JB/028/163/004

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16

Common Law. Particular Customs. Rules

Suppose this, and the restraint might have been imposed
to up by the Tenants among by agreement some informal verbal agreement themselves, for their own accounts.
The latter restraint tending solely upon the face of it solely to
the benefit of the Lord, could have had nothing but the
Lord's pleasure for it's original. Go said the first Lord who
granted the indulgence, go and use such a field to feed
your cattle on, but observe not to turn them on
till I turn mine.

Now then to consider has the two restraints restrictions stand stand in point
of expediency utility. As to the first, in point of original utility,
it might very probably be expedient that till the day in
question the land might be left to recover itself as or might be employ'd for
other purposes. Original utility therefore might be in favour
of the restraint. And utility resulting from expectation
was is by the supposition not against it: No To
turn on his cattle before the day in question, no man
was used; no man therefore expected it: no man by being
debarred from it till then was disappointed.

The second stands upon a different footing. In point of original utility At first
there was a benefit in it, it is evident, to the Lord
and the Tenants were no sufferers, because the advantage
they got was all clear gain. In point of utility
resulting from expectation it was different. For some
time the Lord made use of the field at a convenient
time, so did the Tenants therefore along with
him. They got the habit of expecting to have the
use of it. In process of time there comes a Lord
who from bad management or out of spite, never
puts on his cattle. The Tenants look in vain for the signal to put on theirs. The Tenants having by this time
learnt to expect this signal, & to enjoy this benefit, that seeing it, are disappointed.
Hence a pain of disappointment; which is

Identifier: | JB/028/163/004 "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	163	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	b13 / e14 / b15 / e16
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9428
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