Page:Black's Law Dictionary (Second Edition).djvu/658

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INTERPRETARE ET CONCORDARE 650

Intern:-etnra et eonco:-dare leges leg- ibue, est optimul Intel-prstandi mnrlus. To interpret, and [in such a way as] to barmonize laws with laws, is the best mode of interpretation. 8 Colic. 10911.

Inter-pretntio charts:-um henigne faci- endn est, ut res mngis valeat qnam pe- rent. The interpretation of deeds is to be liberal. that the thing may rather have effect thnn fall. Broom, Max. 543.

Interpretntin iienda est ut rel magi: valeat qnam pereut. Jenk Cent. 198. Such an interpretation is to be adopted that the thing may rather stand than full.

Intern:-etatio taliu in nmhiguis sempex‘ flenda est nt evitetur inconveniens et absurdnm. In cases of ambigulty, such an interpretation should always be made that what is inconvenient and absurd may be avoided. -i Inst. 3%.

INTERPRETATION. The art or process of discovering and expounding the intended signification of the language used in a stat- nte, 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. 9;‘: N. Y. 559; Rome v. Knox, 14 How. Prue. (N. Y.) 272; Ming v. Prnt, 22 Mont. 262. 56 Par; 27!): Tnlimun v. Tailman. 3 1\Ilsc. Rep. 465, 23 N. Y. Supp. 784.

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 cocnerned only with ascertaining the sense and meaning of the subject-matter, the former may also he directed to explaining the legal clfects and consequences of the instrument in question. Hence interpretation prercdcs construction, but stops at the written text

Close interpretation (intcrprctutio restricta) is adopted if just reasons, connected with the formation and character of the test, induce us to take the words in their narrowest meaning. Tins species of interpretation has generally been called “literal.” but the term is inadmissible. Lieb. Herm. .

E‘.'.rtcm"i7.ve interpretation (intcrpretutio cm- tensiva. called, also, “liberal interpretation") adopts a more comprehensive signification of the word. Id. 58.

Ezrruazayumt interpretation (interpretatlo c.r(-edcna) is that winch substitutes a meaning evidently beyond the true one It is therefore not genuine lnierpret.1tiou. Id. 59.

I-‘Ice or unwcatricted intu‘pretnti'on (interpr(*tai'l'o solute) proceeds simply on the generai principles of interpretation in good faith, not bound by any specific or superior princi- ple. Id. 69.

Limited or rcstrictell ivzterpratufion (intr.-r1:rctata'o umitma) is when we are influ-

IN TERROGATORIES

enced by other principles than the strictly hermeneutic ones. Id. 60.

Predcstined interpretation (hitcrprctatio predestinata) takes place if the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived visas or desires. This includes artful interpretation. (intcrpretatio 'i't7f(‘I'.) by which the interprcter seeks to give a meaning to the text other than the one he knows to have been intended. Id. 60.

It is said to be either “ie_1ai," which rests on the same authority as the law itself. or "doctrinal," which rests upon its intrinsic reasonableness. Legal interprehition may be either "authentic." when it is expresslv provided by the iogilsiator, or ‘‘usual. when it is derived from unwritten practice Doctrinal interpretation may turn on the meauing of words and sentences, when it is called "grammatical" or on the intention of the legislator, when it is described as “loglcnl." When logical interpretation stretches the words of a statute to cover its obvious meaning, it is called "extensive:” when, on the other hand, it avoids giving full meaning to the words, in order not to go beyond the Intention of the ioglslaior, it is called "restrict lve" Holl. Jur. 344.

as to st~r-ict and libcml interpretation. see CONSTRUCTION.

In the civil law. authentic interpretation of laws is that given by the legislator him- self, which is obligatory on the courts. Cusfonmry interpretation (also called “nsual") is that which arises from successive or cocnurrent decisions of the court on the same subject-matter. having regard to the spirit of the law. Jurisprudence. images and equity; as distinguished from "authentic" interpretation, which is that EIVED by the legislator himself. Houston r. Robertson. 2 Tex. 26. —Interp1-etation elanse. A snr'tion of a stat ute which defines lile l1l£‘iil’]i!l_£.’ of certain words occurring frequently in the other sections.

INTERPRETER. A person sworn at a trial to interpret the e\ idu.-nce of a foreigner or a deaf and dumb person to the court Amory v. Idellowes. 5 Mass. flfi: People v. Lem Dec. 132 Cal. 199, (H Pac. 60.

INTERREGNUM. An interval between reigns. Tile period which elnpses between the death of a sovereign and the election of another. The vacancy which occurs when there is no government.

INTERROGATOIRE. 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 accusation, and the answers of the accused. Poth Proc. Crim. c. 4. art. 2. § 1.

INT]-IRROGATORIES. A set or series

of written questions drawn up for the purpose of being propounded to a party ix.