Page:Black's Law Dictionary (Second Edition).djvu/1115

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ETATU LIBER

ranging facts illustrative of the condition and resources of a state. The subject is sometimes divided into (1) historical statistics, or facts which illustrate the former condition of a state; (2) statistics of population; (.1) of revenue; (4) of trade, commerce, and navigation; (5) of the moral, social, and physical condition of the people. Wharton.

STATU LIBER. Lat In Roman law. One who is made free by will under a condition; one who has his liberty fixed and appointed at a certain time or on a certain condition. Dig. 40, 7.

STATU LIB]-IRI. Lat. In Louisiana. Slaves for a time, who had acquired the right of being free at a time to come, or on a condition which was not fulfilled, or in a certain event which had not happened, but who in the mean time remained in a state of slavery. Civ. Code La (Ed. 1838) art. 87.

STATUS. The status of a person is his legal position or condition. Thus, when we say that the status of a woman after a decree m'.3l for the dissolution of her marriage with her hushand has been made, but before it has been made absolute, is that of a married wo- man, we mean that she has the some legal rights, liabilities, and disabilities as an ordi- nary married woman. The term is chiefly ipplied to persons under disahiiity, or persons who have some peculiar condition which prevents the general law from applying to them in the same Wav as it does to ordinary persons. Sweet. See Barney v. Tourteliotte, 138 Mass. 108: De la Montanyn v. De la Monlanya, 112 Cal. 115. 44 Pac. 345. 32 L. R. A. 82. {:3 Am. St. Rep. 165; Dunham v. Dunham, 57 Ill. App. 497.

There are certain rights and duties, with cert"LiI'i capacities and incapacitics to take rights and incur duties, by which persons, as subjects of law, are variously determined to certain classes. The rights, duties, capaoitios, or inca- pacities which determine a given person to any of these ciasses, constitute a condition or status W‘l61i3“'lilClIi the person is invested. Anst. Jur.

I .

—Stntus de xnsnerlo. The assembiy of the tenants in the court of the lord of a manor, in urtier to do their customary suit.—Si:atus of irremnvahility. In English law. The right acquired by u pauper, after one year's residence in any parish, not to Ll)9 removed therefrom.- Staizus gun. The existing state of things at any given date. Sta.tus qua ante bcllum,_ the state of things before the war.

Stntuta pro publico commorlo late interpretantur. Jenk. Cent. 21. Statutes made for the public good ought to be libei ai- iy construed.

Stntuta. sun cluduntur territnz-lo, nee ultra. territox-ium disponunt. Statutes are confined to their own territory, and have no exlraterritorial effect. Woodworth v. Spring, 4 Alien (Mass) 324.

STATUTABLE, or STATUTORY, is that which is introduced or governed by stat-

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STATUTE

ute law, as opposed to the common law or equity. Thus, a court is said to have statutory jurisdiction when jurisdiction is given to it in certain mattars by act of the legislature.

STATUTE, 1:. In old Scotch law. To ordain, establish, or decree.

STATUTE. n. An act of the legislature: a particular law enacted and established hy the will of the legislative department of government, expressed with the requlsita tormaiities.

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 pa1'l:iCulur state, from whatever source arising. Story, Confl. Laws, (5 12.

“Statuts" also sometimes means a kind of bond or ohligation of record, being an abbreviation for “statute merchant" or "statute staple." See infra.

—Afliuna.tive statute. See Arrnmwrrvizz. —Decla.x-story statute. See DECLAF vroer. —Enab1ing statute. See that title.—Expository statute. See that t'itle.—Gene1'al statute. A statute relating to the whole com- munity, or concerning all persons generally, as distinguished from a private or spedal statute. 1 Bl. Comm. S5, 86: 4 Coke, 75a.—Loca.1 statute. Slitli a statute as has for its object the interest of some particular iocniity, 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 statute expressed in negative terms; a statuto which prohibits a thing from being done. or declares what shall not be rioue—Pen statute. See PENAL.—Pe1-petual statute. One which is to remain in force without limitution as Ito time: one which contains no provision for its repeni, ahrogation, or expiration at any future tixnc-—Persona.l statutes. In forciml and modern 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, regulation, 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 abmin, but which. upon principles of justice and policy. he is assumed to carry with him wherever he goes. 2 Kent, Comm. 47-6. The term is also applied to statutes which, instead of being general, are confined in their op- eration to one person or group of persons. Rank of Columbia v. Walker. 14 Lea (Teun.l SOS: Saul V Creditors 5 _\Inrt. I\'. S. (Ls.) 591. 16 Am Dec 212 Private statute. A st tute which operates only upon particular persons, and private concerns. 1 ill. Comm. 86. An act which rciates to_ certain individuals. or tn purticuinr ciasses of men. Dwar. Sr. 620: State v. Chamhs-rs, 93 N. C. (‘>00 statute. A statute enacting a univer which regards the whole communitzv, as distin- guished from one which r:unct=1'ns oni_v particu- lar individuals and alfects only their privnts rights. Sec Code Civ. Proc. Cal. § 1808.- Real statutes. In the cixil law. Statutes which ha.ve principally for their object propertv, and which do not speak of persons, except in relation to property. Storv. Confi, ws. 5 1'3: Saul v. His Creditors. 5 iiiart. N. S. (La.) E‘-Q2, 16 Am. Dec. 212.--Remedial statute.

See REuEDIAL.—Il.ovised statutes. A body