JB/028/125/004

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28)

Common Law.

To make a particular custom good, the following, he
says, is one among a number of "requisites" that are
"necessary. That it have been used so long, that the memory
"of man runneth not to the contrary. So that, if any one
"can shew the beginning of it, it is no good custom. For
which reason no custom can prevail against an express
Act of Parliament". Why? because "the Statute itself", he
says, "is a proof of a time when such a custom did not
exist".‡ ‡ p.77. It may be alleged observed in his behalf that the customs
of which this is said, are "particular customs": that and that
to particular customs therefore the application of it is confined. This is true,
but the only reason why it is so seems to be, that it
was only particular customs only those were the only ones he happen'd at that
time to be treating of. No reason is given Why particular
customs and general ones should be on a different footing
in this respect no reason is assigned given: and nor will any one I
believe who has read what he has said of the immemoriality
of General customs† † p.67 will see reason to conclude
but that what said by any thing he has said [in this passage] here of the a particular customs
to mean it was his meaning to make any distinction in
this respect between that them and a general ones. The same
phrase which he uses to intimate the immemoriality
they ought to have, viz: that they ought to be such "whereof
"the memory of men runneth not to the contrary", this
same phrase which he applies to particular customs
here, he had applied to general ones there.

Identifier: | JB/028/125/004 "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	125	Info in main headings field	common law
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b25 / e26 / b27 f27 / e28
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9390
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