USAGES. [Cusvoses; Paxecturriox.] USANCE. [EXCHANGE, BILL or.] USE. A use, at common law, was a beneficial interest in land, distinct from the legal property therein. The origin of uses is derived by Gilbert (Law of Uses, 3) from a title under the civil law, Which allows of an usufructuary interest, Iistinct from the ownership of the thing ;self. He says it was introduced by the clergy, who were masters of the civil law, and who, " when they were prohibited from taking anything in mortmain, after several evasions by purchasing lands of theft own tenants, suffering recoveries, purchasing lands round the church and making them churchyards by bull from the pope, at last invented this way of con veying lands to others to their own use; and this being properly matter of equity, it met with a very favourable construc tion from the judge of the Chancery court, who was in those days commonly a clergyman. Thus this way of settle ment began ; but it more generally pre vailed among all ranks and conditions of men by reason of the civil commotion between the houses of York and Lancas ter, to secrete the possessions, and to pre serve them to their issue, notwithstanding attainders ; and hence began the limita tion of uses with power of revocation." [Moreruanc] But whatever may have been the origin of uses, it is certain that the desire of effecting secret transfers of property without resorting to the public modes of conveyance of the common law, as well as the desire to dispose of property by devise, which the common law did not allow, led to an early adoption of the system.
The person who was entitled to the use was called the cestui que use. He had no means of maintaining his title to the use except by the writ of subpmna, whereby the person who had the legal estate in the land, the feoffee to uses, was bound to appear in Chancery, and was compelled to answer upon oath as to the confidence reposed in him.
A use was descendible, according to the rules of the common law respecting estates of inheritance ; the courts of equity having in this case followed the maxim that aquitas sequitur &gem. It was also alienable by deed, and devisable before the statute of wills, the courts of equity having favoured this method of evading the strictness of the common law, which allowed no transfer of land with out livery of seisin. But the cestui que
use had no legal ownership. The feoffee was still complete owner of the land at law. He performed the feudal duties, his wife had dower, and his estate was subject to wardship, relief, &c. He might sell the lands, and forfeit them for treason or felony.
The system of uses having been found to produce many inconveniences, notwith standing various statutes which had been passed from time to time to modify them, it was thought a remedy would be found by joining the possession to the use, or, as it is usually termed, transfer ring uses into possession. With this view the statute of 27 Hen. VIII. c. 10, com monly called the Statute of Uses, was passed, which enacted, that where any person or persons stood or were seised, or at any time thereafter should happen to be seised of any honours or other heredita ments to the use, confidence, or trust of any other person or persons, or of any body politic, by any manner of means whatsoever, it should be, that in every such case all such person and persons, and bodies politic, that had, or thereafter should have, any such use, confidence, or trust, in fee simple, fee tail for term of life, or for years or otherwise, or any use confidence, or trust, in remainder or re verter, should, from thenceforth, stand and be seised, deemed, and adjudged in lawful seisin, estate, and possession of, and in the same honours and heredita ments with their appurtenances, to all intents, constructions, and purposes in the law, and in all such like estates as they had or should have in use, trust, or confidence of or in the same ; and that the estate, title, right, and possession that was in such person or persons that were or thereafter should be seised of any lands, tenements, or hereditaments, to the use, confidence, or trust of any such per son or persons, or of any body politic, should be from thenceforth clearly deem ed and adjudged to be in him or them that had or should have such use, confid ence, or trust, after such quality, manner, form, and condition as they had before in or to the use, confidence, or trust that was in them.