that such a mutilation was not transmitted. At the present time the alleged transmission of mutilations or various lesions, as tattooing or flattening of the head, is not proved. On the other hand, the Lamarckian principle of the inheritance of characters formed by adaptation to changes in the physical environment, changes of climate, as well as those resulting from use or disuse, or any kind of external stimulus, although denied by Weismann and his followers, have not been disproved. Adaptation to a different medium from that of their ancestors, as in the case of birds and insects, is the result of use-inheritance. Very obvious examples are the cetaceans where, by change from terrestrial to aquatic habits, the legs have been converted into fin-like members. Another instance is the acquired habit of pointing in the pointer breed, cases being known of young dogs pointing without having been trained. The habit of holding the tail erect is an acquired one in dogs, as the wolf and fox never elevate the tail. The senile expression of the face in children of old parents is claimed to be an example of such inheritance. Such examples as these prove that, as Eimer states, every character formed by the functional activity of the animal is an acquired character. The changes begin during the lifetime of the individual, become transmitted (or at least the tendency), until after a number of generations, the new conditions becoming permanent, the new characters are formed, and these are preserved by use-inheritance.

The experimental proofs of use-inheritance have accumulated sufficiently to prove that, where the changed climate, or temperature and moisture or dryness of the air, remain the same, the new characters are transmitted. In plants, where use or disuse do not come into play, the changes of station, of climate, temperature, soil, and nutrition, when permanent, result in the formation of new varieties and species, according to the Lamarckian principle. It is maintained that the transmission of acquired characters, structural, physiological, and mental, is demanded by the theory of evolution. Weismann's objection to use-inheritance is that modifications of the animal are acquired anew in every individual life and cannot be transmitted. It remains to be seen whether this criticism will withstand the mass of data now being accumulated. Consult the writings of Lamarck, Darwin, Koelliker, Eimer, Cope, Herbert Spencer, Galton, Hyatt, Weismann, Standfuss, Fischer, Packard, Piepers, Kidd, and others. See EvOLUTION; HEREDITY.

USENER, oʻze-ner, HERMANN (1834-). A German classical philologist, born at Weilburg. on-the-Lahn. He became professor at the University of Bonn in 1866. His work has covered many fields, both literary and philosophical. Especially important are his studies in the history of religion. His published works include Anecdoten Holderi (1877), Altgriechischer Versbau (1887), Epicurea (1887), Dionysius Halicarnensis de Imitatione, etc. (1899), Dionysii Ars Rhetorica (1895), Dionysii Opuscula (ed. with Radermacher, vol. 1., 1899), Religions geschichtliche Untersuchungen (1888), Götternamen (1896), Sintflutsagen (1899), etc.

U'SERTE'SEN. The name of three kings of Egypt of the Twelfth Dynasty. USERTESEN I.,

the Zeobyxwois of Manetho, was the son and successor of Amenemhat I. (q.v.), the founder of the dynasty. His reign of 44 years began about B.C. 1976, but for the first ten years he ruled as co-regent with his father, and for the last two years of his life his son, Amenemhat II., was associated with him on the throne. According to a leather roll, written in the time of Amenophis IV., the temple of the sun at Heliopolis was rebuilt in the early part of Usertesen's reign. One of the two granite obelisks erected by Usertesen before this temple is still standing; it is 66 feet in height and is the oldest obelisk in Egypt. (See OBELISK.) At Tanis three finely executed granite statues of the King have been found. A stele was discovered by Champollion at Wadi Halfa, near the second cataract of the Nile, containing a list of eleven Nubian tribes conquered by Usertesen, and an inscription at Beni Hassan records an expedition to Nubia in the King's forty-third year. The remains of Usertesen's pyramid tomb are still to be seen at Lisht, about 30 miles south of Cairo. -USERTESEN II., the fourth King of the dynasty, was the son of Amenemhat II., and the grandson of Usertesen I. He reigned for nineteen years, from about B.C. 1896, including a co-regency of three years with his father. A painting in a tomb at Beni Hassan, which depicts a number of Asiatics visiting the Nomarch Chnumhotep in the sixth year of Usertesen II., has been supposed to represent the arrival in Egypt of Abraham or of the sons of Jacob, but there is no evidence in support of either theory, and both are equally improbable. Statues of Usertesen II. and of his Queen, Nofret, were found at Hieraconpolis and at Tanis respectively. The pyramid tomb of the King is at Illahun. Manetho calls this King Sesostris and ascribes to him the conquest of the world, but there is no evidence that Usertesen II. ever conducted any foreign wars. (See SESOSTRIS.) — USERTESEN III., the son and successor of Usertesen II., reigned for at least 26 years from about B.C. 1883. His chief energies were directed to the subjugation of Nubia; and to protect the southern frontier of his kingdom, he built two strong forts at Semneh and Kummeh, about 40 miles south of the second cataract of the Nile. Near Semneh the King set up, in the eighth year of his reign, a boundary stone with the injunetion that no negro should pass it except such as came into Egypt for the purpose of peaceful traffic. He was, however, compelled to underNubians in the sixteenth and nineteenth years o take two subsequent expeditions against the his reign, before the country was finally subdued. Usertesen III. built a temple at Heracleopolis (q.v.) in his fourteenth regnal year. His tomb is probably the more northerly of the two brick pyramids at Dahshur known as the Black Pyramids. Consult: Wiedemann, Aegyp tische Geschichte (Gotha, 1884-88); Petrie, A History of Egypt (New York, 1899); Budge, A History of Egypt (ib., 1902).

