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In the early periods of English legislation, all the statutes of each session of Parliament were consolidated and styled one statute, each being called merely a separate chapter. In the time of Henry VIII. it first became usual to prefix a distinct title to each particular chapter of the statute.*

In this country we have no knowledge of the division of statutes into ancient and modern, of which we have spoken. The only divisions which we recognize, spring from the authority to which the statutes owe their origin. We have

The Colonial Statutes, passed by the governments of the old thirteen colonies, before the authority of the mother country was thrown off:

The Acts of the United States, passed by the Federal Government:

The Laws of the States, passed by the States respectively; and

mitting their laws to be enacted in a modern European language. See his remarks on the subject, under the head of the Statutum de Scaccario, 51 Henry III. A. D. 1266, p. 57.

Fortescue, writing in the reign of Henry VI., states that in the Universities of England, the sciences are only taught in Latin, but that the law is taught in the three languages, English, French, and Latin. Leges terræ illius in triplici lingua addiscuntur, videlicet, Anglia, Gallica, et Latina. Fortescue de Laudibus Leg. Angl. c. 48.

Chaucer's slur at the Anglo-French in common use in his time is well known:

"And Frenche she spake full fetously,

After the scole of Stratforde at Bowe,

For Frenche of Paris was to her unknowe."

PROLOGUE TO THE PRIORESS' TALE.

The great Poet showed at once his sense and patriotism, by using the English tongue. But so slow has been the growth of that strong and nervous speech which now bids fair to assert a successful claim to universal dominion. See Tyrwhitt's Essay on Language of Chaucer.

* Dwarris on Statutes, vol. 2, p. 462.

The Acts of the Territories, passed by the governments of the new territories before they are admitted into the Union as States.

We shall also have occasion to speak of the municipal ordinances of our cities, some of which are quite equal in importance to the acts of legislation of many of the States.*

When we come to consider statutes not as to their origin, but with reference to their subject matter, we find the leading division to be into

Public or General, and

Private or Special.

Public or General Statutes are in England, those which relate to the kingdom at large. In this country, they are those which relate to or bind all within the jurisdiction of the law-making power, limited as that power may be in its territorial operation, or by constitutional restraints. Private or Special Statutes relate to certain individuals or particular classes of men.†

* Coke, Inst. 116, thus enumerates the "divers laws within the realm of England:"

(1) The law of the Crown.

(2) The law of custom of Parliament.

(3) The law of nature.

(4) The common law.

(5) Statute law.

(6) Customs reasonable.

(7) The law of arms, war, and chivalry.

(8) Ecclesiastical or canon law.

(9) Civil law as in the courts of the constable and marshal.

(10) Forest law.

(11) The law of marque.

(12) The law merchant.

(13) The laws and customs of the isles of Jersey, &c.

(14) The law and privilege of the stannaries.

(15) The laws of the east, west, and middle marches-now abrogated. + Mr. Dwarris, p. 463, gives the English parliamentary division of statutes as follows:-"The first and principal division is into general and special, pub

Laws which concern the sovereign or heir apparent, all officers in general, the whole spirituality, all lords of manors, such also as relate to trade in general, are in England public acts. A statute concerning all persons generally, though with relation to a special or

lic and private. For the convenience of citation to a practicing lawyer, the printed book is again divided into public general acts; local and personal acts, declared public and to be judicially noticed; private acts printed by the king's printer, and of which printed copies may be given in evidence ; and private acts not printed.

"In Parliament are adopted other distinctions resting upon different grounds; there, all bills whatever from which private persons, corporations, &c., derive benefit, are subject to the payment of fees, and such bills are in this respect denominated private bills; while among the public acts are included some merely personal, as acts of attainder and patent acts. Of private acts, some, as has been already shown, are local, as inclosure acts, and some personal, viz.—such as relate to naturalization, names, estates, divorces, &c.; of the latter, some are fiscal, as bills for compounding debts due to the crown, &c. In the Lords, the term 'private' is applied technically to estate bills only, all other bills being distinguished as local and personal.

"After they have received the royal assent, private bills are divided into three classes. 1. Local and personal acts, declared public. 2. Private acts printed by the King's printer. And 3. Private acts not printed.

"Every local and personal act contains a clause declaring that 'it shall be a public act and shall be judicially taken notice of as such, and receives the royal assent as a public act."

Those who are desirous to consider the subject of English statutes, and the ancient laws more particularly, will do well to consult the collections of English statutes. There are several, and they are full of very curious and interesting matter.

The oldest abridgment of the English statutes, comes no lower than the 31st year of Henry VI. (1452), and is understood to have been printed in 1481. It is known as The Old Abridgement, and is in French.

