statute 音标拼音: [st'ætʃut]
n . 法令,成文法律,法规,章程,条例
法令,成文法律,法规,章程,条例
statute adj 1 :
enacted by a legislative body ; "
statute law "; "
codified written laws " [
synonym : {
codified }, {
statute (
p )}]
n 1 :
an act passed by a legislative body [
synonym : {
legislative act }, {
statute }]
Statute \
Stat "
ute \ (-[-
u ]
t ),
n . [
F .
statut ,
LL .
statutum ,
from L .
statutus ,
p .
p .
of statuere to set ,
station ,
ordain ,
fr .
status position ,
station ,
fr .
stare ,
statum ,
to stand .
See {
Stand },
and cf . {
Constitute }, {
Destitute }.]
1 .
An act of the legislature of a state or country ,
declaring ,
commanding ,
or prohibiting something ;
a positive law ;
the written will of the legislature expressed with all the requisite forms of legislation ; --
used in distinction from {
common law }.
See {
Common law },
under {
Common },
a . --
Bouvier .
[
1913 Webster ]
Note :
Statute is commonly applied to the acts of a legislative body consisting of representatives .
In monarchies ,
the laws of the sovereign are called edicts ,
decrees ,
ordinances ,
rescripts ,
etc .
In works on international law and in the Roman law ,
the term is used as embracing all laws imposed by competent authority .
Statutes in this sense are divided into statutes real ,
statutes personal ,
and statutes mixed ;
statutes real applying to immovables ;
statutes personal to movables ;
and statutes mixed to both classes of property .
[
1913 Webster ]
2 .
An act of a corporation or of its founder ,
intended as a permanent rule or law ;
as ,
the statutes of a university .
[
1913 Webster ]
3 .
An assemblage of farming servants (
held possibly by statute )
for the purpose of being hired ; --
called also {
statute fair }. [
Eng .]
Cf .
3d {
Mop },
2 . --
Halliwell .
[
1913 Webster ]
{
Statute book },
a record of laws or legislative acts .
--
Blackstone .
{
Statute cap },
a kind of woolen cap ; --
so called because enjoined to be worn by a statute ,
dated in 1571 ,
in behalf of the trade of cappers . [
Obs .] --
Halliwell .
{
Statute fair }.
See {
Statute },
n .,
3 ,
above .
{
Statute labor },
a definite amount of labor required for the public service in making roads ,
bridges ,
etc .,
as in certain English colonies .
{
Statute merchant } (
Eng .
Law ),
a bond of record pursuant to the stat .
13 Edw .
I .,
acknowledged in form prescribed ,
on which ,
if not paid at the day ,
an execution might be awarded against the body ,
lands ,
and goods of the debtor ,
and the obligee might hold the lands until out of the rents and profits of them the debt was satisfied ; --
called also a {
pocket judgment }.
It is now fallen into disuse . --
Tomlins . --
Bouvier .
{
Statute mile }.
See under {
Mile }.
{
Statute of limitations } (
Law ),
a statute assigning a certain time ,
after which rights can not be enforced by action .
{
Statute staple },
a bond of record acknowledged before the mayor of the staple ,
by virtue of which the creditor may ,
on nonpayment ,
forthwith have execution against the body ,
lands ,
and goods of the debtor ,
as in the statute merchant .
It is now disused . --
Blackstone .
[
1913 Webster ]
Syn :
Act ;
regulation ;
edict ;
decree .
See {
Law }.
[
1913 Webster ]
67 Moby Thesaurus words for "
statute ":
Eighteenth Amendment ,
Prohibition Party ,
Volstead Act ,
act ,
assize ,
ban ,
bill ,
bylaw ,
canon ,
contraband ,
decree ,
decretum ,
denial ,
dictate ,
dictation ,
disallowance ,
edict ,
embargo ,
enactment ,
exclusion ,
forbiddance ,
forbidden fruit ,
forbidding ,
form ,
formality ,
formula ,
formulary ,
index ,
index expurgatorius ,
index librorum prohibitorum ,
inhibition ,
injunction ,
institution ,
interdict ,
interdiction ,
interdictum ,
jus ,
law ,
legislation ,
lex ,
measure ,
no -
no ,
ordinance ,
ordonnance ,
precept ,
preclusion ,
prescript ,
prescription ,
prevention ,
prohibition ,
prohibitory injunction ,
proscription ,
refusal ,
regulation ,
rejection ,
repression ,
restrictive covenants ,
rubric ,
rule ,
ruling ,
ruling out ,
standing order ,
sumptuary laws ,
suppression ,
taboo ,
zoning ,
zoning laws STATUTE .
The written will of the legislature ,
solemnly expressed according to the forms prescribed in the constitution ;
an act of the legislature .
2 .
This word is used in contradistinction to the common law .
Statutes acquire their force from the time of their passage unless otherwise provided .
7 Wheat .
R .
104 :
1 Gall .
R .
