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Topic: Statute of Uses

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	Statute - LoveToKnow 1911 (Site not responding. Last check: 2007-10-08)
		The chief editions of the British statutes are the Statutes of the Realm printed by the king's printers, Ruff head's and the fine folio edition issued from 1810 to 1824 in pursuance of an address from the House of Commons to George III.
		The statutes of the Scottish parliament before the union differed from the English statutes in two important respects: they were passed by the estates of the kingdom sitting together and not in separate houses, and from 1367 to 1690 they were discussed only after preliminary consideration by the lords of the articles.
		In many of the colonies, as in Canada, the constitutionality of an act of the colonial legislature is, as in the United States, a matter for the determination of the local court or of the judicial committee of the privy council on appeal.
	www.1911encyclopedia.org /Statute (3290 words)

	Uses - LoveToKnow 1911 (Site not responding. Last check: 2007-10-08)
		As a method of evading the common law arose the practice of making feoffments to the use of, or upon trust for, persons other than those to whom the seisin or legal possession was delivered, to which the equitable jurisdiction of the chancellor gave effect.
		To remedy the abuses which it was said were occasioned by this evasion of the law was passed the famous Statute of Uses (1536), which, however, failed to accomplish its purpose.
		Out of this failure of the Statute of Uses arose the modern law of Trusts, under which heading will be found a full history of uses.
	www.1911encyclopedia.org /Uses (167 words)

	Advisory Board of Directors:
		USE - A confidence reposed in another, who was made tenant of the land or terre tenant, that he should 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.
		Uses were borrowed from the fidei commissum of the civil law; it was the duty of a Roman magistrate, the praetor fidei commissarius, whom Bacon terms the particular chancellor for uses, to enforce the observance of this confidence.
		Uses were introduced into England by the ecclesiastics in the reign of Edward Ill or Richard II for the purpose of avoiding the statutes of mortmain; and the clerical chancellors of those times held them to be fidei commissa, and binding in conscience.
	www.balticbankinggroup.com /bbgdicionary/Use.htm (358 words)

	LUBA Headnotes Section 3.3.6 (Site not responding. Last check: 2007-10-08)
		Where a conditional use is proposed on EFU land, the compatibility of the proposed use with uses on adjacent properties is necessary to ensuring the stability of existing uses, but it does not alone ensure stability.
		Without information concerning the nature and duration of the lease, the use of a particular tax lot as a leased tax-exempt watershed is not substantial evidence which supports a finding that the lot will remain ineligible for a nonfarm dwelling during a term that is reasonable for purposes of a stability analysis.
		Identifying the area to be considered and the overall land use pattern of that area are prerequisites to determining whether a proposed partition satisfies a code requirement that it "not materially alter the stability of the land use pattern of the area." McNamara v.
	luba.state.or.us /hnall/3.3.6.htm (2380 words)

	Statute of Uses - Wikipedia, the free encyclopedia
		The Statute of Uses (enacted in 1535 and effective in 1536) is a statute passed by Henry VIII which converted all English equitable estates that were created through "use" into legal estates.
		In order to avoid the Statutes of Mortmain, legal title to much if not most of the lands of the monasteries was held by foeffees to use (the equivalent of the modern "trustees") for the benefit of the monasteries.
		The statute vested legal title in the monasteries, thus facilitating the reversion of the lands to the Crown by virtue of the statutes rendering the King head of the Church in England.
	en.wikipedia.org /wiki/Statute_of_Uses (241 words)

	Common Law - What is it? (Site not responding. Last check: 2007-10-08)
		In 1570, Henry VIII promulgated the Statute of Uses which is the foundation of trust law.
		The Statute of Uses provided that if A deeded property to B for the use of C that C could enforce his beneficial ownership of the property in a court of equity.
		Statute Quia Emptores and the Statute of Uses (along with the noted Statute of Frauds of 1677) are thought of in America to be part of our common law, but they were statutes.
	www.geocities.com /zipcat29/common_law1.html (435 words)

