USURPATIO is sometimes used by the Roman jurists in the sense of interruption of Usucapio. But the verb " usurpo" and itsderivs tives are commonly used in the sense of " using," or " in any way that is suitable to the character of the object used or em ployed. The participle " usurpatus" sometimes signifies the acquisi tion of a right by use : thus " uaurpatam mulierein " (according to the ordinary reading in Genius, iii. 2) means a woman who had come of a corporate charity, a visitorial jurisdiction arises of common right to the founder and his heirs, whether be be the king or a private person, or to those whom the founder has appointed for that purpose; and the office of visitor is to determine the differencea of the members of the society, and to superintend generally the government of the body, in accordance with the statutes originally propounded by the founder. With this visitorial power the Court of Chancery has nothing to do, its right of interference being confined entirely to the administration of the property. When the charity is of royal foundation, the visitorial
power of the king is exercised by the lord chancellor as Ids repre sentative; and even where the founder of the charity was a private person, if he has made no appointment of a visitor, and if his heir cannot be discovered, or has become lunatic, the visitorial power, rather than that the charity should not be visited at all, results to the crown, and, as in the case of royal foundations, is exercised by the lord chancellor. The mode of application in these cases is not by way of information, but by petition addressed to the Great Seal.
Certain restrictions have been put upon the power of making gifts of property to charitable uses by the 9th of Geo. H., e. 3a, commonly, though improperly, called the Mortmain Act. By it devises of land and bequests of money to be laid out on land or in any interest in land are declared void. For an explanation of the provisions of this act, see MORTMAtN.