§ 327, 328. Public and private statutes.

329, 330. Declaratory statutes.

331-333. Affirmative and negative statutes.

334. Perceptive, prohibitive and permissive statutes.

335. Prospective and retrospective statutes.

336.

Remedial statutes.

337. Penal statutes.

338. Repealing statutes.

CHAPTER XII.

PARTS OF A STATUTE AND THEIR RELATIONS.

$339, 340. The title.

341, 342. The preamble.

343. The enacting style.

344, 345. The purview-One part to be construed by another.

346. Partial conflict resolved into an exception.

347, 348. Words expanded or limited to accord with intent.

349, 350. Effect of total conflict between two parts of an act.

351-357. Provisos, exceptions and saving clauses.

358-360. Interpretation clauses.

INTERPRETATION AND CONSTRUCTION -GENERAL PRINCIPLES.

§ 363. The intent of the statute is the law.

364. To find out the intent is the object of all interpretation.

365. Interpretation and construction compared.

366. Intent first to be sought in language of statute itself.

367. If intent plainly expressed it is to be followed without further

inquiry.

368. The entire statute to be considered in ascertaining intent.

369. General intent of statute the key to meaning of the parts.

370. The intention of the whole act will control interpretation of the

374, 375. The flexibility of words and clauses to harmonize with gen-

eral intent.

376-378. The literal sense not controlling.

380. Some effect, if possible, to be given every word, clause and sen-

tence.

381. Words enlarged or restrictad to carry out intent.

382. Words deemed inserted to carry out intent.

383. One word substituted for another.

§ 384 Words disregarded or eliminated.

385. Implied exceptions to general language.

386. Transposition of words and phrases.

387. Particular and general intent.

388. There can be no intent of a statute not expressed in its words.

389. Interpretation of words and phrases - General rules.

390.

Words and phrases should be construed as they are generally

understood.

391. Meaning of words for the court-Sources of information.

392. How general words construed.

394-396. Words having both a popular and technical meaning.

397. Use of the words "or" and "and."

398. Words having a special sense in the common law.

399. Statutory use of words.

400. Particular words and phrases construed.

401, 402. Change of phraseology of statutes.

403. Re-enacted statutes and parts of statutes.

404. Statutes adopted from other states or jurisdictions.

405. Statutes which adopt other statutes by particular or general

reference.

406. Examples of the two modes of adoption

407. Construction and effect of acts adopting other acts in particular

cases.

408, 409. Interpretation with reference to grammatical sense.

410-413.

Mistakes-Their correction and effect.

414-419. Effect of context and association of words and phrases –

Maxim, noscitur a sociis.

420, 421. Relative and qualifying words and phrases.

422-434. When general words follow particular - Doctrine of ejus-

dem generis.

435. General words following particular, will not include things of a

superior class.

436. It is otherwise when this rule would leave the general words

without effect.

437-441. Qualifications and exceptions to the rule of ejusdem generis.

442. Reddendo singula singulis.

443-448. Interpretation as affected by other statutes - Acts in pari

materia.

449. When statutes are in pari materia.

450, 451. Resort to original acts in case of revisions and codifications.

452. Repealed and invalid statutes may be considered.

453-455. Interpretation with reference to the common law.

456. Extraneous facts in aid of construction.

457-460. Judicial knowledge.

§ 461.

Of facts relative to foreign states and nations.

462, 463. Judicial notice of historical and other facts relating to leg-

islation.

464-469. Judicial knowledge of facts in general.

470. Proceedings in the legislature — Amendments, debates, commit-

tee reports, etc.

471. Surrounding facts and conditions - Mischief to be remedied.

472. Contemporaneous construction.

473-478. General usage and practical construction

479-486. Stare decises.

487-490.

Effects and consequences.

491-495. Expressio unius est exclusio alterius.

496-499. Presumptions.

500-512. Implications and incidents.

513. Acts deemed to refer and apply to persons and things within

the state and within the power of the legislature.

514. Whether state or public corporations embraced by general

words of statute.

