in medicine, is the assigning a proper and adequate remedy to the disease, from an examination of its symptoms, and an acquaintance with the virtues and effects of the materia medica.

in law, is a title acquired by use and time, and allowed by law; as when a man claims any thing, because he, his ancestors, or they whose estate he hath, have had or used it all the time, whereof no memory is to the contrary: or it is where for continuance of time, ultra memoriam hominis, a particular person hath a particular right against another.

There is a difference between prescription, custom, and usage.

Prescription hath respect to a certain person, who by intendment may have continuance for ever; as for instance, he and all they whose estate be hath in such a thing, this is a prescription: but,

Custom is local, and always applied to a certain place; as, time out of mind there has been such a custom in such a place, &c. And prescription belongeth to one or a few only; but custom is common to all.

Usage differs from both, for it may be either to persons or places; as to inhabitants of a town to have a way, &c.

A custom and prescription are in the right; usage is in the possession; and a prescription that is good for the matter and substance, may be bad by the manner of setting it forth; but where that which is claimed as a custom, in or for many, will be good, that regularly will be so when claimed by prescription for one.

Prescription is to be time out of mind; though it is not the length of time that begets the right of prescription, nothing being done by time, although every thing is done in time; but it is a presumption in law, that a thing cannot continue so long quiet, if it was against right, or injurious to another.