STATITTE. A law established by the act of the legislative power. An act of the legis lature. The written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state.
This word ia used to designate the written law in contradistinction to the unwritten law. See COMMON LAW.
Among the civilians, tbe term statute is generally applied to laws and regulations of every sort ; very provision of law which ordains, permits, or pro hibits any thing is designated a statute, without considering from what source it arises. Sometimes the word is used in contradistinction from the im perial Roman law, whioh, by way of eminence, eivilians call the common law.
An affirmative statute is one which is enact ed in iffirmative terms.
Such a statute does not necessarily take away the common law. Coke 2c1 'Inst. 200 ; Dwarria, Stat. 474. If, for example, a statute without nega tive 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 WOO pa,ssed. 2 Caines, N. Y. 169. Nor does such an affirmative statute repeal a precedent statute if the two can both be given effect. Dwarris, Stat. 474.
A declaratory statute is oue which is passed in order to put an end to a doubt as to what is the common raw or the meaning of another statute, and which declares what it is and ever has been.
A negative statute is one expressed in nega tive terms, and so controls the common law that it has no force in opposition to the statute. Bacon, Abr. Statute (G).
Penal statutes are those which command or prohibit a thing under a certain !penalty. Espinasse, Pen. Act. 5 ; Bacon, Abr. See, generally, Bacon, Abr. ; Comyns, Dig. Par liament ; Viner, Abr. ; Dane, Abr. Index ; Chitty, Pract. ; 1 Kent, Comm. 447-459 ; Barrington, Statutes ; Boscawen, Pen. Stat.; Espinasse, Pen. Act. ; Dwarris, Stat. ; Sedg
wick, Const. Law. A statute affixing a pen alty to an act, though it does not in words prohibit it, thereby makes it illegal. 14 Johns. N. Y. 273 ; 1 Binn. Penn. 110 ; 37 Eng. L. & Eq. 475 ; 14 N. H. 294; 4 Iowa, 490 ; 7 Ind. 77.
A popetual statute is one for the continu ance of which there is no limited time, al though it be not expressly declared to b6 If a statute which did not itself contain any limit. ation is to be governed by another which is tem porary only, the former will also be temporary and dependent upon the existence of the latter. Bacon, Abr. Statute (D).
Private statutes or acts are those of which the judges will not take notice without plead ing ; such as concern only a particular species or person.
Private statutes may be rendered public by being so declared by the legislature. Baoon, Abr. Statute (F); 1 Blackstone, Comm. 85,86; Dwarris, Statutes 629 ; 4 Coke, 76 ; 1 Term, 125 ; Skinn. 350. And see Hale, Hist. Comm. Law, Runnington's ed. 3; 1 Kent, Comm. 459. Private statutes will not bind strangers I though they should not contain any eaving uf their rights. A general saving clause used to be inserted in all private bills • but it is settled that, even if such saving clause ge omitted, the act will bind none but the imam Public statutes are those of which the courts will take judicial notice without .pleading or proof.
They are either general or local,—that i8, have operation throughout the state at large, or within a particular locality. It is not easy to say what degree of limitation will render an act local. Thus, it haa been held that a public act relating to one county only is not local within the meaning of a constitutional provision which forbids enactments of local hills embracing more than one subject.
5 N. Y. 285; 2 Sandf. N. Y. 355; 1 Hilt. N. Y. 483.
A remedial atatute is one made to supply such defects and abridge such superfluities in the common law as may have been discovered. 1 Blackstone, Corum. 86.