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in pari materia

English translation: Rules or parts of rules are in pari materia when they relate to the same proceedings

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Latin term or phrase:in pari materia
English translation:Rules or parts of rules are in pari materia when they relate to the same proceedings
Entered by: Sven Petersson
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11:50 Dec 3, 2001
Latin to English translations [Non-PRO]
Law/Patents
Latin term or phrase: in pari materia
section 1447(d) must be read in pari materi with section 1447(c)
William Brammer
Rules or parts of rules are in pari materia when they relate to the same proceedings
Explanation:
Rules or parts of rules are in pari materia when they relate to the same proceedings
or class of proceedings.

The interested student is referred to the following light reading:

In Pari Materia
In general
[From Words and Phrases, vol. 31, "P-Par Value", p. 120-24 (West, 1957)].
The purpose of "pari materia" rule is to ascertain and to carry into effect the Legislature's intention. Dupont v. Mills, Del., 196 A.168, 9 W.W.Harr. 42, 119 A.L.R. 174.
The "pari materia" rule is applicable only when terms of statute to be construed are ambiguous or of doubtful significance. Dupont v. Mills, Del., 196 A.168, 9 W.W. Harr. 42, 119 A.L.R. 174.
Statutes which relate to the same thing or to the same subject or object are in "pari materia" although they were enacted at different times. People ex rel. Nordstrom v. Chicago & N.W. Ry. Co., 142 N.E.2d 26, 31, 1 Ill.2d 99.
Statutes in "pari materia," which are statutes relating to same subject-matter, must be construed together. Lucchesi v. State Board of Equalization, 31 P.2d 800, 802, 137 Cal.App. 478.
Statutes which relate to same person or thing or same class of persons or things, or to same or closely allied subject or object, or have a common purpose or same common purpose, may be regarded as in "pari materia", but statutes which have no common aim or purpose and scope and which do not relate to same subject, object, thing or person are not in pari materia. Singleton v. Larson, Fla., 46 So.2d 186, 190.
Statutes in "pari materia" are those which relate to the same person or thing or to the same class of persons or things, or which have a common purpose, but an act which incidentally refers to the same subject as another is not in pari materia therewith, if their scope and aim are distinct and unconnected. Malone v. Cannon, 41 So.2d, 837, 843, 215 La. 939.
Statutes in "pari materia," which are those which relate to the same person or thing, or to the same class of persons or things, must be construed together. State v. Houck, 203 P.2d 693, 695, 32 Wash.2d 681.
Statutes are in "pari materia" when they relate to same person or thing or to same class of persons or things and are not in (p.121)substance inconsistent with each other. Ahern v. Settergren, 176 P.2d 645, 646, 647, 180 Or. 287.
The ejectment and quiet title statute and the unlawful detainer statute are not "in pari materia". Petsch v. Wiliman, 185 P.2d 902, 993, 29 Wash.2d 136.
The object of the rule of "pari materia" is to ascertain and carry into effect intention of legislature and it proceeds upon supposition that several statutes were governed by one spirit and policy and were intended to be consistent and harmonious in their several parts and provisions. In re Schneider's Estate, 31 N.W.2d 261, 264, 72 S.D. 174.
The statute providing that challenge of right to bring third party actions should be made by supplemental pleadings only, and statute referring to cases wherein Attorney general at request of State Industrial Accident Commission files answer contesting right of plaintiff therein to maintain action against employer subject to compensation act are not in "pari materia". In re Schneider's Estate, 31 N.W.2d 261, 264, 72 S.D. 174.
Where a statute is found to be ambiguous, the legislative intent may be gathered from statutes in "pari materia", that is, relating to the same subject matter. Frazier v. Terrill, 175 P.2d 438, 441, 65 Ariz. 131.
R.S.1943, § 62-213 and 62-1, 189 and Laws 1945, c. 11, relate to the same or closely allied subjects, having a common purpose or the same general purpose as component parts of the same general banking scheme or plan and are therefore in "pari materla". Placek v. Edstrom, 26 N.W.2d 489, 496, 148 Neb. 70.
