In those things which by common right are conceded to all, the custom of a particular district or place is not to be alleged.

Explanation

(English-origin maxim.) A local custom cannot override a universal common-law right — cite this to defeat a municipality's claim that its local practice trumps a right available to all citizens by common right.

Where this applies

• A town passes an ordinance banning door-to-door solicitation, but a traveling salesman argues the ban cannot override his common-law right to engage in lawful commerce enjoyed by all citizens.
• A coastal city tries to restrict public access to a beach by citing a local tradition of private use, but the court rules the public's common-law right to use navigable shores cannot be defeated by local custom.
• A county clerk refuses to issue a permit by citing a local policy, but the applicant shows the activity is a right available to all by common law and no local rule can take it away.