General
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
1.
Relating to a whole genus (q. v.) or kind, to a whole class or order; 3 whether of persons, relations, things, or places. Opposed (1) to local, private, or special (see 6, below): as, general or a general — custom, jurisdiction, law, practice, restraint, statute, usage, qq. v. Opposed (2) to partial: as, a general assignment, q. V. Opposed {S) to particular: as, general average, a general challenge, a general lien, qq. v. Opposed (4) to private or individual: as, a general ship, q. v. Opposed (5) to specific: as, a general — intent, legacy, malice, qq. v. Opposed (6), and chiefly, to special: as, general or a general — agent, appearance, appointment, charge, covenant, damage, demurrer, deposit, deputy, issue, executor, finding, guaranty, guardian, monition, occupant, order, owner, property, return, return-day, rule, session, sessions, tail, traverse, verdict, warranty, qq. v. 2. Belonging to, concerning, or affecting two or more persons or classes of persons, or persons in the same category; and opposed to individual: as, general — assets, creditors, meeting, partners, qq. v. 3. Common; obtaining among acquaintances or in the community at large: as, general — credit, reputation, qq. v. 4. Representing or pertaining to the public at large, whether constituting a State or the United States; State, or National: as, the general assembly, a general election, the general government, qq. v. 5. Over all others; chief, superior, head: as, in attorney-general, postmaster-general, solicitor-general. Conti-adistinguished from ■deputy, district, local, special.
1 3 Bl. Com. 445. 2R. S. § 1. See also Atchison, County Judge v. 6.
Inclusive of many species or individuals; comprehensive; generic: as, a general — term, word, expression. Maxims: general words are taken in their general sense; general expressions are restrained within the subject-matter; special provisions derogate from general provisions; a general clause does not extend to things included in a prior special clause. Deceivers deal in general expi'essions; fraud lurks in general expressions; error attends upon general expressions. "Where general words follow an enumeration of particular cases, such words apply only to cases of the same kind as those expressly mentioned." Thus, a land-warrant is not to be included in an act punishing forgery of " an indenture, certificate of public stock, or debt, treasury note, or other public security." ■' See Nosci Tua, A sociis. The meaning of general words will be restricted to carry out the legislative intenf Where particular words, in a statute, are followed by words of a general character, the latter are to be restricted to the objects particularly mentioned. If the act begins with words which speak of things or persons of ah inferior degree and concludes -with general words, the latter are not to be extended to a thing or person of a higher degree. If a particular class is mentioned and general words follow, they must be treated as referring to matters of the same kind, thus subordinating general terms to the preceding particulars.^ " General words in any instrument or statute are strengthened by exceptions, and weakened by enumeration." * See further Ejusdem Generis; Videre, Videlicet,