JB/028/164/004

Click Here To Edit

20)

Common Law. Particular Customs. Rules.

But the forbearance of the Parson has not taken place
but under this circumstance, annext to it as a condition,
namely that of his being permitted to take on his part of the Land-occupier's
property such a sum of money, the Land-occupier
forbearing to hinder him. To have a clear
idea then of this case, a man must have an idea
of three distinguishable customs⊞ ⊞ of courses of conduct. 1st A The general custom with respect to Tythes,
in which the Parson is active, the Land-occupier
passive. 2d A An opposite custom respecting the same Tithes standing in contradiction to the former, in
which therefore The Land-occupier is active, the Parson
passive. 3dly that the A custom respecting a sum
of money, in which the Parson is active, the Land-holder
passive. But of these two latter customs he
must conceive that the 2d never to subsists but in
concomitancy with the 3d, which accordingly is stands† † has stood connected
with it in the capacity character of a condition. If the
3d had in any instance not subsisted, the 2d it is
to be supposed would not have subsisted: consequently
in that instance, the first would: for if contradictory sake of the
state of things, the one or the other must exist subsist.
Now then it is the 2d of these customs that is alleged
in one case to be bad from out of the certainty of on account of a defect in
the 3d in point of certainty. The No ma In
the instances in which it any thing can be shewn to have been paid
No one assignable Sum has been paid. Something has
been paid What it has been paid has
each time been what the Land-occupier thought fit
to pay and the Parson to receive at that single time.
Now according to the notion we have of a custom it must be compos the single acts of which it is

Identifier: | JB/028/164/004 "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	164	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	b17 / e18 / b19 / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9429
Box Contents