| slovo | definícia |
statute
(mass) | statute
- nariadenie, predpis, ustanovenie |
statute
(encz) | statute,nařízení n: Zdeněk Brož |
statute
(encz) | statute,předpis n: Zdeněk Brož |
statute
(encz) | statute,stanovy n: Zdeněk Brož |
statute
(encz) | statute,statut n: Zdeněk Brož |
statute
(encz) | statute,ustanovení n: Zdeněk Brož |
statute
(encz) | statute,zákon n: [práv.] RNDr. Pavel Piskač |
Statute
(gcide) | 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] |
statute
(wn) | statute
adj 1: enacted by a legislative body; "statute law"; "codified
written laws" [syn: codified, statute(p)]
n 1: an act passed by a legislative body [syn: {legislative
act}, statute] |
STATUTE
(bouvier) | 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.
|
| | podobné slovo | definícia |
statute
(mass) | statute
- nariadenie, predpis, ustanovenie |
special statute
(encz) | special statute,zvláštní zákon n: [práv.] Ivan Masár |
statute
(encz) | statute,nařízení n: Zdeněk Brožstatute,předpis n: Zdeněk Brožstatute,stanovy n: Zdeněk Brožstatute,statut n: Zdeněk Brožstatute,ustanovení n: Zdeněk Brožstatute,zákon n: [práv.] RNDr. Pavel Piskač |
statute book
(encz) | statute book, |
statute law
(encz) | statute law, n: |
statute mile
(encz) | statute mile, n: |
statute of limitations
(encz) | statute of limitations, |
statute title
(encz) | statute title, n: |
statutes
(encz) | statutes,stanovy n: pl. Zdeněk Brožstatutes,zákony n: pl. Zdeněk Brož |
Penal statutes
(gcide) | Penal \Pe"nal\, a. [L. poenalis, fr. poena punishment: cf. F.
p['e]nal. See Pain.]
Of or pertaining to punishment, to penalties, or to crimes
and offenses; pertaining to criminal jurisprudence: as:
(a) Enacting or threatening punishment; as, a penal statue;
the penal code.
(b) Incurring punishment; subject to a penalty; as, a penal
act or offense.
(c) Inflicted as punishment; used as a means of punishment;
as, a penal colony or settlement. "Adamantine chains and
penal fire." --Milton.
[1913 Webster]
Penal code (Law), a code of laws concerning crimes and
offenses and their punishment.
Penal laws, Penal statutes (Law), laws prohibiting
certain acts, and imposing penalties for committing them.
Penal servitude, imprisonment with hard labor, in a prison,
in lieu of transportation. [Great Brit.]
Penal suit, Penal action (Law), a suit for penalties.
[1913 Webster] |
Private statute
(gcide) | Private \Pri"vate\ (?; 48), a. [L. privatus apart from the
state, peculiar to an individual, private, properly p. p. of
privare to bereave, deprive, originally, to separate, fr.
privus single, private, perhaps originally, put forward
(hence, alone, single) and akin to prae before. See Prior,
a., and cf. Deprive, Privy, a.]
1. Belonging to, or concerning, an individual person,
company, or interest; peculiar to one's self; unconnected
with others; personal; one's own; not public; not general;
separate; as, a man's private opinion; private property; a
private purse; private expenses or interests; a private
secretary.
[1913 Webster]
2. Sequestered from company or observation; appropriated to
an individual; secret; secluded; lonely; solitary; as, a
private room or apartment; private prayer.
[1913 Webster]
Reason . . . then retires
Into her private cell when nature rests. --Milton.
[1913 Webster]
3. Not invested with, or engaged in, public office or
employment; as, a private citizen; private life. --Shak.
[1913 Webster]
A private person may arrest a felon. --Blackstone.
[1913 Webster]
4. Not publicly known; not open; secret; as, a private
negotiation; a private understanding.
[1913 Webster]
5. Having secret or private knowledge; privy. [Obs.]
[1913 Webster]
Private act or Private statute, a statute exclusively for
the settlement of private and personal interests, of which
courts do not take judicial notice; -- opposed to a
general law, which operates on the whole community. In
the United States Congress, similar private acts are
referred to as private law and a general law as a
public law.
Private nuisance or wrong. See Nuisance.
Private soldier. See Private, n., 5.
