The last is a resulting party brought into existence by it, but, when thus created, bound in all respects provisions." by its "The constitutions of the American republics have always been written. The charters which prescribed the forms of government were so. Those adopted by the several states at the period of the Revolution were all so. They not only organized the several departments - the legislative, executive, and judicial- but by various Bills of Rights, as well as express restrictions, prescribed limitations to the power of the government. In other words, certain of the powers of sovereignty they refused to delegate, and, as to others, proIvided that they should only be exercised in a prescribed manner. It results that the provisions of the constitution, emanating directly from the people, are the expression of their permanent will, and no act of the government inconsistent with it of any validity. The courts will pronounce such acts invalid, null, and void."" By the constitution of the United States, with paramount authority over the people of all the states, certain specified powers were delegated to a general or federal governmentall powers not delegated being reserved to the states or to the people. The special powers thus delegated are principally such as concern the foreign relations of the country, the rights of war and peace, the regulation of foreign and domestic commerce, and other objects most appropriately assigned to the general government." STATUTES 21. A statute is the express written will of the legislative department of government, rendered authentic by certain prescribed forms and solemnities;" a law established 463 Wis. 96 (1854). 47 Sharswood's Notes to 1 Black. Comm. 49. In the United States, all the constitutions, federal and state, have been written, with the exception of that of Connecticut, prior to 1818, and that of Rhode Island, prior to 1842.-Am. & Eng. Encyc. of Law (2d Ed.), Vol. 6, p. 892 (note). 48 Sharswood's Notes to 1 Black. Comm. 50. 491 Kent's Comm. 447; 51 Miss. 773 (1875). by the act of the legislative power. The term statute designates the written law in contradistinction to the unwritten law.50 In Great Britain, a statute is an act of parliament; in the United States, it is an act of congress, or of a state or territorial legislature, passed and promulgated according to the constitutional requirements." The terms statute and act are synonymous. The term statute in the civil law applies to any law or usage, though resting for its authority on judicial decisions or the practice of nations." 22. Kinds of Statutes. - In respect to subject-matter, statutes are public, or general, and private, or special. Public statutes are such as relate to, concern, and affect the public generally, the community at large, without distinction in any respect. They operate alike and in the same degree upon all individuals and classes of persons and their interests, subject to the law, where they are in the same condition and circumstances." It is not necessary in order to give a statute the attributes of a public law that it should be equally applicable to all parts of the state; all that is necessary is that it should apply to all persons within the territorial limits described in the act. It is the quality of public, general, and common right or purpose that makes the statute a public one." The terms general and public are synonymous, as used in this connection. Usually, with reference to the extent of territory controlled, a statute is general or local. A local statute is one that touches but a portion of the territory of a state, a part of its people, or a fraction of the property of its citizens.55 In this sense the term local is the opposite of general. To determine whether a statute is local or general, is to ascertain whether the people of the state may be affected; if they may be, it is general; if not, it is local."* 50 Bouv. Law Dict. 51 Cent. Dict. 522 Kent's Comm. 456. 5393 N. C. 602 (1885.) 54 29 Md. 516 (1868); 49 Vt. 282 (1877). Private statutes are such as relate to, concern, and affect particular persons, or something in which individuals or classes of persons are interested in a way and degree peculiar to themselves, and not common to the whole community." A private act bears upon individuals only, such as an act changing one's name; settling the title to, or authorizing the sale of, a particular parcel of land; directing the payment of a person's claim against the government."" 23. In respect to the compliance required, statutes are mandatory, directory, prohibitory, and permissive. A statute is mandatory when non-compliance with its provisions will render the act done under it absolutely void." By a directory statute is meant one that gives directions which ought to be followed, but not so as limiting the power, in respect to which the directions are given, that it cannot be effectually exercised without observing them.