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Related to customarily: unawares, apparently, neatly, predominantly, markedly




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 ?
But it declined to answer a second question--whether confidential information could lose that status if provided to the government "without assurances that the government will keep it private." Summarizing its holding, the court concluded that information is protected under the exemption "[a]t least where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy."
The President of the Court, Mrs Yemisi Ojo, after hearing the testimony of both parties, observed that the parties are not customarily married and she dissolved their association.
Federal Register Notice for Draft Guidance for Industry: Serving Sizes of Foods That Can Reasonably Be Consumed At One Eating Occasion, Reference Amounts Customarily Consumed, Serving Size-Related Issues, Dual-Column Labeling, and Miscellaneous Topics
The final regulations provide that a cost included in the definition of miscellaneous itemized deductions that is incurred by an estate or nongrantor trust is subject to the 2% floor to the extent it would be commonly or customarily incurred by a hypothetical individual holding the same property.
The regulations implement the Court's "commonly or customarily incurred" requirement for investment advisory fees by stating that a fee is not subject to the 2%-of-AGI floor to the extent it exceeds the fee generally charged to an individual investor, where the additional charge is added solely because the investment advice is rendered to a trust or estate rather than to an individual or is attributable "to an unusual investment objective" of the trust or estate or to "the need for a specialized balancing of the interests of various parties ...
Additionally, the bank said that De Leon will continue as a director of its board, while Elias F Valdes was elected as vice chairman in its tradition of customarily rotating the board's leadership.
The new proposed regulations provide that a cost incurred by a trust that is "commonly or customarily" incurred by a hypothetical individual holding the same property is subject to the 2% floor on miscellaneous itemized deductions as applied under Sec.
My break with the past will be taken customarily, as a crust of bread or
The low lags that can potentially result emphasize that for geographically middle to high latitudes, very different sighing geometries with descent angles much compressed to the horizontal prevail, in contrast with the customarily familiar sightings from latitudes below 40(deg) with their characteristically substanial descent angles."
Expenses that are "customarily" or "commonly" incurred when property is held by an individual are subject to the 2 percent floor when they are incurred by an estate or NGT.
What the judge was saying in that sentence is that the Appellant did not have a settled routine in the United States while he had one in Canada which showed that he did regularly, customarily or normally live in Canada."
It said that the blast occurred at a time when families customarily waited