Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

TISUSFRU CT US. USUSFRUCTUS. 1221
in some cases, forty years was required. From was bound to cultivate it properly. As to quarries
this time the terms Usucapio and Longi temporis and mines, he could work them for his benefit, if he
praescriptio, were used indifferently, as some writers worked them properly (quasi Boszus paterfamilias).
suppose, though on this point there is not uniformity If after the bequest of the ususfructus, minerals
of opinion. were found on the land, he could work them. He
(Engelbach, Ueber die Usccspion zur zeit der could be compelled to plant new trees in the place
Zwilf Tafeln, Marburg 1828; Miihlenbruch, of those which died, and generally to keep the land
Doctrin. Pandect. ~ 261, &c.; Ueber die Usucapio, in good condition. If the ususfructus was of aedes,
pro kerede von Arndts, Rhein. Mus. fUr Juesspru- the fructuarius was intitled to all the rents and
denz, vol. ii. p. 125; Puchta, Inst. ii. ~ 239.) [G. L.] profits which he received during the time of his
USURAE. [FENUS, p. 526, b.] enjoyment. He could be compelled to keep a
USURPA'TIO. One sense of this word is house in repair, but it seems to be doubtful how
"Usucapionis interruptio," (Dig. 41. tit. 3. s. 2.) far he was bound to rebuild the house if it fell
Appius Claudius, not the Decemvir, but he who down from decay: at any rate he was liable for all
made the Appia Via and brought the Aqua Claudia moderate and reasonable expenses which were neto Rome, wrote a book De Usurpationibus, which cessary for the maintenance of the property.
was not extant in the time of Pomponius. (Dig. 1. The Fructuarius could not alienate the right to
tit. 2. s. 36.) In some cases " usurpatio " means the ususfructus, though he might give to another
the preservation of a right by the exercise of it, as the usus of his right; and he might surrender the
" jus usurpatum," in the case of a Servitus aquae right to the Ususfructus to the owner of the thing.
ducendae; and this nearly agrees with that sense He could not subject the thing to servitutes; nor
of Usurpare which is equivalent to Uti. [Usu- could the owner do this even with the consent of
CAPIO.] As to the passage in Gellius, iii. 2, see the fructuarius. The Fructuarius could make such
Savigny, System, &c. iv. 365. [G. L.] changes or alterations in the thing as would imUSUS. [MATRIMONIUM, p. 741.] prove it, but not such as would in any way deteUSUS. [USUSFaRTCTUS.] riorate the thing, or even render the maintenance
USUSFRUCTUS and USUS were Personal of it a greater burden. Consequently he had
Servitutes. [SERVITUTES.] (Dig. 8. tit. 1. s. 1.) greater power over cultivated land than over houses
Ususfructus is defined to be "jus alienis rebus or pleasure-grounds, for a part of the value of
utendi fruendi salva rerum substantia." (Dig. 7. houses or pleasure-grounds and things of the like
tit. 1. s. 1.) Accordingly Ususfructus comprehended kind consists in opinion, and must be measured by
the " jus utendi " and the " jus fruendi."' Usus the rank, wealth, and peculiar disposition of the
comprehended only the "jus utendi." The com- owner.
plete distinction between Ususfructus and Usus The fructuarius could maintain or defend his
will only appear from a statement of what each is. rights by action and by interdicts. On the comA ususfructus was the right to the enjoyment of pletion of the time of the Ususfructus, the thing
the fruits of a thing by one person, while the was to be restored to the owner, who could geneownership (proprietas) belonged to another. It rally require securities from the fructuarius both
could be established by Testamrent, which was the for the proper use of the thing and for its restoracommon case, as when the Heres was required to tion in due time. This security was in some cases
give to another the ususfructus of a thing; and it dispensed with by positive enactments, and in
could also be established by contract between the other cases by agreement; but it could not be disowner of a thing and him who contracted for the penseda with by testament.
Ususfructus. He who had the Usnsfructus was Origilally there could be no Ususfructus in
lJsusfructuarius or Fructuarius, and the object of things unless they were things corporeal and such
the Ususfructus was Res Fructuaria. The utmost as could be restored entire, when the time of
limit of Ususfructus and Usus was the life of the Ususfructus had' expired. But by a Senatlsconperson who had the right. Thus the Ususfructus sultum of uncertain date, there might be quasi
and Usus were generally life estates; but not more. ususfructus of things which were consumed in the
(Dig. 45. tit. 1. s. 38. ~ 12.) use, and in this case the fructuarius in fact became
There might be Ususfructus both in Praedia the owner of the things, but was bound to give
Rustica and Urbana, in slaves, beasts of burden security that he would either restore as much in
and other things; and a Ususfructus of a whole quantity and value as he had received, or the value
property (omnium bonorum) might be given; or of the things in money. (Dig. 7. tit. 5. s. 7; and
of some aliquot part. (Dig. 32. tit. 2. s. 37, 43.) compare Randall v. Russell, 3 Mer. 190.) It is
If the Ususfructus of a thing was bequeathed to generally supposed that this Senatusconsultum -was
a person, all the " fructus " or the thing belonged passed in the time of Augustus, and a passage of
to the Fructuarius during the time of his enjoy- Cicero (Top. 3) is alleged to show that it did not
ment. Consequently if the Ususfructus of a piece exist in the time of Cicero: " Non debet ea mulier,
of land was given to him, he was intitled to collect eui vir bonorum suorum usumfructum legavit, cellis
and have for his own all the fructus that were al- vinariis et oleariis plenis relictis, putare id ad se
ready on the land, and all that were produced on pertiIlere. Usus enim non abusus legatur." The
it during the time of his enjoyment. But as he only difficulty is in the words " id ad se pertinere,"
only acquired the ownership of the fructus by col- which are usually translated "these things, (the
lecting them (perceptio), he was not intitled to cellae vinariae, &c.) are not objects of Ususfructus,"
fructus, which existed on the land at the time from which it is inferred that there was at that
when his right ended, and which he had not col- time no Ususfructus in things which were conlected: quidquid in funimo nascitur, vel quidquid sumed in the Use. But if this is the sense, the
inde percipitur, ad fructuarium pertinet. (Dig. 7. words which follow, " for the usus, not the abusus
tit. 1. s. 59. -~; tit. 4. s. i13.) (power to consume) is the object of the legacy,"
He was bound not to injure the land, and he have no clear meaning. These words simply sig403