JB/028/160/002

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4)

Common Law. Particular Customs. Rules.

qualities in a custom, we must explain a little more
particularly than has been done hitherto (recapitulate
with some additions what has been said relative to] the
legalizing of a custom.

The first quality which according to our Author a custom must possess in order to be
legal, that is fit to be legalized by a judgment of a
superior Court is, that of being immemorial. To use
our Authors words, That it have been used so long, that
the memory of man runneth not to the contrary. So that
"if any one" continues he, can shew the beginning of it,
"it is no good custom. For which reason no custom can
"prevail against an express act of Parliament; since the
"Statute itself is a proof of a time when such a custom
"did not exist."

Thus for our Author: the circumstance In this circums quality consider'd
as a requisite to the validity of a custom, there is something
very remarkable. It is plain it could not have
been deemed so from the first: for at this rate no custom
could have been ever legalized. What one should be very
glad to know therefore, were it possible, is, when this requisite to the validity
of a custom first came to be made so. This is a
matter I shall leave to the enquiries of the curious. Howsoever
this be, the full establishment of such a rule makes
a very important epoch in our legal polity. Tis 'Twas under
the favour of the confusion occasioned by men's not distinguishing between a custom purely
spontaneous and a custom render'd compulsory (whether
originally in it's origin so or not) by the an act practise of the local jurisdiction,
tis by this means I say, I should apprehend it seems probable
the the requisition was establishment of it was effected. They began we

Identifier: | JB/028/160/002 "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	160	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	b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9425
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