Formerly where a defendant pleaded a local custom, for iustance, a cus: tom of the city of London, it was necessary for him to “surmise,” that is, to suggest that such custom should be certified to the court by the mouth of the recorder, and without such a surmise the issue was to be tried by the country as other issues of fact are. 1 Burrows, 251; Vin. Abr. 246
Source: Black's Law Dictionary 2nd Ed (1910)
