Custom

[L. Fr. coutume, custome; Lat. consuetfido,] A law, not written, established by long iisage, and the consent of our ancestors. Termes de la ley, Cowell, Bract, fol.

2.

K it be universal, it is common law; if particular to this or that place, it is then properly eustom.

3 Salk, 112.

The requisites to make a particular custom valid are, (1) it must have been used so long that the memory of man runneth not to the contrary; (2) it must have been continued; {Z) peaceable; {i) reasonable; (5) certain; and (6) compulsory, that is, not left to the option of any man whether he will use it or not. (1) Customs must also be consistent with each other.

1 Stepk. Com. 56—68. 1 Bl. Com. 76— Y8. Co. Litt. 110 b. 3 Ad. <k Ell. 654. See 2 HiU Hard's Real Prop. 1 53.

U. S. Digest and Supplement, Custom and usage. The distinction between custom and prescription is, that the former is common to many; the latter peculiar to an individual.

Termes de la ley

In other words, custom is local; prescription is personal.

4 Co. 32. 2 Bl. Com. 263.

See Consuefudo. Custom also signifies a toll or tribute, and the service of a tenant to his lord, but in these senses it usually occurs in the plural. See Customs. Caato Me aerrs pri«« •tricC«. Custom shall be taken [is to be construed] strictly.

Jenk. Cent. 83.