CUSTOMARY ESTATES

Estates which owe their origin and existence to the custom of the manor in which they are held. 2 Bl. Comm. 149.

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CUSTODIA LEGIS

In the custody of the law. Stockwell v. Robinson, 9 Houst. (Del.) 313, 32 Atl. 528.

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CUSTODIAL CARE

the extended care that is given in a nursing home by skilled nursing facilities.

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CUSTODIAM LEASE

In English law. A grant from the crown under the exchequer seal, by which the custody of lands, etc., seised in the king’s hands, is demised or committed to some person as custodee or lessee thereof. Wharton.

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CUSTODIAN

An AGENT that performs various duties on behalf of a client, including holding securities in safe CUSTODY, executing financial transactions under specific instructions, and collecting periodic CASH FLOWS from investments.

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CUSTODY

The care and keeping of anything; as when an article is said to be Òin the custody of the court.Ó People v. Burr, 41 How. Prac. (N. Y.) 296; Emerson v. State, 33 Tex. Cr. R. 89, 25 S. W. 290; Roe v. Irwin, 32 Ga. 39. Also the detainer of a manÕs person by virtue of lawful process or authority; actual imprisonment. In a sentence that the defendant Òbe in custody until,Ó etc., this term imports actual Imprisonment. The duty of the sheriff under such a sentence is not performed by allowing the defendant to go at large under his general watch and control, but so doing renders him liable for an escape. Smith v. Com., 59 Pa. 320; Wilkes v. Slaughter, 10 N. C. 210; Turner v. Wilson, 49 Ind. 581; Ex parte Powers (D. C.) 129 Fed. 985.

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CUSTODY OF CHILDREN

the term applied to the care and control of minors that are awarded by the court to one parent during a separation or divorce proceedings.

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CUSTODY OF THE LAW

Property is in the custody of the law when it has been lawfully taken by authority of legal process, and remains in the possession of a public officer (as, a sheriff) or an officer of a court (as. a receiver) empowered by law to hold it. Gilman v. Williams. 7 Wis. 334, 76 Am. Dec. 219; Weaver v. Duncan (Tenn. Ch. App.) 56 S. W. 41 ; Carriage Co. v. Solanes (C. C.) 108 Fed. 532; Stockwell v. Robinson, 9 Houst. (Del.) 313. 32 Atl. 528; In re Receivership, 109 La. 875, 33 South. 903.

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CUSTOM

A usage or practice of the people, which, by common adoption and acquiescence. and by long and unvarying habit, has become compulsory, and has acquired the force of a law with respect to the place or subject-matter to which it relates. Adams v. Insurance Co., 95 Pa. 355. 40 Am. Rep. 602; Lindsay v. Cusiuiano (C. C.) 12 Fed. 504; Strother v. Lucas, 12 Pet. 445, 9 L. Ed. 1137; Minis v. Nelson (C. C.) 43 Fed. 779: Panaud v. Jones, 1 Cal. 49S; Hursh v. North, 40 Pa. 241. A law not written, established by long usage, and the consent of our ancestors.

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