JB/028/157/004

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4)

Common Law. Particular Customs. Rules.
Inserenda

Interested therefore In an Interested therefore in every act therefore of power therefore legalizing a custom
as in every other act of power there are two parties.
Interested therefore in the observance of every custom
there are two parties; a party at whose expence it is
observed and a party in whose favour. Whenever the
word custom therefore is introduced in any legal discourse,
two parties at least it must be considered as
relating to.⊞ ⊞ A custom to subsist to any legal purpose, to be taken notice of by the law, must be the custom not of one person only, or of a set of persons of one description; but of two persons at least, or two sets of persons of two different descriptions. It must be considered as an two different assemblage
of acts or of forbearances; an assemblage of acts of forbearances
of two different persons or sets of persons.

A custom according to the nature of the benefit derived
from it is either active in the party in whose
favour it subsists, and passive in the party at whose
whose expence: or active in the latter party at whose expence
it subsists, and passive in the former party in whose
favour. The one or the other is the case, according
as the benefit results from property, or from services:
from property in a thing, or from services
of a person. A p Custom of which the benefit
results from property in a thing, is active in the
party in whose favour it subsists, and passive in
the party at whose expence: the property of benefit
which is the enjoyment of the property consists in the
formers exercising acts of property ownership, [and in the latter's while at the same time that the
forbeareth forbearing] to oppose them.⊞ ⊞ Of this sort is Custom, the such, that the act of power legalizing it confers a right of any the entire property of a portion of substance for instance or the a field a house; or a partial property in it as a right of any one pasture in, of way over the field: a right of building sheds, of nailing trees against the house. A custom of which the
benefit in results from services of a person, is active
in the party at whose expence it subsists, and

Identifier: | JB/028/157/004 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	157	Info in main headings field	common law particular customs - rules
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9422
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