Have you ever read the rules of construction in state law???

Discussion in 'Pandora's Box' started by revjoel2013, Feb 17, 2014.

  1. The argument is that the rules of construction may contradict the legislator's intent. The legislator's intent is found in the journal. If they didn't state it, then the rules of construction do applies. You can also read the legislator's intent in court cases.

    IC 1-1-4-1
    Rules
    Sec. 1. The construction of all statutes of this state shall be by the
    following rules, unless the construction is plainly repugnant to the
    intent of the legislature or of the context of the statute:
    (1) Words and phrases shall be taken in their plain, or ordinary
    and usual, sense. Technical words and phrases having a peculiar
    and appropriate meaning in law shall be understood according
    to their technical import.
    (2) Words importing joint authority to three (3) or more persons
    shall be construed as authority to a majority of the persons,
    unless otherwise declared in the statute giving authority.
    (3) Words importing the singular number only may be also
    applied to the plural of persons and things.
    (4) Words importing the masculine gender only may be
    extended to females also.
    (5) When a statute requires an act to be done which, by law, an
    agent or deputy as well may do as the principal, the requisition
    is satisfied by the performance of the act by an authorized agent
    or deputy.
    (6) When a person is required to be disinterested or indifferent
    in acting on any question or matter affecting other parties,
    consanguinity or affinity within the sixth degree, inclusive, by
    the civil law rules, or within the degree of second cousin,
    inclusive, disqualifies the person from acting, except by consent
    of parties.
     
  2. Oh this shit show of semantics again
     

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