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Charles Viner.

A general abridgment of law and equity : alphabetically digested under proper titles, with notes and references to the whole (Volume 19)

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that is, that docs not enaii any new 'Thing, but does only enact that which
was provided for by the Common Law, before the Acl: made, tho' it did not
fo plainly appear, is neverthelefs a Statute, and may be pleaded as a Sta-
tute, altho' the Defendant has a Plea at the Common Law alfo (Pafch.
23 Car. B. R.) For it enacts nothing contrary to the Common Law, and
may therefore well ltand with it. L. P. R tit. Statute 526.

5. An Acl of Parliament may capacitate a Man to have or be an Heir y
that otherwife could not have or be an Heir. Lev. 75. Mich. 14 Car. 2.
B.R. in the Cafe of Wheatley v. Thomas.

6. No Defultory Kind of Inheritance can be limited without an Acl of
Parliament of Land, or of an Advowfon, becaufe then He who had
Right could not always know againft whom to bring his Action : But of
the Patronage of an Hofpital newly founded there can be no precedent
Right ; and therelore at the very firlt Institution it may be limited as
the King pleafes, like the Cafe ol a Rent De Novo. Per HaleCh. J. and
the whole Court at a Trial at Bar. Chan. Cafes 214. Mich. 23 Car. 2.
Atkins v. Mountague.

7. In regard or all Civil Acceptations an A£l of Parliament may do any
Thing: As, iff To make a Woman a Mayor or Jufitce oj Peace ; For
thefe are the Creatures of Men ; but can't alter the Courfe of Nature. 2.
It cannot do any thing out of the Limits of his Power, As to make a
Man inheritable in France. 2 Jo. 12. Per Wild. J. in his Argument in
the Cafe of Crow v. Ramfey.

8. An A£t of Parliament can create an Bfiate Tail without a Donor ;
and where we lee Eltates limited for a particular Purpofe, we are not to
meafure the Validity of fuch Limitations by the ltritt Rules of the
Common Law; lor the Parliament can contrail the Rules of Common Law.
Raym. 55. Hill. 31 & 32 Car. 2. in Scacc. in Cafe of Murrey v.
Eyton.

(B) The



Statutes. 495



(B) The Commencement. [Relate to what Time.']

i.ti a£|9an uetntucteti for erettinsa Cotage, nno recited tljeAasofpar-
X Statute of Cotaacsf to be, tijat tfanp ^crfou potf Confecdo= Hamcm ihaii
item tatutt erects anif Cotagc, wijercas tfjc Statute is, C&at if h . av e R e' a -
any Pcrfon erects a Cotage after t&c Cno of tlje ©efliansf, tljte i^i°a D °' yof

llOt gOOO i for ti)C Statutes relates to the firft Day ot the Seifion, m\Wtii pJliL
I£S fatO in Laill to be made the firft Dav Of tJiC g>CU~tOtt ; aitO tljeitfore mtnt, if it

tlje statute tss not tocli recites. S^iclj. 8 Car. 05. K. Hewers cafe be f\°>L e
refoIu'Q, ano iucrj anntctment quailfo. <®x. 9 Car* 05* &♦ frap's^rtT
Cafe rciWQ, ann oiocrfc 3!utitttmcntss quafij'o. if they are

in diverfe
feveral SeJJlons, and the King figns Bills at the End of every Seffion, there it (hall have Relation to the firft
Day of this Seffion ; for every fuck Seffion is a Parliament in it/elf ; Quod nota Diverfity. Br. Relation,

pi. 55 cites;; H. 8. S. P. i?«Mf there are feveral Seffons, and the King does not fign any Bill till the

lafl Seffion, there all is but ope and the lame Day, and all (hall have E elation to the firft Day of the
firft Seffion, and the firft Day and the laft make all but one and the fame Parliament, and one and the
fame Day in Law, unlefs fpecial Mention is made in the AS when it fliall take Force. Br. Parliament, pi.
S
2. In the Cafe of Sir J. P. who was attainted of certain Trefpafsby Br. Jours,
Act. of Parliament, it was laid by F.iwkes Clerk of the Parliament, That P 1 - 6 - cites
every Bill which pajfes the Parliament (ball have Relation to the firft Day V^ 6 ' lS '
of the Parliament, tho' it be brought in at the End of the Parliament ; and

