513 



URSULINES. 



USE. 



611 



principal star in Ursa Minor, which has seven stars placed together in 

 a manner very much resembling Ursa Major, the Pole star being the 

 corner of the triangle which is farthest from the quadrangle. 



The common people of most countries call the seven stars of the 

 Great Bear by the name of "the waggon," sometimes by that of 

 " the plough." Aratus says that both the bears were called waggons 

 by the Greeks; and 'Charles's Wain' is familiar to all our readers. 

 The later stories of Grecian mythology are hardly worth recording : 

 the nymph Calisto was transformed by Diana into the Great Bear for 

 an amour with Jupiter ; while the Lesser Bear is Cynosura [CYNOSURE] , 

 one of the nymphs who nur&ed Jupiter. 



The following are the principal stars in these constellations : 



URSA MAJOR. 



Character. 

 i 

 h 



e 



.< 

 7 



u 



6 



C 



17 



Character. 



No. in Catalogue 

 of Flamstced. 



9 



23 

 25 

 29 

 33 

 34 

 48 

 50 

 52 



r,3 



54 

 63 

 64 

 69 

 77 

 79 

 85 



No. in Catalogue 



of British 

 Association. 



3048 

 3221 

 3242 

 3346 

 3305 

 3533 

 3767 

 3777 

 3812 

 3851 

 3852 

 3981 

 4017 

 4123 

 4335 

 4532 

 4607 



Magnitude. 

 4 

 4 

 34 



34 

 3 

 2 

 1| 



34 



4 



4 

 2 



URSA MINOR. 



No. in Catalogue 

 of Flamstecd. 



1 



5 



7 



13 

 16 

 22 

 23 



No. in Catalogue 



of British 



Association. 



360 



4822 



4936 



5094 



5285 



5780 



6281 



Magnitude. 

 3 

 4 

 3 

 3 

 4 

 4 

 3 



URSULINES, an order of nuns in the Roman Catholic church, 

 founded about the year 1537, by Angela Merici, commonly called 

 Angela of Brescia, who was born in 1511, at Desenzano, on the Lago 

 di Garcia, and died at Brescia, March 21, 1540. The institution was 

 formally approved of and confirmed by Pope Paul III., in 1544, and it 

 was upon this occasion that the name of Ursulines was given to the 

 order, after the famous British Saint Ursula. The order of the Ursu- 

 lines was designed mainly for the succour of poverty and sickness, and 

 for the education of the young ; and wherever it was established the 

 nuns principally devoted themselves to these services, in rendering 

 which they mixed freely with the world, much in the same manner as 

 the members of the various orders of charity have always been accus- 

 tomed to do. At first indeed they neither bound themselves by the 

 usual irrevocable vows, nor even lived together in communities ; and 

 there appear to have been always some members of the order who 

 continued to reside with their families or by themselves at their own 

 houses. In course of time, however, the Ursulines, like the other 

 religious orders, came for the most part to be distributed in monasteries, 

 especially in France, where they chiefly flourished. 



['KYLE. [URiL.] 



USANCE. [BILL OF EXCHANGE.] 



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 fidci commimo. He 

 nays 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 commotions 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 18 



ARTS ASD SCI. DIV. VOL. \TII. 



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 uot allow, led to 

 an early adoption of the system. 



The system of uses having been found to prodiice 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, tenem'ents, 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 hi 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., c. 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 aud proved by 

 writing, signed by the party by whom it is declared. 



In order to raise a use which the statute will turn into a possession, 

 it is necessary that there should be, 1st, one person seised to the use 

 of another, in ease ; 2nd, a use in eae, limited hi possession, reversion, 

 or remainder. The use may be either exprtst, as where lands are 

 conveyed to A and his heirs, in trust for B and his heirs, or in con- 

 fidence that he and they shall take the profits, or where a vendee, for 

 a valuable consideration, conveys by bargain and sale enrolled, in both 

 which cases the legal estate vests in the grantee or bargainee by the 

 statute ; or it may be implied, as where a feoffment is made without 

 consideration or declaration of the use, in which case the use results, 

 aud the estate returns to the grantor. 



It was settled by the courts of law that the statute "could not 

 operate except upon an estate of freehold, aud that therefore 

 copyhold and leasehold estates are not affected by it. A term of 

 years may of course be created out of a freehold estate by way of 

 use, but when once subsisting cannot be conveyed to uses. If, there- 

 fore, a term were assigned to A to the use of B, the legal estate 

 would remain in A, who however would be considered in equity as a 

 trustee for B. 



By the operation of the Statute of Uses, a man may, through the 

 medium of a feoffee or releasee, make a conveyance to his wife, which 

 he could not do at common law (Litt., s. 168 ; Co. Litt., 112 a.). In like 

 manner a married woman, having a power, namely, a right to limit a 

 use, may appoint to her husband. 



At common law a man could not limit a remainder to himself, nor 

 could he limit it to his heirs so as to make them take as purchasers, 

 without departing with the whole fee simple out of his person (Dyer, 

 156 a, fol. 24 ; Co. Litt., 22 b.), but he may do so by means of a con- 

 veyance operating under the statute. 



It is a rule of the common law that joint tenants cannot take at 

 different periods. (1 Co., 100, b. 2.) Again, by its rules, a fee could 

 not be limited upon a fee ; a freehold could not be made to commence 

 in fuluro, and an estate could not be made to cease by matter ex post 

 facto, so as to let in another limitation before the expiration of the 

 former. [REMAINDER.] But limitations of the above kinds may be 

 made to take effect under the Statute of Uses. Such limitations are 



L L 



