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Feb 11, 2014




Following Contents quoted from “CRAWFORD’S STATUTORY CONSTRUCTION interpretation of Laws”


Property.—" The word 'property' includes both real and personal property." 46

Personal Property.--" The words 'personal property' includes money, goods, chattels, things in action, and evidences of debt." 47

Money and Dollars.—"The words 'money' or 'dollars' shall be construed to mean lawful money of the United States.), 48

Residence.—" The term 'residence' shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence." 49

Usual Place of Residence, etc.—" The terms 'usual place of residence' and 'usual place of abode' when applied to the service of process or notice, shall be construed to mean the place usually occupied by a person. If such person have no family, or do not have his family with him, his office, or place of business, or if he has no place of business, the room or place where he usually sleeps shall be construed to be such place of residence or abode." 59

Under Disability.—"The phrase 'under legal disability' includes persons within the age of minority or of unsound mind, or imprisoned." 51

Roman Numerals and Arabic Figures.—"The Roman numerals and Arabic figures are to be taken as a part of the English language." 52

May.—" 'May' ordinarily denotes permission and not command. Where the word as used in a statute concerns the public interest or affects the rights of third persons, it will be construed to mean `must'." 53

And, Or.—" 'And' may be read as 'or', and 'or' read as 'and', if the sense requires it." 54

Heretofore and Hereafter.—"Whenever the term 'heretofore' occurs in any statute, it shall be construed to mean any time previous to the day when such statute shall take effect; and when-ever the term 'hereafter' occurs, it shall be construed to mean the time after the statute containing such term shall take effect." 55

Week.—"The word 'week' shall be construed to mean seven days." 56

Calendar Day.—"A calendar day includes the time from midnight to midnight. Sunday or any day of the week specifically mentioned means a calendar day." 5"

Computation of Time.—"The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last is a holiday, and then it is excluded." 57

Months Before or After a Certain Day-Computation of.-"A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the last month so counted having the same numerical order in days of the month as the day from which the computation. is made, unless there be not so many days in the last month so counted, in which case the period computated shall expire with the last day of the month so counted." 58
Statutes in Derogation of Common Law.-" The rule of the common law that statutes in derogation of the common law are to be strictly construed, has no application to this code. Its provisions and all proceedings under it shall be liberally construed with a view to promote its objects and assist the parties in obtaining justice." 59

Penal Statutes.—" The rule of the common law that penal statutes are to be strictly construed, has no application to this code. All its provisions and all penal statutes are to be construed according to the fair import of their terms, with a view to effect the objects and promote justice.,, 60

General and Special Provisions.—”In the construction of a statute the intention of the legislature—is to be pursued if possible ; and when a general and a particular provision are inconsistent, the latter is paramount to the former. So a particular in-tent shall control one that is inconsistent with it." 61

Punishment.—"In all penal statutes of the state where by the terms of such statute a definite punishment of imprisonment in the penitentiary is prescribed, the time of such imprisonment shall be construed to be the maximum of imprisonment, unless such statutes expressly provide that such time is the minimum." 62
Retroactive Operation—Generally.—"No statute is retroactive unless expressly so declared therein." 63

Retroactive Operation—Offenses, Indictments, Penal-ties, etc.—"All offenses committed and all penalties or forfeitures incurred prior to said repeal, may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made.), 64

Retroactive Operation—Contracts and Procedure.— "Laws prescribe only for the future ; they cannot impair the obligation of contracts, nor, usually have a retrospective operation. Laws looking only to the remedy or mode of trial may apply to contracts, right and offenses entered into or accrued or committed prior to their passage; but in every case a reasonable time subsequent to the passage of the statute should be allowed for the citizen to enforce his contract, or protect his right. No bill of attainder or ex post facto law shall be passed." 65

Intent of the Legislature.—"In all interpretations, the court shall look diligently for the intention of the legislature, keeping in view at all times the old law, the evil and the remedy." 66

Reason and Spirit of the Law.—" The universal and most effective way of discovering the true meaning of a law, when its expressions are dubious, is by considering the reason and spirit of it, or the cause which induced the legislature to enact it." 67

Context.—" Where the words of a law are dubious, their meaning may be sought by examining the context with which the ambiguous words, phrases and sentences may be compared in order to ascertain their true meaning." 68
Statutes in Pari Materia.—"Laws in pari materia, or upon the same subject matter, must be construed with a reference to each other; what is clear in one statute may be called in aid to explain what is doubtful in another." 69

Natural Rights.—"Where a statute is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former controls." 70

Section Headings and Headlines.—" The sectional headings or headlines of the several sections of this code printed in black-faced type are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, or as any part of the statute, and, unless expressly so provided, they shall not be so deemed when any of such sections, including the headlines, are amended or re-enacted." 71

Grammatical Errors.— “Grammatical errors shall not vitiate a law, and a transposition of words, and clauses, may be resorted to when tile sentence or clause is without meaning as it stands. In no case shall the punctuation of a law control or affect the intention of the legislature in the enactment thereof." 72

Strict Construction of Statutes Enjoining or Directing Acts.—"In all cases where a remedy is provided, or duty enjoined, or anything directed to be done by any act or acts of assembly of this Commonwealth, the directions of the said acts shall be strictly pursued, and no penalty shall be inflicted, or anything done agree-ably to the provisions of the common law, in such cases, further than shall be necessary for carrying such act or acts into effect." 73