62 .
3 .
It is a general rule that when the provision of a statute is general ,
everything which is necessary to make such provision effectual is supplied by the common law ;
Co .
Litt .
235 ;
2 Inst .
222 ;
Bac .
Ab .
h .
t .
B ;
and when a power is given by statute ,
everything necessary for making it effectual is given by implication :
quando le aliquid concedit ,
concedere videtur et id pe quod devenitur ad aliud .
12 Co .
130 ,
131 2 Inst .
306 .
4 .
Statutes are of several kinds ;
namely ,
Public or private .
1 .
Public statutes are those of which the judges will take notice without pleading ;
as ,
those which concern all officers in general ;
acts concerning trade in general or any specific trade ;
acts concerning all persons generally .
2 .
Private acts ,
are those of which the judges will not take notice without pleading ;
such as concern only a particular species ,
or person ;
as ,
acts relating to any particular place ,
or to several particular places ,
or to one or several particular counties .
Private statutes may be rendered public by being so declared by the legislature .
Bac .
Ab .
h .
t .
F ;
1 Bl .
Com .
85 .
Declaratory or remedial .
1 .
A declaratory statute is one which is passed in order to put an end to a doubt as to what the common law is ,
and which declares what it is ,
and has ever been .
2 .
Remedial statutes are those which are made to supply such defects ,
and abridge such superfluities in the common law as may have been discovered .
1 Bl .
Com .
86 .
These remedial statutes are themselves divided into enlarging statutes ,
by which the common law is made more comprehensive and extended than it was before ;
and into restraining statutes ,
by which it is narrowed down to that which is just and proper .
The term remedial statute is also applied to those acts which give the party injured a remedy ,
and in some respects those statutes are penal .
Esp .
Pen .
Act .
1 .
6 .
Temporary or perpetual .
1 .
A temporary statute is one which is limited in its duration at the time of its enactment .
It continues in force until the time of its limitation has expired ,
unless sooner repealed .
2 .
A perpetual statute is one for the continuance of which there is no limited time ,
although it be not expressly declared to be so .
If ,
however ,
a statute which did not itself contain any limitation ,
is to be governed by another which is temporary only ,
the former will also be temporary and dependent upon the existence of the latter .
Bac .
Ab .
h .
t .
D .
7 .
Affirmative or negative .
1 .
An affirmative statute is one which is enacted in affirmative terms ;
such a statute does not take away the common law .
If ,
for example ,
a statute without negative words ,
declares that when certain requisites shall have been complied with ,
deeds shall ,
have in evidence a certain effect ,
this does not prevent their being used in evidence ,
though the requisites have not been complied with ,
in the same manner as they might have been before the statute was passed .
2 Cain .
R .
169 .
2 .
A negative statute is one expressed in negative terms ,
and so controls the common law ,
that it has no force in opposition to the statute .
Bro .
Parl .
pl .
72 ;
Bac .
Ab .
h .
t .
G .
8 .
Penal statutes are those which order or prohibit a thing under a certain penalty .
Esp .
Pen .
Actions ,
5 Bac .
Ab .
h .
t .
I ,
9 .
Vide ,
generally ,
Bac .
Ab .
h .
t .;
Com .
Dig .
Parliament ;
Vin .
Ab .
h .
t .;
Dane '
s Ab .
Index ,
h .
t .;
Chit .
Pr .
Index ,
h .
t .;
1 Kent ,
Com .
447 -
459 ;
Barrington on the Statutes ,
Boscaw .
on Pen .
Stat .;
Esp .
on Penal Actions and Statutes .
9 .
Among the civilians ,
the term statute is generally applied to all sorts of laws and regulations ;
every provision of law which ordains ,
permits ,
or prohibits anything is 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 ,
civilians call the common law .
They divide statutes into three classes ,
personal ,
real and mixed .
10 .
Personal statutes are those which have principally for their object the person ,
and treat of property only incidentally ;
such are those which regard birth ,
legitimacy ,
freedom ,
the fight of instituting suits ,
majority as to age ,
incapacity to contract ,
to make a will ,
to plead in person ,
and the like .
A personal statute is universal in its operation ,
and in force everywhere .
11 .
Real statutes are those which have principally for their object ,
property ,
and which do not speak of persons ,
except in relation to property ;
such are those which concern the disposition ,
which one may make of his property either alive or by testament .
A real statute ,
unlike a personal one ,
is confined in its operation to the country of its origin .
12 .
Mixed statutes are those which concern at once both persons and property .
But in this sense almost all statutes are mixed ,
there being scarcely any law relative to persons ,
which does not at the same time relate to things .
Vide Merl .
Repert .
mot Statut ;
Poth .
Cout .
d '
Orleans ,
ch .
1 ;
17 Martin '
s Rep .
569 -
589 ;
Story '
s Confl .
of Laws ,
Sec .
12 ,
et seq .;
Bouv .
Inst .
Index ,
h .
t .
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