u s u 



USUBIS, in Botany, a name of Burmann's. See 



ScHMrOELIA 



USUCAPTION, Ufucaptio, in the Civil Laiv, is an 

 acquifition of the property of a thing by a poffeffion and 

 enjoyment of it for a certain term of years prefcribed 

 by law. 



Some make a difference between prefcription and 

 ufucaption ; maintaining that the latter is only ufed with 

 regard to moveables, and the former with regard to im- 

 moTeables. But tliere is no effential difference between 

 them ; and, accordingly, prefcription and ufucaption are 

 generally held fynonyma. 



Ufucaption denotes the acquifition of domain founded 

 on a long poffeffion uninterrupted and undifputed, or on an 

 acquifition folely proved by this poffeffion. Wolf defines 

 it, an acquifition of domain founded on a prefumed de- 

 fertion ; by which definition he explains the manner in 

 which a long and peaceable poffeffion may ferve to efta- 

 blifh the acquifition of domain. Modeftinus fays, in con- 

 formity to the principles of the Roman law, that ufucaption 

 is the acquifition of domain from a continued pofft-ffion, 

 during a time expreffed by the law. Thefe three defini- 

 tions, fays Vattel, are not incompatible with each other. 

 Prefcription is the exclufion of all pretenfions to a right 

 founded on the length of time during which it has been 

 neglefted ; or, as Wolf defines it, the lofs of a proper 

 right in virtue of a prefumed confent : this definition is al- 

 lowed by Vattel to be juft ; that is, to explain how a long 

 negleft of a right occafions its being loff ; and it agrees 

 with the nominal definition which he has given, and in 

 which he explains what is commonly underllood by this 

 term. Ufucaption, however, is a term little ufed ; pre- 

 fcription being adopted in lieu of it. Many celebrated 

 authors (Grotius, Puffendorf, and Wolfius) have afferled 

 and proved, that ufucaption and prefcription are derived 

 from the law of nature ; and Vattel has inveffigated and 

 ellabliflied this point, which fome others have difpnted. 

 Nature, fays this excellent writer, has not herfelf eftablillied 

 property with refpedt to wealth, and in particular with 

 regard to lands : (lie only approves this introduflion, for 

 the advantage of the human race. It would therefore be 

 abfurd to fay, that dom.ain and property being or.ce ella- 

 bhflied, the law of nature can fecure to a proprietor any 

 right capable of introducing diforder into human fociety. 

 Far from giving fuch a right, the law of nature prefcribes 

 to the proprietor the care of what belongs to him, and lays 

 him under an oUigation to make known his right, that 

 others may not be led into an error : for nature does not 

 approve his property, and only fecures it to him on thofe 

 conditions. If he neglefts this for a time long enough not 

 to be admitted to reclaim it, without endangering the rights 

 of others, the law of nature will not permit him to reclaim 

 it. Why does the law of nature order all to relpeft this 

 right of property in him who poffeffes it, if it be not for 

 the peace, fafety, and advantage of human fociety ? Nature 

 muff then, from the fame reafon, require that every pro- 

 prietor, who for a long time, and without any juft reafon, 

 negleAs his right, ffiould be prefumed to have entirely 

 renounced and abandoned it. This forms the abfolute 

 prefumption, or juris et de jure, of its being abandoned, 

 and upon which another is legally entitled to appropriate 

 the thing abandoned to himfelf. This prefumption coni- 

 pofes a title as firm and juft as that of property itftlf, 

 eftabliflied and fupported by the fame reafons. The honeft 

 poffeffor, who had founded a prefumption of this kind, has 

 then a right approved by the law of nature ; and this law, 



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which requires that the right of every one (honld be firm 

 and certain, does not permit their being difturbed in their 

 poffeffion. 



The right of ufucaption properly fignifies, that the honeft. 

 poffeffor is not obliged to fuffer his property to be dif- 

 puted ; he proves this by liis poffeffion itfelf, and lie re- 

 pulfes the demand of the pretended proprietor by prefcrip- 

 tion. Nothing can be more equitable than this rule. Pre- 

 Icription, being only founded on an abfolute or lawful 

 prefumption, has no place, if the proprietor has not really 

 neglected his rights. This condition implies : I . That the 

 proprietor cannot allege an invincible ignorance, either on 

 his own part, or on that of his friends : 2. That he cannot 

 juftify his filence by lawful and folid reafons : 3. That he 

 has neglefted his right or kept filence during a confiderable 

 number of years. Thefe remarks relate to ordinary pre- 

 fcription. Immemorial prefcription, founded on immemorial 

 poffeffion, that is, on a poffeffion, the origin of which is un- 

 known or obfcure, fecures the poffeffor's right, and it 

 cannot be taken from him. 



Ufucaption and prefcription, founded on the law of 

 nature, form a part of the law of nations, and ought to take 

 place between different ftates : for the law of nations is 

 nothing but the application of the law of nature to nations, 

 rendered, in a manner, fuitable to the fubjeft : and fo far is 

 the nature of the fubjeft from forming here any exception, 

 that ufucaption and prefcription are much more neceffarily 

 ufed between fovereign ftates than between individuals. 

 However, they are often more difficult in their application 

 to nations, as thefe rights are founded on a prefcription drawn 

 from a long filence. The tranquillity of the people, the 

 fafety of ftates, the happinefs of the human race, do not 

 allow that the poffeflions, empire, and other rights of 

 nations, ffiould remain uncertain, fubjeft to difpute, and 

 always ready to occafion bloody wars. It is, therefore, ne- 

 ceffary to admit between nations a prefcription founded ob a 

 long interval of time, as a foUd and inconteftible method. 

 Ufucaption and prefcription being neceffary to the tranquil- 

 lity and happinefs of human fociety, it is juftly prefumed 

 that all nations have confented to admit the ufe of them as 

 lawful and reafonable, with a view to the common advan- 

 tage, and even to the particular benefit of each nation. 

 Prefcription of many years ftanding, as well as ufucaption, 

 is therefore eftablilhed by the voluntary law of nations. 

 Vattel's Law of Nation?, b. ii. ch. 11. See Pre- 

 scription. 



USUFRUIT, Ufusfruaus, in the Civil Law, the tem- 

 porary ufe or enjoyment of any lands or tenements ; or the 

 right of receiving the fruits and profits of an inheritance, or 

 other thing, without a power of alienating or changing the 

 property thereof. 



When the ufufruftuary dies, the ufufruit returns to the 

 proprietor. The dower of the jointure of a widow is only 

 an ufufruftuary due ; that is, fhe only enjoys the ufufruit 

 thereof, and cannot difpofe of the principal. 



All mutual prefents between m.an and wife only import 

 the ufufruit of the goods of the firft that dies, to the profit 

 of the furvivor. The incumbents of benefices are only ufu- 

 fruftuary. An ufufruftuary has fidl right over the coppice, 

 but he cannot fell timber-trees. 



USUM, in Geography, a river of Romania, which runs 

 into the Mariza, 4 miles S.E. of Affarli. 



USURA Maritima, terms applied to contrafts for the 

 repayment of money borrowed, not on the (hip and goods 

 only, but on the mere hazard of the voyage itfelf; as when 

 a man lends a merchant 1000/. to be employed in a benefi- 

 cial 



