Station grounds have been taken for highway purposes under the exercise of the power of eminent domain.1 STATUTE MILE.-See MILE, vol. 15, p. 389. STATUTE OF DESCENT AND DISTRIBUTION.—See SUCCES SION. STATUTE OF FRAUDS.-See FRAUDS (STATUTE OF), vol. 8, p. 657. STATUTE OF JEOFAILS.-See AMENDMENT, vol. 1, p. 546; JEOFAILS, vol. 11, p. 926; PLEADING, vol. 18, p. 467. STATUTE OF LIMITATIONS.-See LIMITATION OF ACTIONS, vol. 13, p. 667. STATUTE OF USES.-See REAL PROPERTY, vol. 19, p. 1028; TRUSTS; USES. STATUTE OF WILLS.-See WILLS. to allow railroad companies to occupy highways with their roads in certain cases, but never with their depots. Bussian v. Milwaukee, etc., R. Co., 56 Wis. 325; 10 Am. & Eng. R. Cas. 716. Laws of Mississippi (1888, ch. 26, § 2) provide that the railroad commissioners are authorized to designate the site of any new depot, and to prescribe the number and dimensions of the rooms therein, and provide for a penalty of $50 a day against a railroad for neglecting to comply with such order. The penalty cannot be enforced where a new depot was ordered to be built, but the number of rooms was not prescribed. State v. Alabama, etc., R. Co., 67 Miss. 647; 42 Am. & Eng. R. Cas. 681. The court, by Woods, C. J., said: "The obvious and reasonable construction of the statute shuts us up to the conclusion that before the railroad company can be required to erect a new depot or station house (not to see that a suitable reception room is provided, nor to have additions or alterations in existing depots made), the railroad commissioners shall prescribe the number and dimensions of the rooms therein for passengers, designating and providing, if deemed proper, separate rooms for the sexes and for the 9 Phila. (Pa.) 563 (company entitled to damages in such case); Sackett v. Greenwich, 38 Conn. 526; Albany Northern R. Co. v. Brownell, 24 N. Y. 345; RAILROADS, vol. 19, pp. 865-7; EMINENT DOMAIN, vol. 6, pp. 535-7Station premises may not be condemned for highway purposes under the General Railroad act of New York. Prospect Park, etc., R. Co. v. Williamson, 91 N. Y. 552; 14 Am. & Eng. R. Cas. 34. The court, by Rapallo, J., said: "Reference has also been made to the statutes relating to laying out highways, and among others to the provisions of R. S. 514, §§ 58, 64, which prohibit laying out highways through improved lands without compensation. The lands in question are certainly improved lands, and the title of the plaintiff thereto is unquestionable. But we do not rest our decision upon that point, but upon the fact that these lands having already been lawfully appropriated, under the right of eminent domain, to a public purpose, express and direct legislative authority is necessary to justify their appropriation by proceedings in invitum to a different public purpose, and that general laws authorizing the laying out of highways are not sufficient. In respect to the crossing of railroad tracks by highways, such express authority is contained in the General Railroad Act, but this authority does not extend to lands taken for depot purposes.' Compare Albany, etc., R. Co. v. Brownell, 24 N. Y. 345. 3. In Respect to Compliance Required, 153. a. Mandatory, 153. b. Directory, 153. d. Permissive, 154. 4. In Respect to Time of Passage, 154. a. Ancient and Modern, 154. 5. In Respect to Time of Taking Effect, 154. a. Prospective, 154. 6. In Respect to Duration, 155. b. Temporary, 155. III. Enactment, 155. 1. The Legislature, 155. a. Status, 155. b. Organization, 158. c. Extra Sessions, 159. d. Powers and Limitations, 161. (2) Mode, 187. (3) Prevention by Adjournment, 188. 9. Enactment Without Executive Approval, 189. 10. Passage Over Veto, 190. II. Authentication, 190. 12. Filing of Enrolled Bills, 190. 13. Legislative Journal, 191. b. Conclusiveness, 193. d. Journal as Evidence (See 14. The Enrolled Bill, 196. a. Prima Facie Validity, 196. b. Evidence to Impeach, 199. (1) First View-Conclusiveness of Bill, 202. (2) Second View peachment by Fournal, 208. 3. Effect, 284. 4. Construction, 285. VIII. Pleading, 286. 1. Public Statutes, 286. 2. Private Statutes, 288. IX. Proof, 293. 1. Public, 293. a. Domestic, 293. b. Foreign, 293. 2. Private, 296. X. Interpretation and Construction, 296. 1. Meaning of the Terms, 296. 3. Literal Construction, 298. 5. General Means of Learning b. Statutes in Pari Materia, c. Purpose and Object, 319. (1) In General, 322. b. Preamble, 329. c. Chapter and Section Headings; Marginal Notes, etc., 332. d. Punctuation. 