it is net ufital to make any Mention what Day the Bill is delivered in to the
Parliament ; And thereupon the Jultices laid they would advife ; for
the Act came in to them by Writ as an Act of Parliament, therefore
quaere. And the Cafe was, that the Parliament commene'd before Whit-
funtide, and continued after Whitfuntide, and the Commons agreed
the Bill after Whitfuntide, and gave Day to Whitfuntide next, and
the Lords gave Day to Whitfuntide next except one, and all was one
Intent ; ibr becaufe the Bill ihall have Relation to the firft Day of Par-
liament, therefore if it be not prevented it lhall be taken as this Whit-
funtide which is paft at this Selfions ; and therefore the Lords did

well; quaere. Br. Parliament, pi. 4. cites 33 H. 6. 17. Seethe reft

of this Cafe at Parliament (F) pi. 1.

3. Note, that the Attainder of Treafon by Act of Parliament lhall
not have elder Relation than to the fir ft Day of the Parliament, unlefs it
be by fpecial Words that he lhall forfeit his Land which he had fuch a
Day, and after ; Quod nota Diverlity. Br. Relation, pi. 43. cites
35 H. 8.

4. Acts of Parliament take Eff ell the firft Day oi the Parliament. Hob. Ibid. 222.
309. Hill. 15 Jac. in Cafe of Wright v. Gerrard. Except the

Act appoints

another Time from which it is to rake Fffeft, in Cafe of Needier v. Biftiop of Winton. It has

Relation to the firft Day of the Seffion. Dy. 95. pi. ;- . Whitton v. Marine. Hob. 1 1 1 And.

295. pi. 50;. Englefield's Cafe. Cro. C 424. in Cafe of Sidown v Holme. — D 131. Mare.

All Afts of Parliament relate to the firft Day of Parliament, if it be not otherwife provided by the
Aft. 4 In ft. 25

Tho' in Fiftion of Law a Statute (hall have Relation to the firft Day, yet it is not a perfeft Statute
till the End of the Parliament; Per Croke J. Jo 570 Mich. 1 1 Car. B R. in Cafe of Sydowne
v Holme-
It is true generally, that an Aft of Parliament commences the firfi Day of the Sefjion, if nothing appears
to the contrary ; but there was an .4(1 to diffolve the Marriage between Campbell and Mrs. Wharton, tho
the Marriage -was ajter the firft Day of the Seffion ; Per Holt Ch. J. Comb. 413. Hill. S W. 3. in B R
The King v. Call.

5. Two Statutes made at the fame Parliament, one fliall not have Priority
of the other ; for they are made at one Day and Inftant, and have Re-
lation



4S>6



Statutes.



lotion each of them to thefiritDay ot the Parliament, tho' in 2 Chapters,
and fliall be {o conftrued as it' all had been in one and the lame Act ot"
Parliament; Per Junes J. Jo. 22. Hill. 20 Jac. C. B. in Caie of Stan-
den v. the Univerlicy oi Oxon and Whitton.

6. The Words in the lalt Claufe of the Statute made in 21 ffac. 16.
are, 1 hat in all Anions upon the Cafe for Slanderous Words to be fued and
ed in any Court after the End of that Parliament, if the Damages be
1 'er 40 s. then the Plaintiff (ball recover only fo hutch Cofts. An
Action was brought before the Parliament, and profecutcd alter, yet ic
was refolv'd after Argument, that the Profecution alter, tho' the Com-
mencement was before the Parliament, is within the Statute by the
Word in the Statute (Profecute) Latch 2. Pafch. 1 Car. Sendal's
Cafe.
In an Infor- 7. 6 £5" 7 W. 3. cap. 20. Pardon d all Offences committed before 29 April
mationupon ^95, except all Offences committed contrary to any Statute, orto.\ •on

^ c / tatu "a Law, for which any Information &c. at any
Bying S *vd or fned &c. in any of His Majejlfs Courts at Weflminjler &c. and is dc-
Seilhig live pending and re \tobeprofecuted&c.

