use

verb

To make use of; to convert to one's service; to employ; to avail oneself of; to utilize; to carry out a purpose or action by means of; to put into action or service, especially to attain an end. State v. Howard, 221 Kan. 51, 557 P.2d 1280, 1281.

Term "use" of narcotics, for purposes of statute defining offense of narcotics use, refers to act of injecting or ingesting controlled substance or narcotic. People v. Jones, 5 Dist, 189 C.A.Sd 398, 234 Cal.Rptr. 408, 412

noun

Act of employing everything, or state of being employed; application, as the use of a pen, or his machines are in use

Also the fact of being used or employed habitually; usage, as, the wear and tear resulting from ordinary use. Berry-Kofron Dental Laboratory Co. v. Smith, 345 Mo. 922, 137 S.W.2d 452, 454, 455, 456.

The purpose served; a purpose, object or end for useful or advantageous nature. Brown v. Kennedy, Ohio App., 49 N.E.2d 417, 418.

To put or bring into action or service; to employ for or apply to a given purpose. Beggs v. Texas Dept. of Mental Health and Mental Retardation; Tex.Civ.App., 496 S.W.2d 252, 254.

To avail oneself of; to employ; to utilize; to carry out a purpose or action by means of; to put into action or service, especially to attain an end. State v. Howard, 221 Kan. 51, 557 P.2d 1280, 1281.

A confidence reposed in another, who was made tenant of the land, or terre-tenant, that he would dispose of the land according to the intention of the cestui que use, or him to whose use it was granted, and suffer him to take the profits. 2 Bl.Comm. 328.

That enjoyment of property which consists in its employment, occupation, exercise or practice. Central Sur. & Ins. Corp. v. Anderson, Tex.Civ.App., 446 S.W.2d 897, 903.

A right in one person, called the "cestui que use," to take the profits of land of which another has the legal title and possession, together with the duty of defending the same, and of making estates thereof according to the direction of the cestui que use.

Uses and trusts are not so much different things as different aspects of the same subject. A use regards principally the beneficial interest; a trust regards principally the nominal ownership.

The usage of the two terms is, however, widely different. The word "use" is employed to denote either an estate vested since the statute of uses, and by force of that statute, or to denote such an estate created before the statute as, had it been created since, would have become a legal estate by force of the statute. The word "trust" is employed since that statute to denote the relation between the party invested with the legal estate (whether by force of that statute or independently of it) and the party beneficially entitled, who has hitherto been said to have the equitable estate.

See also beneficial use

- best use

- charitable use

- conforming use

- exclusive use

- highest and best use

- nonconforming use

- public use

- raising a use

- unauthorized use.

Civil law.

A right of receiving so much of the natural profits of a thing as is necessary to daily sustenance. It differs from "usufruct," which is a right not only to use, but to enjoy.

Conveyancing.

"Use" literally means "benefit;" thus, in an ordinary assignment of chattels, the assignor transfers the property to the assignee for his "absolute use and benefit."

In the expressions "separate use," "superstitious use," and "charitable use," "use" has the same meaning.

Non-technical sense.

The "use" of a thing means that one is to enjoy, hold, occupy, or have some manner of benefit thereof.

Use also means usefulness, utility, advantage, productive of benefit.

Generally

- cestui que use

- charitable use (charitable)

@ conditional use

See special exception.

@ contingent use

A use limited to take effect upon the happening of some future contingent event; as where lands are conveyed to the use of A. and B., after a marriage shall be had between them.

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- exclusive use

@ executed use

The first use in a conveyance upon which the statute of uses operates by bringing the possession to it, the combination of which, i.e., the use and the possession, form the legal estate, and thus the statute is said to execute the use.

@ executory uses

These are springing uses, which confer a legal title answering to an executory devise; as when a limitation to the use of A. in fee is defeasible by a limitation to the use of B., to arise at a future period, or on a given event.

@ feoffee to uses

A person to whom (before the statute of uses) land was conveyed "for the use" of a third person. He held the nominal or legal title, while the third person, called the "cestui que use," was entitled to the beneficial enjoyment of the estate.

+ feoffee to uses

/fsfiy ts yuwsaz/fiyfiy/

A person to whom land was conveyed for the use of a third party. (The latter was called "cestui que use. ") One holding the same position with reference to a use that a trustee does to a trust. He answers to the haeres fiduciarius of the Roman law.

@ official use

An active use before the statute of uses, which imposed some duty on the legal owner or feoffee to uses; as a conveyance to A. with directions for him to sell the estate and distribute the proceeds among B., C., and D. To enable A. to perform this duty, he had the legal possession of the estate to be sold.

@ passive use

A permissive use (q.v.).

@

- patent infringement (See also infringement)

@ permissive use

A passive use which was resorted to before the statute of uses, in order to avoid a harsh law; as that of mortmain or a feudal forfeiture. It was a mere invention in order to evade the law by secrecy; as a conveyance to A. to the use of B. A. simply held the possession, and B. enjoyed the profits of the estate.

@ resulting use

A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses without any declaration of the use. A resulting use arises where the legal seisin is transferred, and no use is expressly declared, nor any consideration or evidence of intent to direct the use. The use then remains in the original grantor, for it cannot be supposed that the estate was intended to be given away, and the statute immediately transfers the legal estate to such resulting use.

@ secondary use

A use limited to take effect in derogation of a preceding estate, otherwise called a "shifting use," as a conveyance to the use of A. and his heirs, with a proviso that, when B. returns from India, then to the use of C. and his heirs.

@ shifting use

A use which is so limited that it will be made to shift or transfer itself, from one beneficiary to another, upon the occurrence of a certain event after its creation. For example, an estate is limited to the use of A. and his heirs, provided that, upon the return of B. from Rome, it shall be to the use of C. and his heirs; this is a shifting use, which transfers itself to C. when the event happens. 2 Bl.Comm. 335.

These shifting uses are common in all settlements; and, in marriage settlemerits, the first use is always to the owner in fee till the marriage, and then to other uses. The fee remains with the owner until the marriage, and then it shifts as uses arise.

@ 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.

@ statute of uses

An English statute enacted in 1536 (27 Hen. VIII, c. 10), directed against the practice of creating uses in lands, and which converted the purely equitable title of persons entitled to a use into a legal title or absolute ownership with right of possession. The statute is said to "execute the use," that is, it abolishes the intervening estate of the feoffee to uses, and makes the beneficial interest of the cestui que use an absolute legal title.

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- superstitious use

@ use and habitation

Within a grant does not mean the exclusive use and habitation, but the necessities of the grantee are determinative of extent of privileges to be enjoyed. Barrett v. Barrett, La.App., 5 So.2d 381, 383

@ use and occupation

This is the name of an action, being a variety of assumpsit, to be maintained by a landlord against one who has had the occupation and enjoyment of an estate, under a contract to pay therefor, express or implied, but not under such a lease as would support an action specifically for rent. Thackray v. Ritz, 130 Misc. 403, 223 N.Y.S. 668, 669

@ use plaintiff

In common law pleading, one for whose use (benefit) an action is brought in the name of another. Thus, where the assignee of a chose in action is not allowed to sue in his own name, the action would be entitled "A. B. (the assignor) for the Use of C. D. (the assignee) against E. F." In this case, C. D. is called the "use plaintiff."

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