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Preamble

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

An introductory recital in a contract, statute, &c., setting forth the facts or reasons which led to its being made or enacted. It is not strictly an operative part of the instrument, but may be referred to, The introducing clause or section of a statute is called the preamble. It usually recites the objects and intentions of the legislature in passing the statute, and frequently points out the evils or grievances which it was the object of the legislature to remedy. Although the preamble is generally a key to the construction, yet it does not always open or disclose all the parts of it; as sometimes the legislature, having a particular mischief in view, which was the primary object of the statute, merely state this in the preamble, and then go on in the body of the act to provide a remedy for general mischiefs of the same kind, but of different species, neither expressed in the preamble, nor perhaps then contemplated by the framer thereof. (Mann v. Cammel, Lofft, 783.) A reference to the preamble is therefore only an insufficient guide to the true interpretation of the statute.

Brown.