this statute land is conveyed to A. and his heirs to the use of B. and his heirs, so that A. acquires the seisin of the land, then the statute is said to execute the use by turning it into a legal estate; the seisin passes out of A. and vests in B., who thus becomes legal owner of the land in fee-simple. (See SCINTILLA JURIS.) All'estates which before the statute would have been good in equity and to which the statute applies are, since the statute, good estates in law. 2. 6. Exceptions from statute. - It will be observed that the statute only applies to cases where one person is seised of land or other hereditaments to the use of another. If, therefore, A. is possessed of a term of years or a chattel, or is in quasi-seisin of copyhold land (all of which are incapable of true seisin), to the use of B., the statute does not execute this use, and the legal estate remains in A. now seldom created under that name, almost the only instance being where a copyhold tenant surrenders his land to the lord to the use of some other person; here the lord is merely a trustee or instrument for carrying the intended alienation into effect. (2 Davids. Conv. 201; Wats. Comp. Eq. 923.) When lands or chattels are conveyed to a person to be held by him for the benefit of another, the word "trust" is now always used. "Use" was employed in the sense of "trust" in Shakspear's time, Merchant of Venice, iv. 1, line 383. See TRUST. 29. Under the Statute. - Uses which operate under the statute are those declared of land held by a freehold tenure for an estate of freehold, or of rents, services and most other hereditaments. Except those of which the enjoyment is inseparable from the possession: such as easements and profits à prender. are of the following kinds: They 10. Express-Implied-Resulting. -If A. conveys land to B. and his heirs to the use of C. for life, without more, then the land veste in C. for an estate for life, and the reversion in fee after C.'s estate results or returns to A., because it is not otherwise disposed of. Here the use to B. is an express use, and the use to A. is an implied or resulting use. 7. The statute also does not execute a second use, or a "use upon a use," nor does it execute active uses, or uses which impose some active duty on the grantee. If, therefore, land is conveyed to A. to the use of B. to the use of C. (which is a use upon a use), only the first use is executed; B. becomes seised of the land in accordance with the statute, but he holds it to the use of C. as if the statute had never been passed. Again, if land is conveyed to A. to the use (or upon trust) to pay over 12. Springing.-A springing use is the rents and profits to B., this use is not one which is limited so as to commence 11. Executed - Executory. - An executed use is one which takes effect immediately, as where land is conveyed to A. and his heirs to the use of B. and his heirs. An executory use is one which is to take effect at some future time. Executory uses are of four kinds. (1316) in futuro, independently of any preceding estate; as where land is conveyed to A. and his heirs to the use of B. and his heirs, from to-morrow or on the death of C. Such a use does not take effect in derogation of any estate except that which results to the grantor or remains in him in the meantime. 13. Shifting.-- A shifting or secondary use is one which is limited so as to shift from one person to another on the happening of a given event; in other words, such a use takes effect in derogation of a preceding use; as where land is conveyed to A. and his heirs to the use of B. and his heirs, with a proviso that when C. returns from Rome the land shall be to the use of C. and his heirs. See EXECUTORY INTERESTS; LIMITATION, § 5. 14. Under powers. Uses may be limited or declared under powers. See POWER, & 7. 15. Future, or contingent.-Future or contingent uses are those which are limited to take effect as remainders. Thus, if land is conveyed to A. and his heirs to the use of B. (a bachelor) for life, and after his death to his eldest son, this is a contingent use. after the 31st of December, 1881, freehold land, or a thing in action, may be conveyed by a person to himself jointly with another person, by the like means by which it might be conveyed by him to another person, and may be similarly conveyed by a husband to his wife, and by a wife to her husband, alone or jointly with another person. Conveyancing Act, 1881, 250. 17. Easements, privileges, &c.- Formerly, a thing could not be granted by way of use if the enjoyment of it was inseparable from the possession, such as annuities, ways, commons and authorities. (2 Bl. Com. 330.) Hence, where land was sold subject to an express reservation or exception of such rights, privileges or easements, the object had to be attained either by a regrant, or by a declaration that the land should remain to such uses as should give full effect to the reservation or exception, and (subject thereto) to the uses declared to vest the land in the purchaser. (Dart Vend. 506.) In conveyances made in England after December 31st, 1881, a limitation of freehold land to the use that a person may have an easement, right, liberty, or privilege over the land will operate to vest in possession in that person the easement, &c., so limited to him. Conveyancing Act, 1881, s. 62. 398. USE, (defined). Kirby (Conn.) 145; 20 Ind. (what is). 50 N. H. 491. (stock pledged). 1 Sweeny (N. Y.) (in a will). 22 Pick. (Mass.) 299, 304; 38 Mich. 402; 4 Watts (Pa.) 130. USE AND BEHOOF, (in an agreement). Dyer 49 b. USE AND BENEFIT, (in a will). 68 Me. 133. Paying THEREOUT. Paying YEARLY and every year. Pecuniary LEGACY. Perfect WAR. Peril of the SEA. Perpetual EASEMENT. Perpetual RENEWAL. Person of cOLOR. Personal and landed ESTATE. Personal and landed ESTATES. Personal CHATTEL. Personal CHATTELS. Personal ESTATE. Not PRODUCING. Not to CONTINUE his suit. Personal ESTATES. Not to DEPART until discharged. Personal GOODS. Not to PROCEED. Personal LABOR. Notice of INSOLVENCY. Personal PROPERTY. Notorious POSSESSION. Personal SECURITY. Now in the OCCUPATION of A. Personal STATUTE. Now SO PAID. Personal VIOLENCE. Nuncupative WILL. Philadelphia FUNDS Pleading ISSUABLY. Of full AGE. Plunder and STEAL. Of the BLOOD. Poor RELATIONS. Of the COUNTY. Poorest RELATIONS. Male HEIR. Male HEIRS. Marked LINE. Market PRICE. Marriage in DISPARAGEMENT. Measure of DAMAGE. Mechanical TOOLS. Mechanics' LIEN. Member of FAMILY. Menial SERVANTS. Mercantile USAGE. Military DEPARTMENTS. Of the residue of testator's Power of ATTORNEY.

