451. Reasonableness of custom.

A custom of the country must be reasonable, otherwise it is void1. The reasonableness or unreasonableness of the custom is a question of law for the court, and is not a question of fact2.

The following customs have been held to be reasonable:

  1.  

    (1)     that the tenant should have the away-going crop after the expiration of the term of the tenancy3, and crop one-third of the arable for that purpose4;

  2.  

    (2)     that on a taking from old Lady Day (5 April) the tenant should enter upon the arable at Candlemas (2 February) to prepare for the Lent corn5;

  3.  

    (3)     that