STANDARD, in war. An ensign or flag used in war.
STANDARD, measure. A weight or measure of certain dimensions, to which
all other weights and measures must correspond; as, a standard bushel. Also the
quality of certain metals, to which all others of the same kind ought to be made
to conform; as, standard gold, standard silver. Vide Dollar; Eagle; Money.
STAPLE, intern. law. The right of staple as exercised by a people upon
foreign merchants, is defined to be, that they may not allow them to set their
merchandises and wares to sale but in a certain place.
2. This practice is not in use in the United States. 1 Chit. Com. Law, 103; 4
Inst. 238; Malone, Lex Mere. 237; Bac. Ab. Execution, B 1. Vide Statute Staple.
STAR CHAMBER, Eng. law. A court which formerly had great jurisdiction
and power, but which was abolished by stat. 16, C. I., c. 10, on account of its
usurpations and great unpopularity. It consisted of several of the lords
spir-itual and temporal, being privy counsellors, together with two judges of
the courts of common law, without the intervention of a jury. Their legal
jurisdiction extended over riots, perjuries, mishehaviour of public officers,
and other great misdemeanors. The judges afterwards assumed powers, and
stretched those they possessed to the utmost bounds of legality. 4 Bl. Com. 264.
STARE DECISIS. To abide or adhere to decided cases.
2. It is a general maxim that when a point has been settled by decision, it
forms a precedent which is not afterwards to be departed from. The doctrine of
stare decisis is not always to be relied upon, for the courts find it necessary
to overrule cases which have been hastily decided, or contrary to principle.
Many hundreds of such overruled cases may be found in the American and English
books of reports. Mr. Greenleaf has made a collection of such cases, to which
the reader is referred. Vide 1 Kent, Com. 477; Livingst. Syst. of Pen. Law, 104,
STARE IN JUDICIO. The act of appearing before a tribunal, either as
plain-tiff or defendant. Vide Ester en jugement.
STATE, government. This word is used in various senses. In its most
enlarged sense, it signifies a self-sufficient body of persons united together
in one community for the defence of their rights, and to do right and justice to
foreigners. In this sense, the state means the whole people united into one body
politic; (q. v.) and the state, and the people of the state, are equivalent
expressions. 1 Pet. Cond. Rep. 37 to 39; 3 Dall. 93; 2 Dall. 425; 2 Wilson's
Lect. 120; Dane's Appx. §50, p. 63 1 Story, Const. §361. In a more limited
sense, the word `state' expresses merely the positive or actual organization of
the legislative, or judicial powers; thus the actual government of the state is
designated by the name of the state; hence the expression, the state has passed
such a law, or prohibited such an act. State also means the section of territory
occupied by a state, as the state of Pennsylvania.
2. By the word state is also meant, more particularly, one of the
commonwealths which form the United States of America. The constitution of the
United States makes the following provisions in relation to the states.
3. Art. 1, s. 9, §5. No tax or duty shall be laid on articles exported from
any state. No preference shall be given by any regulation of commerce or
re-venue to the ports of one state over those of another, nor shall vessels
bound to or from one state be obliged to enter, clear, or pay duties in another.
4. - §6. No money shall be drawn from the treasury but in consequence of
appropriations made by law; and a regular statement and account of the receipts
and expenditures of all public money shall be published from time to time.
5. - §7. No title of nobility shall be granted by the United States, and no
person holding any office of profit or trust under them shall, without the
consent of congress, accept of any present, emolument, office, or title of any
kind whatever, from, any king, prince, or foreign state.
6. - Art. 1, s. 10, §1. No state shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin money; emit bills of
credit; make anything but gold and silver coin a tender in payments of debts;
pass any bill of attainder, ex-post-facto, or law impairing the obligation of
contracts; or grant any title of nobility.
7. - §2. No state shall, without the consent of congress, lay any imposts or
duties on imports or exports, except what may be absolutely necessary for
executing its inspection laws; and the net produce of all duties and imposts
laid by any state on imports or exports shall be for the use of the treasury of
the United States, and all such laws shall be subject to the revision and
control of congress. No state, shall, without the consent of congress, lay any
duty on tonnage, keep troops or ships of war in time of peace, enter into any
agreement or compact with another state, or with a foreign power, or engage in
war, unless actually invaded, or in such imminent danger as will not admit of
8. The district of Columbia and the territorial districts of the United
States, are not states within the meaning of the constitution and of the
judiciary act, so as to enable a citizen thereof to sue a citizen of one of the
states in the federal courts. 2 Cranch, 445; 1 Wheat. 91.
9. The several states composing the United States are sovereign and
independent, in all things not surrendered to the national government by the
constitution, and are considered, on general principles, by each other as
foreign states, yet their mutual relations are rather those of domestic
independence, than of foreign alienation. 7 Cranch, 481; 3 Wheat. 324; 1 Greenl.
