statute

-or perhaps even (what "Chevron" also excludes from deference) "manifestly contrary to the statute," we will discuss in the next Part of this opinion.

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.

n. An act of the legislature; a particular law enacted and established by the will of the legislative department of government, expressed with the requisite formalities.

In foreign and civil law. Any particular municipal law or usage, though resting for its authority on judicial decisions, or the practice of nations. 2 Kent, Comm. 456. The whole municipal law of a particular state, from whatever source arising. Story, Confl. Laws, § 12. "Statute" also sometimes means a kind of bond or obligation of record, being an abbreviation for "statute merchant" or "statute staple." See infra.

— Affirmative statute. See Affirmative.

— Declaratory statute. See Declaratory.

— Enabling statute. See that title.

— Expository statute. See that title.

— General statute. A statute relating to the whole community, or concerning nil persons generally, as distinguished from a private or special statute. 1 Bl. Comm. 85, 86 ; 4 Coke, 75a.

— Local statute. Such a stafute as has for its object the interest of some particular locality, as the formation of a road, the alteration of the course of a river, the formation of a public market in ,a particular district, etc.

— Negative statute. A stafute expressed in negative terms; a statute which prohibite a thing from being done, or declares what shall not be done

— Penal statute. See Penal.

— Perpetual statute. One which is to remnin in force without limitation as to lime; one which contains no provision for its repeal, abrogation, or expiration at any future time.

— Personal statutes. In foreign and modem civil law. Those statutes which have principally for their object the person, and treat of property only incidentally. Story, Confl. Laws, § 13. A personal statute, in this sense of the term, is a law, ordinance, regnia-tion, or custom, the disposition of which affects the person, and clothes him with a capacity or incapacity, which he does not change with every change of abode, but which, upon principles of justice and policy, he is assumed to carry with him wherever he goes. 2 Kent, Comm. 456. The term is also applied to statutes which, instead of being general, are confined in their operation to one person or group of persons. Bank of Columbia v. Walker, 14 Lea (Tenn.) 808; Saul v. Creditors, 5 Mart. N. S. (La.) 591, 16 Am. Dec. 212.

— Private statute. A statute which operates only upon particular persons, and private concerns. 1 Bl. Comm. 86. An act which relates to certain individuals, or to particular classes of men. Dwar. St. 629; State v. Chambers, 93 N. C. 600.

— Public statute. A statute enacting a universal rule which regains the whole community, as distinguished from one which concerns only particular individuals and affects only their private rights. See Co.de Civ. Proc. Cad. § 1898.

— Real statutes. In the civil law. Statutes which have principally for their object property, and which do not speak of persons, except in relation to property. Story, Co.nfl. Laws, § 13; Saul v. His Creditors, 5 Mart. N. S. (La.) 582, 16 Am. Dec. 212.

— Remedial statute. See Remedial.

— Revised statutes. A body of stafutes which have been revised, collected, arsanged in order, and re-enacted as a whole; this ls the legal title of the collections of compiled laws of several of the states and also of the United States.

— Special statute. One which operates only upon particular persons and private concerns. 1 Bl. Comm. 86. Distinguished from a general or public statute.

— Statute fair. In English law. A fair at which laborers of bath sexes stood and offered themselves for hire; sometimes calied also "Mop."

— Statute-merchant. In English law. A security for a debt acknowledged to be due, entered into bsfore the chief magistrate of some trading town, pursuant to the statute 13 Edw. I. De Mercatoribus, by which not only the body of the debtor might be imprisoned, and his goods seized in satisfaction of the debt, but also his lands might be delivered to the creditor till out of the rents and profits of them the debt be satisfied. 2 Bl. Comm. 160. Now fallen into disuse. 1 Steph. Comm. 287. See Yates v. People, 6 Johns. (N. Y.) 404.

— Statute of accumulations. In English law. The statute 39 & 40 Geo. III. c. 98, forbidding the accumulation, beyond a certain period, of property settled by deed or will.

— Statute of allegiance de facto. An act of 11 iHen. VII. c. 1, requiring subjects to give their allegiance to the actual king for the time being, and protecting them in so doing.

— Statute of distributions. See Distribution.

— Statute of Elizabeth. In English law. The stafute 13 Eliz. c. 5, against conveyances made in fraud of creditors.

— Statute of frauds. See Frauds, Statute of.

— Statute of Gloucester. In English law. The stafute 6 Edw. I. c. 1, A. D. 1278. It takes its name from the place of its enactment, and was the first statute giving costs in actions. 3 Bl. Comm. 399

— Statute of laborers. See Laborer.

— Statute of limitations. See Limitation.

