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150 Oathl to oOJerll:! Locol StatuftJ.
CHAPTER XXI. .
OAms TO OBSERVE LOCAL STATU1~ES.
ME~mERS of colleges in the universitje~"
and of other andent foundations, are required to
swear to the observance of their respective statutes:
which observance is become in some CCL~ unlawful.,
in others impractic~le, in others ~less, mothers
!!tcony@ierit."- -" -
"(Unlawful direction~ are countennandcd by the
authority which made them unlawful.)
( Impracticable directions are dispensed with by the
necessity of the case. )
( The only que~tion is, bow far the IDembers of
these societies may take up-:ln themselves to judge
of the inconveniency of any particular direction, and
~ make that a reason for laying aside the observation
'
of it. t
( The animus ililponentis, which is the measure of the
juror's duty, seems to be satisfied, whell nothing i~
omitted, but what, from some, change in the circums~ances
under ,vhic:h it \\1r
3S prescribed, it ma~fairly
be pre~umed thar the founder himself wO~lld
have dispensed with. )
To bring a case within this rule, the ill(0}2'j..!c71i(n[}
nlust,
]. Be rnani~est; concerning which the.r_e i:, no
doubt.:__ - - -
\
'2. It must arise from !9me change_ in tl~e cjrcumstances·
of the ,institution ; -K)r~ let the incon\r('ni~cy
be-\vhat it will, if it l~xisre(l at tl1c till1e ()f, he fO\ln-
Jation, it must b:~ 11resurned, that the founder did
not deem the avoiJiug of it of sufficient importancp.
t() altel- 11is plan.
3.{The direction C'f the stattite must not only be
inC(lllVcP;'·'tlt ill the gpl1~'r~ 1, for ~o IJ1:1Y the iIl~titt~-