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Stat. Law. 7
"only operate upon particular persons, and private
"concerns; persons .... and of these
"the judges are not bound to take notice, once;
"they be formally shown and pleaded."
A general or public Act is an universal rule,
that regards the whole community": "A special or
present act" is not so: and yet it is an act, a
statute: and an act, a statute is a law. [p.85] To
this in itself there is nothing to object; except that it is all the misfortune is
that it is in point—blank contradiction to what he had said
in another place. ☞ [Public]. Law was the page we were told,
as the reader may remember, that a law "is not
"an order concerning a particular person"; but som—
thing... universal: and that "therefore" (amongst
other reasons) "a particular act of the legislature
"to confiscate the goods of Titus or to attain him
"of high treason, does not enter into the idea
"of a municipal law.
As to this distinction, he might have added, one might add for him that it
is as [obscure] in the conception that can't be formed in the idea it presents to us
of it, as it is ruinous and oppressive in the ap—
plication made of it in the practice of procedure: and as
it is inexplicit in the notion account given by him
of that practise.
The distinction is indeterminate is no fault of his
Contradictory
to what he had
said in before.
☞ Twas in this defini—
tion of a Law we
were told
+p.44.
The distinction
in itself indetermi—
nate.
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b. iii sect. i stat. law kinds of statutes |
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