USES. A technical term employed to denote equitable rights to the benefits and profits of real other than the beneficiary of the 'use.' The inestate, the legal title to which is in a person

troduction of the doctrine of uses was the result of the attempts of the English clergy to evade the effects of the Statutes of Mortmain, and to enjoy the gifts of the pious. To do this, land

was conveyed to a third person, with the understanding or an express declaration that it was to be held to the use of the religious person or corporation intended to be the real donee. When this practice was first introduced, this obligation could only be enforced by threats of excommunication from the Church. Afterwards the Chancellor, who was usually appointed from the clergy, assumed jurisdiction over such convey ances, and employed the power of the courts of equity to enforce the use. This effect of such conveyances aroused the hostility of the King and great lords of the realm, which culminated in the enactment of the famous statute of 27 Henry VIII. c. 10, commonly known as the Statute of Uses. This act provided, in effect, that where a conveyance was made under the circum: stances above described, the beneficiary should receive the legal estate as well as the right to the profits, etc., and also be liable to the lord for the feudal duties. The statute only temporarily accomplished its purpose, as the courts of equity speedily evolved the law of 'trusts,' which were practically the same as 'uses,' but under a different name. However, the statute had the important effect of making possible the creation of legal estates to begin in the future without making them legal remainders. The system of conveyancing made possible by the Statute of Uses was finally superseded by the practice of transferring property by deeds of 'bargain and sale.' The law of uses, as modified by the Statute of Uses, became a part of the common law of the United States, and still obtains in many States, but has been expressly abolished in a few juris. dictions, including New York. Consult Gilbert, Law of Uses and Trusts (3d ed., London, 1811), and the authorities referred to under REAL PROPERTY; also see TRUST.

USHAK, 00-shäk'. A town of the Vilayet of Brusa, Asia Minor, Turkey, 125 miles east-northeast of Smyrna (Map: Turkey in Asia, C 3). It is noted for its carpet manufactures. Population, in 1900, 13,084 (estimated).

USH'ANT. An island in the Atlantic Ocean, belonging to the Department of Finistère, France, 13 miles west of the northwest end of Brittany (Map: France, A 3). To the French it is known as the Isle d'Ouessant. Area, 6 square miles. The shores are rocky. Ushant has modern fortifications, and is used for military purposes. Naval battles between the French and English occurred off the island in 1779 and 1794. Population, in 1901, 2717, mostly pilots and fishers.