The act of employing anything, or of applying it to one's service; the state of being so employed or applied; application; employment; conversion to some purpose; as, the use of a pen in writing; his machines are in general use. Books can never teach the use of books. Bacon. This Davy serves you for good uses. Shak. When he framed All things to man's delightful use. Milton. Occasion or need to employ; necessity; as, to have no further use for a book. Shak. Yielding of service; advantage derived; capability of being used; usefulness; utility. God made two great lights, great for their use To man. Milton. 'T is use alone that sanctifies expense. Pope. Continued or repeated practice; customary employment; usage; custom; manner; habit. Let later age that noble use envy. Spenser. How weary, stale, flat and unprofitable, Seem to me all the uses of this world! Shak. Common occurrence; ordinary experience. [R.] O Cæsar! these things are beyond all use. Shak. The special form of ritual adopted for use in any diocese; as, the Sarum, or Canterbury, use; the Hereford use; the York use; the Roman use; etc. From henceforth all the whole realm shall have but one use. Pref. to Book of Common Prayer. The premium paid for the possession and employment of borrowed money; interest; usury. [Obs.] Thou art more obliged to pay duty and tribute, use and principal, to him. Jer. Taylor. The benefit or profit of lands and tenements. Use imports a trust and confidence reposed in a man for the holding of lands. He to whose use or benefit the trust is intended shall enjoy the profits. An estate is granted and limited to A for the use of B. A stab of iron welded to the side of a forging, as a shaft, near the end, and afterward drawn down, by hammering, so as to lengthen the forging. Contingent, or Springing, use (Law), a use to come into operation on a future uncertain event. -- In use. (a) In employment; in customary practice observance. (b) In heat; -- said especially of mares. J. H. Walsh. -- Of no use, useless; of no advantage. -- Of use, useful; of advantage; profitable. -- Out of use, not in employment. -- Resulting use (Law), a use, which, being limited by the deed, expires or can not vest, and results or returns to him who raised it, after such expiration. -- Secondary, or Shifting, use, a use which, though executed, may change from one to another by circumstances. Blackstone. -- Statute of uses (Eng. Law), the stat. 27 Henry VIII., cap. 10, which transfers uses into possession, or which unites the use and possession. -- To make use of, To put to use, to employ; to derive service from; to use.

