GENERAL USAGE- effect of, in construction of statute, § 308. must be universal, § 308. practice inconsistent with statute cannot repeal it, § 308. of no avail against plain statute, § 308. practical construction by those for whom a law is enacted, § 309. GEOGRAPHY – courts take notice of, of state, §§ 299, 301, 304. of civil divisions created by law, § 298. GRAMMATICAL SENSE- presumed to be intended unless evidence of different intention, § 258. common-sense construction may require departure from, § 259. effect of general qualifying words at end of sentence or in middle, § 259. relative words refer to last antecedent, §§ 257, 259, 267. GRANDCHILD- when included under term child, § 253. GRANT OF POWER- strictly construed when by its exercise one may be divested of his prop- the prescribed procedure mandatory, § 454. HARDSHIP – considered in construction of ambiguous statute, § 324. HEIR- otherwise if intention plain, § 324. denotes one capable of inheriting, § 253. HEIRS- inherit according to common-law where statute silent, § 432. courts take judicial notice of, as to facts of general interest, § 298. courts take more particular notice of the, of the state where they sit, HOMESTEAD AND EXEMPTIONS - law of, in pari materia with dower law, § 284. HOUSE OF LORDS · branch of legislature and a judicial tribunal, § 3. IMPLICATIONS AND INCIDENTS — - what is a necessary implication, § 336. what is implied from a statute is a part of it, § 334. IMPLICATIONS AND INCIDENTS (continued) — -- statutory felony includes common-law elements and incidents, § 334. in such cases, same peremptory challenges allowed, § 334. it is incident to all public laws that they be noticed judicially by courts, otherwise as to private statutes, § 335. if penalty imposed for doing an act, it is impliedly prohibited, § 335. all cases to which a statute cannot constitutionally apply impliedly ex- when statutory provision general, everything necessary to make it public grant to individuals to be enjoyed in a corporate capacity creates of rights, may be asserted by statutory designation, § 337. statute enlarging rights of married women impliedly abolished estates disability under statute of limitations, § 338. right to trade implied from right to own and enjoy merchandise, where new statute extends existing new power, it is extended with its that established policy not intended to be departed from, § 145. married women may incur liability for repairs to separate property, private examination of married women unnecessary when they ac- power to trade includes that to borrow money, § 338. that married woman borrows on her separate estate, § 338. that a default judgment is by consent and not appealable, § 339. when duty to repair implied from condition to build, § 339. of disability of minors to sue for partition from provision that plaintiff must state titles of parties, § 339. from existence of a right that there is appropriate remedy by statute or grant of power implies a grant of all necessary or incidental power, when measure directed ordinary means implied, § 341. power to examine witnesses; authority to subpoena them implied, § 341. extending expressly penal regulations to new subjects, implies that they implied exclusion of things not mentioned, § 325. enactment of law does not imply it was not the law before, § 329. power to sheriff to sell personal property implies power to take posses- power to create a municipal debt implies power to levy taxes to pay it, IMPRISONMENT FOR DEBT- not part of contract, and may be abolished without impairing its obliga- IMPROVEMENTS— remedial act for set-off of, § 437. INDICTMENT — subsequent statute regulating framing or amendments of, not ex post IN FORMA PAUPERIS – right so to sue construed strictly, § 398. INJUSTICE - argument based on, forcible, §§ 152, 322, 324. INSOLVENT DEBTORS statutes for discharge of, strictly construed, § 372. INSTITUTIONS - created by law judicially noticed, § 295. INTENTION - literal meaning may be departed from to avoid absurdity and carry out, of statute, when ascertained, controls in construction of its parts, § 218. 219. may be cut down to avoid conflict with settled policy, § 218. words may be altered or supplied to harmonize parts with it, § 218. when a general intent and a particular intent are expressed the latter otherwise if the general act intended to be universal and exclusive, where general act required and repeals inconsistent provisions it intention to make unconstitutional exception will not be imputed to intention of a statute is the law, § 234. must be embodied and expressed in the statute, § 234. a statute is hence a written law, § 234. it is there to be first sought for without other aids, §§ 236, 237. all rules of interpretation are intended to reach it, § 234. where it is plain and obvious no interpretation necessary, § 234. rules of construction are only important as they serve to ascertain the and this is true as to all statutes, § 234. if plainly expressed in the statutes it cannot be controlled by anything whole statute to be read to determine it, § 239. E 4 then the simple duty of the courts to enforce the law according to its terms, §§ 237, 238. cases cannot be included or excluded merely because there is no reason if different from the literal import, it should prevail, §§ 237, 245. one part to be construed with another, § 239. the general intent the key to that of all the parts, § 240. it is controlling as to minor parts, §§ 241, 245. declaration of, in an act controlling, § 246. ascertained from whole act, a guide in reading particular words and ex- may exclude cases within the letter, § 243. in following the, where reason ceases, the law ceases, § 243. notice not necessary to officer of his own act, § 243. possession of game during period prohibited when consistent with requirement of notice of things done, may require notice of non- general exemption from taxation may be confined to taxation for new condition may be supplied by implication, § 244. or new exceptions, § 246. inaccuracies of name may be corrected, § 244. literal sense of words departed from, §§ 245, 246, 251, 259. "city" may include incorporated town, § 245. limited words or expressions may be expanded, § 245. or general words restricted, § 246. seemingly incongruous provisions brought to harmonize, § 245. restrictive clauses in one section may be amended by implication context will not modify natural effect of words contrary to, § 246. words and phrases to be construed according to, § 247. "immediate danger” qualified to effectuate, § 251. "and" and "or" used indifferently and construed according to, § 252. when re-enacted with change, §§ 255, 256. will control grammatical sense, § 258. may be effectuated by correction of mistakes by context, § 260. omitted words may be supplied, wrong word changed to correct by transposing clauses, § 260. must be clear to correct words of statute, § 260. INTENTION (continued) — controls the rule from associated words and maxim of ejusdem generis, proof of extrinsic facts supposed to have been known to legislators and strict construction not to defeat, §§ 348-350, 356. case must be within, and also letter of penal statute, §§ 349, 350. to bring case within penal statute there should be a criminal intention, liberally inferred in construing remedial statutes, § 409. cases not within, excluded, § 411. how to be learned, § 412. no set form to express, § 416. words controlled by, when manifest, §§ 416, 417, 423. how it controls in construction of statute of limitations, §§ 424–426. of statute of frauds, § 428. cases not within, excluded though within the letter of statute, § 428. words may be restrained to bring operation of statute within, §§ 428, whether statute directory or mandatory decided upon, § 447. where doubtful, statute construed to operate prospectively, §§ 463, 434. INTERPRETATION (see CONSTRUCTION) — compared with construction, § 236. INTERPRETATION CLAUSE- introduced to remove possible obscurity, § 216. binding, authoritative, §§ 229, 231, 246. criticisms of, § 230. general and special provisions of the nature of, § 231. latter of most weight, § 231. enactment based on misconception of what the law is, does not of itself general statutory definition will apply only where no different intention when authoritative, § 402. not binding on the courts, § 402. when legislative construction high evidence of intention, § 402. to what applicable, § 402. when strictly construed, § 402. regarded with disfavor in England, § 403. not always regarded as containing definitions, § 404. but provisions by way of extension, § 404. will still include its proper sense, § 404. not generally absolute, but only applicable when not inconsistent with when penal acts declared remedial, § 445. |