JB/028/158/001

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5)

Common Law. Particular Customs. Rules.
Inserenda

in the party in whose favour: the benefit, which is the
reception receipt of the services consists in the former's performing
acts of a nature serviceable nature to the latter, while the latter, [and in the
latter's forbearing] of course forbeareth to oppose them. Such Of this sort is the Custom of between
Lord and Tenant, of paying Quit-rent, of tilling the Lord's Land, of carrying
corn to be ground at the Lord's Mill, and so
forth.

That by which a custom is legalized, by virtue of which it custom becomes obligatory, is
an act of public power of some judiciary at leat, if not legislative.
An act of power judiciary power is that which
[is ordinarily spoken of] as it is usual to consider as legalizing a custom, serving to legalize a custom because
if it be an act of power legislative, the original
ground of it drops out of sight, and the men look thence
forward to the expression of the act of legislation, viz: to
the laws Statute, as the sole principle and source of obligation.
This then we shall lay out of the question.

This act of Judiciary power may either this judgment
we will call it, may be conceived to be either as the judgement of the a
court exercising an an inferior local jurisdiction, or
of a court exercising a superior and more extensive one general jurisdiction.
The

Consider what is said by the language held by our Author as well as by all
by other technical writers and it appears plainly that
with respect to the Court by whose judgment [which] a custom ws
in their notion to be legalized, was, to use their language,
to be adjudged good viz. good in law, it was this

Identifier: | JB/028/158/001 "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	158	Info in main headings field	common law particular customs - rules
Image	001	Titles
Category	text sheet	Number of Pages	3
Recto/Verso	recto	Page Numbering	b5 / e6 / b7
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9423
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