334. e. Legislative Journals, 335. f. Contemporaneous Cir cumstances and the History of the Bill, 336. g. Opinions and Motives of h. Usage and Contemporane- 7. Presumptions, 346. h. Against Repeal by Implication (See infra, this title, Repeal), 374. i. Against Retroaction (See infra, this title, Retrospective Laws), 374. 8. Strict, Liberal, and Exceptional Construction, 374. a. Strict Construction, 374- (2) Penal Statutes, 375. (4) In Derogation of (7) Exemptions from (9) Statutory Remedies and Proceedings, 402. (10) Statutes Imposing Taxes, 403. (11) Statutes Conferring Right to Sue State,406. (12) Statutes Affecting Jurisdiction of Courts, 406. (13) Private Acts, 407. b. Liberal Construction, 409. (1) Definition, 409. (2) Early Application of Rule, 410. (3) The Modern Rule,410. (4) Remedial Statutes, Errors, 421. 9. Special Classes, 422. a. Private and Special, 422. (1) In General, 422. (2) General and Particular Statutes and Clauses, 422. b. Adopted Statutes, 432. c. Provisos, Exceptions, and Saving Clauses, 435. d. Inconsistent Clauses and Statutes (See infra, this title, In Pari Materia; Repeal; Context), 439. 10. Associated Words, 439. a. Noscitur a Sociis, 439. b. Inferior Does Not Include Superior, 443. c. Reddenda Singula Singulis, 444. d. Expressio Unius Est Exclusio Alterius, 446. 11. Retrospective Laws, 447. a. Definition, 447. b. Rules of Construction, 448. c. Declaratory Statutes, 449. d. Statutes Affecting Judicial Procedure, 450. e. Remedial and Curative Statutes, 452. 12. Mandatory or Directory, 453. a. In General, 453. b. Affirmative and Negative Terms, 455. I. DEFINITION.—A statute is the written will of the legislature solemnly expressed according to the forms necessary to constitute it the law of the state.1 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; in Eng. land it is an act of Parliament made by the sovereign by and with the advice and consent of the Lords and Commons.2 In the civil law the term statute is applicable to any particular municipal law or usage, though resting for its authority on judicial decisions or the practice of nations.3 The term statute generally is used to designate the written law in contradistinction to the common or unwritten law.4 II. CLASSIFICATION-1. In Respect to Nature and Object-a. DECLARATORY.--A declaratory statute is one which 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.5 A statute in affirmance of the common law is to be construed as was the rule by that law.6 Declaratory stat utes are in form either affirmative or negative. (1) Affirmative. - An affirmative statute is one enacted in affirmative terms.7 Such a statute does not take away the common law in relation to the same matter.8 Thus, a statute without negative terms declaring that deeds shall have in evidence a certain effect provided certain requisites are complied with, does not prevent their being used in evidence, though the requisites are not complied with, in the same manner as they might have been prior to the statute. Nor does an affirmative statute repeal a precedent statute if effect can be given to both.10 A party may waive his benefit by an affirmative statute and take his remedy by the common law, which, however, does not mean that the statute is not binding, but that the party has his election to proceed upon the statute or at the common law.11 But if an affirmative statute, introductive of a new law, direct a thing to be done in a certain manner, that thing may not, even though there are no negative words, be done in any other manner.12 1. Bouv. L. Dict. 2. Century Dict. 3. 2 Kent's Com. 456. 4. Bouv. L. Dict. 5. Bouv. L. Dict. Statutes are declaratory where the old custom of the kingdom has almost fallen into disuse or become disputable; in which case Parliament has thought proper in perpetuum rei testimonium, and for avoiding all doubts and difficulties to declare what the common law is and ever has been. Thus, the Statute of Treasons, 25 Edw. III., ch. 2, does not make any new species of treason, but only for the benefit of the sub ject, declares and enumerates those several kinds of offenses which, before, were treason at the common law. 1 Bl. Com. 86. 6. Baker v. Baker, 13 Cal. 87; Miles v. Williams, 1 P. Wms. 252; Arthur v. Bokenham, 11 Mod. 150. 7. 1 Bouv. Inst. 105. 8. 2 Co. Inst. 200; Fairchild v. Gwynne, 14 Abb. Pr. (N. Y.) 126. 9. Jackson v. Bradt, 2 Cai. (N. Y.) 169. 10. Potter's Dwarris 69. 11. 2 Co. Inst. 200; Cro. Eliz. 104. 12. Cook v. Kelley, 12 Abb. Pr. (N. Y.) 35; District Township v. Dubuque, |