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STATUTE , a See also:law made by the " See also:sovereign See also:power " in the See also:state (see See also:ACT of See also:PARLIAMENT). It forms a See also:part of the lex scripta, or written law, which by See also:English legal authorities is used solely for statutory law, a sense much narrower than it See also:bore in See also:Roman law. To make a statute the concurrence of the See also:Crown and the three estates of the See also:realm is necessary. Thus a so-called statute of 5 Ric. II. c. 5, directed against the See also:Lollards, was afterwards repudiated by the See also:Commons as passed without. their assent. The validity of a statute was indeed at times claimed for ordinances such 'as that just mentioned, not framed in accordance with constitutional See also:rule, and was actually given to royal proclamations by 31 See also:Hen. VIII. c. 8 (1539). But this act was repealed by 1 Edw. VI. c. 12, and since that See also:time nothing but a statute has possessed the force of a statute, unless indeed certain rules or orders depending ultimately for their See also:sanction upon a statute may be said to have such force. Examples of what may be called indirect legislation of this See also:kind are orders in See also:council (see PRIVY COUNCIL), by-See also:laws made under the See also:powers of the Public See also:Health Acts, Municipal See also:Corporation Acts and other Acts, and rules of See also:court such as those made under the powers of the Judicature Acts and Acts of See also:Sederunt of the Court of Session.
The See also:list of English statutes as at See also:present existing begins with the Statute of Merton, 12351 Many of the earlier statutes are known by the names of the places at which they were passed, e.g. the Statutes of Merton, Marlbridge, See also:Gloucester, See also:Westminster, or by their initial words, e.g. Quia Emptores, Circumspecte Agatis. The earliest existing statute See also:roll is 6 Edw. I. (the Statute of Gloucester), After 4 Hen. VII. the statute roll ceased to be made up, and enrolments in See also:chancery (first made in 1485) take its See also:place. Some of the acts See also:prior to the Statute of GIoucester are of questionable authority, but have gained recognition by a kind of See also:prescription.
All statutes were originally public, irrespective of their subject-See also:matter. The See also:division into public and private See also:dates from the reign of See also:Richard III. At present statutes are of four kinds, public See also:general acts, public See also:local and See also:personal acts, private acts printed by the See also: In 1815 a resolution was passed in accordance with which private acts are printed, with the exception of name, See also:estate, See also:naturalization and See also:divorce acts. The last two are now practically superseded by the provisions of the Divorce Act 1857 (except as to See also:Ireland and See also:India), and the Naturalization Act 1870. Since 1815 it has been usual to refer to public general acts by Arabic numerals, e.g. 3 Edw. VII. c. 21, public local and personal acts by small Roman numerals, e.g. 3 Edw. VII. c. xxi. Each act is strictly but a See also:chapter of the legislation of the session, which is regarded as composing a single act divided into chapters for convenience, the chapters themselves being also called acts. The See also:citation of previous acts is provided for by 13 and 14 Viet. C. 21, § 3. It is now usual for each chapter or act to contain a See also:short See also:title by which it may be cited, e.g. the Elementary See also:Education Act 1870. The Short Titles Act 1892 created short titles for numerous single acts and See also:groups of acts, and since then it has been usual to cite acts and groups by their short titles—where possible
1 Ruffhead's edition of the statutes begins with the Magna Carta of 12215. But in the Revised Statutes that See also:form of Magna Carta which is now law appears as a statute of the See also:year 1297. It is often known as Confirmatio cartarum, and is a See also:recital and See also:confirmation by See also:Edward I. of the See also:chief provisions of See also: Formerly an act took effect from the first See also:day of the session in which it was passed. The hardship caused by this technical rule has been obviated by 33 Geo. III. c. 13, by which an act takes effect from the day on which it receives the royal assent, where no other date is named. This has been held to mean the beginning of the day, so as to govern all matters occurring on that day. An act cannot in the strict theory of English law become obsolete by disuse. Nothing short of See also:repeal can limit its operation. The law has, however, been interpreted in many cases with somewhat less rigour. In the See also:case of a See also:prosecution for See also:blasphemy in 1883 (R. v. See also:Ramsay) See also:Lord See also:Coleridge said, " though the principles of law remain unchanged, yet (and it is one of the advantages of the See also:common law) their application is to be changed with the changing circumstances of the times." This would be applicable as much to the See also:interpretation of statutes as to other parts of the common law. The title, See also:preamble and marginal notes are strictly no part of a statute, though they may at times aid its interpretation. Besides the fourfold division