JB/028/161/002

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6)

Common Law. Particular Customs. Rules

humbling subordinate authorities in favour of that of the
Crown, all or any of these might have contributed to [such
a system of conduct] determine them to such measure recommend to them such a measure.

What is remarkable is, it is the want of regularity and consistency in the inferior jurisdictions most could have prevented this blow from being
so severe upon them as it might have been otherwise.
Had the in them been regularly any regular and instructive memorials been taken
of their proceedings the origin of every course of decision
must have appeared. No decision of course could have
appeared but it must have been invalidated appeared to be of no force. But
as this was not the case, but the epoch of the first
decision [giving origin or legality to] nor to a custom in pays forming a custom
in pays or giving legality to one already formed, being
involved in the same obscurity as that of the first
act of a custom purely spontaneous, the authority the former
of these of these sorts preserved some
sort of influence by the same means as custom the latter.
in pays did that were purely spontaneous

That the proceedings of these local tribunals were originally to the
last degree irregular and obscure is very plain.
Customs burthensome bearing so hard upon the party
burthen'd as customs do that are relative to the successor to entire estates
could never as we have remarked, have been in their origin spontaneous.

Tis by an act of some local tribunal They must have been established. Such an act then
a custom of this sort must have had for a the beginning
of it". If then this act could have been shewn, the
custom according to our Author could not⊞ ⊞ at any time since the establishment of this requisite, have been
good. But Customs of this sort we know of, that
have been held good and passed since then unquestioned.

Identifier: | JB/028/161/002 "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	161	Info in main headings field	common law particular customs - rules
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9426
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