JB/028/168/002

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30)

Common Law. Particular Customs. Rules

sort of acts services, that are analogous only to the former,
and not the same: or if he has a right to do a certain
sort of acts, or receive a certain sort of services under certain
circumstances, he is not from thence to be consider'd as
having a right to do that sort of acts or receive that
sort of services under circumstances that are analogous
only, and not the same. This I take to be the meaning
of his rule: but what truth there is in it, what use can be made of it, or to
what purpose it can be applied with any certainty, with what certainty it can be applied
is what I have to be considered. What sorts of acts or
services are analogous to one another in the infinity of cases that might
be put, without being the same⊞ ⊞ or to use our Authors words, what is only strict construction, and what absolute disallowance, is a question that
might I fear to infinity be debated. The example
our Author has put is that one in which where the acts which a man
claims a right to do are without dispute in the same
in the two cases case in question dispute, as in the case out of dispute, and the question is only concerning
the circumstances under which it those acts may be done. The
custom of between the absence and absence of executing such a conveyance as is called a deed of
feoffment is here represented to stand as a condition to that
custom between the absence and the rest of mankind
with respect to the lands in question in which the possession possession of those lands
consists. The of executing any other species act This custom our author informs us says
does not impower him to use any othe conveyance,
or even to lease them for seven years. very likely
not. Very likely it would be held not to do so
where were the case to come in question. The custom act of executing any other species of conveyance is a can
certainly at most be only analogous to, and certainly is not the

Identifier: | JB/028/168/002 "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	168	Info in main headings field	common law particular customs rules
Image	002	Titles	[[titles::note [a]]]
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b29 / e30 / b31 / e32
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9433
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