GENDE definition

GENDE





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1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  GENDER. That which designates the sexes.
       2. As a general rule, when the masculine is used it includes the 
  feminine, as, man (q. v.) 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 in general included. 3 C. & P. 225. An instance to the 


  contrary, however, may be found in the construction, 25 Ed. III, st. 5, c. 
  2, Sec. 1, which declares it to be high treason, "When a man doth compass or 
  imagine the death of our lord the king," &c. These words, "our lord the 
  king," have been construed to include a queen regnant. 2 Inst. 7, 8, 9; H. 
  P. C. 12; 1 Hawk. P. C. c. 17; Bac. Ab. Treason, D. 
       3. Pothier says that the masculine often includes the feminine, but the 
  feminine never includes 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; 3 Brev. R. 9. In the Louisiana code in the French 
  language, it is provided that the word fils, sons, comprehends filles, 
  daughters. Art. 3522, n. 1. Vide Ayl. Pand. 57; 4 Car. & Payne, 216; S. C. 
  19 Engl. Com. Law R. 351; Barr. on the Stat. 216, note; Feme; Feme covert; 
  Feminine; Male; Man; Sex; Women; Worthiest of blood. 
  
  

















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