“ A prohibitory statute is one that forbids all actions which disturb the public repose, or injuries to the rights of others, or crimes or misdemeanors, or certain acts in relation to the transmission of estates, the capacity of persons and other objects."1 A statute is permissive when it allows certain actions to be done without commanding them." 24. In respect to their nature and object, statutes are declaratory, remedial, or penal. A declaratory statute is one that is passed in order to put an end to a doubt as to what is the common law or the meaning of another statute, and which declares what it is and ever has been."" It is either affirmative or negative in form. An affirmative statute is one that is enacted in affirmative terms and does not necessarily take away the common law.** A negative statute is one expressed in negative terms, or 57 93 N. C. 602 (1885). 58 Abbott's Law Dict. 59 Abbott's Law Dict. 6076 Va. 331 (1882). 611 Bouv. Inst. 109. 621 Ibid. 110. 63 Black. Comm. 86. 64 14 Ab. Pr. 125 (N. Y.) (1862). where its matter is so clearly repugnant to the common law that it necessarily implies an abrogation of it." 65 ILLUSTRATION. - If a statute were to provide that it should be lawful for a tenant in fee simple to make a lease for twenty-one years and that such lease should be good, an affirmative statute could not restrain him from making a lease for sixty years; but a lease for more than twenty-one years would be good, because it was good at common law; and to restrain him it ought to have words negative, as that it shall not be lawful for him to make a lease for above twenty-one years, or that a lease for more shall not be good."" Remedial statutes are those which are made to supply such defects, and abridge such superfluities, in the common law, as arise either from the general imperfection of all human laws, from change of time and circumstances, from the mistakes and unadvised determinations of judges, or from any other cause whatsoever. And this being done, either by enlarging the common law, where it was too narrow and circumscribed, or by restraining it where it was too lax and luxuriant, has occasioned another subordinate division of remedial statutes into enlarging and restraining statutes."" A penal statute is one that imposes a penalty for transgressing its provisions, or for doing a thing prohibited." 25. When Statutes Take Effect. A statute, when duly made, takes effect from the date of its passage, when no other time is specially fixed." The expression when duly made signifies when it has gone through all the forms made necessary by the constitution to give it force and validity as a binding rule of conduct for the people. A statute only becomes a statute law, or “An Act," after it has passed both houses of congress or a state legislature, and received the approval of the executive official, the president or governor; before that it is merely a bill, or inchoate statute. So, whether an embyro act of the legislature receives the signature of the governor, or remains in his hands 65 23 N. J. Law 40 (1850). 66 Potter's Dwar. St. 70. 68 Bac. Abr. 697 Wheat. (U. S.) 164 (1822). 671 Black. Comm. 86, 87; 1 Denio (N. Y.) 422 (1845); 2 Conn. 113 (1816). unreturned the requisite number of days, or, being vetoed, is carried by the requisite majority of both houses, its passage is dated from the time it ceased to be a mere proposition, or bill, and passed into a law." In states where the constitution does not provide for executive approval of bills, an act is perfected when it has been signed by the presiding officers of the legislature." 26. Ex Post Facto Laws. - The constitution of the United States provides that no state can pass any ex post facto law. This expression is a technical one, and means every law that makes an act done before the passing of the law, and which was innocent when done, criminal; or which aggravates a crime and makes it greater than it was when committed; or which changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed; or which alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.” 27. A retrospective statute is one that operates upon some subject, contract, or crime that existed before the passage of the act. In the United States, generally, a statute that is retrospective in its nature, affecting and changing vested rights, is void, being in conflict with the section of the federal constitution, which provides that no state shall pass any laws impairing the obligation of contracts;" but the doctrine does not apply to remedial statutes which may be of a retrospective nature, provided they do not impair contracts, or disturb absolute vested rights, and only confirm rights already existing, and in furtherance of the remedy, by curing defects, and adding to the means of enforcing existing obligations. Such statutes are valid, when clearly just and reasonable and conducive to the general welfare, even though they might operate in a degree upon existing rights." 70 33 Pa. 202 (1859). 7147 Ohio St. 464 (1890). 721 Kent's Comm. 409. 73 Const. U. S., Art. I, Sec. 10; 35 Mo. 174 |