515.

516.

Mistake of legislature as to existence, application or effect of

statute.

Miscellaneous.

CHAPTER XIV.

STRICT CONSTRUCTION.

§ 517-519. Literal and strict construction compared.

520-527. Strict construction of penal statutes.

528-530. Courts will not by the strict construction of penal statutes

defeat the intention of the law-maker.

531-533. What statutes are penal.

534, Miscellaneous cases on the construction of penal statutes.

535.

Revenue laws.

536-538. Statutes which impose burdens-Taxes.

539, 540. Exemption from taxation or other general burden.

541.

Acts delegating the power of taxation.

542, 543. Statutes against common right.

544. Statutes of limitations.

545. Limitations as to new trials and appeals.

546. Statutes interfering with legitimate industries.

547. Statutes creating liability.

548. Public grants.

549. Grants of franchises and privileges.

550. Public grants of land in aid of railroads and for other purposes.

551. Acts creating municipal corporations or granting power thereto.

552, 553. Construction of particular powers to municipal corpora-

tions.

$ 554-557. Acts creating private corporations or granting power

thereto.

558 Public grants in general.

559-561. Statutes for exercise of power of eminent domain.

562-567. Statutes granting power.

573-575. Statutes in derogation of the common law.

576-579. Interpretation clauses.

580. Retrospective laws.

581. Construction of acts affecting previous statutory policy.

CHAPTER XV.

LIBERAL CONSTRUCTION.

582. General statement of the subject.

583-586. Remedial statutes to be liberally construed - What are

remedial statutes.

DIRECTORY AND MANDATORY STATUTES.

$610. Preliminary explanation of directory and mandatory statutes

611. Whether statute directory or mandatory-General considera-

tion.

612-616. Provisions directory as to time.

617. Time provisions held mandatory.

618-631. Formal and incidental requirements directory.

632, 633. Statutes which confer new right, privilege, etc.

634-636. Statutes which are permissive in form.

637, 638. Permissive statutes held mandatory.

639. Permissive statutes held not mandatory.

640. The words “may” and “shall.”

CHAPTER XVII.

RETROACTIVE STATUTES.

§ 641. Retroactive statutes regarded with disfavor.

642, 643. Statutes operate prospectively only unless intent clear to

the contrary.

644. Acts relating to husband and wife.

645. Acts relating to taxation.

§ 646. Miscellaneous cases.

647. Retrospective statutes not necessarily invalid.

648. Constitutonal provisions forbidding retrospective or retroactive

laws.

649, 650. Ex post facto laws.

651. Acts relating to procedure only - General principles.

652. Particular acts held to be ex post facto.

653. Particular acts held not to be ex post facto

654. Acts relating to evidence.

655.

656.

657.

Acts in relation to jurisdiction-Change of venue, etc.

Acts relating to practice and procedure.

Habitual criminals statutes.

658. Change of punishment by subsequent legislation.

659. Changing the mode of executing sentence.

660-664. Laws impairing the obligation of contracts.

665-668. Change of remedy.

669. Whether judgment a contract.

670. Acts held not to impair contracts.

671-673. Vested rights inviolable.

674. Remedial statutes may apply to past transactions and pending

cases.

675-677. Curative statutes.

CHAPTER XVIIL

CONSTRUCTION OF PARTICULAR STATUTES.

§ 678. Scope and explanation of chapter.

679-684. Remedial statutes in general.

685. Arbitration statutes.

686-689. Acts relating to judicial procedure, pleading, practice, etc.

690, 691.

692.

Mechanics' lien statutes.

Other lien laws.

693. Exemption statutes.

694. Attachment and garnishment statutes.

695-701. Civil damage acts.

706, 707. Acts changing the period of limitation.
708. Whether rights once barred may be revived.

709. Election and ballot laws.

710. Statutes giving an action for wrongful death.

711. Married women's acts.

712. Other acts relating to husband and wife.

713. Game laws.

714. Acts relating to public officers, their qualifications, compensa--

tion, election, etc.