Page:Black's Law Dictionary (Second Edition).djvu/318

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CUSTOM

Ternies de in Ley; Cowell; Bract. fol. 2. If it be universal, it is common law: if particular to this or that place, it is then prop- erly custom. 3 Suit. 112

Customs result from a long series of actions const.-iutiy l‘L‘]lC:lt(:I], which have, by such repetition, and by uninterrupted acqui- escence, acquired the foice of a tstit and common consent. Civil Code La. art. 3.

it diifeis from prest-nptiou, vihich is personal and is l.lliul:SLll to the person of the owner of It particular tsiute: while the other is iocai. and relates to a particular distiict. An instance of the laiter nu.-uis vihere the question is upon the munut-r of tuududing a ])Lilll4.ul€1l‘ branch of trade at :1 certiiu plat-o; of the former, where a certain pl:x‘sui:i and his ancestors, or those whose estates he has. have been entitled to a certain advantage or priviiege, us to have coinnion of pasture in a certain close, or the like. The distinction has been thus expressed: “Whiie prtst-riptiun is the making of a right, custom is the making of a law." law- sun. Usiiges & Gust. 15, note 2.

Classification. Customs are general, local or particular. General customs are such as preiail thioufioui a coiintly and become the law of that country, and their existence is to be determined by the court. Bndhsh v. Fox, 23 Me. 95: 39 Am. Dec. 611. Or as applied to usages of triide and business, :1 general custuni is one that is foiluivt-d in all cases by all poisons in the same business in the same territory, and which has been so iong established that persons sought to be chargcd thereby, and aii others Living in the vicinity, may be presumed to have known of it and to have acted upon it as they had occasion. Sturgcs v. Buck- ie_i, .52 Conn. 267 ; Railroad Co. v. Ilarriiigton, 192 Ill. 0, 61 N F lluiihani v. ltaiiroad 01., 13 S. O. 20 Local customs are such as prevail only in some particular distiict or iocality, or in some city, county, or town. Bod- Fox, 23 Me. 95, 39 Am. Dec. 611: Cluugh 2 Ariit. 371, 17 Pat‘. ' ' customs are nearly the same, being such as at-

' the inhabitants of some particular

I'oct only district. 1 Bl. Comm. 74.

—Cnstoms of London. Certain particular customs. pt-cuii,ir to that city, with rt-;::irri to i:-mic. iipprrntict-s, widows, oiphuns and a variety of other matters; cnuiiary to the general law of the land, but conhinu-d b_v act of par- liament. 1 Bl. Comm. .—Ci1stom of iner- chants. A systein of customs or rules reiative to hills of exchiimze. partnersbip, and other mercantile nmtters. iind ivhiih. under the mime of the "lm: mrrt_u.turia." or "law-n1crel'uint." has been ingrafted into and m e a part of, the common lair. 1 I51. Comm. 1 Sl(']lll. Comm. .34: 2 Burroiis. I22. . 122S.—-Custom of York. A eiistoin of intestacy in the province of York similar to that of London. Abolished by 19 & 20 \'ict. C. 9-L—Custnins and services anurrul to the lf‘n|ll'F' of lands are those iihich tho tenants thereof oiie untn their lords, and which, if iiithht-id, the lord ini,-zht ancienti_v have resorted to “a writ of custnnis and .<r'riiI?os" to compel them Cowell. But at the present day he iioiiid mor:-iv prncerd in cject the tenant as upon a fuifeiture, or claim dani- .-i_:es for the sul-traction. T{i'owi.i.—S1Iecia.l custom. A particular or local ciislnm: one \\lll(l.l_ in respcct tn the .‘~'[\lIE'|"P of its observ- ance. does not extend K.lll'0ll§{llOli( the entire state or country, but is_ confined to some pai ti- 4:-uiar district or lomlih-. 1 Bl. Comm. 67: llndfish i-. Fox. -3 Me 95. 39 Am. Dec. 611.


CUSTOM-HOUSE. In adniiiiistrative l:.\W. The house or office where cnniniodjties ire entered for iinportzition or exportation;

310

CUSTOB

where the duties, bouuties, or drawbacks payable or receivable upon such importation or exportation are paid or receiied; and viherc ships are cleared out, etc.

—C_ustnm—hnnse broker. One iihose occu- pation it is, as the agent of others, to iirriiue entries and other custom-house papers. or transact businew, at any port of entry, [ing to the importation or exportation of 1; iiares, or merchandise. 14 St, at Large, 117. A porsnn authorized by the coninilnaiuuciia of uistnins to art for parties, at their option, in the entry or clearance of 5. ips and the trans- ai.-tiun of general business. Wharton.

Custom in the best interpreter of the law. 1 Inst. 75; 2 Eden, 7-}; Mn-Keen V. Delaney, 5 Cranch, 32, 3 L. Ed. -3, hic- Ferran v. Powers, 1 Serg. R: R. (l a.) 100.

GUSTOMARY. According to custom or usage; founded on, or growhig out oi’. or dependent on, a custom, (a. v.)

—Ci1stmnin-y Court-Baton. See COIT".'.”' {{anchor+|.|BAl10.\'.—Ciistoxnnx-y estates. Estiitcs ivhkfi ex lame to the on of the manor in wbich they are held. 2 l. (‘omm. 14!).-—Cnsto-rnary freehold. In English law. A vat-iei_v of (:o]i_vl_ilJhl estate, the evi- dciices of the title to which are to be fun upon the court rolls; the entries declaring l holding to be according: to the custom of t-- manor, but it is not said to be at the will of tin lord. The incidents are similar to those of com- mon or pure ('D|\yl]Ul(l. 1 Steph. Cnllim. 211:, 213‘ and nntc—Ci-istoinary interpretation. Sue lNTERPl!FTA'1‘l0N.—Cns1:OIna1‘y service; Such as life due by ancient custom or pieitrlp-

tion only.—Custnmnry tenants. Tenania holding by custom of the miimir. Custmne sex-ra prise Itricta. Custom

shall be taken Jenk. Cent. 83.

[is to be consuued] strictly,

CUSTOMS. This term is usuiiiiy iipp‘l:Il to those tuxes which tire pay.ihie upon gnods and merchandise iinported or exported. Sto- ry, Canst. 5 949: Pollock v. Trust Co., 158 U. S. 601, 15 Sup. Ct. 912, 39 L. Ed. 1103: Marriott v. Brune. 9 How. (732. 13 L. Ed. ‘.13:

The duties. toll. tribute, or tarllr parable upon merchandise exported or impomit These are called “custonis" from having been paid from time lniinenioriiii. Expressed in law [ntiu by oust-imui, as distinguished from crmsuctudimts, which are usages merely. l Bl. Comm. 314.

—Ciistnms consolidation act. The mmm 1G & 17 Vict c. 117.", which has hiyn frequua ly amended. See 2 Stcph. Comm. 51:’-3

CUSTOMS COURT. A court of the United Stutes, created by act of congress in 1909. to hear and determine appeals from tho decisions of the revenue ofhccrs in the imposition and colicciiun of rtistuiiis-duties It is composed of a chief jmlgo and four as sociiites, and sits at Washington.

GUSTOS. Lat. A custodian, guard, keep er, or warden: a magistrate.

-—Cristo_s Iirevium. Thc keeper of the writs

A principal clerk belonging to the courts oi