Private way, a right of private passage over another man's
ground; also, a road on private land, contrasted with
public road, which is on a public right of way. --Kent.
[1913 Webster +PJC] |
public statute
(gcide) | Public \Pub"lic\, a. [L. publicus, poblicus, fr. populus people:
cf. F. public. See People.]
1. Of or pertaining to the people; belonging to the people;
relating to, or affecting, a nation, state, or community;
-- opposed to private; as, the public treasury.
[1913 Webster]
To the public good
Private respects must yield. --Milton.
[1913 Webster]
He [Alexander Hamilton] touched the dead corpse of
the public credit, and it sprung upon its feet. --D.
Webster.
[1913 Webster]
2. Open to the knowledge or view of all; general; common;
notorious; as, public report; public scandal.
[1913 Webster]
Joseph, . . . not willing to make her a public
example, was minded to put her away privily. --Matt.
i. 19.
[1913 Webster]
3. Open to common or general use; as, a public road; a public
house. "The public street." --Shak.
[1913 Webster]
public act or public statute (Law), an act or statute
affecting matters of public concern. Of such statutes the
courts take judicial notice.
Public credit. See under Credit.
Public funds. See Fund, 3.
Public house, an inn, or house of entertainment.
Public law.
(a) See International law, under International.
(b) A public act or statute.
Public nuisance. (Law) See under Nuisance.
Public orator. (Eng. Universities) See Orator, 3.
Public stores, military and naval stores, equipments, etc.
Public works, all fixed works built by civil engineers for
public use, as railways, docks, canals, etc.; but
strictly, military and civil engineering works constructed
at the public cost.
[1913 Webster] |
Retroactive statute
(gcide) | Retroactive \Re`tro*act"ive\, a. [Cf. F. r['e]troactif.]
Fitted or designed to retroact; operating by returned action;
affecting what is past; retrospective. --Beddoes.
[1913 Webster]
Retroactive law or Retroactive statute (Law), one which
operates to make criminal or punishable, or in any way
expressly to affect, acts done prior to the passing of the
law.
[1913 Webster] |
Special statute
(gcide) | Special \Spe"cial\, a. [L. specialis, fr. species a particular
sort, kind, or quality: cf. F. sp['e]cial. See Species, and
cf. Especial.]
1. Of or pertaining to a species; constituting a species or
sort.
[1913 Webster]
A special is called by the schools a "species". --I.
Watts.
[1913 Webster]
2. Particular; peculiar; different from others;
extraordinary; uncommon.
[1913 Webster]
Our Savior is represented everywhere in Scripture as
the special patron of the poor and the afficted.
--Atterbury.
[1913 Webster]
To this special evil an improvement of style would
apply a special redress. --De Quincey.
[1913 Webster]
3. Appropriate; designed for a particular purpose, occasion,
or person; as, a special act of Parliament or of Congress;
a special sermon.
[1913 Webster]
4. Limited in range; confined to a definite field of action,
investigation, or discussion; as, a special dictionary of
commercial terms; a special branch of study.
[1913 Webster]
5. Chief in excellence. [Obs.]
[1913 Webster]
The king hath drawn
The special head of all the land together. --Shak.
[1913 Webster]
Special administration (Law), an administration limited to
certain specified effects or acts, or one granted during a
particular time or the existence of a special cause, as
during a controversy respecting the probate of a will, or
the right of administration, etc.
Special agency, an agency confined to some particular
matter.
Special bail, Bail above, or Bail to the action (Law),
sureties who undertake that, if the defendant is
convicted, he shall satisfy the plaintiff, or surrender
himself into custody. --Tomlins. --Wharton (Law Dict.).
Special constable. See under Constable. --Bouvier.
Special damage (Law), a damage resulting from the act
complained of, as a natural, but not the necessary,
consequence of it.
Special demurrer (Law), a demurrer for some defect of form
in the opposite party pleading, in which the cause of
demurrer is particularly stated.
Special deposit, a deposit made of a specific thing to be
kept distinct from others.
Special homology. (Biol.) See under Homology.
Special injuction (Law), an injuction granted on special
grounds, arising of the circumstances of the case.
--Daniell.
Special issue (Law), an issue produced upon a special plea.
--Stephen.
Special jury (Law), a jury consisting of persons of some
particular calling, station, or qualification, which is
called upon motion of either party when the cause is
supposed to require it; a struck jury.
