Preamble

A preamble cannot annul enacting clauses; but, when it evinces the intention of the legislature and the design of the act, it enables us, in cases of two constructions, to adopt the one most consonant to their intention and design. (Marshall — paraphrasing rule.) A preamble sets forth merely the motives or inducements of the legislator, and, whether founded in error or truth, serves no other purpose than to justify him to those for whom he is legislating, or, at times, to assist in developing the meaning of doubtful enacting words.

An introduction prefixed to a statute, reciting the intention of the legislature in framing it, or the evils which led to its enactment. A preamble is said to be the key of a statute, to open the minds of the makers complished, by the provisions of the statute. 4 Inst. 330; 6 Pet. (U. S.) 301. In modern legislative practice, preambles are much less used than formerly, and in some of the United States are rarely, if ever, now inserted in statutes. In the interpretation of a statute, though resort may be had to the preamble, it cannot limit or control the express provisions of the statute. Dwarr. St. 504-508. Nor can it by implication enlarge what is expressly fixed. 1 Story, Const, bk. 3, c. 6; 3 Mc Cord (S. C.) 298; 15 Johns. (N. Y.) 89; Busb. (N. C.) 131; 2 Ware (U. S.) 38.

An introduction prefixed to a statute, reciting the intention of the legislature in framing it, or the evils which led to its enactment. It is no part of the law; Erie & N. E. R. v. Casey, 26 Pa. 287. Contra, [18911 A* C. 543. It is no more than a recital of some inconveniences, which does not exclude any other, for which a remedy is given by the enacting part of the statute. Resort cannot be had to the preamble of a statute to ascertain the intention of an act unless there is an ambiguity in the enacting part. Effect should be given to a pre- I amble to the extent that it shows what the legislature intended, and if the words of enactment have a meaning which does not go beyond that preamble, or which may come up to the preamble, in either case that meaning should be preferred to one which shows an intention of the legislature which would not answer the purposes of the preamble or would go beyond them. To that extent only is the preamble material; 8 App. Cas. 388. The clear language of an act cannot be cut down by a reference to the preamble; 29 Ch. D. 950. It may explain what is of doubtful meaning, but will not limit what is clear; Tripp v. Goff, 15 R. I. 299, 3 Atl. 591; Wilson v. Spaulding, 19 Fed. 304. A preamble is said to be the key of a statute, to open the minds of the makers as to the mischiefs which are to be remedied and the objects which are to be accomplished by the provisions of the statute; Co. 4th Inst 330; Green v. Neal, 6 Pet. (TJ. S.) 301, 8 L. Ed. 402. In modern legislative practice, preambles are much less used than formerly, and in some of the states are rarely inserted in statutes. In the interpretation of a statute, though resort may be had to the preamble, it cannot limit or control the express provisions of the statute; Dwarris, Stat. 504; Wilberf. Stat. Law 277. Nor can it by implication enlarge what is expressly fixed; 1 Story, Const, b. 3, c. 6; Bynum v. Clark, 3 Mc Cord (S. C.) 298, 15 Am. Dec. A preamble reciting the existence of public outrages, provision against which is made in the body of the act, is evidence of the facts it recites. See 4 Maule & S. 532; 2 Russ. Cr. 720. The facts recited in a preamble of a private statute are not evidence, as between the person for whose benefit the act passed and a third person; Parmelee v. Thompson, 7 Hill (N. Y.) 80; but the statement of legislative reasons in the preamble will not affect the validity of an act; Lothrop v. Stedman, 42 Conn. 583, Fed. Cas. No. 8,519. See Statute; Interpretation. A recital inserted in a contract for the purpose of declaring the intention of the parties.

An introduction; a clause introducing and explaining the reasons for the adoption of a constitution; a clause introducing a statute or ordinance, stating the reason for its enactment, its purposes, etc; a clause at the beginning of a written contract stating the purpose of the parties.

3 An introduction or preface. 1. A clause introductory to, and explanatory of, the reasons for estab Ushing a constitution. Preamble} to the Constitution of the United States: " We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." This preamble has been constantly referred to by statesmen and jurists to aid them in expounding the provisions of the Constitution.* See Welfare. 3. The introductory clause or section of a statute, ordinance, or other like enactment. Usually recites the motives for passing the enactment. Eef erred to when doubts and ambiguities arise upon the words of the enacting part. Its office is to expound powers conferred, not substantially to create 1 Sabariego v. Maverick, 134 U. S. 334 (1888); 3 Best, Ev. §§ 353, 363. 23 Wbart. Ev. §§ 1338-37; 1 Greenl. Ev. § 15, note; 3 Best, Ev. § 306. 8 L. prce-ambulare, to go before., powers. It serves as a guide to the intentions of the framers, -B-hich is only the first stage on the road to construction. Not being an essential part of a statute, it is frequently omitted. * 3. A recital in a contract declaring the intention of the parties. See Contract.

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.

a preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress or other legislatures which explains the reasons why the act is made. Preambles are also frequently put in contracts to explain the motives of the contracting parties. A preamble is said to be the key of a statute, to open the minds of the makers as to the mischiefs which are to be remedied, and the objects which are to be accomplished by the provisions of the statute. It cannot amount, by implication, to enlarge what is expressly given. 1 Story on Const. B. 3, c. 6. How far a preamble is to be considered evidence of the facts it recites, sce 4M. &S8. 532; 1 Phil. Ev. 239; 2 Russ. on Cr. 720; and see, generally, Ersk.. L. of Scotl. 1,1, 18; Toull. liv. 3,n. 318; 2 Supp. to Ves. Jr. 239.