See also:habit or practice . Thus a tradesman calls those who
See also:deal with him his " customers," and the
See also:trade resulting as their "
See also:custom." The word is also used for a
See also:toll or tax levied upon goods; there was at one
See also:time a distinction between the tax on goods exported or imported, termed magna custuma (the
See also:great custom), and that on goods taken to market within the
See also:realm, termed parva custuma (the little custom), but the word is now used in this sense only in the plural, to signify the duties levied upon imported goods . It is also used as a name for that department of the public service which is employed in levying the
See also:duty . In
See also:law, such long-continued usage as has by
See also:common consent become a
See also:rule of conduct is termed custom .
See also:Jessel, M . R . (Hammerton v .
See also:Honey, 24 W . R . 603), has defined it as "
See also:local common law . It is common law because it is not
See also:statute law; it is local law because it is the law of a particular place, as distinguished from the general common law . Local common law is the law of the
See also:country (i.e. particular place) as it existed before the time of legal memory." There has been much discussion among jurists as to whether custom can properly be reckoned a source of law (see
See also:JURISPRUDENCE) .
As to the distinction between
See also:prescription (which is a
See also:personal claim) and custom, see PRESCRIPTION . The adoption of local customs by the judiciary has undoubtedly been the origin of a great portion of the
See also:English common law .
See also:Blackstone divides custom into (I) general, which is the common law properly so called, and (2) particular, which affects only the inhabitants of particular districts . The requisites necessary to make a particular custom
See also:good are: (I) it must have been used so long that the memory of man runneth not to the contrary; (2) it must have been continued, and (3) enjoyed peaceably; (4) it must be reasonable, and (5) certain; (6) it must be compulsory, and not
See also:left to the option of every man whether he will use it or no; (7) it must be consistent with other customs, for one custom cannot be set up in opposition to another . Customs may be of various kinds, for example, customs of merchants, customs of a certain
See also:district (such as
See also:gavelkind and
See also:borough English), customs of a particular
See also:manor, &c . The word custom is also generally employed for the usage of a particular trade or market; for a trade custom to be established to the satisfaction of the law it must be a
See also:uniform and universal practice so well defined and recognized that contracting parties must be assumed to have had it in their minds when they contracted (
See also:Russell, C . J.,
See also:Bourne v . Vernon, to Times
See also:Rep . 649) .
COMTE DE ADAM PHILIPPE CUSTINE (1740-1793)
There are no comments yet for this article.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.
Links to articles and home page are encouraged.