Legal Term Dictionary

The style iu which writs and all judicial processes were made out during the great revolution, from the execution of King Charles I. till Oliver Cromwell was declared protector.

The style iu which writs and all judicial processes were made out during the great revolution, from the execution of King Charles I. till Oliver Cromwell was declared protector. Less...

In the custody of the law. Stockwell v. Robinson, 9 Houst (Del.) 313, 32 Atl. 528.

In the custody of the law. Stockwell v. Robinson, 9 Houst (Del.) 313, 32 Atl. 528. Less...

In English law. A grant from the crown under the exchequer seal, by which the custody of lands, etc., seised in the king's hands, is demised or committed to some person as custodee or lessee thereof. Wharton.

In English law. A grant from the crown under the exchequer seal, by which the custody of lands, etc., seised in the king's hands, is demised or committed to some person as custodee or lessee thereof. Wharton. Less...

The care and keeping of anything; as when an article is said to be "In the custody of the court." People v. Burr, 41 How. Prac. (N. Y.) 296; Emmerson v. State, 33 Tex. Cr. R. 89, 25 S. W. 290; Roe v. Irwin, 32 Ga. 39. Also the detainer More...

The care and keeping of anything; as when an article is said to be "In the custody of the court." People v. Burr, 41 How. Prac. (N. Y.) 296; Emmerson v. State, 33 Tex. Cr. R. 89, 25 S. W. 290; Roe v. Irwin, 32 Ga. 39. Also the detainer of a man's person by virtue of lawful process or authority; actual imprisonment. 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 general watch and control, but so doing renders him liable for an escape. Smith v.x Com., 59 Pa. 320; Wilkes v. Slaughter, 10 X. C. 216; Turner v. Wilson, 49 Ind. 581; Ex parte Powers (D. C.) 129 Fed. 985. —Custody of the law. Property is in the custody of the law when it has been lawfully taken by authority of legal process, and remains in tbe possession of a public officer (as, a sheriff) or an officer of a court (as, a receiver) empowered by law to hold it. Gilman v. Williams, 7 Wis. 334, 76 Am. Dec. 219; Weaver v. Duncan (Tenn. Ch. App.) 56 S. W. 41 Carriage Co. v. Solanes (C. C> 10S Fed. 532: Stockwell v. Robinson, 9 Houst. (Del.) 313. 32 Atl. 528; In re Receivership. 109 La. 875, 33 South. 903. Less...

A usage or practice of the people, which, by common adoption and acquiescence, aud 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. Adams v. Insurance Co., 95 Pa. 355. 40 Am. More...

A usage or practice of the people, which, by common adoption and acquiescence, aud 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. Adams v. Insurance Co., 95 Pa. 355. 40 Am. Rep. 662; Lindsay v. Cusimano (C. C.) 12 Fed. 504 ; Strother v. Lucas, 12 Pet. 445. 9 L. Ed. 1137; Minis v. Xelson (C. C.) 43 Fed. 779; Punand v. Jones, 1 Cal. 498; Htirsh v. North, 40 Pa. 241. A law not written, established by long usage, 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 actions constantly repeated, which have, by such repetition, and by uninterrupted acquiescence, 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 relates to a particular district. An instance of the latter occurs where the question is upon tbe manner 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 making of a right, custom is the making of a law." Law-son, Usages & Cust. 15, note 2. Classification. Customs are general, local or particular. General customs are such as prevail throughout a country and become the law of that country, and their existence is to be determined by the court. Bodnsh v. Fox. 23 Me. 95; 39 Am. Dec. 611. Or as applied to usages of trade and business, a general custom is one that is followed in all cases by all persons in the game business in the same territory, and which has been so long established that persons sought to be charged thereby, and all others living in the vicinity, may be presumed to have known of it and to have acted upon it as they had occasion. Sturges v. Buckley, 32- Conn. 267: Railroad Co. v. Harrington, 192 111. 9, 61 N. B. 622; Bonham v. Railroad Co., 13 S. C. 267. Local customs are such as prevail only in some particular district or locality, or in some city, county, or town. Bod-fish v. Fox, 23 Me. 95, 39 Am. Dec. 611; Clough v. Wing, 2 Aris. 371, 17 Pac. 457. Particular customs are nearly the same, being such as affect only the inhabitants of some particular district. 1 Bl. Comm. 74. —Customs of London. Certain particular customs, peculiar to that city, with regard to trade, apprentices, widows, orphans and a variety of other matters; contrary to the general law of the land, but confirmed by act of parliament. 1 Bl. Comm. 75.—Custom of merchants. A system 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 Bl. Comm. 75; 1 Steph. Comm. 54; 2 Burrows, 1226. 1228.—Custom of York. A custom of intestacy in the province of York similar to that of London. Abolished by 19 A 20 Yict. c. 94.—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 services" 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.—Special custom. A particular or local custom; one which, in respect to the sphere of its observance, docs not extend throughout the entire state or country, but is confined to some particular district or locality. 1 Bl. Comm. 67; Bodfish v. Fox, 23 Me. 95, 39 Am. Dec. 611. Less...

