USUFRUCTUARY, civil law. One who has the right and enjoyment¹ of an usufruct.

2. Domat, with his usual clearness, points out the duties of the usufructuary, which are, 1. To make an inventory² of the things subject to the usu-fruct, in the presence of those having an interest in them. 2. To give secur-ity for their restitution³; when the usufruct shall be at an end. 3. To take good care of the things subject to the usufruct. 4. To pay all taxes, and claims which arise while the thing is in his possession, as a ground-rent. 5. To keep the thing in repair at his own expense. Lois Civ. liv. 1, t. 11, s. 4. See Estate for life.

USURPATION⁴, torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. Toml. Law Dict. h. t.

2. According to Lord Coke, there are two kinds of usurpation. 1. When a stranger, without right, presents to a church, and his clerk is admitted; and, 2. When a subject uses a franchise⁶ of the king without lawful⁵ authority. Co. Litt. 277 b.

USURPATION, government. The tyrannical assumption of the government by force contrary to and in violation⁷ of the constitution of the country.

USURPED⁸ POWER, insurance. By an article of the printed proposals which are considered as making a part of the contract of insurance it is provided, that "No loss of damage by fire, happening by any invasion, foreign enemy, or any military or usurped power whatsoever⁹ will be made good by this company." Lord Chief J. Wilmot, Mr. Justice Clive, and Mr. Justice Bathurst, against the opinion of Mr. Justice Gould, determined¹⁰ that the true import of the words usurped power in the proviso, was an invasion, from abroad, or an internal rebellion, where armies are drawn¹¹ up against each other, when the laws are silent, and when the firing of towns becomes unavoidable; but that those words could not mean the power of a common mob. 2 Marsh¹². Ins. 390.