JB/028/159/002

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2)

"the existence of such customs must be shewn particularly
" shewn, as that the thing in dispute is within
"the custom alleged. The trial in both cases both
"(to shew the existence of the custom, as "that in the
"manner of Dale lands shall descend only to the "heirs
"male, and never to the heirs female"; and also to
"shew that the lands in question are within that manor)
"is by a Jury of a twelve men, and not by the Jduges,
except that the same particular custom has been before
tried, determined and recorded in the same court.

The customs of London differ from all others in
point of trial: for it the existence of the Custom be
brought in question, it shall not be tried by a Jury,
but by certificate from the Lord Mayor and Aldermen
by the mouth of their Recorder; unless it be
such a custom as the corporation is itself interested
in, as a right of taking toll, &c. for then the
Law permits them not to certify in their own behalf.
"If the existence⊞ ⊞ Insert Inserenda, p.2. No 3. if the custom be brought in question"
says our Author; that is he means if it be brought in
question in any of the superior National Courts⊞ ⊞ then the certificate is to be made to the superior Court in question in the manner that he mentions: but what if
it be brought in question in the City Courts themselves? no
such certificate certain is given then.

In the next place it is curious to observe how the
word "by", in the same line has has, in the course of a single line shifted its signification.
In the expression "by a Jury", the it expresses intimates,
points to a person the persons of the heirs. In the expression, "by
"a certificate" it points to the a thing the piece of evidence that is to be given

Identifier: | JB/028/159/002 "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	159	Info in main headings field	common law particular customs - rules
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	b1 / e2
Penner	jeremy bentham	Watermarks	[[watermarks::[britannia emblem]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9424
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