JB/028/122/004

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16)

Common Law.

there can be no preference, no balancing, in the case.
All There is nothing in this rule but what has been
said already in that rule which gives us to und
All we learn in this case sense from the rule is, that
what a disposition which the Law allows not it does
not allow. Moreover it is not probable, that a
man, be he who he may, means ever to dispose of
his property in two different ways at once. Either
therefore his meaning in the case supposed, is to make
such a disposition as the Law disallows, and then there
is an end of it; or rather one which the Law allows,
and then the disallowance of the other it is nothing to the has nothing to do
with [it] this affair purpose. The laws disallowing one of the dispositions
in question, makes affords not in the general and unavoidable
ignorance men are in in general about the matter, any
presumption worth attending to, if the other's having
been that which was intended. The Rule itself, as
usual is all darkness; but the example may serve to throw
a little light upon it. By the example, which I
dare say gave birth to the rule, I am apt disposed vehemently to suspect
that it was made for the purpose of justifying a
little stroke of legal leger-de-main. "As if Tenant
"in Tail lets a lien for life generally, it shall be
"construed for his own life only, for that stands with
"the law; and not for the life of the lessor, which is
"beyond his power to grant. I speak only from conjecture,

Identifier: | JB/028/122/004 "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	004	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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