JB/028/162/001

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9)

Common Law. Particular Customs. Rules

Evidence which applies to the place in question no otherwise
than in common with the rest of the Kingdom, how ever
strong, must if we would support any custom at all,
necessarily be rejected. If this distinction is not a
just one, I know of no other that can be made.

Here it is that our Author takes occasion to inform
us that no Custom can prevail against an [express]
act of Parliament: for this reason of all others, that the
Statute against which the custom might be supposed
to prevail is a proof of it's wanting the requisite of
immemoriality.

Now the plain reason why an a custom can not prevail
against an act of Parliament, is that a custom, make
the most of it, has no more force than what the act of
a Judge can give it: and the an act of Parliament
is superior to any act of a Judge. But this reason At the same time
has nothing to do with the duration of the custom; because
old or recent, it makes no difference. Our Author
however, not knowing what he means when he said
custom, has fancied that an Act of Parliament was could must
be a proof of a time when the custom did not exist.
That the act of Parliament passed against a Custom must be a proof of a time
when the custom was not a good one⊞ ⊞ that is at a time when Judges ought not to have holden it as good, is most unquestionable:
but this is not what our Author. It was A custom
according to his own account of the matter may have existed
time out of mind, and yet never have been good.
If the act of Parliament has been all along confirmed to, then
in this there has been is no custom: How to in the

Identifier: | JB/028/162/001 "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	162	Info in main headings field	common law particular customs - rules
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9427
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