custom


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Related to custom: Custom duty, Custom stickers

custom

or

usage

a residual source of law.

CUSTOM. A usage which had acquired the force of law. It is, in fact, a lex loci, which regulates all local or real property within its limits. A repugnancy which destroys it, must be such as to show it never did exist. 5 T. R. 414. In Pennsylvania no customs have the force of law but those which prevail throughout the state. 6 Binn. 419, 20.
     2. A custom derives its force from the tacit consent of the legislature and the people, and supposes an original, actual deed or agreement. 2 Bl. Com. 30, 31; 1 Chit. Pr. 283. Therefore, custom is the best interpreter of laws: optima est legum interpres consuetudo. Dig. 1, 8, 37; 2 Inst. 18. It follows, therefore, there; can be no custom in relation to a matter regulated by law. 8 M. R. 309. Law cannot be established or abrogated except by the sovereign will, but this will may be express or implied and presumed and whether it manifests itself by word or by a series of facts, is of little importance. When a custom is public, peaceable, uniform, general, continued, reasonable and certain, and has lasted "time whereof the memory of man runneth not to the contrary," it acquires the force of law. And when any doubts arise as to the meaning of a statute, the custom which has prevailed on the subject ought to have weight in its construction, for the manner in which a law has always been executed is one of its modes of interpretation. 4 Penn. St. Rep. 13.
     3. Customs are general or, particular customs. 1. By general customs is meant the common law itself, by which proceedings and determinations in courts are guided.
     2. Particular customs, are those which affect the inhabitants of some particular districts only. 1 Bl. Com. 68, 74. Vide 1 Bouv. Inst. n. 121 Bac. Ab. h.t.; 1 Bl. Com. 76; 2 Bl. Com. 31; 1 Lill. Reg. 516; 7 Vin. Ab. 164; Com. Dig. h.t.; Nelson's Ab. h.t. the various Amer. Digs. h.t. Ayl. Pand. 15, 16; Ayl. Pareg. 194; Doct. Pl. 201; 3 W. C. C. R. 150; 1 Gilp. 486; Pet. C. C. R. 220; I Edw. Ch. R. 146; 1 Gall. R. 443; 3 Watts, R. 178; 1 Rep. Const. Ct. 303, 308; 1 Caines, R. 45; 15 Mass. R. 433; 1 Hill, R. 270; Wright, R. 573; 1 N. & M. 176; 5 Binn. R. 287; 5 Ham. R. 436; 3 Conn. R. 9; 2 Pet. R. 148; 6 Pet. R. 715; 6 Porter R. 123; 2 N. H. Rep. 93; 1 Hall, R. 612; 1 Harr. & Gill, 239; 1 N. S. 192; 4 L. R. 160; 7 L. R. 529; Id. 215.

References in periodicals archive ?
Also a line of co-extruders and custom machinery and downstream equipment, as well as replacement screw and barrels.
"The Reactivity SDK is just the tool we need to help us perform single sign-on integration between our existing applications and our partners' applications, enabling us to create the custom data transformations ourselves and execute them in the Reactivity Gateway," said Kim Olson, CMG data architect, at Carlson Marketing Group.
The fifth schedule deals with concessional customs duty rates on imports of machinery, goods and materials.
My Custom Tailor is a well-known name in the LGBTQ community for bespoke and custom-made clothing for transgender people.
President FCAG KP, Zia-ul-Haq Sarhadi has hailed holding of training for Custom Agents and appreciated the efforts of Collector Customs Peshawar, Dr.
The 25 Customs Brokers were the first to be licensed by the LRA since its establishment four years ago.Madam Tamba encouraged customs brokers who have successfully gone through the customs examination to consider the profession as a noble career.
All Transit Custom and Tourneo Custom models are front-wheel drive with power coming from a 2.0 diesel engine, which is available in various power outputs ranging from 104bhp to 168bhp.
For more information on Custom Pools NH services visit: http://custompools.com/service-options/
Collector Custom said initially the WEBOC is limited to clearance of imported items including cotton and mineral coal.
He said the Custom Department has embarked upon a policy of facilitating business community of the country by providing them maximum facilities besides generating revenue for the official kitty.
progress in the use of technology in recent years.A Presence of an updated website of customs having all relevant information has facilitated all stakeholders including officials.