Custom, in English Law. This is either general or particular. For the principal doctrines relating to general customs, see COMMON LAW. In order to establish particular customs as law, they must be proved by verdict of a jury, except the custom of the city of London, which is proved by certificate by the lord mayor, aldermen, and recorder. A particular custom must, like a general custom, be established as in force for a time whereof the memory of man runneth not to the contrary. A custom must have been uninterrupted and peaceable, reasonable, and certain; compulsory—i.e. not in the option of every person whether he will use it or not—and consistent with other customs.
The customs and usages of England were adopted by the United States government at its foundation as far as applicable to the condition of the country, and have the effect of positive law. They cannot be set aside by implication, but only by statutes. Customs and usages are frequently invoked in the interpretation of positive law, particularly when a conservative interpretation is required. A marked instance of this is found in the interpretation of generic words used in the federal and state constitutions and laws, so as to deprive women citizens of the right to the elective franchise in a government founded upon equality of citizenship, and to restrict their industrial sphere. See CUSTOMS DUTIES.