Legal Term Dictionary

that which is introduced or governed by statute 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 matters by act of the legislature.

that which is introduced or governed by statute 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 matters by act of the legislature. Less...

v. In old Scotch law. To ordain, establish, or decree.

v. In old Scotch law. To ordain, establish, or decree. Less...

n. An act of the legislature; a particular law enacted and established by the will of the legislative department of government, expressed with the requisite formalities. In foreign and civil law. Any particular municipal law or usage, though resting for its authority on judicial decisions, or the practice of nations. More...

n. An act of the legislature; a particular law enacted and established by the will of the legislative department of government, expressed with the requisite formalities. 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 particular state, from whatever source arising. Story, Confl. Laws, f 12. "Statute" also sometimes means a kind of bond or o obligation of record, being an abbreviation for "statute merchant" or "statnte staple." See infra. -Affirmative statute. See AFFIRMATIVE. -Declaratory statute. See DECLARATORY. -Enabling statute. See that title.-Expository statute. See that title.-General statute. A statute relating to the whole community, or concerning all persons generally, as distinguished from a private or special statute. 1 Bl. Comm. 85, 86; 4 Coke, 75a.-Local statute. Such a statute as has for its object the interest of some particular locality, 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 statute which prohibits a thing from being done, or declares what shall not be done.-Penal statute. See PENAL.-Perpetual statute. One which is to remain in force without limitation as to time; one which contains no provision for its repeal, abrogation, or expiration at any future time.-Personal statutes. In foreign and modern civil law. Those statutes which have principally for their object the person, and treat of property only incidentally. Story, Confl. Laws, g 13. A personal statute, in this sense of the term, is a law. ordinance, reflation, 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 abode, but which, upon principles of justice and policy, he is assumed to carry with him wherever he goes. 2 Kent, Comm. 456. The term is also applied to statutes which, instead of being general, are confined in their operation to one person or group of persons. Bank of Columbia v. Walker, 14 Lea (Tenn.) 308; Saul v. Creditors. 5 Mart N. S. (La.) 591, 16 Am. Dec. 212.-Private statnte. A statute which operates only upon particular persons, and private concerns. 1 Bl. Comm. 86. An act which relates to certain individuals, or to particular classes of men. Dwar. St. 629: State v. Chambers, 93 N. C. 600.-Public statute. A statute enacting a universal rule which regards the wholecommunity, as distinguished from one which concerns only particular individuals and affects only their private rights. See Code Civ. Proc. Cal. J 1896.- Real statutes. In the civil law. Statutes which have principally for their object property, and which do not speak of persons, except in relation to property. Story, Confl. Laws, f 13; Saul v. His Creditors, 5 Mart N. S. (La.) 582, 16 Am, Dec. 212.-Remedial statute. See REMEDIAL.-Revised statutes. A body of statutes which have been revised, collected, arranged in order, and re-enacted as a whole; this is the legal title of the collections of compiled laws of several of the states and also of the United States.-Special statute. One which operates only upon particular persons and private concerns. 1 Bl. Oomm. 86. Distinguished from a general or public statute. -Statute fair. In English law. A fair at which laborers of both sexes stood and offered themselves for hire; sometimes called also "Mop."-Statute-merchant. In English law. A security for a debt acknowledged to be due, entered into before the chief magistrate of some trading town, pursuant to the statute 13 Edw. I. De llcrcatoribus, by which not only the body of the debtor might be imprisoned, and his goods seized in satisfaction of the debt, but also his lands might be delivered to the creditor till out of the rents and profits of them the debt be satisfied. 2 Bl. Comm. 160. Now fallen into disuse. 1 Steph. Comm. 287. See Yates v. People, 6 Johns. (N. Y.) 404.-Statute of accumulations. In English law. The statute 39 & 40 Geo. III. c. 98, forbidding the accumulation, beyond a certain period, of property settled by deed or will.-Statute of allegiance de facto. An act of 11 Hen. VII. c. 1, requiring subjects to give their allegiance to the actual king for the time being, and protecting them in so doing.-Statnte of distributions. See DISTRIBUTION.-Statute of Elisabeth. In English law. The statute 13 Eliz. c. 5, against conveyances made in fraud of creditors. -Statute of frauds. See FRAUDS, STATUTE OF.-Statute of Gloucester. In English law. The statute 6 Edw. I..c. 1, A. D. 1278. It takes its name from the place of its enactment, and was the first statute giving costs in actions. 3 Bl. Comm. 391).-Statute of laborers. See LABORER.-Statnte of limitations. See LIMITATION.-Statnte of uses. See USE.-Statute of wills. In English law. The statute 32 Hen. VIII. c. 1, which enacted that all persons being seised in fee-simple (except femes covert, infants, idiots, and persons of non-sane memory might, by will and testament in writing, devise to any other person, except to bodies corporate, two-thirds of their lands, tenements, and hereditaments, held in chivalry, and the whole of those held in socage. 2 Bl. Comm. 375.-Statute roll. A roll upon which an English statute, after receiving the royal assent, was formerly entered.-Statute staple. See STAPLE.-Statutes at large. Statutes printed in full and in the order of their enactment, in a collected form, as distinguished from any digest, revision, abridgment, or compilation of them. Thus the volumes of "United States Statutes at Large," 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, Const. Lim. 75, note; Arthurs, Appeal of, 1 Grant Cas. (Pa.) 57. Less...

