custody, custodie, custodye

[Lat. custodia, from custos (gen it. custodis )=a guard.] I. Ordinary Language: 1. In the same sense as II. 2. A keeping guard, charge, or guardianship. "Under the custody and charge of the sons of Merari, shall be the boards of the tabernacle."- Numb . iii. 36. *3. Defense, security, protection, preservation. "There was prepared a fleet of thirty ships for the custody of the narrow seas."- Bacon . 4. Imprisonment, restraint of liberty. "What peace shall be given To us enslav'd, is custody severe." Milton: P. L., ii. 332, 333. II. Law : The charge or care of a constable or other legally-authorized officer, to be kept in detention until some accusation has been determined or offense purged. "Warrants had been out against him, and he had been taken into custody,."-Macaulay: Hist . Eng ., ch. xv. cus-tôm, *cos-tom, *cos-tome, *cos-toum, *cos-tume, *cus-tume, *kus-tume, s. [O. Fr. costume, custume ; Fr. coutume ; Ital. costume, cos tum a ; Port. costume ; Low Lat. costuma , from a neut. pl. form, con sue tum in a , from consuetumen =a "Why, thou say'st true; it is a paltry cap, A custard- coffin , a bauble, a silken pie." cus-toc, cus-tock, s . [CASTACK, CASTOск.] A cabbage-stalk. "An' gif the custoc's sweet or sour, Wi' joctelegs they taste them." IMG:content-1635.jpg:[blocks in formation] "The religious earnestne of the young custode."- Corn hill Mag., Oct. 1881, p. 446. cus-to-di-a, s. [Lat. a guard-house; from custos (gen it. custodis ) =a guard.] Ecclesiastical : 1. The shrine in which the host is carried in solemn proce ions; a custodial. for the custodial charges and government "-Lett. to the Bp. of Rochester (1772), p. 2. B. As substantive : Eccl.: A custodia. "The priest then took the custodial , and showed the patient the Corpus Domini within."-C. Reade: Cloister accustom; inchoative form of consueo to be accustomed: con cum with, together, fully, and sueo to be accustomed. Custom is thus a doublet of costume (q. v.).] IMG:content-1636.png:[blocks in formation] they went up to Jerusalem after the custom of the feast."- Luke ii. 42, 4. Familiarity, use, habit, fashion. "Custom, a greater power than nature, seldom fails to make them worship." - Locke. 5. The practice of buying from or dealing with certain persons; a frequenting or applying to for goods, . "You say he is a iduous in his calling, and is he not grown rich by it? Let him have your custom but not your votes."-Add is on. †6. Application from buyers. *7. Tribute, toll, duty. of whom do the kings of the earth take custom or tribute?."- Matt. xvii. 25. II. Technically: 1. Comm.: The duty imposed by law on merchandise imported or exported. The management of the Customs is now incorporated with that of the In IMG:content-1637.jpg:[graphic] land Revenue. "They complain that it is made penal in an officer of the customs to open a box of books from abroad, except in the presence of one of the censors of the pre ."Macaulay: Hist . Eng ., ch. xxi. 2. Law : The common or unwritten law ( lex non script a ) of the country; a law or right not written but established by use from time immemorial, and daily practiced. Custom is either general or particular ; general, that which is current through the entire country; particular or local is that which belongs to this or that state. Custom differs from prescription; for custom is common to more, and prescription is particular to this or that man; pre script i on may be for a far shorter time than custom . sin, as; expect, Xenophon, exist. ph = f. Blair thus distinguishes custom from habit : " Custom respects the action; habit the actor. B custom we mean the frequent repetition of the same act; by habit the effect which that repetition produces on the mind or body. By the custom of walking often in the streets one acquires the habit of idlene ." (1) Crabb thus discriminates between custom and habit : " Custom is a frequent repetition of the same act; habit the effect of such repetition; the custom of rising early in the morning is conducive to the health, and may in a short time become such a habit as to render it no le agreeable than it is useful. Custom supposes an act of the will; habit implies an involuntary movement: a custom is followed; a habit is acquired: whoever follows the custom of imitating the look, tone, or gesture of another is liable to get the habit of doing the same himself: as habit is said to be second nature, it is of importance to guard against all customs to which we do not wish to become habituated : the drunkard is formed by the custom of drinking intemperately, until he becomes habituated to the use of spirituous liquors: the profane swearer who accustoms himself in early life to utter the oaths which he hears will find it difficult in advanced years to break himself of the habit of swearing; the love of imitation is so powerful in the human breast, that it leads the major part of mankind to follow custom oven in ridiculous things; Solomon refers to the power of