There are one or two other, later abridgments, also in French. The first English abridgment of the statutes, is that of John Rastell. This was was first printed in the 19 Henry VIII. (1527).

Petyt's great Abridgment of the Statutes belongs to the year 1542, and Pulton published an Abstract of them in 1577.

Mr. John Cay published his valuable Abridgment of the Public Statutes, 2 vols. folio, in 1739; and in 1743-1765, Mr. Owen Ruffhead published his Statutes at large, in 9 vols. 4to. This last edition is perhaps the most convenient and satisfactory for the purposes of reference.

particular thing, as appeals, assizes, or woods in a forest, is also a public act.

On the contrary, such statutes as concern only a particular species, thing, or person,-as, bishops only; acts for the toleration of dissenters; relating only to specific traders; acts relating to only one particular place or to several particular towns, or to one or more particular counties, or to colleges only in the universities,-have been in England treated as private acts.*

In this country the disposition has been, on the whole, to enlarge the limits of the class of public acts, and to bring within it all enactments of a general character, or which in any way affect the community at large. The subject has been considered, as we shall hereafter see, with reference to the provisions of the federal Constitution; and it has been held that the

* Dwarris on Statutes, 464; Gilb. Evidence, 39, 40; Phil. on Evidence, 238; Com. Dig. Tit. Parliament, R. 6; 4 Rep. 76, b.; Kirk vs. Nowill, 1 T. R. 118; 4 Rep. 79; 4 Co. 76, a. b. 79.

Mr. Dwarris, vol. ii. p. 464, gives at length the distinction in England between public and private acts, as I have stated it in the text, and then proceeds:

"Thus the statute 21 Henry VIII. c. 13, which makes the acceptance of a second living by a clergyman an avoidance of the first, is a general law, because it concerns all spiritual persons (4 Rep. 79).

"In a general act there may be a private clause (1 Salk. 168), as in the statute 3 Jac. I. c. 5 (10 Rep. 57, b.), the clause which gives the benefices of recusants in particular counties, to the University. So, a statute which concerns the public revenue, is a public statute; but some clauses therein, may, if they relate to private persons only, be private; for a statute may be public in one part and private in another.-12 Mod. 249; 12 Mod. 613; Hob. 227; Sid. 24.

"Yet, although a statute be of a private nature (as, if it concern a particular mystery or trade), yet if a forfeiture be thereby given to the king it is a public statute (R. vs. Baggs, Skin. 429). And a private act, if recognized by a public act, must afterwards be noticed by the courts as a general law. 2 Term Rep. 569.

"A general or public act, then, regards the whole community; special or private acts relate only to particular persons or private concerns."

establishment of towns and counties and their boundaries, court houses, jails, bridges, and ferries, are all matters of public policy, and acts relating to them are of course public acts. So, in this country it has been intimated that acts in relation to banks are to be held public, the reasons assigned being that their bills are a legal tender unless specially objected to, and their charters concern the currency of the country. So in Massachusetts, acts creating public corporations, whether sole or aggregate, are public statutes. Acts, too, which although affecting only a particular locality apply to all persons, are public acts. So, an act passed for the survey of timber in the county of Penobscot, in the State of Maine,§ and an act relating to the preservation of a particular fish in Dunston river, in Massachusetts, were each held public acts.

Although a statute be of a private character, yet if it contain any provisions giving penalties to the State, or declares or punishes any public offense, it will be held a public statute. Generally, if the act affects in any way public interests, it will be held public. So, an act for the creation of a work-house in the county of Middlesex, and for the discharge of certain poor

*East Hartford vs. Hartford Bridge Co., 10 Howard, 511; Mills vs. St. Clair Co., 8 Howard, 569; Bass vs. Fontleroy, 11 Texas, 698; Commonwealth vs. Inhabitants of Springfield, 7 Mass. 9.

+ Bank of Utica vs. Smedes, 3 Cowen, 662; 2 R. S. 374, § 3. In Missouri also, Douglas vs. Bank of Missouri, 1 Missouri R. 20; Young vs. Bank of Alexandria, 4 Cranch, 384.

Portsmouth Livery Co. vs. Watson, 10 Mass. 91.

§ Pierce vs. Kimball, 9 Greenleaf, 54.

| Burnham vs. Webster, 5 Mass. R. 268; Commonwealth vs. McCurdy, 5 Mass. 324.

T Rex vs. Bagg, Skin. 429; Case of Rogers, 2 Greenleaf, 303; Heridia vs. Ayres, 12 Pick. 334.

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