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· 12/30/1918

Continental Oil Co. v. City of Santa Fe

Citations

  • 25 N.M. 94
  • 177 P. 742

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A preamble is a prefatory statement or explanation or a finding- of facts by the power making it, purporting- to state the purpose, reason, or occasion for making the law to which it is prefixed. Although not an essential part of an act or ordinance, reference thereto may be had-in aid of the interpretation of the act or ordinance of which it is a part. P. 97</p> <p>2. Where it appears from the context of an act or ordinance that words have been omitted therefrom, the same may be supplied by judicial construction, to complete the sense and express the legislative will. If no judicial certainty, however, can be settled upon as to its meaning, after resorting to every authorized means of construction, the court will not complete or make certain an act or ordinance otherwise incomplete and uncertain. . ■ P. 98</p> <p>3.Municipal ordinances are construed by the same rules as statutes of the Legislature. P. 101</p>

Judges: Hanna, Parker, Roberts

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