The Law of Usages And Customs; a Treatise Wherein is ... Pointed Out When And to What Extent Usages And Customs May Be Set Up As a Defence, And How, As a Matter of Evidence, Their Existence Will Control, Vary, Or Explain Writings And Agreements
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Loder, 11 193. Ad. & E. 599 ; Sotilichos v. Kemp, 3 2 Hutchinson v. Bowker, 5 M. & W. E.xch. 105. (i) 1 Dougl. 2U7 ; 1 Smith's Lea. Cas. (sixth ed.) 539. ADMISSIBILITY OP THE PROOF OF THESE. 61 and accustomed, and of right ought to have, take and enjoy to his own use, and to reap, cut and carry away, when ripe and fit to be reaped and taken away, his 'way-going crop ; that is to say, all the corn growing upon the said lands, which hath before the expiration of such term been sown by such tenant... upon any part of such lands not exceeding a reasonable quantity thereof in proportion to the residue of such lands, according to the course and usage of husbandry in the same parish, and which hath been left standing and growing upon such lands at the expiration of such term of years." The jury found the custom in the words stated. An arrest of judgment was afterwards moved, on the ground that such a custom was repugnant to the terms of the deed ; and a rule to show cause was granted, and three objections were urged on behalf of the defendants : 1.
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