JB/028/166/004

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28

Common Law. Particular Customs. Rules

custom that may very well have subsisted: but whether
fit to be legalized on that account is another question.
Tr it [upon] by the principle of expectation and you find
nothing in it's favour: on the contrary you find the
utility resulting from this source strongly in opposition
to it. It is true You have [not either built or planted] forbear as it happens either to build or plat upon your
ground where it is near to mine. But could I suppose that it was
out of any regard to my windows? Could I have expected that
you should therefore forbear in future? Other uses there are and
much more frequent than either building upon it or
planting Timber. On the contrary you, looking upon
the ground as being in all respects your's, have been
accustomed to expect that you should be allowed to
make what uses of it, building or planting if you
found it convenient, that you pleased: as other
people are allowed to build and plant upon their ground: and
that you would forbear to molest impede me in this use,
as, you and all other men do since it is my propertyto molest me. in
any every other use.

Now this is certainly a custom the existence of which if you
mean to justify your right of the intercepting the light
from my windows you ought to deny; and therefore accordingly plead
that but Custom: or else deny that it ought to be legalized,
and accordingly demur to it. But of the Custom as our
Author has stated it you can have no occasion to deny;
since it makes nothing against you: your business
is would be to demur to it.

Identifier: | JB/028/166/004 "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	166	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	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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