tesy is due to the husband rather as father to the heir, than as husband to an heiress, conformable to the Roman law which gives to the father the usufruct of what the child succeeds to by the mother, Ersk. Pr. L. Scot. B. 2, t. 9, s. 30.

CURTESY, vide Estate by the curtesy.

CURTILAGE, estates, is the space situated within a common enclosure belonging to a dwellinghouse. Vide 2 Roll. Ab. 1, 1. 30; Com. Dig. Grant, (E 7), (E 9); Russ. & Ry. 360; Ib. 334, 357; Ry. & Mood. 13; 2 Leach, 913; 2 Bos. & Pull. 508; 2 East, P. C. 494; Russ. & Ry. 170, 289,322; 22 Eng. Com. Law R. 330; 1 Ch. Pr. 175; Shep. Touchs. 94.

weight in its construction, for the manner in which a law has always been executed is one of its modes of interpretation. Vide Bac. Ab. h. t. ; 1 Bl. Com. 76; 2 Bl. Com. 31; 1 Lill. Reg. 516; 7 Vin. Ab. 164; Com. Dig. h. t.; Nelson's Ab. h. t. ; the various Amer. Dig. h. t.; Ayl, Pand. 15, 16; Ayl. Parerg. [194]; Doct. Pl. 201; 3 W. C. C. R. 150; 1 Gilp. 486; Pet. C. C. R. 230; 1 Edw. Ch. R. 147; 1 Gall. R. 443; 3 Watts, R. 178; 1 Rep. Const. Ct. 303, 308; 1 Caines, R. 45; 15 Mass. R. 433; 1 Hill, R. 270; Wright, R. 573; 1 N. & M. 176; 5 Binn. R. 287; 5 Ham. R. 436; 3 Conn. R. 9; 2 Pet. R. 148; 6 Pet. R. 715; 6 Porter, R. 123; 2 N. H. Rep. 93; 1 Hall, R. 612; 1 Hall & Gill, 239; 1 N. S. 192; 4 L. R. 160; 7 L. R. 529; Ib. 215.

CUSTOM-HOUSE. A place appointed by law, in ports of entry, where importers of goods, wares and merchandise are bound to enter the same, in order to pay or secure the duties or customs due to the govern.

CUSTOMS. This term is usually applied to those taxes, which are payable upon goods and merchandise imported or exported. Story, Const. § 949; Bac. Ab. Smuggling.

CUSTODY, is the detainer of a person by virtue of a lawful authority. To be in custody is to be lawfully detained under arrest. Vide 14 Vin. Ab. 359; 3 Chit. Pr. 355. In another sense custody signifies having the care and possession of a thing; as, the chancellor is entitled to the custody as the keeper of the seal.ment. CUSTOM. A usage which has acquired the force of law. A custom derives its force from the tacit consent of the legislature and the people. It follows, therefore, there can be no custom in relation to a matter regulated by law. 8 M. R. 309. Law cannot be established or abrogated except by the sovereign will, but this will may be express or implied and presumed; and whether it manifests itself by words or by a series of facts, is of little importance. When a custom is public, peaceable, uniform, general, continued, reasonable and certain, and has lasted "time whereof the memory of man runneth not to the contrary," it acquires the force of law. And when any doubts arise as to the meaning of a statute, the custom which has prevailed on the subject ought to have

CUSTOS ROTULORUM, Eng. law. The principal justice of the peace of a county, who is keeper of the records of the county. 1 Bl.Com, 349.

TO CUT, crim. law, is to wound with an instrument having a sharp edge. 1 Russ, on Cr, 597. Vide To Stab; Wound.

CY PRES, construction. These are old French words which signify as near as. In cases where a perpetuity is attempted in a will, the courts do not, if they can avoid it, construe the devise to be utterly void, but expound the will in such a manner as to carry the testator's

intentions into effect, as far as the Dig. Condition, (L 1); 1 Rop. Leg.

D.

DAMAGED GOODS, in the language of the customs, are goods subject to duties, which have received some injury either in the voyage home, or in the bonded ware-houses. See Abatement, merc. law.

which animals belonging to another | R. 213; 10 John. R. 1; 14 John. R. do upon the owner's land, by feeding 170; 15 John. R. 24; but contrary there, treading down his grass, corn, decisions have taken place, 3 Caines, or other production of the earth. 3 R. 219; 4 Hayw. R. 112; and see 4 Bl. Com. 6; Co. Litt. 142, 161; Mass. R. 115; 1 T. R. 31; 4 T. R. Com. Dig. Pleader, 3 M 26; vide 582. In cases of eviction, the meaAnimals. sure of damages is generally the consideration money, with interest, and costs, and no more. Vide Eviction. This seems not, however, to be the universal rule in the United States. 3 Mass. R. 523; 4 Mass. R. 108; 1 Bay, R. 19, 265; 3 Dess. Eq. R. 247. Damages for tortious acts are given for acts against the person, as an assault and battery; against the reputation, as libels and slander; against the property, as, trespass, when force is used, or for the consequential acts of the tort-feasor; as, when in consequence of a man building a dam on his own premises, he overflows his neighbour's land; against the relative rights of the party injured, as, criminal conversation with his wife. No settled rule or line of distinction can be marked out when a possibility of damages shall be accounted too remote to entitle a party to claim a recompense: each case must be ruled by its own circumstances. Ham. N. P. 40; Kames on Eq. 73, 74. Vide 7 Vin. Ab. 247; Yelv. 45, a; Ib. 176, a; Bac. Ab. h. t.; 1 Lilly's Reg. 525; Domat, liv. 3, t. 5, s. 2, n. 4; Toull. liv. 3, n. 286; 2 Saund. 107, note; 1 Rawle's Rep. 27; Coop. Just. 606; Com. Dig. h. t.

