JB/028/122/001

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13)

Common Law.

"be favourable, and as near the minds and intentions apparent
"intents of the parties, as the rules of Law will permitt".
B.II. Ch.23. p.379. [For this is] Tis our Author's way of giving
us to understand that are there are cases where rules
of Law do not permitt "admitt" the case deed "to be construed
"according to the minds and apparent intents of the parties". There
are rules by which the disposition intended to be
made is a disposition which in itself the law allows
of, yet the Law will not permitt it to take effect
unless such and such particular words be used to
express it, being such as words which were i tnot for that express
appointment of the , which a man must be a
sorcerer to divine, would appear to carry quite another
meaning. Now these rules of Law are want which nobody could
of himself divine, and which consequently every body
stands in need of being told of, are the rules that our
Author should have given us, instead of the collection
of insipid rules he has given us, for which nobody is
the wiser. But that these productions of knavery or pedantic caprice were
invented by the Saxons, or that they are of any other
than comparatively modern origin, is what that of
which the contrary were it worth while would not might easily
enough be be difficult to show make appear.

The His next rule is "that where there is no ambiguity
in the words, the an exposition contrary to the words
is not to be made: as if where there was ambiguity in
the words an exposition ought to be made knowingly against

Identifier: | JB/028/122/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	122	Info in main headings field	common law
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b13 / e14 / b15 / e16
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9387
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