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CUSTOM (from O. Fr. costume, costume ...

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Originally appearing in Volume V07, Page 669 of the 1911 Encyclopedia Britannica.
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CUSTOM (from O. Fr. See also:costume, costume or coustume; See also:Low See also:Lat. costuma, a shortened See also:form of consuetudo)  , in See also:general, a 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 See also: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 See also:department of the public service which is employed in levying the See also:duty . In See also:law, such See also: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 See also: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 See also: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 See also: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 See also: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 See also: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:Fox-See also:Bourne v . See also:Vernon, to Times See also:Rep . 649) .

End of Article: CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)
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