Special orders (Mil.), orders which do not concern, and are
not published to, the whole command, such as those
relating to the movement of a particular corps, a detail,
a temporary camp, etc.
Special partner, a limited partner; a partner with a
limited or restricted responsibility; -- unknown at common
law.
Special partnership, a limited or particular partnership;
-- a term sometimes applied to a partnership in a
particular business, operation, or adventure.
Special plea in bar (Law), a plea setting forth particular
and new matter, distinguished from the general issue.
--Bouvier.
Special pleader (Law), originally, a counsel who devoted
himself to drawing special counts and pleas; in a wider
sense, a lawyer who draws pleadings.
Special pleading (Law), the allegation of special or new
matter, as distingiushed from a direct denial of matter
previously alleged on the side. --Bouvier. The popular
denomination of the whole science of pleading. --Stephen.
The phrase is sometimes popularly applied to the specious,
but unsound, argumentation of one whose aim is victory,
and not truth. --Burrill.
Special property (Law), a qualified or limited ownership
possession, as in wild animals, things found or bailed.
Special session, an extraordinary session; a session at an
unusual time or for an unusual purpose; as, a special
session of Congress or of a legislature.
Special statute, or Special law, an act of the
legislature which has reference to a particular person,
place, or interest; a private law; -- in distinction
from a general law or public law.
Special verdict (Law), a special finding of the facts of
the case, leaving to the court the application of the law
to them. --Wharton (Law Dict.).
[1913 Webster]
Syn: Peculiar; appropriate; specific; dictinctive;
particular; exceptional; singular. See Peculiar.
[1913 Webster] |
Statute book
(gcide) | 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] |
Statute cap
(gcide) | 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] |
Statute fair
(gcide) | 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] |
statute fair
(gcide) | 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] |
Statute labor
(gcide) | 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] |
Statute law
(gcide) | Law \Law\ (l[add]), n. [OE. lawe, laghe, AS. lagu, from the root
of E. lie: akin to OS. lag, Icel. l["o]g, Sw. lag, Dan. lov;
cf. L. lex, E. legal. A law is that which is laid, set, or
fixed; like statute, fr. L. statuere to make to stand. See
Lie to be prostrate.]
1. In general, a rule of being or of conduct, established by
an authority able to enforce its will; a controlling
regulation; the mode or order according to which an agent
or a power acts.
[1913 Webster]
Note: A law may be universal or particular, written or
unwritten, published or secret. From the nature of the
highest laws a degree of permanency or stability is
always implied; but the power which makes a law, or a
superior power, may annul or change it.
[1913 Webster]
These are the statutes and judgments and laws,
which the Lord made. --Lev. xxvi.
46.
[1913 Webster]
The law of thy God, and the law of the King.
--Ezra vii.
26.
[1913 Webster]
As if they would confine the Interminable . . .
Who made our laws to bind us, not himself.
--Milton.
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His mind his kingdom, and his will his law.
--Cowper.
[1913 Webster]
2. In morals: The will of God as the rule for the disposition
and conduct of all responsible beings toward him and
toward each other; a rule of living, conformable to
righteousness; the rule of action as obligatory on the
conscience or moral nature.
[1913 Webster]
3. The Jewish or Mosaic code, and that part of Scripture
where it is written, in distinction from the gospel;
hence, also, the Old Testament. Specifically: the first
five books of the bible, called also Torah, Pentatech,
or Law of Moses.
[1913 Webster +PJC]
What things soever the law saith, it saith to them
who are under the law . . . But now the
righteousness of God without the law is manifested,
being witnessed by the law and the prophets. --Rom.
iii. 19, 21.
[1913 Webster]
4. In human government:
(a) An organic rule, as a constitution or charter,
establishing and defining the conditions of the
existence of a state or other organized community.
(b) Any edict, decree, order, ordinance, statute,
resolution, judicial, decision, usage, etc., or
recognized, and enforced, by the controlling
authority.
[1913 Webster]
5. In philosophy and physics: A rule of being, operation, or
change, so certain and constant that it is conceived of as
imposed by the will of God or by some controlling
authority; as, the law of gravitation; the laws of motion;
the law heredity; the laws of thought; the laws of cause
and effect; law of self-preservation.
[1913 Webster]
6. In mathematics: The rule according to which anything, as
the change of value of a variable, or the value of the
terms of a series, proceeds; mode or order of sequence.
