Usage
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
A general and* uniform practice, recognized as a proper guide of individual conduct. Usage is also called a custom, though the latter word has also another signification, is a long and uniform practice, applied to habits, modes, and courses of dea Ung. It relates to modes of action, and does not comprehend the mere adoption of certain peculiar doctrines or rules of law.
Dickinson V, Gay, 7 Allen, 29.
Usage, in its most extensive meaning, includes both custom and prescription; but, in its narrower signification, the term refers to a general habit, mode, or course of procedure. A usage differs from a custom, in that it does not require that the usage should be immemorial to establish it; but the usage must be known, certain, uniform, reasonable, and not contrary to law.
Lowry V. Head, 3 Brews. 452.
The word usage, in English law, differs from custom and prescription, in that no man may claim a rent, common, or other inheritance by usage, though he may by prescription. Moreover, a usage is local, in all cases, and must be proved; whereas a custom is frequently general, and as such is noticed without proof. Usage, in French law, is the usus of Eoman law, and corresponds very nearly to the tenancy at will or on sufferance of English law.
Brown.