1-2-103. Statutes in derogation of the common law -- liberal construction. The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to the statutes of the state of Montana. The statutes establish the law of this state respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally construed with a view to effect their objects and to promote justice.
History: En. Sec. 4, Pol. C. 1895; re-en. Sec. 4, Rev. C. 1907; amd. Sec. 2, Ch. 4, L. 1921; re-en. Sec. 4, R.C.M. 1921; Cal. Pol. C. Sec. 4; re-en. Sec. 4, R.C.M. 1935; R.C.M. 1947, 12-202.
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