JB/028/097/003

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24) STATUTE LAW. Kinds of Statutes. Public and Private.

from, to or questioned by any other. I am persuaded
this is not the case: that to speak rightly we should say, not that a judge instead of is
not being bound to take notice, but that he is bound not to
take notice. And so says speaks Bacon, + from a multitude
of cases.

The plain account of the matter is if it seems to be this. If in a
debate vivâ Voce at the Bur a statute happens
to be alleged on one either side, as the The judges are
under the same obligation to take notice of it if it be
private statute, as if it be a public one. That In that
sort of written altercations which are in a technical
sense are called pleadings, the necessity of alleging mentioning
it has not been made to depend upon it's being a public or
a private one. But where, whether be it public or pri—
vate it is necessary that it be alleged, if a public
one it may be referred to without recital: if
a private one, so much at least as the party would take advantage of, it must absolutely be recited.
tho' it reach from London to York, must absolute—
ly be recited.

A question that I dare say occurs here to most of my
readers who are not lawyers is, for what reason why in point of
utility need to be recited in one case, especially if it need
not in the other. Such reason, I must confess myself

+ p. 655. and again
p.657.

Identifier: | JB/028/097/003 "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	097	Info in main headings field	statute law kinds of statutes public and private
Image	003	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b22 / b23 / b24 / b25
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with crown motif]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9362
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