Cattle, the

Jury find this Statute of 6 & - W. 3. and that no Information was commenc J &c. or depending &c.
againft the Defendant for this Offence, at the Day of aiTembling and holding of the faid Parliament, nor
within 2 Years before, but that this Information was commene'd and fued againft the Defendant after-
wards, and before the 29th April 1695. and was then depending. It was argued for the Defendant, That
thefe relative Words in the Exception, viz. At any Time fince &c. fhould be expounded to refer to the
firlt Day of the Affembling and Molding of the Parliament, which is the fii-ft Day of the Seffiqnj at
■which Time this Statute by Relation was a Law ; for the Judges cannot take Kotice of the Time when
it pafs'd the Royal All'ent ; .-nd cited 1 Sid. 31c. And therefore fince the Se^Iion begun the izth
Kovcmber, 6 W. 3. and no Information was then depending, the Defendant was not by the Exception
exempted from the Benefit of the Pardon. But againft this it was argued, That tho' an Act fliall be
conftrued generally to relate to tbefrft Day of the Sellion, yet that dees net I old when there is a Parti;: >■
Day mentioned, in which Cafe the Relation of the Act is confined to fuch Day, and cited Plowd. 79. b.
Bro. Pari. S6. Hob. 222. Then fince the 29th of April is appointed by the Parliament for the Time
to which the Pardon fliall extend ; and fince the Act by mentioning any Time fince, and which re-
mains to be profecuted, ftiews that it refers to another Time fince the firft Day of the SelTion, that
ought to be uitderftood of the 29th of April, to which the Pardon extends, and more efpecially fince
the fame Claufe of Exception refers as to another Particular to the 30th of April. Of which Opinion
•was the whole Court. And they held, That the Exception ought to be taken as generally and as large
as the Purview , for the Parliament could never defign that their Pardon fhould extend to pardon Of-
fences until the 29th of April, and that notwith (landing, their Exception, which rcftrains it from par-
doning thofe, which they thought unworthy of their Pardon, fhould be fo fliort, and that fuch fhould
be unpunifhed. Ld. Raym. Rep. 370, 371/ Mich. 10 VY.3. The King v. Gall.

8. When the King comes to meet the Houfes, then the Parliament
begins. Per Cur. Ld. Raym. Rep. 343. Palch. 13 XV. 3. Birt Qui tam
&c. v. Rothwell.



(C) Statutes General. What fhall be faid General Sta-
tutes, (whereof the Court ought to take Kotice without
Pleading them.

Thisisnot i. r | ^ 1} C ©tflttttC Of 18 El. cap. 11. concerning Colleges, Deans

the Point J^ and Chapters, Parfons, Vicars, and others, having Spiritual

tan$°Cafe, Promotions & 81 general 3ft, €Q> 4. Holland 76.

but is iii a

Nota of the Reporter.

2. -enjg



Statutes. 497



2. CIjC ^tattltC Of 13 El. cap. 20. of Non-Relidence of Parfons tip * Yd v. io
So Daitf, is a general' statute. Cr. 5 Ja. X% E. between y*»- ?■ <* accord -
w.v^j w Hjithwatt ©tear cf iDnr&cll armiUgcB. €0.4. D«/»/>«- iS 7 ™
120. 1). tW Statute i£ mtenseo. s. c. by '

Name of

Jenning's Cafe, but very ohfcurely reported. Brownl. 20R. S. C. accordingly ; for tbo' it extends to

thole only that have Cure of Sou's, yet in Refpect of the Multiplicity of Parfbnages and Vicarages in
England, the Judges mull: take Notice of it as a general Law, and adjudge according to the faid

Statute.

3. Clje ^tutttte Of 1 3 Eliz. cap. 10. of Colleges, Deans and Chap- It was agreed
ters, ParfbriSj Vicars, and others having Spiritual Promotions, 10 a KC- to be a k' e ~

nerai Statute, 4 Ecp. Du^er 120. MP* 43* [45 J €L "B.&.Tm^

Same Cate atljUDgetJ, CO. 4* Holland 70, [in a iNotaof the Ke-T, in . z l '
porter, cues S. P. adjudged.] Car. 2. C. B.-

The Chap-
ter of Southwell v. the Bifhop of Lincoln. -Mod. 204, 20J. pi. 35 S C. fays that Atkins J. doubt-
ed, but was orer-rut'd.

