JB/028/166/003

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27)

my garden] and must not say so, while you are at full
liberty to avail yourself of your having made them? Is
this the case? Am I obliged to say allege what is not true, that
you have not never made such windows?

The truth is our Author has bewildered himself in on this
case occasion just in the manner he bewildered himself in a
former. Here are not two contradictory customs: but
one custom which either has subsisted or has not. The
second custom he has mentioned is indeed contradictory
to that which he should have stated: and therefore assuredly
they can not both have been proved; for they cannot
both of them have subsisted. But of to the custom he
he has stated as [contradictory to it] one that it is contradictory to it is not contradictory:
the this custom which he has stated supposing it to subsist is a custom that no
man could avail himself of.⊞ ⊞ It is indeed but half a custom; according to what we have observed is the sense that must be put upon the word where it occurrs in Law. It is only [the man's own practise] an assemblage of one man's acts. I have a pice of ground
I have a House built upon it. What is it that the
Custom I am alledging is to prove? Not my title
to that the ground, to the House, or to the windows. That is
supposed to be out of dispute. The Custom What I
have to prove, is, that you, my neighbour have no right to make
such use of the ground which to other purposes is
your's, as shall hinder the light from coming to my
widows. This I go about mean to found on Custom. What then
is the Custom I must allege? A Custom of mine of
keeping up a House with windows in it? No that would prove nothing.
That would be mere action on my part, my nothing of forbearance on
your's. You are not would not be concerned in it. The Custom that can affect you must
be a that of forbearance on your part to interpose any such objects
upon your ground as shall have excluded the light from the windows
of the house built on mine. Now this is certainly a

Identifier: | JB/028/166/003 "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	003	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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