(330) succeeds in place of the thing [sold.] case, or one which has not occurred beCalv. Lex. citing Gæddœus. A maxim quoted in the early English books. 2 Bulstr. 312. (331) meam auferre. The king and the state [the government,] may take my property for just cause. 12 Co. 13. Translated in Branch's Principia to mean the very reverse. tice. A fine or payment which was due to ceps et respublica ex justa causa possunt rem the king on suing out the writ of præcipe, at the commencement of the proceedings to levy a fine of lands. 2 Bl. Com. 350. (332) 3. Burr. Circ. Evid. 3, 119. A fact which is the principal and ultimate object of an inquiry, and respecting the existence of which a definite belief is required to be formed. Id. 3. (333) tortious taking and the tortious detention. committed for trial. 2 N. Y. Rev. St. Id. ibid. (334) having charge of it) as a place of custody and not of punishment; (sed hujusmodi interdicta sunt à lege, quia carcer ad continendos et non puniendos haberi debeat.) Bract. fol. 104 b, 105. The whole drift of the chapter is to show that punishments should not be extended beyond their proper limits, and particularly, that where imprisonment was inflicted as a punishment, it should be attended with no unnecessary severities. This explanation clearly leads to the conclusion that a prison was, in Bracton's time, a place of punishment, as is directly shown, indeed, by other expressions of the same author; (sc. pœna carceris; the punishment of the prison,) and by the very common expression of Britton, punys par prison et par fyn. Fleta speaks of the cruelties inflicted upon prisoners in aggravation of their punishment, such as hanging up by the feet, loading with iron, &c. in terms of condemnation. Fleta, lib. 1, c. 26, §§ 4, 5. And see the whole chapter. (335) vidual, and of which he has the exclusive right of disposition; property of a specific, fixed and tangible nature, capable of being had in possession and transmitted to another, such as houses, lands and chattels. 29 Mississippi R. 21, 32. PRIVATE STATUTE (or ACT.) A statute which operates only upon particular persons, and private concerns. 1 Bl. Com. 86.-An act which relates to certain individuals, or to particular classes of men. Dwarris on Statutes, 629.-A statute which concerns only a particular species; a particular thing, or a particular person. 4 Co. 76 a. 1 Term R. 125. A statute which relates to a particular place or town. 4 Co. 76 b. Skin. 350. And see Hale's Hist. Com. Law, (Runnington's ed.) 3. Generally speaking, statutes are public, and a private statute may rather be considered as an exception to a general rule. It operates upon a particular thing or private persons. 1 Kent's Com. 459. (336) designated by law. See 1 Burr. Pr. 89- terms. Heinecc. Elem. Jur. Civ. ub. sup. 92. And see Tayl. Civ. Law, 234, 235. 46, note (e.)