[1913 Webster]
7. In arts, works, games, etc.: The rules of construction, or
of procedure, conforming to the conditions of success; a
principle, maxim; or usage; as, the laws of poetry, of
architecture, of courtesy, or of whist.
[1913 Webster]
8. Collectively, the whole body of rules relating to one
subject, or emanating from one source; -- including
usually the writings pertaining to them, and judicial
proceedings under them; as, divine law; English law; Roman
law; the law of real property; insurance law.
[1913 Webster]
9. Legal science; jurisprudence; the principles of equity;
applied justice.
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Reason is the life of the law; nay, the common law
itself is nothing else but reason. --Coke.
[1913 Webster]
Law is beneficence acting by rule. --Burke.
[1913 Webster]
And sovereign Law, that state's collected will
O'er thrones and globes elate,
Sits empress, crowning good, repressing ill. --Sir
W. Jones.
[1913 Webster]
10. Trial by the laws of the land; judicial remedy;
litigation; as, to go law.
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When every case in law is right. --Shak.
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He found law dear and left it cheap. --Brougham.
[1913 Webster]
11. An oath, as in the presence of a court. [Obs.] See {Wager
of law}, under Wager.
[1913 Webster]
Avogadro's law (Chem.), a fundamental conception, according
to which, under similar conditions of temperature and
pressure, all gases and vapors contain in the same volume
the same number of ultimate molecules; -- so named after
Avogadro, an Italian scientist. Sometimes called
Amp[`e]re's law.
Bode's law (Astron.), an approximative empirical expression
of the distances of the planets from the sun, as follows:
-- Mer. Ven. Earth. Mars. Aste. Jup. Sat. Uran. Nep. 4 4 4
4 4 4 4 4 4 0 3 6 12 24 48 96 192 384 -- -- -- -- -- -- --
--- --- 4 7 10 16 28 52 100 196 388 5.9 7.3 10 15.2 27.4
52 95.4 192 300 where each distance (line third) is the
sum of 4 and a multiple of 3 by the series 0, 1, 2, 4, 8,
etc., the true distances being given in the lower line.
Boyle's law (Physics), an expression of the fact, that when
an elastic fluid is subjected to compression, and kept at
a constant temperature, the product of the pressure and
volume is a constant quantity, i. e., the volume is
inversely proportioned to the pressure; -- known also as
Mariotte's law, and the law of Boyle and Mariotte.
Brehon laws. See under Brehon.
Canon law, the body of ecclesiastical law adopted in the
Christian Church, certain portions of which (for example,
the law of marriage as existing before the Council of
Tent) were brought to America by the English colonists as
part of the common law of the land. --Wharton.
Civil law, a term used by writers to designate Roman law,
with modifications thereof which have been made in the
different countries into which that law has been
introduced. The civil law, instead of the common law,
prevails in the State of Louisiana. --Wharton.
Commercial law. See Law merchant (below).
Common law. See under Common.
Criminal law, that branch of jurisprudence which relates to
crimes.
Ecclesiastical law. See under Ecclesiastical.
Grimm's law (Philol.), a statement (propounded by the
German philologist Jacob Grimm) of certain regular changes
which the primitive Indo-European mute consonants,
so-called (most plainly seen in Sanskrit and, with some
changes, in Greek and Latin), have undergone in the
Teutonic languages. Examples: Skr. bh[=a]t[.r], L. frater,
E. brother, G. bruder; L. tres, E. three, G. drei, Skr.
go, E. cow, G. kuh; Skr. dh[=a] to put, Gr. ti-qe`-nai, E.
do, OHG, tuon, G. thun. See also lautverschiebung.
Kepler's laws (Astron.), three important laws or
expressions of the order of the planetary motions,
discovered by John Kepler. They are these: (1) The orbit
of a planet with respect to the sun is an ellipse, the sun
being in one of the foci. (2) The areas swept over by a
vector drawn from the sun to a planet are proportioned to
the times of describing them. (3) The squares of the times
of revolution of two planets are in the ratio of the cubes
of their mean distances.
Law binding, a plain style of leather binding, used for law
books; -- called also law calf.
Law book, a book containing, or treating of, laws.
Law calf. See Law binding (above).
Law day.
(a) Formerly, a day of holding court, esp. a court-leet.