Ev. §489, 504. Vide, generally, Mr. Madison's report in the legislature of
Virginia, January, 1800; 1 Story's Com. on Const. §208; 1 Kent, Com. 189, note
b; Grotius, B. 1, c. 1, s. 14; Id. B. 3, c. 3, s. 2; Burlamaqui, vol. 2, pt. 1,
c. 4, s. 9; Vattel, B. 1, c. 1; 1 Toull. n. 202, note 1 Nation; Cicer. de Repub.
1. 1, s. 25.
STATE, condition of persons. This word has various acceptations. If we
inquire into its origin, it will be found to come from the Latin status, which
is derived from the verb stare, sto, whence has been made statio, which
signifies the place where a person is located, stat, to fulfil the obligations
which are imposed upon him.
2. State is that quality which belongs to a person in society, and which
secures to, and imposes upon him different rights and duties in consequence of
the difference of that quality.
3. Although all men come from the hands of nature upon an equality, yet there
are among them marked differences. It is from nature that come the distinctions
of the sexes, fathers and children, of age and youth, &c.
4. The civil or municipal laws of each people, have added to these natural
qualities, distinctions which are purely civil and arbitrary, founded on the
manners of the people, or in the will of the legislature. Such are the
differences, which these laws have established between citizens and aliens,
between magistrates and subjects, and between freemen and slaves; and those
which exist in some countries between nobles and plebeians, which differences
are either unknown or contrary to natural law.
5. Although these latter distinctions are more particularly subject to the
civil or municipal law, because to it they owe their origin, it nevertheless
extends its authority over the natural qualities, not to destroy or to weaken
them, but to confirm them and to render them more inviolable by positive rules
and by certain maxims. This union of the civil or municipal and natural law,
form among men a third species of differences which may be called mixed, because
they participate of both, and derive their principles from nature and the
perfection of the law; for example, infancy or the privileges which belong to
it, have their foundation in natural law; but the age and the term of these
prerogatives are determined by the civil or municipal law.
6. Three sorts of different qualities which form the state or condition of
men may then be distinguished: those which are purely natural, those purely
civil, and those which are composed of the natural and civil or municipal law.
Vide 3 Bl. Com. 396; 1 Toull. n. 170, 171; Civil State.
TO STATE. To make known specifically; to explain particularly; as, to
state an account, or to show the different items of an account; to state the
cause of action in a declaration.
STATEMENT, pleading and in practice. In the courts of Pennsylvania, by
the act to regulate arbitrations and proceedings in courts of justice, passed
March 21, 1806, 4 Smith's Laws of Penn. 828, it is enacted, "that in all cases
where a suit may be brought in any court of record for the recovery of any debt
founded on a verbal promise, book account, note, bond, penal or single bill, or
all or any of them, and which from the amount thereof may not be cognizable
before a justice of the peace, it shall be the duty of the plaintiff, either by
himself, his agent or attorney, to file in the office of the pro-thonotary a
statement of his, her or their demand, on or before the third day of the term to
which the process issued is returnable, particularly specifying the date of the
promise, book account, note, bond, penal or single bill or all or any of them,
on which the demand is founded, and the whole amount which he, she, or they
believe is justly due to him, her or them from the defendant."
2. This statement stands in the place of a declaration, and is not
restric-ted to any particular form; 3 Serg. & Rawle, 406; it is an
immethodical declaration, stating in substance the time of the contract, the
sum, and on what founded, with (what is an important principle in a statement, 6
Serg. & Rawle, 21,) a certificate of the belief of the plaintiff or his
agent, of what is really due. Serg. & Rawle, 28. See 6 Serg. & Rawle,
53; 8 Serg. & Rawle, 567; 2 Serg. & Rawle, 537; 2 Browne's R. 40; 8
Serg. & R. 316.
STATES. By this name are understood in some countries, the assembly of
the different orders of the people to regulate the affairs of the commonwealth,
as, the states general.
STATION, civil law. A place where ships may ride in safety. Dig. 49,
12, 1, 13; id. 50, 15, 59.
STATING-PART OF A BILL, chancery practice. That part of a bill which
contains a narrative of the facts and circumstances of the plaintiff's case, and
the wrong or grievance of which he complains, and the names of the persons by
whom done, and against whom he seeks redress, is called the stating part of the
bill. Bart. Suit in Eq. 27; Coop. Eq. Pl. 9; Story, Eq. Pl. §27.
STATU LIBERI, in Louisiana. Slaves for a time, who have acquired the
right of being free at a time to come, or on a condition which is not fulfilled,
or in a certain event which has not happened, but who, in the mean time, remain
in a state of slavery. Code, art. 37. See 8 M. R. 219; 3 L. R. 176; 6 L. R. 571;
4 N. S. 102; 7 N. S. 351. This is substantially the definition of the civil law.
Hist. de la Jur. 1. 40; Dig. 40, 7, 1; Code, 7, 2, 13.
