Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/91

§. 3. the eldet on only of the father hall ucceed to his inheritance, but all the ons alike: and that, though the ancetor be attainted and hanged, yet the heir hall ucceed to his etate, without any echeat to the lord.—Such is the cutom that prevails in divers antient boroughs, and therefore called borough-englih, that the younget on hall inherit the etate, in preference to all his elder brothers.—Such is the cutom in other boroughs that a widow hall be intitled, for her dower, to all her huband’s lands; whereas at the common law he hall be endowed of one third part only.—Such alo are the pecial and particular cutoms of manors, of which every one has more or les, and which bind all the copyhold-tenants that hold of the aid manors.—Such likewie is the cutom of holding divers inferior courts, with power of trying caues, in cities and trading towns; the right of holding which, when no royal grant can be hewn, depends entirely upon immemorial and etablihed uage.—Such, latly, are many particular cutoms within the city of London, with regard to trade, apprentices, widows, orphans, and a variety of other matters. All thee are contrary to the general law of the land, and are good only by pecial uage, though the cutoms of London are alo confirmed by act of parliament.

this head may mot properly be referred a particular ytem of cutoms ued only among one et of the king’s ubjects, called the cutom of merchants or : which, however different from the general rules of the common law, is yet ingrafted into it, and made a part of it ; being allowed, for the benefit of trade, to be of the utmot validity in all commercial tranactions: for it is a maxim of law, that “.”

rules relating to particular cutoms regard either the proof of their exitence; their legality when proved; or their uual method of allowance. And firt we will conider the rules of proof. Rh