above mentioned, statutes are often classed according to their subject-matter, as perpetual and temporary, penal and beneficial, imperative and See also:directory, enabling and disabling. Temporary acts are those which expire at a date fixed in the act itself. Thus the See also:Army Act is passed annually- and continues for a year; the See also:Ballot Act 1872 expired at the end of 188o, and the Regulation of See also:Railways Act 1873 at the end of five years. By means of these temporary acts experimental legislation is rendered possible in many cases where the success of a new departure in legislation is doubtful. In every session an Expiring Laws Continuance Act is passed for the purpose of continuing (generally for a year) a consider-able number of these temporary acts. By 48 Geo. III. c. 1o6 a continuing act is to take effect from the date of the expiration of a temporary act, where a See also:bill for continuing the temporary act is in parliament, even though it be • not actually passed before the date of the expiration. Penal acts are those which impose a new See also:disability; beneficial, those which confer a new favour. An imperative statute (often negative or prohibitory in its terms) makes a certain act or omission absolutely necessary, and subjects a contravention of its provisions to a See also:penalty. A directory statute (generally affirmative in its terms) recommends a certain act or omission, but imposes no penalty on non-observance of its provisions. To determine whether an act is imperative or directory the act itself must be looked at, and many See also:nice questions have arisen on the application of the rule of law to a particular case. Enabling statutes are those which enlarge the common law, while disabling statutes restrict it. This division is to some extent coincident with that into beneficial and penal. Declaratory statutes, or those simply in affirmance of the common law, were at one See also:period not uncommon, but they are now practically unknown. The See also:Treason Act 1351 is an example of such a Statute. Statutes are sometimes passed in See also:order to overrule specific decisions of the courts. Examples are the Factors Act 1877, the Territorial See also:Waters See also:Jurisdiction Act 1878, the Married See also:Women's See also:Property Act 1893, the See also:Trade Disputes Act 1906. The construction or interpretation of statutes depends partly on the common law, partly on statute. The See also:main rules of the common law, as gathered from the best authorities, are these: ' This See also:opinion carries out to a certain extent the view of See also:Locke, who in See also:article 79 of his Carolina See also:Code recommended the determination of acts of the legislature by effluxion of time after a See also:hundred years from their enactment.Statutes are to be construed, not according to their See also:mere See also:letter, but according to the See also:intent and See also:object with which they were made. (4) The relation of the statute to the common law is to be considered. In the words of the resolution of the Court of See also:Exchequer in Heydon's case, 3 See also:Coke's See also:Rep. 7, the points for See also:consideration are: " (a) What was the common law before the making of the act ? (b) What was the See also:mischief and defect against which the common law did not provide? (c) What remedy the parliament hath resolved and appointed to cure the disease of the See also:Commonwealth? (d) The true See also:reason of the remedy." (3) Beneficial or remedial statutes are to be liberally, penal more strictly, construed. (4) Other statutes in pari materia are to he taken into consideration. (5) A statute which treats of persons of inferior See also:rank cannot by general words be extended to those of See also:superior rank. (6) A statute does not bind the Crown, unless it be named therein. (7) Where the See also:provision of a statute is general, everything necessary to make such provision effectual is implied. (8) A later statute repeals an earlier, as far as the two are repugnant, but if they may stand together repeal will not be presumed. (9) There is a presumption against creation of new or ousting of existing jurisdictions, against impairing obligations, against retrospective effect, against violation of See also:international law, against monopolies, and in general against what is inconvenient or unreasonable. (to) If a statute inflicts a penalty, the penalty implies a See also:prohibition of the act or omission to which the penalty is imposed. Whether the remedy given by statute is the only one depends on the words of the particular act. In some cases an See also:action or an See also:indictment will See also:lie; in others the statutory remedy, generally See also:summary, takes the place of the common law remedy. In some instances the courts have construed the See also:imposition of a penalty as operating not to invalidate a See also:contract but to create a tax upon non-compliance with the terms of the statute. The Interpretation Act 1889 provides an See also:authentic interpretation for numerous words and phrases of frequent occurrence in statutes. In addition to these general provisions most statutes contain an interpretation clause or interpretation clauses dealing with See also:special words or phrases. A very detailed example is s. 742 of the See also:Merchant See also:Shipping Act 1894.