(b) The day named in a mortgage for the payment of the
money to secure which it was given. [U. S.]
Law French, the dialect of Norman, which was used in
judicial proceedings and law books in England from the
days of William the Conqueror to the thirty-sixth year of
Edward III.
Law language, the language used in legal writings and
forms.
Law Latin. See under Latin.
Law lords, peers in the British Parliament who have held
high judicial office, or have been noted in the legal
profession.
Law merchant, or Commercial law, a system of rules by
which trade and commerce are regulated; -- deduced from
the custom of merchants, and regulated by judicial
decisions, as also by enactments of legislatures.
Law of Charles (Physics), the law that the volume of a
given mass of gas increases or decreases, by a definite
fraction of its value for a given rise or fall of
temperature; -- sometimes less correctly styled {Gay
Lussac's law}, or Dalton's law.
Law of nations. See International law, under
International.
Law of nature.
(a) A broad generalization expressive of the constant
action, or effect, of natural conditions; as, death
is a law of nature; self-defense is a law of nature.
See Law, 4.
(b) A term denoting the standard, or system, of morality
deducible from a study of the nature and natural
relations of human beings independent of supernatural
revelation or of municipal and social usages.
Law of the land, due process of law; the general law of the
land.
Laws of honor. See under Honor.
Laws of motion (Physics), three laws defined by Sir Isaac
Newton: (1) Every body perseveres in its state of rest or
of moving uniformly in a straight line, except so far as
it is made to change that state by external force. (2)
Change of motion is proportional to the impressed force,
and takes place in the direction in which the force is
impressed. (3) Reaction is always equal and opposite to
action, that is to say, the actions of two bodies upon
each other are always equal and in opposite directions.
Marine law, or Maritime law, the law of the sea; a branch
of the law merchant relating to the affairs of the sea,
such as seamen, ships, shipping, navigation, and the like.
--Bouvier.
Mariotte's law. See Boyle's law (above).
Martial law.See under Martial.
Military law, a branch of the general municipal law,
consisting of rules ordained for the government of the
military force of a state in peace and war, and
administered in courts martial. --Kent. --Warren's
Blackstone.
Moral law, the law of duty as regards what is right and
wrong in the sight of God; specifically, the ten
commandments given by Moses. See Law, 2.
Mosaic law, or Ceremonial law. (Script.) See Law, 3.
Municipal law, or Positive law, a rule prescribed by the
supreme power of a state, declaring some right, enforcing
some duty, or prohibiting some act; -- distinguished from
international law and constitutional law. See Law,
1.
Periodic law. (Chem.) See under Periodic.
Roman law, the system of principles and laws found in the
codes and treatises of the lawmakers and jurists of
ancient Rome, and incorporated more or less into the laws
of the several European countries and colonies founded by
them. See Civil law (above).
Statute law, the law as stated in statutes or positive
enactments of the legislative body.
Sumptuary law. See under Sumptuary.
To go to law, to seek a settlement of any matter by
bringing it before the courts of law; to sue or prosecute
some one.
To take the law of, or To have the law of, to bring the
law to bear upon; as, to take the law of one's neighbor.
--Addison.
Wager of law. See under Wager.
Syn: Justice; equity.
Usage: Law, Statute, Common law, Regulation, Edict,
Decree. Law is generic, and, when used with
reference to, or in connection with, the other words
here considered, denotes whatever is commanded by one
who has a right to require obedience. A statute is a
particular law drawn out in form, and distinctly
enacted and proclaimed. Common law is a rule of action
founded on long usage and the decisions of courts of
justice. A regulation is a limited and often,
temporary law, intended to secure some particular end
or object. An edict is a command or law issued by a
sovereign, and is peculiar to a despotic government. A
decree is a permanent order either of a court or of
the executive government. See Justice.
[1913 Webster] |
Statute merchant
(gcide) | 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] |
Statute mile
(gcide) | Mile \Mile\ (m[imac]l), n. [AS. m[imac]l, fr. L. millia, milia;
pl. of mille a thousand, i. e., milia passuum a thousand
paces. Cf. Mill the tenth of a cent, Million.]
A certain measure of distance, being equivalent in England
and the United States to 320 poles or rods, or 5,280 feet.
