The Application of the Ejusdem Generis Rule in the Interpretation of Criminal Statutes
| Date | 01 April 1946 |
| Published date | 01 April 1946 |
| DOI | 10.1177/002201834601000207 |
| Subject Matter | Article |
The
Application of the
Ejusdem
Generis
Rule in the Interpretation of Criminal
Statutes
T
HE
rule of
interpretation
known as
the
ejusdem generis
rule
has
been discussed in several recent cases including
Allen v. Emerson (1944
K.B.
362) in which
Asquith
].
delivered on
this
subject
an
interesting
judgment
which
is
dealt
with
below.
The
rule
may
be described as follows:
If
in
an
enactment
or
document
ageneral word follows
particular
and
specific words of
the
same
nature
as itself,
the
general word
takes
its
meaning
from
them,
and
is
held
to be restricted to
the
same genus as those more
limited
words, unless
there
be something
to
show
that
awider
sense is
intended
to
be
borne
by
the
general word.
An
illustration
of
the
working of
the
rule is
to
be found
in
Knott v. Blackburn (1944
K.B.
77).
The
enactment
which
had
to
be
interpreted
in
this
case was
the
Vagrancy
Act
1824, section 4, which provides
that
every
person being found
in
or
upon
"any
dwelling-
house, warehouse, coach-house,
stable
or outhouse, or
in
any
enclosed yard,
garden
or area" for
any
unlawful purpose
shall be deemed to be a rogue
and
avagabond.
The
justices
held
that
railway sidings were
not
included
by
the
general word
'area.'
In
the
case which
they
stated
for
the
opinion of
the
Divisional Court
they
said
that'
area'
"
must
be
construed
ejusdem generis with,
and
was a space
akin
to, a
yard
or
garden".
Clearly,
if
'
area'
were.
to
be
given
its
ordinary, wide meaning
it
would cover railway
sidings.
The
Divisional Court
held
that
the
justices
had
rightly
given alimited
meaning
to
the
word as
it
appeared
in
the
context
of section 4.
Lord
Caldecote, L.C.].,
thought
that'
area'
should
be
construed
in
the
sense in
which
the
justices construed it,
"having
regard
to
the
use of
the
words
'yard'
and
'garden'
immediately
followed
by
148
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