JB/028/162/003

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11)

Common Law. Particular Customs. Rules.

gain assent. Of modes of conduct the repetition of which can
form a custom of legal nature, scarce any can be imagined,
that do not necessarily admitt of very considerable in
the practise of them. All then we can could understand then by
the rule in this sense is that the interruption must not
be a long one. Nothing more precise than this does it
afford us.

So much for the rule. The exploration or limitation of it
or whatever it be, plunges us in still deeper into confusion. The
words right and possession printed in Italics announce
a something to have been in our author's contemplation thoughts
which he would fair have communicated to us if let us into the ..... if possible.

We are now given to understand that so long an interval as that of ten
years between one act and another will not destroy the
custom; will not, that is make it unfit for legalization,
"but if the right", that is we are to understand, the right of
the party favoured to perform such act, or to have such
act performed for him "be discontinued tho it be for a
"day, the custom is quite at an end". How this same
right should be "discontinued" before it has been commenced
seems rather difficult to say. By the supposition it is
in the custom that the right is to be founded: tis the
custom past observance that is to warrant the decision which when
pronounced legalizes is to legalize the custom, in order words gives is to give
the party favoured the right to have it observed.

This is the case if the custom be supposed to be as
yet spontaneous. If we suppose it to have issued from
an a legalizing act of the local judicature, then indeed there has
been a right, as for & in this case, such an one as the local judicature can create.

Identifier: | JB/028/162/003 "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	003	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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