To make use of; to convert to one's service; to avail one's self of; to employ; to put a purpose; as, to use a plow; to use a chair; to use time; to use flour for food; to use water for irrigation. Launcelot Gobbo, use your legs. Shak. Some other means I have which may be used. Milton. To behave toward; to act with regard to; to treat; as, to use a beast cruelly. "I will use him well." Shak. How wouldst thou use me now Milton. Cato has used me ill. Addison. To practice customarily; to make a practice of; as, to use diligence in business. Use hospitality one to another. 1 Pet. iv. 9. To accustom; to habituate; to render familiar by practice; to inure; -- employed chiefly in the passive participle; as, men used to cold and hunger; soldiers used to hardships and danger. I am so used in the fire to blow. Chaucer. Thou with thy compeers, Used to the yoke, draw'st his triumphant wheels. Milton. To use one's self, to behave. [Obs.] "Pray, forgive me, if I have used myself unmannerly." Shak. -- To use up. (a) To consume or exhaust by using; to leave nothing of; as, to use up the supplies. (b) To exhaust; to tire out; to leave no capacity of force or use in; to overthrow; as, he was used up by fatigue. [Colloq.]

To be wont or accustomed; to be in the habit or practice; as, he used to ride daily; -- now disused in the present tense, perhaps because of the similarity in sound, between "use to," and "used to." They use to place him that shall be their captain on a stone. Spenser. Fears use to be represented in an imaginary. Bacon. Thus we use to say, it is the room that smokes, when indeed it is the fire in the room. South. Now Moses used to take the tent and to pitch it without the camp. Ex. xxxiii. 7 (Rev. Ver.) To be accustomed to go; to frequent; to inhabit; to dwell; -- sometimes followed by of. [Obs.] "Where never foot did use." Spenser. He useth every day to a merchant's house. B. Jonson. Ye valleys low, where the mild whispers use Of shades, and wanton winds, and gushing brooks. Milton.

The act of using. | The act of consuming alcohol or narcotics. | Usefulness, benefit. | A function; a purpose for which something may be employed. | Occasion or need to employ; necessity. | Interest for lent money; premium paid for the use of something; usury. | Continued or repeated practice; usage; habit. | Common occurrence; ordinary experience. | A special form of a rite adopted for use in a particular context, often a diocese. | A slab of iron welded to the side of a forging, such as a shaft, near the end, and afterward drawn down, by hammering, so as to lengthen the forging.

To utilize or employ. | To employ; to apply; to utilize. | To utilize or employ. | To expend; to consume by employing. | To utilize or employ. | To exploit. | To utilize or employ. | To consume (alcohol, drugs, etc), especially regularly. | To utilize or employ. | To consume a previously specified substance, especially a drug to which one is addicted. | To utilize or employ. | To benefit from; to be able to employ or stand. | To utilize or employ. | To suggest or request that other people employ a specific set of gender pronouns when referring to the subject. | To accustom; to habituate. (Now common only in participial form. Uses the same pronunciation as the noun; see usage notes.) | To accustom; to habituate. (Now common only in participial form. Uses the same pronunciation as the noun; see usage notes.) | To accustom oneself. | To habitually do; to be wont to do. (Now chiefly in past-tense forms; see used to.) | To behave toward; to act with regard to; to treat. | To behave, act, comport oneself.