USE. A use at common law was a beneficial interest in land, dis tinct 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, distinct from the substance of the thing itself, and which was called in that law the Pei commissio. 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 their own tenants, suffering recoveries, purchasing lands round the church, and making them churchyards by bull from the pope, at last invented this way of conveying lands to others to their own use ; and this being properly matter of equity, it met with a very favourable construction from the judges of the chancery court, who were in those days commonly clergymen. Thus this way of settlement began ; but it more gene rally prevailed among all ranks and conditions of men by reason of the civil commotion% between the houses of York and Lancaster, to secrete their possessions, and to preserve them to their issue, notwithstanding attainders; and hence began the limitation of uses with power of revocation." But whatever may have been the origin of uses, it is certain that the desire of effecting frequent and secret transfers of property without resorting to the simple and public modes of con veyance of the common law, as well as the natural desire to dispose of property by devise, which the common law did not allow, led to an early adoption of the system.
The system of uses having been found to produce many incon veniences, notwithstanding the 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, transferring uses into possession. With this view the statute of 27 Hen. VIII., c. 10, commonly called the Statute of Uses, was passed, which enacted, that where any person or persons stood or were seised, or at anytime thereafter should happen to be seised of any honours or other hereditaments 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 reverter, should from thenceforth stand and be seised, deemed, and adjudged in lawful seisin, estate, and possession of, and in the same honours and hereditaments 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 person or persons, or of any body politic, should be from thenceforth clearly deemed and adjudged to be in him or them that had or should have such use, confidence, 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.
It has been questioned whether or not the legislature intended by this act to put an end to the system of uses ; nevertheless it was soon settled that it had not that effect, but that uses might still as formerly be raised, upon which the statute would instantly operate. However, some modifications of the system were introduced. Before the statute a mere agreement for sale, without words of inheritance, was sufficient to pass the equitable fee to the vendee ; but by the 27 Hen. VIII., c. 16, it was enacted that no contract should transfer the legal estate in the fee, unless it were made by deed enrolled. And it was resolved by the judges that words of inheritance were necessary to pass the fee at law. Indeed no contract importing a future con veyance, even though made by deed enrolled, and containing words of inheritance, would now be held to transfer the legal estate under the Statute of Uses, though it would entitle the vendee in equity to call for a regular conveyance. A further modification of the system of uses was introduced by the seventh section• of the Statute of Frauds (29 Car. II., e. 3), which required that all declarations of trusts or con fidences of lands, tenements, or hereditaments (which might formerly have been created by parol), should be manifested and proved by writing, signed by the party by whom it is declared.