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3)
laid before them. If then the shewn to me
the word "by" was to be used in both cases, what he
should have said that in the 1st case the m it is a Jury
that the custom is to be tried by a Jury, in
the 2d case by the Judges Judges of the superior Court,
to upon certificate, [that is taking for evidence the
certificate] as above mentioned. In the first case it
is the Jury who are to try the point, taking such
evidence as is happens to be offer'd them: In the 2 second, it is the
Judges, taking for evidence such certificate, and nothing
more.
"Where a custom is actually proved to exist" continues our Author, "the next
enquiry is into the legality of it; for if it is not a
"good custom it ought to be no longer used. 'Malus
'usus abolendus est'" is an established maxim of the
"Law".
More shifting of signification. If it is not a good custom,
it ought not to be no longer used"... Here good
means deserving of approbation: the inference is that
if good it ought not to be constituted legal, or obligatory,
binding, which is the same thing, valid. To make a particular
custom good, – the following the following are necessary
requisites. Here good means valid, as is
manifest from considering what are these requisites.
These are that it be 1st immemorial, 2dly, continued,
3dly peaceable, 4thly reasonable, 5thly certain, 6th compulsory,
7thly consistent with other customs.
Here however se must make a pause: and before
we proceed to the examination of the respective rules exactly these
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Identifier: | JB/028/160/001 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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160 |
common law particular customs - rules |
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001 |
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text sheet |
2 |
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recto |
b3 / e4 |
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jeremy bentham |
[[watermarks::[monogram]]] |
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9425 |
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