Usage

Usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be effected thereby, existing at the place where the obligation is to be performed, and either known to the parties or se well established, general, and uniform that they must be presumed to have acted with reference thereto. Civ. Code Dak. § 2119. And see Milroy v. Railway Co., 98 Iowa, 188, 67 N. W. 276; Barnard v. Kellogg, 10 Wall. 388, 19 L. Ed. 987; Wilcocks v. Phillips, 29 Fed Cas. 1203 ; McCarthy v. McArthur, 69 Ark. 313, 63 S. W. 56; Lincoln & K. Bank v. Page, 9 Mass. 156, 6 Am. Dec. 52; Lane v. Bank, 3 Ind. App. 299, 29 N. E. 613; Mornlngstar v. Cunningham, 110 Ind. 328, 11 N. E. 593, 59 Am. Rep. 211. This word, as used 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. Moveover. 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 Roman law, and corresponds very nearly to the tenancy at will or on sufferance of English law. Brown. "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. Read, 3 Brewst. (Pat) 452. "Usage" is also called a "custom," though the latter word has also another signification ; it la a long and uniform practice, applied to habits, modes, and courses of dealing. 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 (Mass.) 29, 83 Am. Dec. 656.

— General nsage. One which prevails generally throughout the country, or is followed generally by a given profession or trade, and is not local in its nature or observance.

— Usage of trade. A course of dealing; a mode of conducting transactions of a particular kind, proved by witnesses testifying of its existence and uniformity from their knowledge obtained by observation of what is practiced by themselves and others in the trade to which it relates. Haskins v. Warren. 115 Mass. 535.