STATUTE (Lat. statutem, statute, neu. sg. of statutes, p.p. of statucre, to set up, establish, from stoma, supine of store, to stand). A law enacted or promulgated in writing by the su preme legislative body of a government, or by its authority. Statute law is sometimes spoken of as written law to distinguish it from the common or unwritten law, which is established exclusively by judicial decision. All statutes have their source in the official action of the legislative body. the form of which may vary according to the particular form of government under which it acts. The validity of a statute in any given case depends not only upon the legislative body's being lawfully constituted, but upon its constitutional authority to act. (See CONSTITUTIONAL LAW.) Statutes piny be en acted by indirect legislation. that is, by some subordinate legislative body whose acts derive their validity from the sanction of the supreme legislative body. Thus, in England Orders in Council and the various rules of court adopted under the judicature acts, and in the United States the ordinances of Boards of Aldermen, and the ordinances of Boards of Health under the various public health acts, are examples of statutes en acted by indirect legislation.
The procedure by which statutes are created by legislative enactment has been fully discussed under the topics PARLIAMENT: CONGRESS; LEGIS LATION ; etc.; to which reference is here made. In England the acts of Parliament have the full force of statutory law without the approval of the sov ereign. although it is the established custom for the sovereign to promulgate all statutes by and with the advice and consent of the Lords Spiritual and Temporal in this present Parlia ment assembled." In the United States the acts of Congress require the assent of the President of the United States, and the acts of the various legislatures require the assent of the Governors of their respective States to give them validity as statutes. See VETO.
Statute laws may be classified with reference to the purpose for which they are enacted, with reference to the subject-matter of the statutes, and with reference to the compliance with the statute 'required. With reference to their pur
pose, statutes are said to be (a) Declaratory, when passed for the purpose of affirming a rule of the common law which is uncertain or in definite, or a statute of doubtful meaning; (b) Remedial. when passed for the purpose of reme dying defects or supplying omissions in the statute or common law ; (e) Penal, when passed for the purpose of prohibiting acts specified in the statute and imposing a penalty for its vio lation. With reference to their subject mat ter. they are said to be (a ) Public, when ap plicable to the entire community. and (b) Pri vate (see the explanation of these terms un der the titles LAw : LEGISLATION : PUBLIC LAW; etc.), as distinguished from public when applicable to a single individual or corpora tio n. or to a limited number of individuals. The distinction between public and private statutes, made as early as the reign of Richard II., now has considerable importance, owing to various statutory and constitutional provisions requiring the publication of public and private statutes separately. Statutes have also been classified with reference to the extent of terri tory in which they are applicable. Those stat utes are said to be (a) General, when they ap ply to the entire territory subject to the legis lative jurisdiction of the law-making body, and (b) Local, when they extend only to a single or limited political division of such territory, as statutes enacted by State legislatures which apply only to a single town, city, or county.
With reference to the subject matter also, statutes are classified as Enabling acts, which confer rights or privileges, as the Married Women's Enabling Acts; and Disabling acts, which take away rights or privileges hitherto en joyed, as statutes requiring legal voters to have new or additional qualifications.