4. %\)t StattttCJj Oft 22 E. 4. cap. 7. ailil 35 H. 8. cap. r 7 . of Fel- r\jv_^n
ling and Incloling of Wood, ate General LatDSi COtlCCl'lUng all pCC= * F<,: 466.

Cons wfjereof * tljc Court €x ©ificio augijt to take Bma, Co. 8 t +Cd^iw

gjtf Fr«»«.r Banington 1 3 8* EClOliiCO* conceived '

fito 22 £".

4. cap. 7. was a central Statute, of which the Judges fhall take Notice without pleading of it. And his
Keafon was, for that the Kingtuas Party to it; and that which concerns the King bein°- the Head
concerns ail tie Body and Commonwealth- And fo n was adjudged in the Chancery in the Cafe of Serjeant
tlale, that the Statute, by which the Prince is created Prince of Wales, was a general Statute; and for
that lee the Lord Z5arklE}>'s Cafe in the Commentaries. 2 Brownl. 327, 32S. Chalke v. Peter. '

5. CSjC Statute Of 21 H. 8. cap. 13. of Pluralities, 10 a general Cro. E 6-01.
2a, CO. 4* Holland nd* ECfOlOrt). pi. 11. Mich.

^9 & 40
Eliz. B. R. airmtaer b. ijOlISnD, refolv'd accordingly. Ydv. \o6 Mich. 4jac. B. R. S. P. in

Cafe of Jennings v. Hathwaue.' Brownl. 208. S. P. accordingly, in Cafe of Jennings v. Hathwaite.

6. CljC Statute Of i El. cap. concerning Leafes made by Bifhops, S. P. And

10 not a ©erteral act, imt a special act 3 becattfe it concerns the Bi- *>*& » r be

ihops only, which are but a Species of the Spiritualty. Ct. 30 CI. 15. r ^ or

K. betiu'een *£/;«* r'Bifljpp of loimoit ano Gate aojuogco* Co. 4. nThS™

Holland 76. [cites the Cafe ol Elmer &c. v. Gate.] to take No-

tice of it.

Per Ellis J. Fn-em. Rep 1-9. pi. 191. Mich. 16-4. in the Cafe of Threadneedle v. Linum. 2 Mod.

57. S. C. and admitted there that it is a Private Statute.

* Mo. 25;. pi. 400 S. C and this Statute is there called a Statute general in Particular, and there
held that the Court was not bound to take notice of it.

7- CljC ClaUfC Of tljC Statute Of 3 >• cap. 5. which gives the Pre- S. C. cited
fentations cf Recufants to the Univerlities Of £>JCf0r5 ailO CaUibriOgC is fi. tiob ^ t:
a Private CUlUfe, aitfl Mtgljt tO be redteO, tho'the Reiidueofthe Sta- ,, 6 J 22 - H °n'
tute be general, ailD IICCO tlOt tO t!C rCCttCD- CO. io» Chancellor of the Cafe'of

Oxford. 57. D. An ne Need-
ier v. the
Bifhop of Wincheffer, and faid, That he granted that one Chaffer of an Acl of Parliament may be both
General and Particular ; becaufe one Chapter may contain divers Acts and Laws, which may be feveral
and fundry in their Natures, as if they were in feveral Chapters, and cites the Cafe of Dive v. Manning-
ham upon the Statute of 2q H 6. Sid. 24. pi. 4. Hill. 12 Car. 2. C. B. the Ch. J. cued the Same

Cafes in the Cafe of Allen v. R.obinfon.