STATUS. The condition of persons. It also means estate, because it
signifies the condition or circumstances in which the owner stands with regard
to his property. 2 Bouv. Inst. n. 1689.
STATUTE. The written will of the legislature, solemnly expressed
according to the forms prescribed in the constitution; an act of the
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 wiil 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, §12, et seq.; Bouv. Inst. Index, h. t.
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.
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.
STATUTI, Rom. civ. law. From Constantine to Justinian, advocates, were
arranged in two classes: viz. those called Statuti, and the supernumeraries. (q.
v.) The Statute were those advocates whose names were inscribed in the registers
of matriculation, and formed a part of the college of advocates. The number of
advocates of this class was limited. See Calvini Lex ad vocem.
STAY OF EXECUTION, practice. A term during which no execution can
issue on a judgment.
2. It is either conventional, when the parties agree that no execution shall
issue for a certain period; or it is granted by law, usually on condition of
entering bail or security for the money.
3. An execution issued before the expiration of the stay is irregular and
will be set aside; and the plaintiff in such case may be liable to an action for
damages. What is said above refers to civil cases.
4. In criminal cases when a woman is capitally convicted, and she is proved
to be enceinte, (q. v.) there shall be a stay of execution till after her
delivery. Vide Pregnancy.
STAYING PROCEEDINGS. The suspension of an action.
2. Proceedings are stayed absolutely or conditionally.
3. - 1. They are peremptorily stayed when the plaintiff is wholly
incapaci-tated from suing; as, for example, when the plaintiff is not the
holder, nor beneficially interested in a bill on which he has brought his
action; 2 Cr, & M. 416; 2 Dowl. 336; Chitty on Bills, 335; 3 Chitty, Pr.
628; or when the plaintiff admits in writing, that he has no cause of action; 3
Chit. Prac. 370, 630; or when an action is brought contrary to good faith.
Tidd's Prac. 515, 529, 1134; 3 Chit. Pr. 633.
4. - 2. Proceedings are sometimes stayed until some order of the court shall
have been complied with; as, when the plaintiff resides in a foreign country, or
in another estate, or is insolvent, and he has been ruled to give security for
costs, the proceedings are stayed until such security shall be given; see
Security for Costs; 3 Chit. Pr, 633, 635; or until the payment of costs in a,
former action. 1 Chit. R. 195; 18 E. C. L. R. 64.
STEALING. This term imports, ex vi termini, nearly the same as
larceny; but in common parlance, it does not always import a felony; as, for
example, you stole an acre of my land.
2. In slander cases, it seems that the term stealing takes its complexion
from the subject-matter to which it is applied, and will be considered as
intended of a felonious stealing, if a felony could have been committed of such
subject-matter. Stark. on Slan. 80; 12 Johns. Rep. 239; 3 Binn. R. 546; Whart.
Dig. tit. Slander.
STELLIONATE, civil law. A name given generally, to all species of
frauds committed in making contracts.
2. This word is said to be derived from the Latin stellio, a kind of lizard
remarkable for its cunning and the change of its color, because those guilty of
frauds used every art and cunning to conceal them. But more particularly it was
the crime of a person who fraudulently assigned, sold, or engaged the thing
which he had before assigned sold, or engaged to another, unknown to the person
with whom be was dealing. Dig. 47, 20, 3; Code, 9, 34, 1; Merl. Repert. h. t.;
Code Civil, art. 2069; 1 Bro. Civ. Law, 426.
3. In South Carolina and Georgia, a mortgagor who makes a second mortgage
without disclosing in writing, to the second mortgagee, the existence of the
first mortgage, is not allowed to redeem and, in the foraier state, when a
person suffers a judgment, or enters into a statute or recognizance binding his
land, afterwards mortgages it, without giving notice, in writing, of the prior
incumbrance, he shall not be allowed to redeem, unless, within six months from a
written demand, he discharges such incumbrauce. Prin. Dig. 161; 1 Brev. Dig.
4. In Ohio a fraudulent conveyance is punished as a crime; Walk. Intr. 350;
and, in Indians, any party to a fraudulent conveyance is subjected to a flue and
to double damages. Ind. Rev. Laws, 189. See 12 Pet. 773.
STEP-DAUGHTER. In Latin privigna, is the daughter of one's wife, or of
STEP-FATHER. In Latin vitricus, is the hushand of one's mother who is
not the father of the person spoken of.
STEP-MOTHER. In Latin noverca, is the wife of one's father, who is not
the mother of the person spoken of.
STEP-SON. In Latin privignus, is the son of one's wife, or of one's
STERE. A French measure of solidity used in measuring wood. It is a
cubic metre. Vide Measure.
STERILITY. Barrenness; incapacity to produce a child. It is curable
and incurable; when of the latter kind, at the time of the marriage, and arising
from impotency, it is a good cause for dissolving a marriage. 1 Fodere, Med.
Leg. §254. See Impotency.