In administrative law. The house or office where commodities are entered for importation or exportation; where the duties, bounties, or drawbacks, payable or receivable ui>on 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 More...

In administrative law. The house or office where commodities are entered for importation or exportation; where the duties, bounties, or drawbacks, payable or receivable ui>on 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 others, to arrange entries and other custom-house papers, or transact business, at any port of entry, relating to the importation or exportation 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; McKeen v.. Delancy, 5 Cranch, 32, 3 L. Ed. 25; McFerran v. Powers, 1 Serg. A R. (Pa.) 106. Less...

According to custom or usage; founded on, or growing out of, or dependent on, a custom, {q. v.) —Customary Court-Baron. See COURT— BARON.—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 English law. More...

According to custom or usage; founded on, or growing out of, or dependent on, a custom, {q. v.) —Customary Court-Baron. See COURT— BARON.—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 English law. A variety of copyhold estate, the evidences of the title to which are to be found upon the court rolls; the entries declaring 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 interpretation-See INTERPRETATION.—Customary services Such as are due by ancient custom or prescription only.—Customary tenants. Tenants holding by custom of the manor. Custome terra prise striate. Custom shall he taken [is to be construed! strictly. Jenk. Cent. 83. Less...

This term is usually applied to those taxes which are payable upon goods and merchandise imported or exported. Story, Const f 949; Pollock v. Trust Co., 158 U. S. 601, 15 Sup. Ct. 912, 39 L. Ed. 1108; Marriott v. Brune, 9 How. 632, 13 I* Ed. 282. The duties, More...

This term is usually applied to those taxes which are payable upon goods and merchandise imported or exported. Story, Const f 949; Pollock v. Trust Co., 158 U. S. 601, 15 Sup. Ct. 912, 39 L. Ed. 1108; Marriott v. Brune, 9 How. 632, 13 I* Ed. 282. 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 consuetudines, which are usages merely. 1 Bl. Comm. 314. —Customs consolidation act. The statute 16 & 17 Vict. c. 107. which has been frequently amended. See 2 Steph. Comm. 563. Less...

A court of the United States, created by act of congress in 1909, to hear and determine appeals from the decisions of the revenue officers in the imposition and collection of customs-duties. It is composed of a chief judge and four associates, and sits at Washington.

A court of the United States, created by act of congress in 1909, to hear and determine appeals from the decisions of the revenue officers in the imposition and collection of customs-duties. It is composed of a chief judge and four associates, and sits at Washington. Less...

Lat. 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 More...

Lat. 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. PI. 265.—Castes horrci regit 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 Conquest, corresponding with admtraZ.-^ustos morum. The guardian of morals. The court of queen's bench has been so styled. 4 Steph. Comm. 377. —Custos plaoitorum coronaa. In old English law. Keeper of the pleas of the crown. Bract fol. 146. Cowell supposes 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 county. 1 Bl. Comm. 349; 4 Bl. Comm. 272.—Custos piritualium. In English ecclesiastical law. Keeper of the spiritualities. He who exercises the spiritual jurisdiction of a diocese during the vacancy of the see. Cowell.—Custos tern-poralium. In English ecclesiastical law. .The person to whom a vacant see or abbey was given y the king, as supreme lord. His office was, as steward of the goods ana profits, to give an account to the escheator, who did the like to the exchequer.—Custos terras. In old English law. Guardian, warden, or keeper of tbe land. Custos statum hssredis in eustodia ex-istamtis meliorem, non deterlorem, fa-oere potest. 7 Coke, 7. A guardian can make the estate of an existing heir under his guardianship better, not worse. Less...