DAMAGES, practice. The indemnity given by law, to be recovered from the wrong doer by a person who has sustained an injury, either in his person, property or relative rights, in consequence of the acts of another. Damages are given either for breaches of contracts or for tortious acts. Damages for breach of contract may be given, for example, for the non-performance of a written or verbal agreement; or of a covenant to do or not to do a particular thing. As to the measure of damages the general rule is, that the delinquent shall answer for all the injury which results from the immediate and direct breach of his agreement, but not from any remote consequences. In cases of eviction, on a covenant of seisin and warranty, the rule seems to be to allow the consideration money with interest and costs. But in Massachusetts, on the covenant of warranty the measure of damages is the value of the land at the time of eviction. 4 Kent's Com. In cases of loss of goods which 462, 3, and the cases there cited. In have been insured from maritime estimating the measure of damages dangers, when an adjustment is made, sustained in consequence of the acts the damages are settled by valuing of a common carrier, it frequently the property, not according to prime becomes a question whether the value cost, but at the price at which it may of the goods at the place of embarca- be sold at the time of settling the tion or the port of destination is the average. Marsh. Ins. B. 1, c. 14, s. rule to establish the damages sustain-2, p. 621. See Adjustment; Price. ed. It has been ruled that the value DAMAGES ON BILLS OF EX

at the port of destination is the proper CHANGE, contracts, is a penalty criterion. 12 S. & R. 186; 8 John. affixed by law on the non-payment

of a bill of exchange when it is not paid at maturity, and which the parties to it are obliged to pay to the holder. The discordant and shifting regulations on this subject which have been enacted in the several states render it almost impossible to give a correct view of this subject.

The following abstract of the law of most of the United States, will be acceptable to the commercial lawyer. Alabama. 1. When drawn on a person in the United States. By the act of January 15, 1828, the damages on a protested bill of exchange drawn on a person, either in this or any other of the United States are ten per cent. By the act of December 21, 1832, the damages on such bills drawn on any person in this State, or upon any person payable in New Orleans, and purchased by the Bank of Alabama or its branches, are five per cent.-2. Damages on protested bills drawn on persons out of the United States are twenty per cent.

limits of the United States, not hereinbefore expressed, at the rate of five per centum on the principal sum specified in the bill; fourth, if the bill shall have been drawn on any person, and payable at any port or place be yond the limits of the United States, at the rate of ten per centum on the sum specified in the bill.-2. And, by the 8th section of the same act, if any bill of exchange, expressed to be for value received, and made payable to order or bearer, shall be drawn on any person at any place within this state, and accepted and protested for non-payment, there shall be allowed and paid to the holder, by the acceptor damages in the following cases; first, if the bill be drawn by any person at any place within this state, at the rate of two per centum on the principal sum therein specified; second, if the bill be drawn at any place without this state, but within the limits of the United States, at the rate of six per centum on the sum Arkansas. 1. It is provided by therein specified: third, if the bill be the act of February 28, 1838, s. 7, drawn on any person at any place Ark. Rev. Stat. 150, that "every bill without the limits of the United States, of exchange expressed to be for value at the rate of ten per centum on the received, drawn or negociated within sum therein specified. And, by sect. this state, payable after date, to order 9, in addition to the damages allowed or bearer, which shall be duly pre- in the two preceding sections to the sented for acceptance or payment, holder of any bill of exchange proand protested for non-acceptance or tested for non-payment or non-acnon-payment, shall be subject to dam-ceptance, he shall be entitled to costs ages in the following cases: first, if the bill have been drawn on any person at any place within this state, at the rate of two per centum on the principal sum specified in the bill: second, if the bill shall be drawn on any person, and payable in any of the states of Alabama, Louisiana, Mississippi, Tennessee, Kentucky, Ohio, Indiana, Illinois and Missouri, or any point on the Ohio river, at the rate of four per centum on the principal sum in such bill specified; third, if the bill shall have been drawn on any person, and payable at any place within the

of protest, and interest at the rate of ten per centum per annum, on the amount specified in the bill, from the date of the protest until the amount of such bill shall be paid."

Connecticut. 1. When drawn on another place in the United States. When drawn upon persons in the city of New York, two per cent. When in other parts of the State of New York, or the New England states (other than this), New Jersey, Pennsylvania, Delaware, Maryland, Virginia, or the District of Columbia, three per cent. When on persons in