KFLCC Kingdom Law 2nd Ed.

INTERPRETARK ET CONCORDARE 650

INTERROGATORIES

Interpreter* et concordare leges leg ibus, est optimns interpretandi modus. To interpret, and [in such a way as] to har monize laws with laws, is the best mode of interpretation. 8 Coke, 169a. Interpretatio chartaram benigne faci enda est, nt res magis valeat qnam pe reat. The interpretation of deeds is to be liberal, that the thing may rather have ef fect than fail. Broom, Max. 543. Interpretatio fienda est nt res magis valeat qnam pereat. Jenk. Gent. 198. Such an interpretation is to be adopted that the thing may rather stand than fall. Interpretatio talis in ambignis sem per fienda est nt evitetnr inconveniens et absnrdnm. In cases of ambiguity, such an interpretation should always be made that what is inconvenient and absurd may be avoided. 4 Inst 328. INTERPRETATION. The art or process of discovering and expounding the intended signification of the language used in a stat ute, will, contract, or any other written doc ument, that is, the meaning which the author designed it to convey to others. People v. Com'rs of Taxes, 95 N. Y. 559; Rome v. Knox, 14 How. Prac. (N. Y.) 272; Ming v. Pratt, 22 Mont 262, 56 Pac. 279; Tallman v. Tallman, 3 Misc. Rep. 465, 23 N. Y. Supp. 734. The discovery and representation of the true meaning of any signs used to convey ideas. Lieb. Herm. "Construction" is a term of wider scope than "interpretation;" for, while the latter is con cerned only with ascertaining the sense and meaning of the subject-matter, the former may also be directed to explaining the legal effects and consequences of the instrument in question. Hence interpretation precedes construction, but stops at the written text. Close interpretation (interpretatio restric ta) is adopted if just reasons, connected with the formation and character of the text, in duce us to take the words in their narrowest meaning. This species of interpretation has generally been called "literal," but the term is inadmissible. Lieb. Herm. 54. Extensive interpretation (interpretatio ex tensiva, called, also, "liberal interpretation") adopts a more comprehensive signification of the word. 'Id. 58. Extravagant interpretation (interpretatio excedens) is that which substitutes a mean ing evidently beyond the true one. It is therefore not genuine interpretation. Id. 59. Free or unrestricted interpretation (inter pretatio soluta) proceeds simply on the gen eral principles of interpretation in good faith, not bound by any specific or superior princi ple. Id. 59. Limited or restricted interpretation (in terpretatio limitata) Is when we are influ

enced by other principles than the strictly hermeneutic ones. Id. 60. Predestined interpretation (interpretatio predestinata) takes place if the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views or desires. This includes artful interpreta tion, (interpretatio vafer,) by which the in terpreter seeks to give a meaning to the text other than the one he knows to have been in tended. Id. 60. It is said to be either "legal," which rests on the same authority as the law itself, or "doctrinal," which rests upon its intrinsic reasonableness. Legal interpretation may be either "authentic," when it is expressly provided by the legislator, or "usual," when it is derived from unwritten practice. Doc trinal interpretation may turn on the mean ing of words and sentences, when it is called "grammatical," or on the intention of the legislator, when it is described as "logical." When logical interpretation stretches the words of a statute to cover its obvious mean ing, it is called "extensive;" when, on the other hand, it avoids giving full meaning to the words, in order not to go beyond the in tention of the legislator, it is called "restrict ive." Holl. Jur. 344. As to strict and liberal interpretation, see CONSTBUCTION. In the civil law, authentic interpretation of laws is that given by the legislator him self, which is obligatory on the courts. Cus tomary interpretation (also called "usual") is that which arises from successive or con current decisions of the court on the same subject-matter, having regard to the spirit of the law, jurisprudence, usages, and equity; as distinguished from "authentic" interpreta tion, wh}ch is that given by the legislator himself. Houston v. Robertson, 2 Tex. 26. —Interpretation clause. A section of a stat ute which defines the meaning of certain word? occurring frequently in the other sections. INTERPRETER. A person sworn at a trial to interpret the evidence of a foreigner or a deaf and dumb person to the court Amory v. Fellowes, 5 Mass. 226; People v. Lem Deo, 132 Cal. 199, 64 Pac. 266. INTERREGNUM. An interval between reigns. The period which elapses between the death of a sovereign and the election of another. The vacancy which occurs when In French law. An act which contains the interrogatories made by the judge to the person accused, on the facts which are the object of the accusa tion, and the answers of the accused. Poth. Proc. Crim. c. 4, art 2, § 1. INTERROGATORIES. A set or series of written questions drawn up for the pur pose of being propounded to a party in there is no government. INTERROGATOIRE.