8. The Rule of Law is that of* General Statutes, the Judges ought *A General

to take notice, tho 5 they are not pleaded, otherwife it is of Special or ^ cf u>iLh

Particular Statutes: And lor the better Lndentanding the Books in this "','' e ) -'.\ te ',",„

Point, and vvhatlhall be laid in Judgment or" the Law Statutum GeneraJe, n, ,u ; , (,.

and what is Statuturh Speciale: It is to be understood that Generate di- pleaded ,

cicur a Gencre & Speciale a Specie ; and what are Genus, Species and i ' 01 ' t ,' ,is !<

6 L Indi . the Common



49 S



Statutes.



Law, of Individual Know that Spiritualty is Genus, Bifboprick, Deanry &c. arc
which the Species, and Bijboprick^ or Deanry of Norwich are Indi vidua, lie dictunt
juihces arc ^^ j Q p ar[:es dividi nequit. 4 Rep. 76. a. in a Nona on Holland's Cafe.

take Notice

without Pleading. Br. Office del &c. pi. 27. cites 13 E. 4. 8. Br. Parliament, pi. 60 cites S. C.

S. ['. Contra of a Particular Statute or Cuitom, as of an Act for Cities, Burghs, Pun-curb- Ejiclijb,

Gavelkind, or the like ; But Brooke makes a Quaere, If an Adt of Cities &c be Particular, and fays, It
feems tint it 1-; but Mortmain, and the like, are Univerfal, and need not be pleaded. Br. Pleadings^
pi. 113 cites 21 £. 4. 56. Br. Patents pi. 72. citesS. C. Br. Parliament, pi. 64. cites S. C.



9. This Word (Officer) is a Word General, or Genus, (Sheriff) is a
Special Word or Species, and the (Sheriff of Norfolk) is Individuum ; and
therefore the Sr.ar.uce ol'Weftm. 1. cap. 26. by which it is enafted, That
no Sheriffnor other Minilter of the King fhall take Reward to do his
Office, but be paid of that which he takes of the King is a General Aft,
becauie it extends to all Officers in general ; But the Statute of * 23 H.
6. 10. which extends folely to Sheriffs is only a Particular and Special
Aft, as is held 3 Mar. D. 119. 4 Rep. 76. a. b. in a Note on Holland's

judged ac- Cale.
cordin (T l y.

Benfon v. Wclby Twifden J. faid, It was held Per Roll and Glyn Ch. J. That this was a General

Law of which the King's Courts ought to take Notice without Pleading of it. Lev. S6. Bentley v.
Hore ' And To it was held Per HaleCh. J. 2 Lev. 103. Okey v. Sell.



* 2 Saund.

154. '5 5.
Trin. 22
Car. 2 ad-



Sce the Note 10. Afts of Parliament concerning Myft cries or 'Trades are General

on pi. 11. Afts; But an Aft of Parliament concerning the Trade of a Grocer, is a

Special Aft, as is faid 28 H. 8. fol. 27. Dyer; becaufe the Trade of

Grocers contain under it Individua or lingular Perfons, as this or fuch a

Grocer by Name. 4 Rep. 76. b. in a Note on Holland's Cafe.

11. If an Aft be Special, which extends to Species; A Multo Fortiori
is, that which extends to Individuals. And to underltand what Afts as
to Perfons are General, and what Special, know that tho' the Matter be
Special, fo that under it are only Individuals, yet if it be general as to
Perfons, thereof the Judges lhall take Conulance; But if the Aft con-
cern Aliquod lingulare feu Individuum, tho' this be General as to Per-
fons, yet the judges lhall not take thereof Conulance ; As appeal is a Spe-
cial Aftion, and contained under this general Word Writ; and yet the
Statute of Magna Charta cap. 4. which concerns Appeals, is general, and
the Judges ought to take thereof Notice, as it is held in 10 E. 4. 7. But if
the Act was made, That no Appeal lhall be brought of the Death of J. S.
this Aft is Particular, Caufa quafupra; So the Aft of Magna Charta
cap. 25. oiWafle, Weitminlter 2. cap. 25. concerning jijjifcs, and cap.
18. concerning Affife by Tenant by Elegit, cap. 41. concerning Contra
FormamCollationis, 23 H. 8. of Attaint, Et Similia are General Laws,
though they concern Special Aftions : So 4 H. 7. cap. 17. and
Merton cap. 6. of Wards, Et lie de Cseteris. But tho' the Aft as to Per-
fons be Genera], but the Matter thereof concerns Individua or Singular
Things, As fome particular Manor or Houfe &c. where all the Manors,
Houfes, &c. are in one or divers particular Counties, thofe are fuch par-
ticular Afts of which the Judges lhall not take Gonufance, unlefs they
are pleaded or alleged by the Party: But of every Aft (tho' the Matter
thereof concern Individua or lingular Things) yet ii they * touch the
King, the Judges Ex Officio ought to take Conufance; For every Sub-
jeft has an Interelt in the King, as in the Head of the Commonwealth.
4 Rep. 76. b. in a Note of Lord Coke's on Holland's Cafe.
URng the