USHAS, ush'ȧs (from Skt. vas, uš, to burn; connected with Gk. 'Hús, Eōs, Lat. Aurora, Lith. auszrà, dawn, and ultimately with Eng. east). In Vedic India, the goddess of the dawn. The Rig-Veda devotes twenty hymns to her, and alludes hundreds of times to her as the divine personification of the morning light. The fiery steeds or ruddy cows that draw her shining car represent clouds and beams of light that issue from the stall of darkness as she throws open the portals of day. Born each day, and therefore ever young, she reminds mankind of the transitoriness of human life, and by her return day after day she stands as a symbol of the divine order in heaven. The sky is her father; night is her sister; the sun, her lover and spouse; and the twin Asvins, as embodiments of the transi

tion of light and darkness at the dawn and evening twilights, are her kin. The sacrificial fire kindled at daybreak is a signal of her approach (see AGNI), and she then arouses the worshiper to prayer. She answers his petitions by bestowing riches, long life, offspring, glory and renown, in fact, all the blessings that belong to daily life. In the post-Vedic period the importance of Ushas is lost, and now she is a mere name in the Hindu mythology. Consult: Macdonell, Vedic Mythology (Strassburg, 1897); Hopkins, Religions of India (Boston, 1895); Wilkins, Hindu Mythology (2d ed., London, 1900). USH'ER, JAMES. A British archbishop. See USSHER.

USHUAIA, 00'shoo-ä'yȧ. The capital of the Territory of Tierra del Fuego, Argentina, on the southern coast of the island of Tierra del Fuego, on the Beagle Channel (Map: Argentina, D 14). It is a miserable native village, whose inhabitants, through the efforts of English missionaries, speak English better than Spanish.

USKUP, us-kup', USKUB, or SKOPLIE. The capital of the Vilayet of Kossovo, European Turkey, 160 miles northwest of Saloniki, on the Vardar River (Map: Balkan Peninsula, C 4). In 1900 it carried on a trade of nearly $5,The chief articles of commerce are 000,000. opium, grain, live stock, fruit and tobacco. Leather and dyestuffs are the principal manufactured products. Population, about 40,000.

USNEA, ŭs′né-à (Neo-Lat., from Ar. usuah, moss). The small genus of lichens typical of the family Usneëi. The species are generally grayish or straw-colored and pendulous, and from their resemblance to southern or Spanish moss (Telandsia) are often called tree-mosses.

They

are most common upon trees in cool regions, but also grow upon rocks. Popularly they are called beard-moss, hanging-moss, and necklace-moss. See Colored Plate of MOSSES AND LICHENS.

US'SHER, JAMES (1580-1656), Archbishop of Armagh, commonly considered the most learned prelate of the Irish Protestant Church. He was born in Dublin, January 4, 1580. In 1593-94 he entered Trinity College, Dublin, where his predilection for history soon revealed itself. In 1601 he was ordained deacon and priest, and was appointed preacher of Christ Church, Dublin. În 1607 he was chosen to the chair of divinity, a post which he held for thirteen years. He made numerous visits to England and became acquainted with the most distinguished scholars of

the age.

In 1613 his first publication appeared, entitled De Ecclesiarum Christianarum Successione et Statu, which was designed as a continuation of Bishop Jewell's Apology. In 1615 he was appointed by a convocation of the clergy held at Dublin to draw up a series of articles relating to the doctrine and discipline of the Irish Protestant Church, in which the doctrines of predestination and reprobation (of which Ussher was an unflinching apologist) found prominence. These and other views, such as that bishops were not a different order from presbyters, implied in the studied omission of all reference to such distinction, that the Sabbath should be strictly enforced, and that no toleration should be granted to Catholics, laid him open to the charge of Puritanism. Nevertheless, King James promoted him to the Bishopric of Meath and

USUFRUCT (Lat. ususfructus, from usus, use, from uti, OLat. olti, to use, connected with avere, to crave, Skt. av, to promote, protect, like, Gk. olros, oitos, fate, portion + fructus, fruit, from frui, to enjoy). At civil law, a life interest in property, usually established by legacy, but capable of being established by contract. It is also created by law, especially in modern civil legislations, many of which give usufruct to parents in the property of minor children and to the surviving spouse in the estate of the deceased husband or wife. (See PARENT AND CHILD; SUCCESSION; and TESTAMENT.) Usufruct is regarded as a servitude (q.v.), the general right of ownership (proprietas) being attributed to the reversioner, i.e. the person who is to take the property on the termination of the usufruct. The usufructuary has the exclusive right to possess, use, and enjoy the property, either in person or through a vendee or lessee. He must, however, use it salvâ substantiâ, i.e. the property must not be injured; nor may he change the character or mode of use. For the restoration of the property in unimpaired condition the usufructuary must ordinarily give security to the owner. Usufruct may be established not only in land and buildings, but also in 'non-consumptible' movables, i.e. in such movables as can be used without impairment of substance. In consumptibles, true usufruct is impossible; but for the purpose of carrying out the intentions of testators the Roman jurists developed the so-called 'quasi-usufruct,' in which the property is appraised and the usufructuary gives security that the sum at which it is valued shall be paid, after his death, to the holder of the reversionary interest.

