What is Custom ??? What is the Requirements of a Valid Local Custom as a Source of Law

What is Custom

The law-making was not the business of the kings. law of the country was to be found in the customs of the people which developed spontaneously according to
circumstances. it was felt that a particular way of doing things was more convenient then others when the same things was done again and again in a particular way, it amused the form of custom. custom is the embodiment of those principles which have commended themselves to the national conscience as the principles of justice and public utility. Custom is a rule of conduct which the governed observed spontaneously and not in pursuance of law set by a political superior. Custom is a generally observed course of conduct.
According to this discussion , here it is very importan to describe that there are also some kinds of custom which are mention now.

Legal Custom:
 A legal custom is one whose legal authority is absolute, one ehich in itself and purpose vigore possesses the force of law. some also kinds of legal custom:
General custom: are those which have the force of law throughout the territory. the common law of England is based upon general customs of the realm.
Local custom: the local custom are those which operate or have the force of law in a particular locality. the authority of a local custom is higher than that of general custom.

Conventional custom:
A custom is one whose authority is conditional on its acceptance and incorporated in the agreement between the parties to be bound by it. there is process by which conventional usage
comes to have the force of law.

Some certain conditions must be satisfied before a Court is entitled to incorporate the usage into contracts:
1-the usage must be so well-established as to be notorious.
2-the usage must be reasonable.
3-usage cannot alter the general law of the land.

for examples, the law of negotiable instruments before it was embodied in the statute, was a part of the law merchant, which is conventional custom.Besides it , there are some requirements of a valid custom which are most important and essential for the society.

Immemorial: a custom to be valid must be proved to be immemorial , a custom in order that it may be legal and binding, must have been used so long that the memory of man
runneth not to the contrary,  so that if anyone can show the beginning of it, it is no good custom.

Reasonable: another essential of a valid custom is that it must be reasonable. the unreasonableness of custom must be so great that its enforcement results in greater
harm thatn if there were no custom at all.

Continuous: a custom must not continuously observed and if it has not been continuously and uninterruptedly observed, he presumption is that it never existed at all.

Peaceable Enjoyment: the enjoyment of a custom must be a peaceable one.
Custom is the source of law and not law itself. customs are not positive laws until their existence is recognized by the decisions of the courts. all custom cannot be attributed to the common consciousness of the people. in many cases, customs have arisen on account of the convenience of the ruling class. customs are not laws when they arise but they are largely adopted into laws by state recognition.