Statute

A law established by the act of the legislative power; an act of the legislature; the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. This word is used to designate the written law, in contradistinction to the unwritten law. See "Common Law." tions of every sort., Every provision of law which ordains, permits, or prohibits anything is designated a "statute," without considering from what source it arises. Sometimes the word_ is used in contradistinction from the imperial Roman law, which, by way of eminence, civilians call the "common law." In Old Common Law. A bond or obligation of record. See "Statute Merchant;" "Statute Staple." Classification: (1) An affirmative statute is one which is enacted in afiirmative terms. Such a statute does not necessarily take away the common law.

2 Inst. 200; Dwarr. St. 474.

If, for example, a statute without negative words declares that, when certain requisites shall have been complied with, deeds shall have a certain effect as evidence, this does not prevent their being used in evidence, though the requisites have not been complied with, in the same manner as they might have been before the statute was passed.

2 Caines (N. Y.) 169.

Nor does such an affirmative statute repeal a precedent statute if the two can both be given effect. Dwarr. St. 474. (2) A declaratory statute is one which is passed in order to put an end to a doubt as to what is the common law or the meaning of another statute, and which declares what it is and ever has been. (3) A negative statute is one expressed in negative terms, and so controls the common law that it has no force in opposition to the statute. Bac. Abr. "Statute" (G). (4) Penal statutes are those which command or prohibit a thing under a certain p^alty. Espinasse, Pen. Act. 5; Bac. Abr. See, generally, Bac. Abr.; Comyn, Dig. "Parliament;" Viner, Abr.; Dane, Abr. Index; Chit. Prac; 1 Kent, Comm. 447-459; Barr. Obs. St.; Boscawen, Pen. St; Espinasse, Pen. Act.; Dwarr. St.; Sedgw. Const. Law. A statute affixing a penalty to an act, though it does not in words prohibit it, thereby makes it illegal. 14 Johns. (N. Y.) 273; 1 Bin. (Pa.) 110; 37 Eng. Law & Eq. 475; 14 N. H. 294; 4 Iowa 490; 7 Ind. 77. (5) Mandatory statutes are such as. imperatively require compliance. (6) Directory statutes are such as may be violated without invalidating the acts done in violation of it. (7) Permissive statutes are_ those which allow something without requiring it. (8) A perpetual statute is one for the continuance of which there is no limited time, although it be not expressly declared to be so. If a statute which did not itself contain any limitation is to be governed by another which is temporary only, the former will also be temporary and dependent upon the (9) A temporary statute is one Which is limited In its duration at the time of its enactment. It continues in force until the time of its limitation has expired, unless sooner repealed. A statute which by reason of its nature, has only a single and temporary operation — e. g., an appropriation bill — is also called a "temporary statute." The most ancient English statute extant is Magna Charta. Formerly the statutes enacted after the beginning of the reign of Edw. III. were called Nova Statuta, or new statutes, to distinguish them from the ancient statutes. The modern English statutes are divided into public general acts, local and personal acts declared public, private acts printed, and private acts not printed. In parliamentary practice are adopted other distinctions, resting upon different grounds. (10) A remedial statute is one made to supply such defects and abridge such superfluities in the common law as may have been discovered.

1 Bl. Comm. 86.

These remedial statutes are themselves divided into (a) "Enlarging" statutes, by which the common law is made more comprehensive and extended than it was before, and into (b) "Restraining" statutes, by which it is narrowed down to that which is just and proper. The term "remedial statute" is also applied to those acts which give the party injured a remedy, and in some respects such statutes are penal.

Espinasse.

Pen. Act. 1. (11) Public statutes are those which affect the public at large, whether their operation be throughout the state, or in a particular locality. 93 N. C. 600. (12) Private statutes are such as affect in a peculiar manner certain persons or classes.

43 N. Y. 10.

By the civilians, statutes are considered as real, personal, or mixed. (1) Mixed statutes are those which concern at once both persons and property; but in this sense almost all statutes are mixed, there being scarcely any law relative to persons which does not at the same time relate to things. (2) Personal statutes are those which have principally for their object the person, and treat 'of property only incidentally. Such are those which regard birth, legitimacy, freedom, the right of instituting suits, majority as to age, incapacity to contract, to make a will, to plead in person, and the like. A personal statute is universal in its operation, and in force everywhere. (3) Real statutes are those which have principally for their object property, and vfhich do not speak of persons except in relation to property.

Story, Confl. Laws, §_ 13.

Such are those which concern the disposition which one may make of his fined in its operation to the country of its origin.