1-2-101. Role of the judge -- preference to construction giving each provision meaning. In the construction of a statute, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted. Where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
History: En. Sec. 612, p. 198, L. 1877; re-en. Sec. 612, 1st Div. Rev. Stat. 1879; re-en. Sec. 630, 1st Div. Comp. Stat. 1887; re-en. Sec. 3134, C. Civ. Proc. 1895; re-en. Sec. 7875, Rev. C. 1907; re-en. Sec. 10519, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1858; re-en. Sec. 10519, R.C.M. 1935; R.C.M. 1947, 93-401-15(part).
Structure Montana Code Annotated
Title 1. General Laws and Definitions
Chapter 2. Statutory Construction
1-2-101. Role of the judge -- preference to construction giving each provision meaning
1-2-102. Intention of the legislature -- particular and general provisions
1-2-103. Statutes in derogation of the common law -- liberal construction
1-2-104. Preference to construction favoring natural right
1-2-105. General definitional rules -- verb tense, gender, and number
1-2-106. Construction of words and phrases
1-2-107. Applicability of definitions
1-2-109. When laws retroactive
1-2-110. All statutes subject to repeal
1-2-111. Effect of code on special, local, and private statutes
1-2-112. Statutes imposing new local government duties
1-2-113. Statutes imposing new duties on a school district to provide means of financing
1-2-116. State agencies not to shift cost to local governments