JB/028/162/002

Click Here To Edit

10)

Common Law. Particular Customs. Rules

case to set up: if it has not been conformed to, then in
spite of the act of P it the custom has subsisted. If the
custom has subsisted even since an act of parliament
passed against it: a portion so it may, before.

The next quality which rule our Author lays down concerning the qualities
a Custom must have in order to be a good one
is, "It must have been continued: or as he might
have said, uninterrupted. G "Any interruption", says he,
"would cause a temporary ceasing: the revival gives it
"a new beginning, which will be within the time of memory,
"and thereupon the custom will be void. But this
"must be understood with regard to an interruption of the right,
"for an interruption of the possession only, for ten or twenty
"years, will not destroy the custom. As if I have a right
"of way by custom over my neighbours" field, the custom
"is not destroy'd, though I do not pass over it for ten years;
"it may only becomes more difficult to prove: but if the
"right be any how discontinued for a day, the custom is
"quite at an end".

So for our Author. If Of this rule I must confess I know
not well what to make. At first it seemed as if this
if continuity or ininterruptedness was given as a new &
independent quality, distinct from the former of immemoriality.
Accordingly he sets out with letting giving us to understand, that
a custom is of such a ticklish quality that it will not
suffer "any interruption": any interruption that it can
be shewn to have sustained, is sufficient to prevent its
being legalized in the Court above. This, to understand if
literally, is too a doctrine too wonderful to [be assented to] pass with us.

Identifier: | JB/028/162/002 "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	162	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	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
Box Contents