Lat. In Roman law. Licensed or registered advocates; members of the college of advocates. The number of these was limited, and they enjoyed special privileges from the time to Constantine to that of Justinian.

Lat. In Roman law. Licensed or registered advocates; members of the college of advocates. The number of these was limited, and they enjoyed special privileges from the time to Constantine to that of Justinian. Less...

The status of a person is his legal position or condition. Thus, when we say that the status of a woman after a decree nisi for the dissolution of her marriage with her husband has been made, but before It has been made absolute, is that of a married woman, More...

The status of a person is his legal position or condition. Thus, when we say that the status of a woman after a decree nisi for the dissolution of her marriage with her husband has been made, but before It has been made absolute, is that of a married woman, we mean that she has the same legal rights, liabilities, and disabilities as an ordinary married woman. The term is chiefly applied to persons under disability, or persons who have some peculiar condition which prevents the general law from applying to them in the same way as it does to ordinary persons. Sweet See Barney v. Tourtellotte, 138 Mass. 108; De la Montanya v. De la Montanya, 112 Cal. 115, 44 Pac. 345, 32 L. R. A. 82, 53 Am. St Rep. 165; Dunham v. Dunham, 57 111. App. 497. There are certain rights and duties, with certain capacities and incapacities to take rights and incur duties, by which persons, as subjects of law, are variously determined to certain classes. The rights, duties, capacities, or incapacities which determine a given person to any of these classes, constitute a condition or status with which the person is invested. Aust Jur. 8 973. -Status de manerlo. The assembly of the tenants in the court of the lord of a manor, in order to do their customary suit-Status of irremovability. In English law. The right acquired by a pauper, after one year's residence in any parish, not to he removed therefrom.- Status quo. The existing state of things at any given date. Status quo ante helium, the state of things before the war. Statute pro publico oommodo late in-terpretantur. Jenk. Cent 21. Statutes made for the public good ought to be liberally construed. Statuta suo oluduntur territorio, nee ultra territorium disponnnt. Statutes are confined to their own territory, and have no extraterritorial effect. Woodworth v. Spring, 4 Allen (Mass.) 324. Less...

Relating to a statute; created or defined by a statute; required by a statute; conforming to a statute. -Statutory crime. See CRIME.-Statutory dedication. See DEDICATION.-Statutory exposition. When the language of a statute is ambiguous, and any subsequent enactment involves a particular interpretation of the former act, it is said to More...

Relating to a statute; created or defined by a statute; required by a statute; conforming to a statute. -Statutory crime. See CRIME.-Statutory dedication. See DEDICATION.-Statutory exposition. When the language of a statute is ambiguous, and any subsequent enactment involves a particular interpretation of the former act, it is said to contain a statutory exposition of the former act. Wharton.-Statutory foreclosure. See FORECLOSURE.-Statutory obligation. An obligation-whether to pay money, perform certain acts, or discharge certain duties-which is created by or arises out of a statute, as distinguished from ono founded upon acts between parties or jural relationships.-Statutory release. A conveyance which superseded the old compound assurance by lease and release. It was created by St. 4 & 5 Vict a 21, which abolished the lease for a year. Less...

In old records. A store, or stock of cattle. A term of common occurrence in the accounts of monastic establishments. Spelman; Cowell.

In old records. A store, or stock of cattle. A term of common occurrence in the accounts of monastic establishments. Spelman; Cowell. Less...

This term is commonly used in Indictments for larceny, ("take, steal, and carry away,") and denotes the commission of theft. But In popular usage, "stealing" seems to be a wider term than "larceny," inasmuch as it may include the unlawful appropriation of things which are not technically the subject .of More...

