Page:The American Cyclopædia (1879) Volume V.djvu/598

 594: dUSTOZZA toms must be consistent with each other ; one custom cannot be set up in opposition to an- other, which would be contradictory and ab- surd. To these it may be added that custom cannot set aside or vary the statute law, or be opposed to the constitution of the land, or re- pugnant to the general principles of the com- mon law. Neither can it be allowed 'to over- come or vary express contracts. It may ex- plain contracts by establishing the sense in which the words employed in them are under- stood in the business, and which may be differ- ent from the ordinary sense ; but it is only en- forced in any case upon the presumption that the parties have adopted it in their dealings, which can never arise when they have agreed to the contrary. The reasonableness of a cus- tom is a question of law for the court ; and "it will not be enforced or have the sanction of law, unless it be reasonable and convenient, and adapted not only to increase facilities in trade, but to promote just dealings." (9 Met- calf 's Reports, 363.) And any custom opposed to the general law of the state on the subject to which it refers must always be held unrea- sonable. The local customs of France were more numerous and diverse during the mid- dle ages than those of England, owing to the greater independence of the French nobles, which left each province more at liberty to originate usages for itself. Not less than 60 are enumerated as having been reduced to a certainty during the 16th century, besides more than 200 others inconsiderable for extent or peculiarity. These gradually assimilated, and in large degree became absorbed in the body of general law. The coutume de Paris, as the common law of the French colonists in Amer- ica, prevailed more or less in the states formed from the Louisiana purchase, after French do- minion ceased, until expressly abrogated by statute. CUSTOZZA, or Cnstoza, a village of Italy, in the province and 10 m. S. W. of the city of Verona, near Yillafranca, which on July 25, 1848, was the scene of a battle between the Austrians under Radetzky and the Sardinians under Charles Albert in person ; and on June 24, 1866, of an equally important battle be- tween the Austrians under Archduke Albrecht and two Italian army corps under Lamarmora. The Italians were defeated in both engage- ments, and in the latter the second son of the king of Italy, Amadeo, was wounded. CUSTROT. See KUSTKIN. CUTCH, a native state of Hindostan, under the superintendence of the Bombay govern- ment, bounded N. W. and N. by Sinde, E. by the Guicowar's dominions, S. by the peninsula of Cattywar and the gulf of dutch, and S. W. by the Arabian sea. It lies between lat. 22 47' and 24 40' K, and Ion. 68 26' and 71 45' E. ; greatest length from E. to W. 205 m., breadth 110 m. ; area, exclusive of the great salt marsh called the Runn of dutch, which covers the N. part of the territory, and com- dUTHBERT municates with the gulf, 6,764 sq. m. ; pop. about 500,000. The Runn is 160 m. long from E. to W., from 4 to 80 m. wide, and about 7,000 sq. m. in area, including several islands. During the rainy season it is impassable except in a very few places, and the S. part of the country becomes a vast island ; but as the waters subside tolerable pastures appear here and there, and barren sand banks, covered with saline incrustations, are left exposed. The rest of the surface is hilly, two low moun- tain ranges traversing it E. and W., and ex- hibits traces of volcanic action. Earthquakes are occasionally felt, and in 1819 a severe shock destroyed several hundred lives, and raised a mound of sand and earth several miles in extent, while a corresponding depression took place in the neighborhood. With the ex- ception of a few fertile tracts, the country is sterile and almost destitute of perennial rivers. The agricultural staple is cotton, besides which there are plantations of sugar and of the com- mon grains of India. Timber is scarce, but there are valuable minerals, including -coal, iron, and alum, dutch produces excellent horses, a poor breed of oxen, and numerous sheep and goats. Wild asses are met with in large herds near the Runn. The principal towns are Bhooj, the modern capital, and An- jar. The dominant race is a Rajpoot tribe, under a ruler bearing the title of rao or row, and about 200 chiefs of the same family, each independent in his own district, and who com- pose a general council. CUTCH, Gulf of, an arm of the Arabian sea, running E. N". E. between dutch and the pen- insula of dattywar (Guzerat), 110 m. long, and 25 m. wide at the entrance. It has often been described as very dangerous to navigation, but though full of eddies it is tolerably free from rocks, and there seems to be no reason for re- garding it as peculiarly perilous. CUTCH GUNDAVA, a N. E. province of Be- loochistan, bordering on Sinde and Afghanis- tan, and bounded W. by the Hala mountains, in which is the famous Bolan pass. It lies between lat. 27 40' and 29 50' K, and Ion. 67 20' and 69 20' E. ; length from N. to S. about 150 m., breadth 130 m. ; area, about 10,000 sq. m. ; pop. about 100,000. It consists mainly of a vast arid plain, little cultivated, but in some parts thickly peopled. The S. E. part is occupied by the desert of Shikarpoor, 40 m. in extent, the soil of which is hardened clay, almost destitute of vegetation. The cli- mate is sultry, water is scarce, and the chief productions are bajra and Indian millet. There are some fertile tracts devoted to the cultiva- tion of cotton, sugar, madder, and fruits, dapital, Gundava. CUTHBERT, a saint and bishop of the English , church, born probably in the first quarter of i the 7th century, died March 20, 687, which day is observed as his festival. He was early attracted to the monastic life by the virtues of St. Aidan and his brethren, and was con-