STATUTE. A law established by the act of the legislative power. An act of the leg islature. The written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state.
It is said that "statute" (statutum) was first used in an act of 55 Henry III. ; 21 Law Mag. & Rev. 310.
This word is used to designate the written law in contradistinction to the unwritten law. See COMMON LAW.
Among the civilians, the term statute is generally applied to laws and regulations of every sort ; every provision of law which ordains, permits, or prohibits anything is des ignated 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, civil ians call the common law. Wharton.
A negative statute is one expressed in neg ative terms, and so controls the common law that it has no force in opposition to the stat ute. Bac. Abr. Statute (G).
An affirmative statute is one which is en acted in affirmative terms.
Such a statute does not necessarily take away the common law ; Co. 2d Inst. 200 ; 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 they might have been before the statute was passed ; Jackson v. Bradt, 2 Caines (N. Y.) 169 ; or a custom ;
6 Cl. & F. 41. Nor does such an affirmative statute repeal a precedent statute if the two can both be giveri effect ; Dwarris, Statute 474. The distinction between negative and affirmative statutes has been considered in accurate ; 13 Q. B. 33.
A declaratory statute is one which is pass ed 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.
Penal statutes are those which command or prohibit a thing under a certain penalty. Bac. Abr. A statute affixing a penalty to an act, though it does not in words prohibit it, thereby makes It illegal ; Hallett v. No vion, 14 Johns. (N. Y.) 273 ; 37 E. L. & E. 475 ; Skelton v. Bliss, 7 Ind. 77. See INTER