Legal Definitions - secundum formam statuti

Secundum formam statuti is a Latin legal phrase that historically meant "according to the form of the statute" or "in compliance with the requirements of the statute." It signified that a legal action, document, or procedure had to strictly follow the precise wording, structure, or conditions mandated by a specific law. Deviating from this prescribed form could render the action or document invalid.

• Example 1: Historical Criminal Indictment

  In older legal systems, if a statute defined a crime like "burglary" with very specific elements (e.g., breaking and entering the dwelling house of another in the nighttime with intent to commit a felony therein), an indictment charging someone with burglary had to use almost identical language. If the indictment omitted a crucial phrase like "in the nighttime" or substituted "building" for "dwelling house," it might be deemed invalid because it was not drawn secundum formam statuti.

  This illustrates the term because the legal accusation (the indictment) was required to conform precisely to the exact wording and structure laid out in the statute defining the crime. Any deviation from that prescribed "form" could invalidate the charge.

• Example 2: Statutory Form for a Legal Bond

  Imagine a historical statute that mandated a very specific template for a legal bond, perhaps one required for a public official to guarantee their performance. The statute might include exact phrases, clauses, and even the order in which certain information must appear. If a bond was drafted with different wording or a rearranged structure, even if the intent was the same, a court might rule it invalid because it did not adhere secundum formam statuti.

  Here, the legal document (the bond) had to be created "according to the form of the statute," meaning its content and structure had to precisely match the statutory requirements to be legally effective.

• Example 3: Prescribed Method for Public Notice

  Consider a historical law requiring that notice of a public auction for seized property be published in a specific local gazette for three consecutive weeks, using a particular headline and including certain details in a fixed order. If the notice was published in a different newspaper, or for only two weeks, or with a modified headline, the auction could be challenged. The argument would be that the notice was not given secundum formam statuti, and therefore the subsequent sale was invalid.

  This example demonstrates the term by showing that a specific legal procedure (giving public notice) had to be executed in strict adherence to the exact method and content prescribed by the relevant statute for it to be considered legally valid.