Entered according to Act of Congress, in the year 1882, by REVIEW PUBLISHING COMPANY,

In the office of the Librarian, of Congress, at Washington.

115

SOUTHERN LAW REVIEW

VOL. VII., N. S.] ST. LOUIS, April, 1881.

[NUMBER I.

THE POWER OF USAGE AND CUSTOM TO CONTROL OR ALTER RULES OF LAW.

II.

In a former paper,' the power of usage and custom to affect legal rules and liability was considered in three cases,

I. In the Case of Common Carriers.

II. In the Law of Insurance.

III. In the Relation of Landlord and Tenant.

In this paper, the discussion there commenced will be extended to the following, viz. : —

IV. In the Relation of Principal and Agent.

V. In the Law of Corporations.

VI. In the Law of Sales.

VII. In the Law of Banks and Banking, and Negotiable and Assignable Paper.

The attention of the reader is directed to the language of courts and judges to the effect that a custom or usage which is contrary to an established rule of law" is never admissible in evidence for the purpose of varying or altering those rules, which was cited at some length in the former paper, and which it is not necessary to repeat. But it may be well to repeat in this place the three divisions into which, as appears to the writer, these "established rules of law," and the cases in which usage and custom have been set 2 Id. 845, 846.

16 South. L. Rev. 845.