Blacks Law Dict. 1st ed

OUSSORE

812

CUSTOM OF MERCHANTS

CUSSORE. A term used in Hindostan for the discount or allowance made in the exchange of rupees, in contradistinction to batta, which is the sum deducted. Enc. Lond. CUSTA, CUSTAGIUM, CUSTANTIA. Costs. CUSTODE ADMITTENDO, CUS TODE AMOVENDO. Writs for the ad mitting and removing of guardians. CUSTODES. In Roman law. Guard ians; observers; inspectors. Persons who acted as inspectors of elections, and who counted the votes given. Tayl. Civil Law, 193. In old English law. Keepers; guardi ans; conservators. Custodies pacts, guardians of the peace. 1 "HI. Comm. 349. CUSTODES LIBERTATIS ANGLIJE AUCTORITATE PARLIAMENTS The style in which writs and all judicial pro cesses were made out during the great revo lution, from the execution of King Charles I. till Oliver Cromwell was declared protector. CUSTODIA LEGIS. In the custody of the law. CUSTODIAM LEASE. In English law. A grant from the crown under the exchequer seal, by which the 1 custody of lands, etc., seised in the king's hands, is demised or committed to some person as custodee or lessee thereof. Wharton. CUSTODY. The care and keeping of anything; as when an article is said to be "in the custody of the court." Also the de tainer of a man's person by virtue of lawful process or authority; actual imprisonment. 59 Pa. St. 320. In a sentence that the defendant "be in custody until," etc., this term imports actual imprisonment. The duty of the sheriff under such a sentence is not performed by allowing the defendant to go at large under his gen eral watch and control, but so doing renders him liable for, an escape. 59 Pa. St. 320. CUSTOM. A usage or practice of the people, which, by common adoption and ac quiescence, and by long and unvarying habit, has become compulsory, and has acquired the force of a law with respect to the place or subject-matter to which it relates. A law not written, established by long us age, and the consent of our ancestors. Termes

de la Ley; Cowell; Bract, fol. 2. If it be universal, it is common law; if particular to this or that place, it is then properly custom. 3 Salk. 112. Customs result from a long series of ac tions constantly repeated, which have, by such repetition, and by uninterrupted acqui escence, acquired the force of a tacit and common consent. Civil Code La. art. 3. It differs from prescription, which is personal and is annexed to the person of the owner of a particular estate; while the other is local, and re lates to a particular district. An instance of the latter occurs where the question is upon the man ner of conducting a particular branch of trade at a certain place; of the former, where a certain person and his ancestors, or those whose estates he has, have been entitled to a certain advantage or privilege, as to have common of pasture in a certain close, or the like. The distinction has been thus expressed: "While prescription is the mak ing of a right, custom is the making of a law." Lawson, Usages & Cust. 15, note 2. Customs are either general or particular. General customs are such as prevail through out a country and become the law of the country; and their existence is to be deter mined by the court. Particular customs are such as prevail in some county, city, town, parish, or place. 23 Me. 90. CUSTOM-HOUSE. In administrative law. The house or office where commodities are entered for importation or exportation; where the duties, bounties, or drawbacks payable or receivable upon such importation or exportation are paid or received; and where ships are cleared out, etc. CUSTOM-HOUSE BROKER. One whose occupation it is, as the agent of oth ers, to arrange entries and other custom-house papers, or transact business, at any port of entry, relating to the importation or expor tation of goods, wares, or merchandise. 14 St. at Large, 117. A person authorized by the commissioners of customs to act for parties, at their option, in the entry or clearance of ships and the transaction of general business. Wharton. Custom is the best interpreter of the law. 4 Inst. 75; 2 Eden, 74; 5 Cranch, 32; 1 Serg. & R. 106. CUSTOM OP MERCHANTS. A sys tem of customs or rules relative to bills of exchange, partnership, and other mercantile matters, and which, under the name of the "lex mercatoria," or "law-merchant," has been ingrafted into, and made a part of, the common law. 1 BI. Comm. 75; 1 Steph. Comm. 54; 2 Burrows, 1226, 1228.

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