	Wills, Trusts and Estates - Professor Frances Rudko
		The statute was aimed primarily at the typical use arrangement, the passive use, under which the feoffee to uses was a dummy holding the legal title and the cestui was in possession and enjoying all the practical benefits of ownership.
		The third exception to the statute was the use on a use, which was a limitation of two successive use interests, and known as a "shifting use" or "springing" use.
		A principal use of constructive trust is to award to a claimant a gain produced by an investment of property that was acquired from him by wrongdoing such as fraud; another is to charge a fiduciary for gain he acquired by breach of loyalty to the claimant.
	www.rongolini.com /trustsandestates.htm (15318 words)

	Mortmain
		Therefore all persons possessed of land "to the use of religious people or other spiritual persons", of which these latter take the profits, are required upon pain of forfeiture to procure licence of amortization within a time limited, or to "sell and aliene" to some other use.
		Sir Edward Coke explains this statute to have been directed against some purposes which were thenceforth to be condemned as superstitious, although formerly approved as charitable, "such superstitious uses", he points out, "as to pray for souls supposed to be in purgatory, and the like".
		The "Report" almost follows the statute of Henry VIII, in declaring all conveyances "void made either to an individual or to any number of persons associated, but not incorporated, if the said conveyances are for uses or purposes of a superstitious nature, and not calculated to promote objects of charity or utility".
	www.catholicity.com /encyclopedia/m/mortmain.html (2874 words)

	CATHOLIC ENCYCLOPEDIA: Mortmain
		The expressions quoted from Lord Bacon, and an allusion of his to "plenty and purchasing", suggest the view that holding of land in mortmain, being opposed to land stirring abroad and its ready purchase, was in the nature of a public inconvenience or mischief.
		Not long before the date of the statute Coke observes "by the light of God's word", "diverse superstitions and errors in the Christian religion which had a pretence and semblance of charity and devotion were discovered".
		For, notwithstanding mortmain statutes, and as if to protect the sovereign from the reproach which, according to Coke, he might otherwise have incurred, the lord chancellors seem, from a period long previous to that of King Henry VIII, to have protected and guarded trusts or uses in favour of charity.
	www.newadvent.org /cathen/10579a.htm (2849 words)

	LUBA Headnotes Section 3.3.9 (Site not responding. Last check: 2007-10-08)
		The fact that wineries are a permitted use in EFU zones under ORS 215.213(1) and 215.283(1) does not mean that wineries are “agricultural uses” permitted in a rural residential zone, where the code definition of “agricultural uses” does not include wineries, and wineries are not among the uses allowed in the rural residential zone.
		Absent text or contextual support in the statutes for a narrower interpretation of “community center,” a mixed-use building that contains a public library, community meeting space, office space for a local nonprofit community organization and public restrooms may be properly considered a “community center” as that term is used in ORS 215.283(2)(d).
		The scope and proper construction of the term "commercial activities that are in conjunction with farm use," used in ORS 215.213(2)(c) and 215.283(2)(a), is a question of state law.
	luba.state.or.us /hnall/3.3.9.htm (2807 words)

	Reading_15 (Site not responding. Last check: 2007-10-08)
		The Statute of Enrolments 1 was passed because it was realised that the use on a bargain and sale in favour of the bargainee who had paid the purchase money would be executed by the statute; to prevent this being employed as a secret conveyance, such bargains and sales were to be enrolled.
		The use of trustees to preserve them was sanctioned by the courts by the beginning of the eighteenth century,2 and no legislation became necessary until the nineteenth century.
		Thus, uses cannot be declared upon terms or fees tail, for they would be repugnant to the duty owed to the reversioners; and in the second proposition, the use expressed is void, for it is repugnant to the implied use raised by the consideration.
	www.law2.byu.edu /Thomas/Legal_History/Reading_15.html (5948 words)