'Trade of a Dyer gee not being a Clothworker &c. tho' it concerns a Particular Thing, and therefore is
Private in its Nature, yet the Forfeiture Leinq to the Kin%, and fo the King concerned, this has rude it a
PublickAa. Skin. 429. pi. 5. Pafcb. 6 VV.'fic M. B. R. The King v. Buggs.



* As the
Statute of
2 Phil. &>
M. cap. 11
concerning



12. It



Statutes. 499



12. It wasenafted by Parliament, T'hat all the Corporations and Licences Br.Parlia-

made by King H. 6.Jhall be mid - 3 This Aft lhall be pleaded; For the Court ^'^^

is not bound to have Conulance of it any more than of an Aft made for a pj q ' 6 . a

particular Perion ; For it is not General, but f articular in a Generality, S. C. cited

As if it was enafted, That all Biihops and all Lords lhall have fuch Li- by Moun-

berties ike. this is but a Particular Aft. Br. Office del &c. pi. 27. cites ta S. ue ; £ h - J-
_ _ r ' as .La. £>av s

13 *•• 4- 8 - Cafe.— -

S. C cited

Arg Le. 306. pi. 42;. in the Cafe of Carter v Chycole,

13. If the King grants to the Citizens of Norwich Sec. and after by
Aft of Parliament all their Liberties &c. are confirmed by a General
Confirmation to all Cities and Boroughs, this is a Special Aft and ought
to be pleaded. Le. 306. pi. 427. Mich. 32 & 33EI1Z. C. B. in the
Cafe ol Carter v. Claycole cites 13 E. 4.8. 59. by Brian.

14. The Statute of QuiaEmpt ores Zerrarum is a General Law, where-
of the Judges may take Knowledge. Co. Litt. 98. b.

15. The Aft of iS Eliz. cap 6. concerning Colleges in the 2 Univerji-
ties, and the Colleges of Eaton and Winchejier is a Particular Aft, of
which the Juftices lhall not take Notice. 4 Rep. 76.' a. in a Note in
Holland's (ale, cites it as adjudg'd Hill. 31 Eliz.. Rot. 514. C.B. and
affirmed in Error in B. R. Hill. 32 Rot. 791. between Claypoole and
Carter.

16. The Statute of 18 Eliz. which enatls, float all Suits upon Penal
Statutes ought to be by Original It rit, is a General Law, of which the
Court ought to take Notice. Noy 60, 61. in 38, 39 Eliz. in the Cafe
of Greedl) v. Whitcott.

17. It was refolved, That the Statute of Weftminfter 2. De Male-
fabtoribus in Parcis, and Carta de Fore/la, are general Laws concerning
all Perfons, of which the Court Ex Officio, ought to take Notice.
8 Rep. 138. b. Pafch. 8 jac. C. B. The 7th Refolution in Sir Francis
Barrington's Cafe.

