McQuiston's Adoption

Citations

• 238 Pa. 304
• 86 A. 205
• 1913 Pa. LEXIS 960

Syllabus

<p>Adoption — Jurisdiction—Residence of petitioner — Construction of statutes — Directory statute — Legislative intent — Act of May 4, 1855, P. L. L80.</p> <p>1. Whether a particular statute is mandatory or directory does 'not depend upon its form, but upon the intention of the legislature, to be ascertained from the consideration of the entire act, its nature, its objects and the consequences which would result from construing it one way or the other.</p> <p>2. Ordinarily when the legislative intent is to make an act mandatory, negative words are employed, since this necessarily excludes the idea of choice or direction, and while it does not follow because affirmative words only are used that a provision is directory, nevertheless this is a circumstance to be considered, together with other indications, in arriving at the legislative intent.</p> <p>3. In construing a statute, an interpretation is never to be adopted that would defeat the purpose of the enactment if any other reasonable construction can be found which its language will fairly bear; and if, therefore, it appears that construing the language of an act as mandatory, the purpose of the act would be so seriously impaired as to amount to a defeat in purpose, while on the other hand, if construing it as simply directory its efficiency is preserved, the latter construction is to prevail.</p> <p>4. In a proceeding to set aside a decree of adoption made under the Act of May 4, 1855, P. L. 430, which provides, “that it shall be lawful for any person desirous of adopting any child......to present his or her petition to such court in the county where he or she may reside, declaring such desire” it appeared that the adoption proceeding sought to be annulled had been commenced in the court of the county wherein the child proposed to be adopted resided, by a petitioner whose residence, as appeared by the petition, was in another county. Held, that the words of the act making it lawful for the applicant to apply by