21
Note A
Construction of Statutes,
Cf. Halsbury, Vol. 13. p.429
30.
Taylor. A Treatise on the Law of Evidence.(1920).
p.53.
General Rule.
The construction of a Statute is for the Judge,
Exceptions.
The construction is for the Jury, when
(1) there are words to be construed as words of art,
(2) phrases, having a peculiar commercial meaning,
are used in commerce,
(3) expressions are used in contracts,
(4) phrases are capable of being used in a technical
sense, which do not require any knowledge of the
law to explain them.
(5) [Statutory exception "the writing forms the
subject of an indictment or an action and the
guilt or innocence of the defendant depends upon
the popular meaning of the language employed"
(e.g. in a prosecution for 1/ibel).
The present case does not fall within any of the
exceptions.