Blacks Law Dict. 1st ed

CUSTOM OF YORK

CUSTOS TEMPORALIUM

313

CUSTOM OF YORK. A custom of in- •estacy in the province of York similar to that of London. Abolished by 19 & 20 Viet. c. 94. CUSTOMAEY COURT-BARON. A court-baron at which copyholders might transfer their estates, and where other mat ters relating to their tenures were transacted. 3 Bl. Comm. 33. CUSTOMARY ESTATES. Estates which owe their origin and existence to the custom of the manor in which they are held. 2 Bl. Comm. 149. CUSTOMARY FREEHOLD. In En glish law. A variety of copyhold estate, the evidences of the title to which are to be found upon the court rolls; the entries de claring the holding to be according to the custom of the manor, but it is not said to be at the will of the lord. The incidents are similar to those of common or pure copyhold. 1 Steph. Comm. 212, 213, and note. CUSTOMARY SERVICES. Such as are due by ancient custom or prescription only. CUSTOMARY TENANTS. Tenants holding by custom of the manor. Custotne serra prise stricte. Custom shall be taken [is to be construed] strictly. Jenk. Cent. 83. CUSTOMS. This term is usually applied to those taxes which are payable upon goods and merchandise imported or exported. Story, Const. § 949; Bac Abr. "Smuggling." The duties, toll, tribute, or tariff payable upon merchandise exported or imported. These are called "customs" from having been paid from time immemorial. Expressed in law Latin by custuma, as distinguished from eonsuetudines, which are usages merely. 1 Bl. Comm. 314. CUSTOMS AND SERVICES annexed to the tenure of lands are those which the tenants thereof owe unto their lords, and which, if withheld, the lord might anciently have resorted to "a writ of customs and serv ices" to compel them. Cowell. But at the present day he would merely proceed to eject the tenant as upon a forfeiture, or claim damages for the subtraction. Brown. CUSTOMS CONSOLIDATION ACT. The statute 16 & 17 Viet. c. 107, which has been frequently amended. See 2 Steph. Comm. 563.

CUSTOMS OF LONDON. Particular customs within the city of London, with re gard to trade, apprentices, widows, orphans, and a variety of other matters. 1 Bl. Comm. 75; 1 Steph. Comm. 54, 55. CUSTOS. A custodian, guard, keeper, or warden; a magistrate. CUSTOS BREVIUM. The keeper of the writs. A principal clerk belonging to the courts of queen's bench and common pleas, whose office it was to keep the writs returnable into those courts. The office was abolished by 1 Wm. IV. c. 5. CUSTOS FERARUM. A gamekeeper. Townsh. PL 265. CUSTOS HORREI REGil. Protector of the royal granary. 2 Bl. Comm. 394. CUSTOS MARIS. In old English law. Warden of the sea. The title of a high naval officer among the Saxons and after the Con quest, corresponding with admiral. CUSTOS MORUM. The guardian of morals. The court of queen's bench has been so styled. 4 Steph. Comm. 377. CUSTOS PLACITORUM CORON2E. In old English law. Keeper of the pleas of the crown. Bract, fol. 146. Cowell sup poses this office to have been the same with the custos rotulorum. But it seems rather to have been another name for "coroner." Crabb, Eng. Law, 150; Bract, fol. 1366. CUSTOS ROTULORUM. Keeper of the rolls. An officer in England who has the custody of the rolls or records of the sessions of the peace, and also of the commission of the peace itself. He is always a justice of the quorum in the county where appointed and is the principal civil officer in the coun ty. 1 Bl. Comm. 349; 4 Bl. Comm. 272. CUSTOS SPIRITUALIUM. In En glish ecclesiastical law. Keeper of the spirit ualities. He who exercises the spiritual ju risdiction of a diocese during the vacancy of the see. Cowell. Custos statum heeredis in custodia ex istentis meliorem, non deteriorem, fa cere potest. 7 Coke, 7. A guardian can make the estate of an existing heir under hit guardianship better, not worse. CUSTOS TEMPORALIUM. In En glish ecclesiastical law. The person to whom a vacant see or abbey was given by the king, as supreme lord. His office was, as steward of the goods and profits, to give an account

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