— Statute of uses. See Use.

— Statute of wills. In English law. The stafute 32 Hen. VIII. a 1, which enacted that all persons being seised in fee-simple (except femes covert, infants, idiots, and persons of non-sane memory might, by will and testament in writing, devise to any other person, except to bodies corporate, two-thirds of their lands, tenements, and hereditaments, held in chivalry, and the whole of those held in socage. 2 Bl. Comm. 375.

— Statute roll. A roll upon which an English statute, after receiving the royal assent, was formerly entered.

— Statute staple. See Staple.

— Statutes at large. Stafutes printed in full and in the order of their enactment, in a collected form, as distinguished from any digest, revision, abridgment, or compilation of them. Thus the volumes of "United States Stafutes at Large," contain ali the acts of congress in their order. The name is also given to an authentic collection of the various statutes which have been passed by i the British parliament from very early times to the present day. Statutes in derogation of common law must he strictly construed. Cooley, Const. LIm. 75, note; Arthurs, Appeal of, 1 Grant Cas. (Pa.) 57.

In old Scots law. To establish.

When the act complained of is prohibited by a statute, these technical words

The written will of; the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. ‘This word is used in contradistinction to the common law. Statutes acquire their force from the time of their passage unless otherwise provided. It is a general rule that when the provision of a statute is general, every thing which is necessary to make such provision effectual is supplied by the common law, Co. Litt. 235; 2 Inst. 222; 6 Bac. Ab. 369; and when a power is given by statute, every thing necessary for making it effectual is given by implication: quando lez aliquid concedit, concedere videtur et id per quod devenitur ad alliud. 12 Co. 130, 131; 2 Inst. 306. Statutes are of several kinds; namely, Public or private. 1.

Public statutes. are those of which the judges will take notice without pleading; as, those which concern all officers in general; acts concerning trade in general, or any specific trade; acts concerning all persons generally.— 2. Private acts, are those of which the judges will not take notice without pleading; such as concern only a particular species, or person; as, acts relating to any particular place, or to several particular places, or to one or several particular counties.

Private statutes. may be rendered public by being so declared by the legislature. Bac. Ab. h. t. (F); 1 Bl. Com. 85. Declaratory or remedial. 1.A declaratory statute is one which is and which declares what it is, and has ever been.— 2. Remedial statutes are those which are made to supply such defects, and abridge such superfluities in the common law which. may have been discovered. 1 Bl. Com. 86. These remedial statutes are themselves divided into enlarging statutes, by which the common law is made more comprehensive and extended than it was before; and in restraining statutes, by which it is narrowed down to what 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 these statutes are penal. Esp. Pen. Act, 1. Temporary or perpetual. 1. 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.—2. 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, however, a statute which did not itself contain any limitation, is to be governed by another which is temporary only, the former will also be tem-. porary and dependent upon the existence of the latter. Bac. Ab. h. t. (D). Affirmative or negative. 1. An affirmative statute is one which is enacted in affirmative terms; such a statute does not take away the common law. If, for example, a statute without negative, words, declares that when certain requisites shall have been complied with, deeds shall have in evidence a certain effect, this does not prevent their being used in evidence, though the requisites have not heen complied with, in the same manner as they might negative statute is one expressed in negative terms, and so controls the common law, that it has no force in Opposition to the statute. Bro. Parl. pl. 72; Bac. Ab. h. t. (G). Penal statutes are those which order or prohibit a thing under a certain penalty. Esp. Pen. Actions, 5; Bac. Ab. h. t. (I), 9. Vide, generally, Bac. Ab. h. t.; Com. Dig. Parliament; Vin. Ab. h. t.; Dane’s Ab. Index, h. t.; Chit. Pr. Index, h. t.; 1 Kent, Com. 447— 459; Barrington on the Statutes; Boscaw. on Pen. Stat.; Esp. on Penal Actions and Statutes. Among the civilians the term statute is generally applied to all sorts of laws and regulations; every provision of law which ordains, permits or prohibits any thing is a statute; without considering from what source it arises. Sometimes the word is used in contradistinction to the imperial Roman law, which by way of eminence civilians call the common law. They divide statutes into three classes, personal, real and mixed.

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 every where. Real statutes are those which have principally for their object property, and which do not speak of persons, except in relation to property; such are those which concern the disposition, which one may make of his property either alive or by testament. A real statute, unlike a personal one, is confined in its operaconcern 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. Vide Merl. Répert. mot. Statut; Poth. Cout. d’Orléans, ch. 1; 17 Martin’s Rep. 569-589; Story’s Confl. of Laws, § 12, et seq.