Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/279

 Ch. 17.

method of acquiring real property by purchae is that by precription; as when a man can hew no other title to what he claims, than that he, and thoe under whom he claims, have immemorially ued to enjoy it. Concerning cutoms, or immemorial uages, in general, with the everal requiites and rules to be oberved, in order to prove their exitence and validity, we enquired at large in the preceding part of thee commentaries. At preent therefore I hall only, firt, ditinguih between cutom, trictly taken, and precription; and then hew, what ort of things may be precribed for.

, firt, the ditinction between cutom and precription is this; that cutom is properly a local uage, and not annexed to any peron; uch as, a cutom in the manor of Dale that lands hall decend to the younget on: precription is merely a peronal uage; as, that Sempronius, and his ancetors, or thoe whoe etate he hath, have ued time out of mind to have uch an advantage or privilege. As for example: if there be a uage in the parih of Dale, that all the inhabitants of that parih may dance on a certain cloe, at all times, for their recreation; (which is held to be a lawful uage) this is trictly a cutom, for it is applied to the place in general, and not to any particular perons; but if the Rh