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(23. STATUTE LAW. Kinds of Statutes. Public and Private.
for the good.
But to proceed— How impossible soever it may be
to know before hand whether a judge will think
proper to call a given statute a public or a private
one; yet when once it has been called by either
of the names, the consequences are these. If a
Public one, then to use our author's words, "the courts
"of Law are bound to take notice" of it "judicially
"and ex office; without the statute being particularly
"pleased, or formally set forth by the party who
"claims an advantage under it:" If a Private one,
then, "the judges are not bound to take notice "of it," un—
"less it "be formally shown and pleaded."
I would not be positive, but I am apt to be—
lieve, that he who has read this account of the
matter and this only knows just as much about
it as if he had read nothing: except that he will
be apt to go away with a notion which, I hope,
for the honour if the law, is very far from true.
I mean that judges are bound only as to the notice
they are to take of Public Acts, alone and that as to
Private ones, they a judge is at perfect liberty to do as
they he pleases, without their his proceedings being appealed
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Identifier: | JB/028/097/002 "JB/" can not be assigned to a declared number type with value 28.
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statute law kinds of statutes public and private |
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note |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with crown motif]]] |
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