	Chapter 174 — Construction of Statutes; General Definitions
		As used in the statute laws of this state, unless the context or a specially applicable definition requires otherwise, “public notice” means any legal publication which requires an affidavit of publication as required in ORS 193.070, or is required by law to be published.
		As used in the statute laws of this state, “domesticated elk” means North American wapiti (Cervus canadensis), Manitoban elk (Cervus elaphus manitobensis), Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti) and Tule elk (Cervus elaphus nannodes) that are born and raised in captivity.
		Subject to ORS 174.108, as used in the statutes of this state “state government” means the executive department, the judicial department and the legislative department.
	www.leg.state.or.us /ors/174.html (4298 words)

	friendly printed version:Iran’s Nuclear Program and International Legal Instruments: IAEA Statute
		The language of the statute does offer greater discretion with respect to steps that may be taken against a wayward member within the IAEA itself, including suspending the rights and privileges of membership.
		The statute of the IAEA therefore recognizes, consistent with the UN Charter, that the Security Council is the UN organ with main responsibility for maintaining international peace and security.
		While the Statute of the IAEA mandates that there ”shall” be referral in all cases of established noncompliance, Article 19 of the safeguards agreement provides that there also "may" be referral in cases where it simply is not possible to establish that no diversion of nuclear material to nonpeaceful purposes has occurred.
	www.cdi.org /friendlyversion/printversion.cfm?documentID=2685 (1451 words)

	The Stark Truth About the Stark Law: Part I - November/December 2003 - Family Practice Management
		It also defines some of the key terms used in the statute, and describes the standards for meeting the "group practice" definition and how the definition applies to two of the most notable exceptions to the statute (referrals for in-office ancillary services and to other physicians in the group).
		Another critical term in the Stark statute is "group practice." To qualify for several exceptions, such as referrals for in-office ancillary services and referrals to other physicians in the group, a practice must meet all of the elements of the Stark statute's definition of a group practice.
		Although the Stark statute does not allow physicians to be compensated in a way that rewards referrals, physicians in a group may share in the "overall profits of the group" and may be paid a "productivity bonus" for their own services or services "incident-to" their services, as long as certain standards are met.
	www.aafp.org /fpm/20031100/27thes.html (4278 words)

	About IAEA: IAEA Statute
		Subject to the provisions of this Statute and to the terms of agreements concluded between a State or a group of States and the Agency which shall be in accordance with the provisions of the Statute, the activities of the Agency shall be carried out with due observance of the sovereign rights of States.
		This Statute shall be open for signature on 26 October 1956 by all States Members of the United Nations or of any of the specialized agencies and shall remain open for signature by those States for a period of ninety days.
		Duly certified copies of this Statute shall be transmitted by the depositary Government to the Governments of the other signatory States and to the Governments of States admitted to membership under paragraph B of article IV.
	www.iaea.org /About/statute_text.html (5446 words)

	Legal Definition of Power
		Powers derived from, the doctrine of uses may be defined to be an authority, enabling a person, through the medium of the statute of uses, to dispose of an interest, vested either in himself or another person.
		The N Y Revised Statutes define a power to be an authority to do some act in relation to lands, or the creation of estates therein, or of charges thereon, which the owner granting or reserving such power might himself lawfully perform.
		They are powers of revocation and appointment which are frequently inserted in conveyances which owe their effect to the statute of uses; when executed, the uses originally declared cease, and new uses immediately arise to the persons named in the appointment, to which uses the statute transfers the legal estate and possession.
	www.lectlaw.com /def2/p129.htm (629 words)

	[No title] (Site not responding. Last check: 2007-10-08)
		However, comprehensive reform did not occur until the Statute of Uses in 1536, and that was prompted by the interests of the English government, as the greatest of feudal lords and the entity with the most to gain by preserving tenurial incidents.
		When "executed" by the Statute of Uses this springing use became a legal springing executory interest: the feoffor held the estate in fee simple (the grant to the feoffee having been invalidated by the Statute of Uses), but the fee simple estate was subject to the executory interest.
		and the decision was reinforced by a statute in 1536.
	www.law2.byu.edu /Thomas/Legal_History/SuppM.htm (17218 words)

	South Carolina Judicial Department - Opinions
		In a trust where the trustee is instructed to use the property for the benefit of another, the Statute of Uses executes to vest legal title with the beneficiary, if the beneficiary is capable of taking legal title and the trustee has no active duties.
		The Does argued the Statute of Uses did not execute the trust. According to the Does, the plain language of the trust deed established the beneficiary was not capable of taking legal title, and the trustee had active duties.
		The actions of the Parish from at least 1903 to 2000, including leasing the property for uses not permitted by the trust and mortgaging the property, could not have been based on the permission of the trustees because no additional trustees were appointed after the death of the last trustee in 1774.
	www.judicial.state.sc.us /opinions/displayOpinion.cfm?caseNO=3757 (6038 words)

