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3)
Common Law – Division of it into Customs and Maxims.
immediately an one that should hear it, as being an expression preposterous
and uncouth expression.
2. By Custom mentioned with reference of many a multitude of persons
we understand an assemblage of such acts either simultaneous
or successive, or both, of the [assemblage of] persons in question,
among which an uniformity, a similarity, is observable:
in other words an assemblage of acts of an assemblage of persons either simultaneous
or successive or both, of the same kind. It
is the custom of Barristers to go in term time to Westminster
Hall. What is it I mean when I say
thus. I mean the same as if I had said that the
any given Barrister's going in Term time to Westminster
Hall is one of an assemblage of acts of the same
description performed by one and the same Barrister
in succession, or by many a multitude of Barristers at once, or
rather as has the expression stands here, by many every one of a multitude of Barristers⊞ ⊞ as well at once as in succession in succession. At the same In like manner With respect to a
Custom in this sense too of the word it is plain that the
acts we suppose it to be made up are not [future] any
of them future, but all past. It would appear a manifest impropriety
were I to say, it is a custom that Barristers
shall go to Westminster hall in term time, [would appear
a manifest impropriety.
Thus much concerning Custom in it's ordinary and popular
signification; in which the acts of which it denotes the
assemblage are all spontaneous, at least for any thing that
results from Law to make them otherwise.
Identifier: | JB/028/131/003 "JB/" can not be assigned to a declared number type with value 28.
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common law division of it into customs and maxims |
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