Statutes
According to John Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of America and the Several States of the American Union, Childs & Peterson, c1856 (excerpted):
STATUTE. The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
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.
Statutes are of several
kinds; namely, Public or private.
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.
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.
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.
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.
Affirmative or negative.
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.
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.
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...