USUMACINTA, σo'su-må-sen'tà. A river of Central America. It rises in the mountains of Southern Guatemala and flows in a winding northwest course through that country and Mexico, emptying into the Gulf of Campeche on the boundary between the Mexican States of Campeche and Tabasco (Map: Central America, B 2). Its length is about 400 miles, and it is navigable a short distance from the sea. In its middle course it forms the boundary between Mexico and Guatemala. Its upper course, which is through a little known forest region, was made by treaty the boundary between the two republics, and a dispute as to which was the main headstream nearly led to a war in 1895.

USURY (OF., Fr. usure, from Lat. usura, use, employment, interest, from uti, to use). Literally, money paid for the use of money, i.e. interest; but in the Middle Ages, when such payments were prohibited, the word obtained an evil sense, and when in modern times the taking of interest again became permissible, usury acquired its modern meaning, i.e. interest in excess of a fair return, and, particularly, in excess of a legally determined maximum. The establishment of such a maximum was general in the ancient world; at Roman law it varied, at different periods, from 12 per cent. to 6 per cent.; and when the taking of interest was legalized in the modern world, similar limitations were introduced. In England the act of 37 Henry VIII., c. 9, fixed the limit at 10 per cent. This was repeatedly lowered until, by the act of 12 Anne, c. 16, it was fixed at 5 per cent. By these laws usurious contracts were made wholly invalid and usury was

an indictable offense. In most European coun tries (as in the Roman law) usurious contracts were invalid only as regarded the excess of interest, and contracts in which the lender assumed special risks (e.g. bottomry bonds) were not subjected to limitation of rate.

In the eighteenth century the usury laws were attacked by economic writers as arbitrary and unwise. It was pointed out that in all credit transactions there was an element of risk; that the risk varied greatly and might, in many cases, justify the taking of interest beyond the legal maximum; and that the effect of usury laws was to impose upon borrowers a higher rate of interest than they would otherwise be required to pay, in order that the lender might insure himself against the additional risk to which he was subjected by the illegality of the contract. In consequence of these arguments, limitations upon the rate of interest were generally repealed in the nineteenth century. In England this was done by the act of 17 and 18 Victoria, c. 90. In France, however, the usury laws were repealed only as regarded commercial contracts.

Adam Smith defended usury laws because they made it more difficult for spendthrifts to borrow money; and in the latter half of the nineteenth century, in connection with the general reaction against laissez-faire doctrines, the complete freedom of contract established by the repeal of the usury laws was in its turn condemned by many economists. It was urged that in many cases borrowers were at the mercy of lenders and unreasonable interest. that they should be protected against extortion of This theoretical reaction has affected modern European legislation. In Germany, by a law of 1880, "any person who, by exploiting the necessity, the frivolity, or the in experience of another, causes to be promised to himself or to a third person, for a loan or for deferred payment of a debt, pecuniary advantages which so exceed the ordinary rate of interest that under the circumstances they are in striking dis proportion to the debt," is punished with impris onment up to six months and fine up to 3000 marks. In England, by an act of Parliament passed in 1900, it is provided that professional money-lenders shall be registered, and that their contracts shall be subject to judicial revision when the rate of interest appears under the circumstances to be unreasonable. In the United States this latest form of legislation against usury, in which it is left to the courts to determine what is, in each case, a reasonable rate, has not as yet been imitated. In more than one-fourth of the States and Territories (Arizona, California, Colorado, Connecticut, Florida, Maine, Massachusetts. Montana, Nevada, Rhode Island, Utah, Washington, Wyoming) the parties may agree upon interest above the legal rate. In the remainder of the States and Territories a legal maximum is established for interest on loans and ‘forbearances' or deferred payments (see table in article INTEREST), but the legal results of contracting for a higher or usurious rate are very varied. In Georgia, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Hampshire, New Mexico, Pennsylvania, Tennessee, Vermont, and West Virginia the creditor can recover principal and lawful interest, losing only the excess. In Kansas his claim is reduced by double the excess. In Alabama,