JB/028/162/004

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12)

Common Law. Particular Customs. Rules

This right, having subsisted may have been discontinued. But
what is this right? a right to have the exercise of the
custom to practise observed. The exercise actual observance of the practise we
are to observe remark, is not here considered in question. It is not that
which is supposed to be at an end or that is said to be at an end by the discontinuance
of the right. The word custom perpetually
shifting its signification means in the phrase "the
custom is at an end, the right to have the custo practise
observed. We are then to understand that if this
right, (resulting from an act of the local jurisdiction)
is at any time any how discontinued, it cannot
be revived. In what manner discontinued? Our
Author should have given us an example. Why can
not it be revived? Our Author should have given us
a reason I am a Copyholder; or a Freeholder holding of a Manor. I have a right of way over my neighbour's
land resulting from a decision of the local judicature;
resulting we will say from the declared pleasure of the Lord
of the Manor, or the more regular determination of
his Steward. I agree This right I enter into an engagement not to use for the space of a
year. In a year While the year lasts then I consent not to have it. After
the year is over, my neighbour consents I shall
have it. Why is it that I am never to have
it again.

Thirdly. It must have been peaceable continues our Author
"and in; not subject to contention and dispute. For
"as customs owe their original to common consent, their
"being immemorially disputed at Law or otherwise is a pa
"proof that such consent was wanting." Against this
there can be rule I see nothing to object. But I should prefer uncontested

Identifier: | JB/028/162/004 "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	004	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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