[1913 Webster]
Note: The distance called a mile varies greatly in different
countries. Its length in yards is, in Norway, 12,182;
in Brunswick, 11,816; in Sweden, 11,660; in Hungary,
9,139; in Switzerland, 8,548; in Austria, 8,297; in
Prussia, 8,238; in Poland, 8,100; in Italy, 2,025; in
England and the United States, 1,760; in Spain, 1,552;
in the Netherlands, 1,094.
[1913 Webster]
Geographical mile or Nautical mile, one sixtieth of a
degree of a great circle of the earth, or 6080.27 feet.
Mile run. Same as Train mile. See under Train.
Roman mile, a thousand paces, equal to 1,614 yards English
measure.
Statute mile, a mile conforming to statute, that is, in
England and the United States, a mile of 5,280 feet, as
distinguished from any other mile.
[1913 Webster]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] |
Statute of frauds
(gcide) | Fraud \Fraud\ (fr[add]d), n. [F. fraude, L. fraus, fraudis;
prob. akin to Skr. dh[=u]rv to injure, dhv[.r] to cause to
fall, and E. dull.]
1. Deception deliberately practiced with a view to gaining an
unlawful or unfair advantage; artifice by which the right
or interest of another is injured; injurious stratagem;
deceit; trick.
[1913 Webster]
If success a lover's toil attends,
Few ask, if fraud or force attained his ends.
--Pope.
[1913 Webster]
2. (Law) An intentional perversion of truth for the purpose
of obtaining some valuable thing or promise from another.
[1913 Webster]
3. A trap or snare. [Obs.]
[1913 Webster]
To draw the proud King Ahab into fraud. --Milton.
[1913 Webster]
Constructive fraud (Law), an act, statement, or omission
which operates as a fraud, although perhaps not intended
to be such. --Mozley & W.
Pious fraud (Ch. Hist.), a fraud contrived and executed to
benefit the church or accomplish some good end, upon the
theory that the end justified the means.
Statute of frauds (Law), an English statute (1676), the
principle of which is incorporated in the legislation of
all the States of this country, by which writing with
specific solemnities (varying in the several statutes) is
required to give efficacy to certain dispositions of
property. --Wharton.
Syn: Deception; deceit; guile; craft; wile; sham; strife;
circumvention; stratagem; trick; imposition; cheat. See
Deception.
[1913 Webster] |
Statute of limitations
(gcide) | 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] |
Statute of uses
(gcide) | Use \Use\, n. [OE. us use, usage, L. usus, from uti, p. p. usus,
to use. See Use, v. t.]
[1913 Webster]
1. The act of employing anything, or of applying it to one's
service; the state of being so employed or applied;
application; employment; conversion to some purpose; as,
the use of a pen in writing; his machines are in general
use.
[1913 Webster]
Books can never teach the use of books. --Bacon.
[1913 Webster]
This Davy serves you for good uses. --Shak.
[1913 Webster]
When he framed
All things to man's delightful use. --Milton.
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2. Occasion or need to employ; necessity; as, to have no
further use for a book. --Shak.
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3. Yielding of service; advantage derived; capability of
being used; usefulness; utility.
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God made two great lights, great for their use
To man. --Milton.
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'T is use alone that sanctifies expense. --Pope.
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4. Continued or repeated practice; customary employment;
usage; custom; manner; habit.
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Let later age that noble use envy. --Spenser.
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How weary, stale, flat and unprofitable,
Seem to me all the uses of this world! --Shak.
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5. Common occurrence; ordinary experience. [R.]
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O Caesar! these things are beyond all use. --Shak.
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6. (Eccl.) The special form of ritual adopted for use in any
diocese; as, the Sarum, or Canterbury, use; the Hereford
use; the York use; the Roman use; etc.
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From henceforth all the whole realm shall have but
one use. --Pref. to
Book of Common
Prayer.
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7. The premium paid for the possession and employment of
borrowed money; interest; usury. [Obs.]
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Thou art more obliged to pay duty and tribute, use
and principal, to him. --Jer. Taylor.
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8. [In this sense probably a corruption of OF. oes, fr. L.
opus need, business, employment, work. Cf. Operate.]
(Law) The benefit or profit of lands and tenements. Use
imports a trust and confidence reposed in a man for the
holding of lands. He to whose use or benefit the trust is
intended shall enjoy the profits. An estate is granted and
limited to A for the use of B.