	Use - Wikipedia, the free encyclopedia
		To remedy the abuses which it was said were occasioned by this evasion of the law the Statute of Uses of 1536 was passed.
		Out of this failure of the Statute of Uses arose the modern law of trusts, see that article for further details.
		use may be used as a synonym of rite in the sense of a particular liturgical traditions, as in Aquileian Use
	en.wikipedia.org /wiki/Uses (255 words)

	Tenure: The top 10 issues - Minn. Stat. §§ 122A.40 & 122A.41
		Note: The protections of these statutes do not apply to ECFE teachers (even though they should be in the bargaining unit), charter school teachers, or ESP members.
		Under the statute (and if your collective bargaining agreement does not provide anything different), your seniority date is your first day of actual service in the district.
		Under the statute, continuing contract teachers should be placed on unrequested leave of absence (ULA) in the fields in which they are licensed in the inverse order in which they were employed.
	www.educationminnesota.org /index.cfm?page_id=874 (1036 words)

	OSCN Found Document:PURCELL v. CORDER
		A pleading that is sufficient to withstand a demurrer under the statute of frauds is also sufficient under the statute of uses and trusts (section 7267, Comp.
		Although a demurrer admits the facts of a petition, the agreement being in parol, the defendant is entitled to the benefit of the statute of frauds, unless the part performance, which is set out therein to avoid its operation, is of a character to have that legal effect.
		WILLIAMS, J. ¶1 On December 29, 1908, plaintiff in error, as plaintiff, commenced an action against the defendants in error, as defendants, alleging that she was the owner of and in the actual possession of a certain 80 acres of land in Pawnee county.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=8925 (2451 words)

	Property Class Notes 2/24/04
		To A for so long as the property is used for school purposes and then to B and her heirs.
		To A and her heirs, but if the property is not used for school purposes, to B and his heirs.
		To A and her heirs for so long as the property is used as a farm and then, one day after farming ceases, to B and her heirs.
	lawschool.mikeshecket.com /property/2-24-04.htm (772 words)

	Securing title ch05-2.htm
		These registration statutes have their origin in colonial statutes similar to the English Statute of Enrollments which followed the Statute of Uses and spawned the conveyancing device of lease and release.
		For example, the Pennsylvania recording statute, 21 P.S. § 351, affords protection to claims created by "all deeds, conveyances, contracts and other instruments of writing wherein it shall be the intention of the parties executing the same to.
		By use of the public records, one may determine the extent and quality of an owner's title and the existence of most liens and other incumbrances upon the property.
	www.law.pitt.edu /fox/common/SECTITL.HTM (1312 words)

	James Kent's Commentaries: Of Powers
		The N.Y. Revised Statutes have abolished powers at common law, as well as powers under the statute of uses, so far as they related to land, except it be a simple power of attorney to convey lands for the benefit of the owner.
		Butler was of opinion, that uses created by will were executed by the statute of wills, and not by the statute of uses.
		The N.Y. Revised Statutes have placed this subject on just grounds, by declaring that the power of a tenant for life to make leases, is not assignable as a separate interest, but is annexed to the estate, and passes with the conveyance of the estate, and a special exception of it extinguishes it.
	www.lonang.com /exlibris/kent/kent-61.htm (1231 words)

	Property - Chapter 23
		The deed is the basic document used to transfer an estate or other interest in land during the owner’s lifetime.
		The 1536 Statute of Uses permitted the conveyance of a fee simple by means of a written instrument, and finally the 1677 Statute of Frauds mandated that every conveyance of an interest in land be in writing.
		Under this doctrine, if a grantor uses a warranty deed to convey title to land he does not own, but then later does acquire title to the same land, it automatically passes to the innocent grantee.
	www.lexisnexis.com /lawschool/study/outlines/html/prop/prop23.htm (641 words)

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