Phpson states
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On long Consent for Instance the Custom of Free grozing in the village waste. "fou custom" In Obe sense. means.. a simple a usual. practice In-antoer Sense. It means. established. practice or Usage having the force of low. Gemeral Customs are such as prevail throughout a Country and becomes the law of Conctry
The principle on which the exception of reputati -on regarding public rights rests is that the reputation.. Con hally exist without the concurrrence.
Other Statement by persons who Cannat be. of manypass partles Intrested to investigate the subject..and.. Such- Concurrence is presumptlue. evidence of the existence of an ancient right, of which direct. proof Connot be given. In most cases
In R. Bedfordshire ((1855) 4888.535] lood. Compell C.J stats that the admissibility of the deceased. persons in such cases is sanctioned because in lacal. matter, in which the Community. are Intrested.. all persons Living in the neighbourhood ore likdy to be Conversant, because, common rights and liabilities being mutually. talked of in public co bat is dropped in conversatio respecting wah them may be presumed to be trueihe - Cause Confliding Intrestes would lead to contradiction. from other if the statements were flaser and thus a. trustworthy reputation may arise. from the concurrence. Lof many parties Unconnected with each other who and all Interested in Investigeting the subjects.
phipson States the grounds of admissPen are 1) death ii) necessity, ancient facts being generally. incapable of touth of dierect proof; and iii) the guarantee afforded by the rights, which and lessen sing tends the them to to public nature of the preclude individual bias danger of constant misstatement by expo- contradiction.
The the Following conditions have to be satiffieal for purpose of Section 32(4): ad missibity of the statement under
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