Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/94

78 5.&ensp; ought to be certain. A cutom, that lands hall decend to the mot worthy of the owner’s blood, is void; for how hall this worth be determined? but a cutom to decend to the next male of the blood, excluive of females, is certain, and therefore good. A cutom, to pay two pence an acre in lieu of tithes, is good; but to pay ometimes two pence and ometimes three pence, as the occupier of the land pleaes, is bad for it’s uncertainty. Yet a cutom, to pay a year’s improved value for a fine on a copyhold etate, is good: though the value is a thing uncertain: for the value may at any time be acertained; and the maxim of law is,.

6.&ensp; though etablihed by conent, mut be (when etablihed) compulory; and not left to the option of every man, whether he will ue them or no. Therefore a cutom, that all the inhabitants hall be rated toward the maintenance of a bridge, will be good; but a cutom, that every man is to contribute thereto at his own pleaure, is idle and aburd, and, indeed, no cutom at all.

7.&ensp; cutoms mut be conitent with each other: one cutom cannot be et up in oppoition to another. For if both are really cutoms, then both are of equal antiquity, and both etablihed by mutual conent: which to ay of contradictory cutoms is aburd. Therefore, if one man precribes that by cutom he has a right to have windows looking into another’s garden; the other cannot claim a right by cutom to top up or obtruct thoe windows: for thee two contradictory cutoms cannot both be good, nor both tand together. He ought rather to deny the exitence of the former cutom

as to the allowance of pecial cutoms. Cutoms, in derogation of the common law, mut be contrued trictly. Thus, by the cutom of gavelkind, an infant of fifteen years may by one pecies