18. The Delendants were indifted for difobeying an Order of Sef-
fions to pay Money tozvards Building a New Workhoufe in Middlefex, accord-
ing to the Statute 15 [14] Car. 2. [cap. 12.] It was moved to qualh the
Indiftment, becaule it was founded on aprivate Aft of Parliament ; For
tho' the Title and Preamble concerned the Poor in general, yet it was a
private Claufe upon which this Indiftment was brought ; But after feve-
ral Debates the whole Court held, That this was a Publick Aft ; For
the Words are (viz.) And for the further Redrefs of the Mifchiefs afore-
faul, be it enabled, That a Ji orkheufe /hall be eretled in Middkfex &c.
fo that here is a general Remedy provided for the Poor, tho' by dif-
ferent Methods. Sid. 209. pi. 3. Trin. 16 Car. 2. The King v. Pawlin
&al\

19. Aft of Parliament concerning the River of Thames is a Publick
Aft. Sid. 209. in pi. 3.

20. In Debt upon Bond, the Defendant pleaded the Statutes for Dif-
chargc of poor Prifoners; Exception was taken, That it is a Private Aft,
and ought to have been pleaded at Large ; For it does not concern all
poor Prifoners, but only thofe who were impriioned at that Time :
But it feemed to the Court, That it lhall be conltrued a Publick Aft.
ill, Becaule all the People of England may be conceaned as Creditors to
thefe poor Prifoners. 2. It is an Act of Charity, and therefore ought to
ha\e a more candid Interpretation. 3. It is an Aft too long, and diffi-
cult to be pleaded at Large, fo that it would put thefe poor People to a
greater Expence than they can bear, to plead it fpecially. Ld. Raym.
Rep. 120. Mich. 8 W~. 3. Jones v. Axen.

21. That



c;oo Statutes.



21. That the Statute ot" i Jac. i. cap. 22. 'concerning Tanners, is a ge-
neral Law, 2 Lutw. 141 o. in a Nota there of the Reporter it is laid to
have been refblv'd Mich. 9 W.3. Rot. 379. in C. B. in the Cafe of
Jaques v. Chandler.
The Dirtc- 22. An Act of Parliament concerning Revenue of the King is a Publick
rence is, Law, but it may be private in refpeft offome Claules in it relating to a

concern" the P rivaCe Pcrfon i Per Holt Ch " J' I2 Mod ' 2 49- Mich ' IO W > 3- Anon.
K:rtg'i Ktve- _ .

nuts jor the King's Mv ant apt, it is general, and judicial Notice to be taken of it; Seats where it con-
cerns it, in Order to a Diminution thereof to the Advantage of particular Perfons; and an Act of Parlia-
ment may be general in Part and particular in Part ; Per Holt Ch. J. 12 Mod. 613. in Cafe of Ingram
v. Foot.

The Aft of 23. Aft oj Compofition, and a Compofition purfuant thereunto, was plead-
s &9 c W "-'' ed in Ear to an Action of Debt upon a Bond, without reciting the Act or
GwiplfitHi laying Venue for the Compofition ; and for thefe Faults Jud. pro Quer.
between 12 Mod. 249. Mich. 10 W. 3. Dennis v. Roberts.

Debtors and

Creditors, isa private Aft. Ld. Raym. Rep. 5S1, 3S2. Mich, io W. 3. Piatt v. Hill.

ii Mod. 6V. 2 4- This Court is not obliged to take Notice of an Aft of Pardon, un-
S.C. and P. lels the Act compel this Court to take Notice of it ; (for an Aft of Par-
don is not a general Aft) And it is no Confequence, that becaufe a
Man may give it in Evidence upon the general I Hue pleaded, that there-
fore this Court fhall take Notice of it in Collateral Cafes ± Per Holt
Ch. J. Ld. Raym. Rep. 709. Hill. 12 W. 3. B. R. in Cafe of Ingram
v. Foote.



(C. 2) Of what Statutes, not being general, the Court
will take Notice without pleading.

i.rnpWifden J. thought, that tho' Part of an Aft of 15 Car. 2. (upon
JL which A. was indifted, for not paying Money to a new Work-
houle, according to the Statute) is private, yet if it concerns Middlefex,
being the County in which this Court fits, the Court will take Notice of it
as well as thole in London ought to take Notice of Statutes concerning
London, without pleading of them in their Courts there. Sid. 209.
Trin. 16 Car. 2. B. R. The King v. Pawlin & al. Overfeers of the Poor
of St. Clement's.



(D) Statute. In what Cafes it fhall take away the
Particular Intereft of a Particular Man.

Tho- he was n t jf a 09an oftljc clergy fjas a ©rant of tlje fting to be HifeljargfD


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