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