Gender

That which designates the sexes. As a general rule when the masculine is used it includes the feminine, as, man (q. Vv.) sometimes includes women. ‘This is the general rule, unless a contrary. intention appears. But in penal statutes, which must be construed strictly, when the masculine is used and not the feminine, the latter is not included. Pothier says that the masculine often includes the feminine, but the feminine never see the masculine; that according ‘to this rule if a man were to bequeath to another all his horses, his mares would pass by the legacy; but if he were to give all his mares, the horses would not be included.

Poth. Introd. au titre 16, des Testaments et Donations testamentaires, n. 170. Vide Ayl. Pand. 57; 4 Car. & Payne, 216; S. C. 19 Engl. Com. Law R. 351.