Jaina Law Bhadrabahu Samhita

SR No.: 011057
Original Sutra Author: N/A
Author: J L Jaini
Publisher: ZZZ Unknown
Total Pages: 146
Language: English
Classification: Book_English
File Size: 5 MB

Page 107

APPENDIX B.
91
these acts; decisions of Courts, statements of experienced and competent persons of their belief, that such acts were legal and valid. (See 7 Yad. H. Ct R. 250 and 254). As to the antiquits of customs, Grer, C., of the Supreme Court of Calcutta, on thc 21st of Xerember 1831, remarked:
"I admit that a usage for 20 years may raise a presumption in the absence of direct eridence of a usago esisting beyond the period of legal memory."
Ur. S. Roy, in his Customs and Customary Law in British Indio, remarks, at p. 29, as to this: -
“It should be noted that this rule of immemorial antiquity is to be restricted to custom only, and not to usage. As te laro already stated, a usago may be of quite recent growth, ret, if established, will be ralid."
The same learned author, at p. O, sums up the distinction as Inllome:
"Cnstom" and "Usige" are not synonymous. In fact, there is great difference between them. Custom carries with it an idea of great antiquity. One of the essential points of a calid custom is that it must uniformly exist from time immemorial. No such antiqnit is necessary to prore a usage. A usage may be of för recent grorth, and yet may be prored to be valid. The essential condition icgarding its validity is that it must hare "fructuated into maturity" and that it must not be groicing. A usage may grow up within a very short period, but a custom must have a halo of ages and centuries," uniformity and consistency attached to it, in order to bo recognised as such. Veage may be delined to be a aniform practice among a people or class with respect to certain matters or things.
Eren in these days of codes and stntutes, there is still grote ing up pari passi, a body of upgritter larrs, or customs and usages, in every sphere of human activity Thich commands all the reference and obedience of a king-made law. Just look at