JB/028/165/002

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23)

Common Law. Particular Customs. Rules.

The last example our Author gives us under this rule
is a single one of a custom, which though at first
sight it might seem bad, is really to appearance bad, is nevertheless a good one.
"Yet a custom", says he, to pay a year's improved
"value for a fine on a copyhold estate, is good:
"though the value is a thing uncertain. For the
"value may at any time be ascertained; and the
"maxim of the Law is, id certum est, quod certum
"reddi potest

The truth of the matter here is, What we are to collect from this example is, that a custom may be
taken for "certain", or rather so I should I would
say, uniform, is, that howsoever it may vary in
itself, it's variations may all able be comprized
under one description. They are of such as a nature
as that they may be all alike comprized expressed by one
and the same form of words; which form of words
presenting itself at any time to the conception,
will suggest the idea of one of those variations
at the time and no more. This rule is very perfectly
consistent with our doctrine of expectation. To apply it to the example. What is
to pay be paid as the condition of be being permitted to
occupy the Copyhold in question is, at one time
one Sum, at another time another: at no two times
perhaps the same. Nevertheless te form of words serving
to express what is to be paid is may be all along
the same. all along. What is to be paid And by saying thus we shall all along describe
with equal truth what is to be paid a at the time in question; be it ten pound, be it twenty

Identifier: | JB/028/165/002 "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	165	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	b21 / e22 / b23 / e24
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9430
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