e earlier acts are generally See also:simple in See also:character and See also:language, and comparatively few in number. At present the number passed every session is enormous; in the session of 1906 it was 58 general and 212 local and personal acts, the former being under the See also:average. Without going as far as to concede with an eminent legal authority that of such legislation three-fourths is unnecessary and the other See also:fourth mischievous, it may be admitted that the immense library of the statutes would be but a trackless See also:desert without trustworthy guides. Revision of the statutes was evidently regarded by the legislature as desirable as See also:early as 1563 (see the preamble to 5 See also:Elie. c. 4). It was demanded by a See also:petition of the Commons in 161o. Both Coke and See also: This edition is of course subject to the disadvantage that it becomes less accurate every year as new legislation appears. A See also:Chronological Table and See also:Index of the Statutes which are still law is published from time to time by the council of law See also:reporting.
The chief See also:editions of the See also:British statutes are the Statutes of the Realm printed by the king's printers, Ruffhead's and the See also:fine See also:folio edition issued from 1810 to 1824 in pursuance of an address from the See also:House of Commons to See also:George III.
See also:Scotland.
The statutes of the Scottish parliament before the See also:union differed from the English statutes in two important respects: they were passed by the estates of the See also:kingdom sitting together and not in See also:separate houses, and from 1367 to 1690 they were discussed only after preliminary consideration by the lords of the articles? An act
2 The Scottish parliament from an early date discharged its functions by the aid of two committees known as the legislative and judicial committees. The legislative committee were termed lords of the articles and existed until 1688. The judicial committee were called lords auditors.
other See also:direct tax, unless in proportion to the several states, or of a tax or See also:duty on exports, the preference of the ports of one state over those of another, the See also:drawing of See also:money from the See also:treasury except by appropriations made by law, and the See also: " The See also:section further forbids imposition of duties on imports or exports or any duty of See also:tonnage without consent of See also:Congress. State constitutions often contain further restrictions; among the more usual are See also:pro-visions against laws with a retrospective operation, or impairing the obligation of contracts, or dealing with more than one subject to be expressed in the title. The time when a statute is to take effect after its passing is often fixed by state constitutions. The statutes of the See also:United States were revised under the powers of an act of Congress passed in 1874 (sess. i, c. 333), and the See also:volume of Revised Statutes was issued in 1875. There was a second edition in 1878 and several supplements have appeared since that date. Many of the states have also issued revised editions of their statutes. The rules of construction are in general agreement with those adopted in See also:England. In some states the See also:referendum has been introduced in certain cases. See also:Continental See also:European Countries. 814 of the Scottish parliament may in certain cases cease to be binding by desuetude. " To bring an act of parliament like those we are dealing with " (i.e. the See also:Sabbath Profanation Acts) " into what is called in Scots law the condition of desuetude, it must be shown that the offence prohibited is not only practised without being checked but is no longer considered or dealt with in this See also:country as an offence against law " (Lord See also:Justice General See also:Inglis in See also:Bute's case. I Couper's Rep., 495). Acts of the imperial parliament passed since the union extend in general to Scotland, unless that country be excluded from their operation by See also:express terms or necessary implication. Scottish acts are cited thus, 1678, c. lo. The best edition is that issued by order of the Treasury, 1844-1875. An edition of the revised statutes has been facilitated by the repeal of obsolete statutes by the Statute Law Revision (Scotland) Act 1906. Ireland. Originally the lord See also:deputy appears to have held parliaments at his See also:option, and their acts were the only statutory law which applied to Ireland, except as far as judicial decisions had from motives of policy extended to that country the obligation of English statutes. In 1495 the act of the Irish parliament known as See also:Poynings' Law or the Statute of See also:Drogheda enacted that all statutes lately made in England be deemed See also:good and effectual in Ireland. This was construed to mean that all statutes made in England prior to the 18 Hen. VII. were valid in Ireland, but none of later date were to have any operation unless Ireland were specially named therein or unless adopted by the Irish parliament (as was done, for instance, by Yelverton's Act, 21 & 22 Geo. III. c. 