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9. (Forging) A stab of iron welded to the side of a forging,
as a shaft, near the end, and afterward drawn down, by
hammering, so as to lengthen the forging.
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Contingent use, or Springing use (Law), a use to come
into operation on a future uncertain event.
In use.
(a) In employment; in customary practice observance.
(b) In heat; -- said especially of mares. --J. H. Walsh.
Of no use, useless; of no advantage.
Of use, useful; of advantage; profitable.
Out of use, not in employment.
Resulting use (Law), a use, which, being limited by the
deed, expires or can not vest, and results or returns to
him who raised it, after such expiration.
Secondary use, or Shifting use, a use which, though
executed, may change from one to another by circumstances.
--Blackstone.
Statute of uses (Eng. Law), the stat. 27 Henry VIII., cap.
10, which transfers uses into possession, or which unites
the use and possession.
To make use of, To put to use, to employ; to derive
service from; to use.
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Statute staple
(gcide) | 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.
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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.
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2. An act of a corporation or of its founder, intended as a
permanent rule or law; as, the statutes of a university.
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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.
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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.
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Syn: Act; regulation; edict; decree. See Law.
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statute
(wn) | statute
adj 1: enacted by a legislative body; "statute law"; "codified
written laws" [syn: codified, statute(p)]
n 1: an act passed by a legislative body [syn: {legislative
act}, statute] |
statute book
(wn) | statute book
n 1: a record of the whole body of legislation in a given
jurisdiction |
statute law
(wn) | statute law
n 1: law enacted by a legislative body [syn: legislation,
statute law] |
statute mile
(wn) | statute mile
n 1: a unit of length equal to 1,760 yards or 5,280 feet;
exactly 1609.344 meters [syn: mile, statute mile, {stat
mi}, land mile, international mile, mi] |
statute of limitations
(wn) | statute of limitations
n 1: a statute prescribing the time period during which legal
action can be taken |
statute title
(wn) | statute title
n 1: a heading that names a statute or legislative bill; may
give a brief summary of the matters it deals with; "Title 8
provided federal help for schools" [syn: title, {statute
title}, rubric] |
NEGATIVE STATUTE
(bouvier) | NEGATIVE STATUTE. One which is enacted in negative terms, and which so
controls the common law, that it has no force in opposition to the statute.
Bro. Parl. pl. 72; Bac. Ab. Statutes, G.
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PENAL STATUTE
(bouvier) | PENAL STATUTES. Those which inflict a penalty for the violation of some of
their provisions.
2. It is a rule of law that such statutes must be construed strictly. 1
Bl. Com. 88; Esp. on Pen. Actions, 1; Rosc. on Conv.; Cro. Jac. 415; 1 Com.
Dig. 444; 5 Com. Dig. 360; 1 Kent, Com. 467. They cannot, therefore, be
extended by their spirit or equity to other offences than those clearly
described and provided for. Paine, R. 32; 6 Cranch, 171.
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RUNNING OF THE STATUTE OF LIMITATIONS
(bouvier) | RUNNING OF THE STATUTE OF LIMITATIONS. A metaphorical expression, by which
is meant that the time mentioned in the statute of limitations is considered
as passing. 1 Bouv. Inst. n. 861.
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STATUTE
(bouvier) | 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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STATUTE MERCHANT
(bouvier) | STATUTE MERCHANT, English law. A security entered before the mayor of
London, or some chief warden of a city, in pursuance of 13 Ed. 1. stat. 3,
c. 1, whereby the lands of the debtor are conveyed to the creditor, till out
of the rents and profits of them, his debt may be satisfied. Cruise, Dig. t.
14, s. 7; 2 Bl. Com. 160.
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STATUTES STAPLE
(bouvier) | STATUTES STAPLE, English law. The statute of the staple, 27 Ed. HI. stat. 2,
confined the sale of all commodities to be exported to certain towns in
England, called estaple or staple, where foreigners might resort. It
authorized a security for money, commonly called statute staple, to be taken
by traders for the benefit of commerce; the mayor of the place is entitled
to take a recognizance of a debt, in proper form, which has the effect to
convey the lands of the debtor to the creditor, till out of the rents and
profits of them he may be satisfied. 2 Bl. Com. 160; Cruise, Dig. tit. 14,
s. 10; 2 Rolle's Ab. 446; Bac. Ab. Execution, B. 1 4 Inst. 238.
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