JB/028/166/002

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26)

was to urge against the validity of it, that is its capacity
of being legalized in the superior Court, we may judge from
what has been already said, whether that objection would be
decisive a fatal one.

The 7t and last of these choice rules is, that "Customs
"must be consistent with one another": that is [when he we are to
comes to explain himself] understand as a custom, having subsisted is
not a good one, when owing to the subsistence of another some other
custom the existence of that in question is impossible.
"Customs must be consistent with one another; one custom
can not be set up in opposition to another. For if both
are really customs; then both are of equal antiquity,
and both established by mutual consent: which to
say of contradictory customs is absurd." Thus for all Hitherto we
is are at sea; we are pitching and loping among open sea; we deal in generals: we can feel no ground.
be Why Readers, wonder long to see I make no doubt what our Author
has in store for us. He They cannot but be curious to see an
example of a custom which being impossible to exist, has
existed, and been found bad. I will no longer sport with
their impatience. "Therefore", continues our Author, "if
"one man prescribes that by custom he has a right
"to have windows looking into anothers garden; the
"other cannot claim a right by custom to stop up or
"obstruct those windows: for those two contradictory customs
"cannot both be good, nor both stand together. He ought
"rather to deny the existence of he former custom."
"Cannot claim a right?" How is this? I have been used
to obstruct your windows as often as they have looked you have made them look into

Identifier: | JB/028/166/002 "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	166	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	b25 / e26 / b27 / e28
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9431
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