habit when he says 'Train up a child in the way in which he should go; and when he is old he will not depart from it; a power which cannot be employed too early in the aid of virtue and religion. Custom is applicable to many; habit is confined to the individual; every nation has customs peculiar to itself, and every individual has habits peculiar to his own station and circum stances. " Customary and habitual , the epithets derived from these words, admit of a similar distinction: the customary action is that which is repeated after the manner of a custom ; the habitual action is that which is done by the force of habit ." (Crabb: Eng. Synon.) (2) He thus discriminates between custom , fash ion , manner, and practice : " Custom is authoritative; it stands in the place of law, and regulates the conduct of men in the most important concerns cf life: fashion is arbitrary and capricious, it decides in matters of trifling import; manners are rational: they are the expre ion of moral feelings. Customs are most prevalent in a barbarous state of society; fashions rule most where luxury has made the greatest progre ; manners are most dist in guishable in a civilized state of society. Customs are in their nature as unchangeable as fashions are variable; manners depend on cultivation and collateral circumstances: customs die away or are abolished; fashions pa away, and new ones take their place; manners are altered either for the better or worse Both practice and custom are general or particular, but the former is absolute, the latter relative; the practice may be adopted by a number of persons without reference to each other; but a custom is always followed either by imitation or prescription it may be the practice of a person to do acts of charity, as the occasion requires; but when he uniformly does a particular act of charity at any given period of the year, it is properly denominated his custom ." ( Crabb : Eng . Synon.) (3) For the difference between custom and tax, see TAX; for that between custom and usage , see USAGE. Custom of Merchants: The Lex mercat or i a , a particular system of customs used only among merchants, and relating to bills of exchange, mercantile contracts, freight, insurance of merchandise, ., which, although they differ from the general rules of the common law, are yet engrafted into it, and made a part of it. custom-duties, customs-duties, s. Comm.: The same as CUSTOM, 8., II. 1. custom-house, s. *1. The office of a collector of tribute or toll. IMG:content-1638.png:[blocks in formation] IMG:content-1639.png:[blocks in formation] 4. To exact custom for, to subject to taxation, "That na custumaris of burrow is custume ony salt pa and furth of the real me,..."-Acts, James V., 1524 (ed. 1814), p. 290. B. In trans.: To be accustomed. Spenser: F. Q. "For on a bridge he custom eth to fight." *cus-tom-a-ble, *cus-tum-a-ble, a. [Eng. cus tom ; -able .] 1. Customary, usual, habitual, frequent. the customable use thereof, 44 bk. i., p. 78. ."--Homilies, cut customary court baron. Eng. Law: A court which should be kept within the manor for which it is held. (Wharton.) customary freehold, s. Eng . Law : A land held under the customs of a manor, but not at the will of the lord. It is a superior kind of copyhold. customary tenant, s. Eng . Law : A copyholder who is not subject to the arbitrary will of the lord of the manor, the rights of the latter being defined and abridged by long continued custom which now has the force of law. (Black stone: Comment., bk. ii., ch. 9.) *cus-tomed, a. [Eng. custom; -ed.] 1. Usual, customary, wonted, common, of frequent ccurrence. "No common wind, no customed event." Shakesp.: King John, iii. 4. 2. Accustomed. "Adam wak'd, so custom'd , for his sleep Was aerie light." Milton: P. L., v. 8. 4. 3. Supplied with or frequented by customers. "If a shoemaker should have no shoes in his shop, but only work as he is bespoken, he would be weakly cus- tomed."- Bacon , i. 137. *4. Subject to or charged with custom. "Any goods, wares, or merchandises customed."- Hackluyt Voyages , i. 210. [Eng. customable ; 2. Subject or liable to the payment of custom or duty. " Customable gudes may nocht be caried foorth of the real me, " -Skene . Ind , to Acts , s. v. Customers . *cus-tom-a-ble-ne , s . -ne . 1. Frequency, commonne , customarine . 2. Conformity to custom, 3. Liability to the payment of customs or duty. *cus-tôm-a-bly, adv . [Eng. customab ( le ); -ly .] Customarily, habitually, frequently, commonly. "Works of darkne , not only because they are custom ably in darkne ," . - Homilies , bk. i.; Against Adultery. cus-tom-al, s. [Eng. custom ; -al .] Archæol.: A book descriptive of the customs of a manor or city; a customary. "If our manor court rolls and their custom als were printed very much new knowledge be forthcoming "-Athenœum. *cus-tom-ançe, s. [Eng. custom; -ance.] Cus IMG:content-1640.png:[blocks in formation] common discourse, customarily without con."-Ray: On the Creation, pt. ii.