Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.
§ 1898.“Public and private statutes” defined
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 2. Public Writings · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1898 divides statutes into public and private, defining a private statute as one concerning only certain designated individuals and affecting only their private rights, with every other statute, including those creating or affecting corporations, treated as public.
Full Text of § 1898
Plain-English Summary
Not every statute operates the same way, and this section sorts them into two classes. A private statute is narrow by definition: it concerns only certain designated individuals and affects only their private rights, rather than setting a rule of general application.
Everything that does not fit that narrow description counts as a public statute, and the section is explicit that statutes creating or affecting corporations fall on the public side of the line, even though a corporation might seem to resemble a designated private party. The classification matters for how a statute is proved and treated as a matter of evidence.
Frequently Asked Questions
What makes a statute "private" under this section?
That it concerns only certain designated individuals and affects only their private rights.
Are statutes about corporations treated as public or private?
Public. Section 1898 expressly includes statutes creating or affecting corporations among the public statutes.
What happens to a statute that doesn't fit the private-statute definition?
It is a public statute; the section treats all other statutes as public.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: public versus private statute californiadefinition of private statute corporations