48 (I.). Another article of Poynings' Law secured an initiative of legislation to the English privy council, the Irish parliament having simply a power of See also:acceptance or rejection of proposed legislation. The power of the parliament of See also:Great See also:Britain to make laws to bind the See also:people of Ireland was declared by 6 Geo. I. c. 5. This act and the article of Poynings' Law were repealed in 1782, and the short-lived See also:independence of the parliament of Ireland was recognized by 23 Geo. III. c. 28. The application of acts passed since the union is the same as in the case of Scotland. Divorce acts are still passed for Ireland (see DIVORCE). Irish acts are cited thus, 26 Geo. III. c. 15 (I.) or (Ir.). The best edition is that issued in twenty volumes pursuant to an order of the See also:earl of See also:Halifax, lord-See also:lieutenant in 1762. A volume of revised statutes was published in 1885. The earliest that is still law is one of 1459. British Colonies and Dependencies. Acts of the imperial parliament do not extend to the Isle of See also:Man, the Channel Islands or the colonies, unless they are specially named therein. By the Colonial Laws Validity Act 1865 (" the charter of colonial !egislative independence ") any colonial law repugnant to the provisions of any act of parliament extending to the See also:colony is void to the extent of such repugnancy, and no colonial law is to be void by repugnancy to the law of England unless it be repugnant to such an act of parliament. For colonies without representative legislatures the Crown usually legislates, subject to the consent of parliament in particular cases. Examples of imperial legislation for the colonies in general are the Colonial Stock Act 1877, and the Colonial Courts of See also:Admiralty Act 189o. For imperial acts dealing with particular colonies may be cited the British See also:North See also:America Act 1867, and the Commonwealth of See also:Australia Constitution Act 1900. A colony is defined for the purposes of imperial legislation by the Interpretation Act 1889, s. 18. In many of the colonies, as in See also:Canada, the constitutionality of an act of the colonial legislature is, as in the United States, a matter for the determination of the local court or of the judicial committee of the privy council on See also:appeal. United States. By the constitutions of many states English statute law, as it existed at the time of the separation from England, and as far as it is applicable, has been adopted as part of the law of the states. The United States and the state are not See also:bound by an act of Congress or a state law unless specially named. The states legislate for themselves within the limits of their own constitution and that of the United States. Here appears the striking difference between the binding force of a statute of the United Kingdom and an act passed by Congress or a state legislature. In the United Kingdom parliament is supreme; in the United States an act is only of authority if it is in accordance with the constitution. The courts may declare an act void if it contravene the constitution of the United States or of a state, so that practically the Supreme Court of the United States is the ultimate legislative authority. The restrictions upon Federal legislation in the constitution of the United States provide against the suspension of the See also:writ of habeas corpus except in case of See also:rebellion or invasion, the passing of a bill of See also:attainder or ex post facto law, the imposition of capitation or In most European countries there is a code, the existence of which makes the See also:system of legislation hardly comparable to ours. The assent of two See also:chambers and of the monarch, or See also:president, is generally necessary. See also:Greece is an exception; it is the only state in See also:Europe with one chamber. International Law. The See also:term " statute " is used by international jurists and civilians mostly on the See also:continent of Europe to denote the whole See also:body of the municipal law of the state. In this sense statutes are either real, personal or mixed. A real statute is that part of the law which deals directly with property, whether movable or immovable. A personal statute has for its object a See also:person, and deals with questions of status, such as See also:marriage, See also:legitimacy or See also:infancy. A mixed statute affects both property and person, or, according to some authorities, it deals with acts and obligations. Personal statutes are of universal validity; real statutes have no extra-territorial authority. The determination of the class under which a particular law ought to fall is one of great difficulty, and one in which there is often a conflict of legal opinion. On the whole the division appears to have created more difficulties than it has solved, and it is rejected by See also:Savigny as unsatisfactory. See See also:Story, Conflict of Laws, §§ 12–16; See also:Phillimore, International Law, vol. iv. ch. xvi. ; Pillet, Principes de See also:droit international prive, chs. xi. and xii. (J. 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