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On this page: Uterini – Utilis Actio – Utres – Utricularius – Utrubi – Uxor – Uxorium – Vulcan Ali a – Vulgares – Xenagi – Xenelasia



nify that a Usus is given, not an Abusus; but this does not prove that an abusus could not be given. Puchta shows that the phrase " res pertinet ad usufructuarium," which exactly corresponds to the phrase in Cicero, does not mean "that the thing is an object of ususfructus," but that " it be­longs to the fructuarius." In the Digest (7. tit. 1. s. 68) the question is, whether the young child of a female slave belongs to the fructuarius (an partus ad fructuarium pertineat), and it is answered in the negative, with the following explanation : "nee usumfructum in eo fructuarius habebit." The pas­sage of Cicero therefore will mean, that wine and oil in the testator's possession are not given to her by a bequest of the ususfructus of his property, for it is usus, that is, the enjoyment of the future fruits, which is given, and not "abusus" or the power to consume fruits which already exist. In other words the testator gives the woman a Usus­fructus in all his property, that is a right to gather the fruits, but he does not give the wine and oil, which are fruits already gathered, to the woman to be her property as if she had gathered them during her Ususfructus. Puchta contends that " abusus " does not necessarily signify that there could be "abusus" only in the case of things " quae usn consumuntur:" he says that in the place of wine and oil Cicero might have given the young of animals, as an example without altering his expression. If this interpretation is correct, Puchta contends that the Senatusconsultum as to Quasi ususfructus is older than the time of Cicero.

Usus is defined (Dig. 7« tit. 8. s. 2) by the negation of " frui: " " cui usus relictus est, uti potest, frui vero non potest." The title of the Digest above referred to is "De Usu et habitatione," and the instances given under that title mainly refer to the use of a house or part of a house. Ac­cordingly the usus of a house might be bequeathed without the fructus (Dig. 7. tit. 8. s. 18) : it has been already explained what is the extent of the meaning of Ususfructus of a house. The usus of a thing implies the power of using it either for ne­cessary purposes or purposes of pleasure. The man who was intitled to the usus could not give the thing to another to use, though a man who had the usus of a house could allow another to lodge with him. A man who had the usus of an estate could take wood for daily use, and could enjoy the orchard, the fruit, flowers and water, provided he used them in moderation, or as it is expressed " non usque ad compendium, sed ad usum scilicet non abusum." If the usus of cattle (pecus) was left, the usuarius was intitled to a moderate allowance of milk. If the usus of a herd of oxen was bequeathed to a man, he could use the oxen for ploughing and for all purposes for which oxen are adapted. If the usus was of things which \vere consumed in the use, then the usus was the same as Ususfructus. (Dig. 7. tit. 5. s. 5. § 2 ; s. 10. § 1.) Usus was in its nature indivisible, and accordingly part of a Usus could not be given as a legacy, though per­sons might have the fructus of a thing in common. (Dig. 7. tit. 8. s. J9.) As to his duties the usu­arius was in most respects like the fructuarius. In some cases Usus is equivalent to Ususfructus, as where there can be no usus of a thing without a taking of the Fructus. As to Usus in the English system, see Slanning v. Style, 3 P. Wms. p. 335, jind Hyde v. Parratt, 1 P. Wms. p. 1,


(Inst. 2. tit. 4 ; Dig. 7. tit. 1, &c. ; Frag. Vat de Usufruduj Miihlenbruch, Doct. Pandect. § 284, &c. ; Ueber das alter des Quasiususfructus^ Von Puchta, RJiein. Museum fur Jurisprudenz. vol. iii. p. 82.) [G. L.]



UTILIS ACTIO. [AcTio, p. 10, a.]

UTRES. [vinum, p. 1203, b.]


UTRUBI. [interdictum.] *•

VULCAN ALI A, a festival celebrated at Rome in honour of Vulcan, on the 23d of August (x. Calend. Sept.) with games in the circus Flaminius, where the god had a temple. (Inscript. ap. Gruter. Ixi. 3, cxxxiv. ; Publ. Vict. de regionib. urb. Ro- mae, 9.) The sacrifice on this occasion consisted of fishes which the people threw into the fire. (Varro, de Ling. Lot. vi. 20.) It was also cus­ tomary on this day to commence working by candle­ light, which was probably considered as an auspi­ cious beginning of the use of fire, as the day was sacred to the god of this element. (Plin. Epist. iii. 5.) It was on the day of this festival that the consul Q. Fulvius Nobilior received a severe de­ feat from the Celtiberians, b. c. 153. It became an ater dies in consequence. (Appian, Hisp, 45.) [L. S.]

VULGARES. [servus, p. 1041, b.]

UXOR. [matrimonium, p. 740, b.]

UXORIUM. [Ass uxorium.]


XENAGI (£emyo£). The Spartans, as being the head of that Peloponnesian and Dorian league, which was formed to secure the independence of the Greek states, had the sole command of the con­federate troops in time of war, ordered the quotas which each state was to furnish, and appointed officers of their own to command them. Such officers were called faayoi. The generals whom the allies sent with their troops were subordinate to these Spartan £evayoi, though they attended the council of war, as representatives of their respec­tive countries. (Thucyd. ii. 7, 10, 75, v. 54; Xenoph. Hell. iii. 5. § 7, AgesiL ii. 10.) After the peace of Antalcidas, the league was still more firmly established, though Argos refused to join it ; and the Spartans were rigorous in exacting the required military service, demanding levies by the o7ci>TaA?7, and sending out ^svcuyoi to collect them. (Xenoph. Hell. v. 2. §§ 7, 37, vi. 3. § 7; Wachs-muth, Hell. Altertk. vol. \. pt. ii. pp. 114, 241, 1st ed.; Schomann, Ant. jut. Pub. Gr. p. 426.) [C.R.K.]

XENELASIA (le^Aoo-fa). The Lacedae­monians appear in very early times, before the legislation of Lycurgus, to have been averse t') in­tercourse with foreigners (£zvoi(n ct7rp6(r/nt!CToi^ Herod, i. 65). This disposition was encouraged by the lawgiver, who made an ordinance forbidding strangers to reside at Sparta, without special per­mission, and empowering the magistrate to expel from the city any stranger who misconducted him­self, or set an example injurious to public morals. Such jurisdiction was exercised by the Ephori. Thucydides (ii. 3.9) makes Pericles reproach the Lacedaemonians with this practice, as if its object were to prevent foreigners from becoming acquainted with such institutions and means of defence as would

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