SPRINGING USE. A use limited to arise on a future event where no preceding 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 meantime. Gilbert, Uses, Sugden ed. 153, n.; 2 Crahb, R. P. 498.
A future use, either vested or contingent, limited to arise without any preceding lim itation. Cornish, Uses 91.
It differs from a remainder in not requir ing any other particular estate to sustain it than the use resulting to the one who creates it, intermediate between its creation and the subsequent taking effect of the springing use; Dy. 274 ; Pollexf. 65; McIntyre v. William son 1 Edw. Ch. (N. Y.) 34; 4 Drur. & W. 27; Proprietors of Shapleigh v. Pilsbury, 1 Greenl. (Me.) 271. It differs from an execu tory devise in that a devise-is created by will, a use by deed ; Fearne, Cont. Rem. 385, Butler's note; Wilsofi, Uses. It differs from a shifting use, though often confounded with. See, generally, 2 Washb. R. P. *281.
SPY. The chief rules of international law with regard to spies are embodied in Arts. 29-31 of the Convention Concerning the Laws and Customs of War on Land.
"A person can only be considered a spy when, acting clandestinely or on false pre tences, he obtains, or endeavors to obtain, in formation in the zone of operations of a bel ligerent, with the intention of communicating it to the hostile party.
"Thus, soldiers not wearing a disguise, who have penetrated into the zone of operations of the hostile army, for the purpose of ob taining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, intrusted with the de livery of dispatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying dispatches and, generally, of maintaining communications be tween the different parts of an army or a territory: "A spy taken in the act shall not be punish ed without previous trial.
"A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage." It is still an unsettled question whether balloonists sent out to gain information are to be regarded as spies; and with the advent of airships which will probably be largely used for reconnaissance purposes, the ques tion of the status of those using them for such purposes will, before long, demand a settlement. Spaight, War Rights on Land, 202-215.