The Law of Usages And Customs, With Illustrative Cases
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It was objected that it was general, as amounting to the common law. But this objection was over- ruled. " Admitting, for the purpose of argument," said Tindal, C. J., "that a^ custom which would comprehend within it all the liege subjects of the crown would be bad, on the ground of Its amounting to the common law, we think th» custom before us is not of that description ; for in the present custom there are these restrictions, which necessarily limit its generality: The parties who claim, the ...benefit of it must be victuallers ; they must be victuallers coming to keep the fair, and they must come at the precise period of the year at which the fair Is fixed. Now, under the description of victuallers mentioned in the custom, we cannot consider that very large body of persons to be comprehended who. In ancient times, appear to have been classed under that designation by the statute* referred to in the argument ; but we think the plea must be taken to speak In the language pt the time at which it Is pleaded, and, as the only term used Is that of 'victualler,' it must be understood those only are comprehended who- are now so termed — that is, persons authorized by law to keep houses of enter- tainment for the public.
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You can find similar books in the "Read Also" column, or choose other free books by Lawson, John Davison, 1852-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
It was objected that it was general, as amounting to the common law. But this objection was over- ruled. " Admitting, for the purpose of argument," said Tindal, C. J., "that a^ custom which would comprehend within it all the liege subjects of the crown would be bad, on the ground of Its amounting to the common law, we think th» custom before us is not of that description ; for in the present custom there are these restrictions, which necessarily limit its generality: The parties who claim, the ...benefit of it must be victuallers ; they must be victuallers coming to keep the fair, and they must come at the precise period of the year at which the fair Is fixed. Now, under the description of victuallers mentioned in the custom, we cannot consider that very large body of persons to be comprehended who. In ancient times, appear to have been classed under that designation by the statute* referred to in the argument ; but we think the plea must be taken to speak In the language pt the time at which it Is pleaded, and, as the only term used Is that of 'victualler,' it must be understood those only are comprehended who- are now so termed — that is, persons authorized by law to keep houses of enter- tainment for the public.
What to read after The Law of Usages And Customs, With Illustrative Cases?
You can find similar books in the "Read Also" column, or choose other free books by Lawson, John Davison, 1852-1921 to read onlineMoreLess
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