cus 
For example, let the equation of an indeter- 
minate degree be a®” ‘ a: = If w = 2, 
a X will be equal to y\ If m=z. 3, then wdll 
y\ If m zx 4, then will a^xzx y\ 
&c . ; all which curves are said to be of the 
same family. The equations, however, by 
which the families of curves are defined, 
must not be confounded with transcendental 
ones ; though with regard to the whole 
family they be of an indeterminate de- 
gree, yet with respect to each several 
curve of the family they are determinate ; 
whereas transcendental equations are of an 
indefinite degree with respect to the same 
curve. 
CUSCUTA, in botany, a genus of the 
Tetrandria Digynia class and order, Na- 
tural order of Convolvuli. Essential cha- 
racter : calyx four-cleft ; corolla one-petal- 
led ; capsule two-celled. There are four 
species. These are parasitical plants, fas- 
tening themselves to, and drawing their 
nourishment from others. C. Europffia, 
common dodder, is a native of Europe, in 
the hedges, &c. usually on bushes and the 
loftier plants, as hops, brambles, woody 
nightshade, fern, thistles, hemp; also bn 
flax, nettles, clover grass, &c. flowering in 
July and August. 
CUSSONIA, in botany, so called in me- 
moi-y of Cusson, a celebrated botanist ; 
genus of the Pentandria Digynia class and 
order. Natural order of Araliae. Essen- 
tial character : petals three-cornered ; mar- 
gin of the receptacle dilated into a five- 
toothed calyx. There are two species, viz. 
C. thysiflora and C. spicata, both natives of 
the Cape of Good Hope. 
CUSTOM, a very comprehensive term, 
denoting the manners, ceremonies, and fa- 
shions of a people, which having turned 
into a habit, and passed into use, obtains 
the force of laws ; in which sense it implies 
such usages as, though voluntary at first, 
are yet, by practice, become necessary. 
Custom is hence, both by lawyers and 
civilians, defined lex non scripta, a law, or 
right, not written, established by long 
usage, and the consent of our ancestors ; in 
which sense it stands opposed to the lex 
scripta, or the written law. 
As no law can bind people without their 
consent, so, wherever that is had, and a 
certain rule used as a law, such rule gives 
it the force of a law ; and if it be universal, 
then it is common law ; but if restrained to 
this or that particular place, it is cus- 
tom. 
Custom had its begiiming, and received 
CUS 
the sanction of the law, thus : when a rea- 
sonable act, once done, was found to be' 
beneficial to the people, then they had fre- 
quent recourse to it; and by repetitions 
thereof, it became a custom, which being 
continued ultra tritavum, time out of mind, 
without any interruption, it obtained the 
power of a law, and binds the places, per- 
sons, and things concerned therein. 
All customs ought to have a reasonable 
commencement, be certain, not ambiguous, 
have uninterrupted continuance, and not be 
against the King’s prerogative : these are in- 
cidents inseparable : yet a custom is not un- 
reasonable for being injurious to private' 
persons and interest, so as it tends to the 
general advantage of the people : but if 
any custom be contrary to the public good, 
or if it injures a multitude, and benefits 
only some certain persons, such a custom is 
repugnant to the laws of reason, and con- . 
sequently void. Custom must always be 
alleged in many persons ; and so it may be 
claimed by copyholders, or tlie inhabitants 
of a place, as within such a county, hun- 
dred, city, borough, manor, parish, &c. 
but regularly they shall not allege a custom 
against a statute : nor may custom be 
pleaded against custom ; though acts of par- ' 
liaraent do not always take away the force 
of customs. The general customs used 
throughout England being tlie common law, 
are to be determined by the judges, who 
can over-rule a custom that is against natu- 
ral reason, &c, ; but particular customs are 
determinable by jury. See Piiescription. 
Custom of London. It is a custom of 
London, that whex-e a person is educated 
in one trade, he may set up another ; that 
where a woman uses a trade without her 
husband, she is chargeable alone, as a. feme 
sole merchant, and, if condemned, shall be 
put in prison till she pays the debt ; like- 
wise the bail for her are liable if she absent 
herself, and the husband, in these cases, 
shall not be charged. If a debtor be a fu- 
gitive, by the custom of London he may 
be arrested before the day, in order to find 
better security, &c. These are Customs of 
tliis city, different from those of other places. 
Custom of merchants. If a merchant 
gives a character of a stranger to one who 
sells him goods, he may be obliged to sa- 
tisfy the debt of the stranger for the goods 
sold, by the custom of merchants. And 
when two persons are found in arreai s, up- 
on an account grounded on tlie custom of 
merchants, either of them may be charged 
to pay the whole SHin due, &c. 