This term is commonly used in Indictments for larceny, ("take, steal, and carry away,") and denotes the commission of theft. But In popular usage, "stealing" seems to be a wider term than "larceny," inasmuch as it may include the unlawful appropriation of things which are not technically the subject .of larceny, e. p., immovables. See Randall v. Evening News Ass'n, 101 Mich. 561, 60 N. W. 301; People v. Du-mar, 42 Hun (N. Y.) 85; Com. v. Kelley, 184 Mass. 320, 68 N. E. 346; Holmes v. Gil-man, 64 Hun, 227, 10 N. Y. Supp. 151; Dun-nell v. Flske, 11 Mete. (Mass.) 554; Barnhart v. State, 164 Ind. 177, 56 N. E. 212. -Stealing children. See KIDNAPPING. Less...

Lat In tbe civil law. Established; determined. A term applied to judicial action. Dig. 50, 16, 46, pr. In old English law. A statute; an act of parliament -Statutum do mercatoribus. The statute of Acton Burnell. (q. t?.)-Statutum Hibernis de cohaeredibus. The statute 14 Hen. III. The third public act More...

Lat In tbe civil law. Established; determined. A term applied to judicial action. Dig. 50, 16, 46, pr. In old English law. A statute; an act of parliament -Statutum do mercatoribus. The statute of Acton Burnell. (q. t?.)-Statutum Hibernis de cohaeredibus. The statute 14 Hen. III. The third public act in the statute-book, It has been pronounced not to be a statute. In the form of it, it appears to be an instruction given by the king to bis justices in Ireland, directing them how to proceed in a certain point where they entertained' a doubt. It seems the justices itinerant in that country had a doubt when land descended to sisters, whether the younger sisters ought to hold of the eldest and do homage to her for their several portions, or of the chief lord, and do homage to him; and certain knights had been sent over to know what the practice was in England in such a case. 1 Reeve, Eng. Law, 259.-Statutum sessionum. In old English law. The statute session; a meeting in every hundred of constables and householders, by custom, for the ordering of servants, and debating of differences between masters and servants, rating of wages, etc, 5 Eliz. c 4.-Statutum Wallise. The statute of Wales. The title of a statute passed in the twelfth year of EMw. 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 laws and the administration of justice. 2 Reeve, Eng. Law, 93, 94. Statutum affirmatiTum non derogat eommnni legi. Jenk. Cent 24. An affirmative statute does not derogate from the common law. Statutum en gratia regis dieitnr, q.uaav-do rex dignatur cedere de jure suo regio, pro eammodo et qniete populi sui. 2 Inst 878. A statute is said to be by the grace of the king, when the king deigns to yield some portion of his royal rights for the good and quiet of his people. Statutum generaliter est intelligem-dum quando verba statnti sunt speeialia, ratio autem generally. When the words of a statute are special, but the reason of It general, the statute is to be understood generally. 10 Coke, 101. Statutum speoiale statuto speciali mon derogat. Jenk. Cent 199. One special statute does not take from another special statute. Less...

In practice. A stopping; the act of arresting a judicial proceeding, by the order of a court See In re Schwarz (D. C.) 14 Fed. 788. -Stay laws. Acts of the legislature prescribing a stay of execution in certain cases, or a stay of foreclosure of mortgages, or closing the More...

In practice. A stopping; the act of arresting a judicial proceeding, by the order of a court See In re Schwarz (D. C.) 14 Fed. 788. -Stay laws. Acts of the legislature prescribing a stay of execution in certain cases, or a stay of foreclosure of mortgages, or closing the courts for a limited period, or providing that suits shall not be instituted until a certain time after the cause of action arose, or otherwise suspending legal remedies; designed for the relief of debtors, in times of general distress or financial trouble.-Stay of execution. The stopping or arresting of execution on a judgment, that is, of the judgment-creditor's right to issue execution, for a limited period. This is given by statute in many jurisdictions, as a privilege to the debtor, usually on his furnishing bail for the debt, costs, and interest. Or it may take place by agreement of the parties. See National Docks, etc., Co. v. Pennsylvania R. Co., 54 N. J. Eq. 167, 33 Atl. 936.-Stay of proceedings. The temporary suspension of the regular order of proceedings in a cause, by direction or order of the court usually to await the action of one of the parties in regard to some omitted step or some act which the court has required him to perform as incidental to the suit; as where a non-resident plaintiff has been ruled to give security for costs. See Wallace v. Wallace, 13 Wis. 226; Lewton v. Hower, 18 Fht. 876; Ross iter v. iEtna L. Ins. Qo., 96 Wis. 466. 71 N. W. 898. Less...