Page:Black's Law Dictionary (Second Edition).djvu/1116

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STATUTE

of statutes which have been revised. collected, lrl'7.l[LgEd in order, and re-enacted as a “hole; this is the legal title of the collections of compiled laws of several of the states and also of the United Statws.—Speoia1 statute. One which operates only upon particular persons and private ronceins. 1 Bl. Comrn. B6. Dis- nn-ruislied from a general or public statute. 0 —- tatuto fair. In English law. A fair at uhic-h liiboi-eis of both sexes stood and offered ilieinselies for hire; sninctimes cnllotl also "Mop."—Statute-mercliant. in English law. A security for a debt nthnowledged to be due, cntcrcd into before the chief niagislrnte of some trading town, piirsiiant to the statute 13 l<.'dw. I. Dc Mort-atonluuy, by which not only the body of the debtor might be imprisoned, and his goods seized in satisfaction of the debt, lint also his lands might be llEllyel'Pd to the creditor till out of the rents and profits of l'.l]el:L] the debt be satisfied. 2 Bl. Comm. 100. Now fallen in- [ii disuse. 1 Steph. Comm. 287. See Yates v. People. 0 Johns. (N. L) -lU4.—Sta.tute of accumulations. In l'nglish law. The statute 39 & -10 Geo. III. c 98. tnrhidtling the accumu- lation. beyond a certain poriorl, at propcrtv settled by deed or will.—Stntute of allegiance de fncto. An act of 1] Hon. \-'11. c. 1, re- “ qiiiiing S1lbj(‘(‘lJS to give their allc-,:ia.nce to the actual king for the time being, and protecting them in so doing.—Statute of distributions. See Dis'ri:m.U1'ioN.—stutute of Elizabeth. In English law. The statute 13 Elia. c. 5, am inst conveyances made in fraud of creditors. —-Statute of frauds. See FBAUDS, STATUTE Ol-' —Stzitute of Gloucester. In ETIEli.=h law. The statute 6 Edw. I. c. 1, A. D. 1278. it tithes its name from the place of its enact- ment, and “as the first statute giving costs in

iu-tiims. Comm. 3!'lD—Sta.tute of laborers. See LABOBER.—5tatute of limitations. See 1I:\ilTATIO’\' —Statuto of uses.

See UsE.—Stutute of wills. in English law. The statute 32 lien. \-‘III. c. 1, which enacted that all persons being seised in fee-simple (ex- cept fcmes coicrt, infants, idiots, and persons of non-siiue memory might, by will and tests- ment in writing. devise to any other person. except to bodies corporate. two-thirds of their lands. tenements, and hei'e-ditanients. held in cliirali-_v, and the whole of those held in soc.-ige. 2 Bl. Comm. 37.-'v.—Sts.tute roll. A roll upon which an English statute, after receiving the royal assent, was formerly entered.—Sta.tuts stnple. See S'rArLE.—ststul:es ut large. Statutes printed in full and in the 0l‘ll"l' of their enactment. in a coliected form, as distin- guished from any diccst, ielision, abridgnicnt. or compilation of them. Thus the volumes of "Unit:-tl St ites Statutes at Lai_ce." contain all 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 the British parliament from very early times to the 'present day.

Statutes in derogation of common law must be strictly construed. Cooley. Cniist. Lim. 75. note; Arthurs, Appeal of, 1 Grant Cns. (Ps.) 57.

STATUTI. Lat. In Roman law. Licensed or registered advocates: members of the college of advocates. The niirnber of these was limited, and they enjoyed special privileges from the time to Constantine to that of Justini-in.

STATUTORY. Relating to a statute; created or dehued by a statute: required hy a statute; conforming to a statute. —-Statutory crime. See Ci1i.\ii:.—Statutory dedication. Sec l')rni('.A'tioV.—Stai:iitory exposition. When the language of a statute

1108

STAURUM

is runbigiious, and any subsequent enactment involves a particular interpretation of ti": for n_io_r act. it is said to contain a statutory unp- sition of the former act. Wha_rl;on.—Sl:ntu.o- ry foreclosure. See I‘oiu-tci.osi:1ne.—.Statutory obligation. An obliga,tion—\i-lm.h.“- . pay n1oney,_ perform certain acts, or dial.‘ certa_Ln duties-—vihich is created by or R2 out of a statute, as distinguished from an fou_nded_11pDn acts between parties or juisl an latiuns-liips.—Statutnry release. A ruin.)- once which superseded the old compound‘ 1-«Ii once by lease and release. It was Cl‘€.fllI,ll by St 4 & 5 Vict. c. 21, which abolished the bise for a year.

STATUTUM. Lat. In the civil law. Established; determined. A term nppiicii on Judicial action. Dig. 50. 1G. 46, pr.

In old English law. A statute; an scl of parliament.

—Statutum de mercutorilms. The stntiito of Acton Buriiell. (I1. v.)—Stututiun Hibernia do colireretlibus. The statute 14 Linn. III. The third public act in the suitiitr-book. It has been pronounced not to be a Bt:ll.I.".E. in the fonn of it. it appears to be an iiistrrtiun given by the king to his justices in Ireland. di- recting them how to proceed in a certain point where they entertained a doubt. It seems the justices itineisnl: in that country had (1 doubt. when lnnd descended- to sisters. vihctlmr the younger sisters ought to hold of the ehlut, and do homage to her for their several portions. or ot the chief lord, and do homage to him: and certain knights had hecn sent over to know what the practice was in England in such A case. 1 Reeve, Eng. Law, 2-39.—Sl:ututum sessionum. In old English law. The statute session; a meeting in every hundred of constables and ll0llSE‘l10l(l€l'S, by custom, for the ordering of servants, and debsfing of ditiereaces be tween masters and servants. i-sting of wll;.'4’S, etc. 5 Eliz. c. 4.—Statutum Wallia. The statute of “'nlcs. The title of a statute passed in the twelfth year of Er]-w. I.. being a sort of constitution for the principality of Wales. which was thereby. in a great measure. put on the footing of England with respect to its inns and the administration of justice. 2 Reeve. Eng. Law. 93, '

Stzitutum nfiirmiitiv-um non derogat communi legi. Jenk. Cent. 24. An ulfiriii:itive statute does not derogata from the com- mon law.

Stntutum ex gratin. regis dioitur. quando re: tligniitnr cedere de jure suo regio. pro commode et quiete populi sui. 2 Inst. 378. A statute is said to be by the grace of the king, when the king dei::iis to yield some portion of his royal rights for the good and quiet of his people.

Statutum generuliter est intelligendum quandn verbs. statuti sunt specinlia, ratio autem generalis. When the words of :1 statute are special, but the reason of It general, the statute is to be understood gen erally. 10 Cake. 101.

Statutum specials statuto speclali non derogst. Jenh. Cent 199. One specinlst:1tute does not take from another special stat- lite.

STAURUM. stock of cattle.

In old records. A store. or

A term of common occur