Statutes which are not inconsistent with one another and which relate to the same subject matter are in "pari materia" and should be considered together, so that they will harmonize with each other and be consistent with their general object and scope, even though they contain no reference to one another and were passed at different times. Smith v. Higinbothom, 48 A.2d 754, 762, 187 Md. 115.
Statutes relating to the same subject-matter and enacted at the same session of Legislature are in "part materia". Garrett v. Mercantile Nat. Bank at Dallas, 168 S.W. 2d 636, 637, 140 Tex. 394.
The civil service statute and the statute relating to appointment of clerks of criminal judicial district courts are in "pari materia". Martini v. Civil Service Commisslon, 30 A.2d 569, 570, 129 N.J.L. 599.
The rule of "in pari materia" can be invoked only when statutes under consideration relate to same subject matter and same class of actions. Cashman v. Hedberg, 10 N.W.2d 388, 393, 215 Minn. 463.
The statute authorizing examination of the debtor of a judgment debtor is not in "pari materia" with statute relating to garnishment proceedings. Eden Realty Co. v. Queen City Petroleum Products Co., Ohio App., 45 N.E.2d 308, 310.
Act of 1937 authorizing circuit and superior courts to disbar attorneys and act giving Supreme Court rule-making powers governing practice in courts of state which acts were approved by governor on same day are construed in "pari materia". Beamer v. Waddell, 45 N.E.2d 1020, 1022, 221 Ind. 232.
Where some of statutes pertaining to improvement and leasing of public levees as compared to one another were of general application while others were limited to cities of a certain size and affected Kansas City, the statutes were not in "pari materia", and hence lease by Kansas City of improved public levee was not required to meet the requirements of the various statutes. State v. McCombs, 133 P.2d 134, 142, 156 Kan. 391.
Statutes involving same subject matter should be construed in "pari materia." Carpenter & Carpenter v. Kingham, 109 P.2d 463, 469, 470, 56 Wyo. 314.
All statutes in "pari materia" are to be construed together as if they formed parts of same statute, and were enacted at same time. Thoman v. Farmers & Bankers Life Ins. Co., 130 P.2d 551, 554, 155 Kan. 806.
Statutes relating to same substance, although enacted at different times, are in "pari materia" and should be construed together. Thoman v. Farmers & Bankers Life Ins. Co., 130 P.2d 551, 554, 155 Kan. 806.(p.122)
The law of lis pendens and the statute requiring the registration of instruments affecting title to realty must be construed in "pari materia". C.S. §§ 501, 3309. Massachusetts Bonding & Insurance Co. v. Knox, 18 S.E.2d 436, 439, 220 N.C. 725, 138 A.L.R. 1438.
The doctrine of presumed adoption in relation to statutes is persuasive only, and the adopted statute must be read in "pari materia" with other provisions of the local law. Sloss-Sheffield Steel & Iron Co. v. Willingham, 10 So.2d 10, 21, 243 Ala. 352.
In determining the legislative intent of a particular statute, all statutes in "pari materia" or relating to the same general subject matter should be considered. In re Jordon, 28 N.Y.S.2d 88, 90, 176 Misc. 557.
Acts enacted at the same session of the Legislature must be considered in "pari materia" so that both acts, if possible, may be given effect. People ex rel. Vaughan v. Thompson, 36 N.E.2d 351, 353, 377 Ill. 244.
Statutes relating to the same subject, though enacted at different times, are in "pari materia" and should be construed together. Enyeart v. City of Lincoln, 285 N.W. 314, 317, 136 Neb. 146.
Statutes which are not inconsistent with one another and which relate to the same subject matter are held to be in "pari materia" and should be construed together. Soble v. Herman, 9 S.E.2d 459, 462, 175 Va. 489.
All the sections of the Eickenberry Act relating to liquidation of building and loan associations are in "pari materia" and must be construed together. Gen.Code, §§ 687-1 to 687-23. Mutual Home & Savings Assn v. Merion, 37 N.E.2d 109, 114, 67 Ohio App. 439.
The law with reference to disinherison and the law with reference to unworthiness are in "pari materia" and must be construed with reference one to the other. Rev.Civ.Code, arts. 17, 21, 975, 1024. Successions of Lissa, 3 So.2d 534, 539, 198 La. 129.
The anti-injunction act and the State Labor Relations Act are "in pari materia" and should be read together and reconciled so far as possible, although they were passed at different sessions of the legislature. Civil Practice Act, § 876-a; Labor Law, § 700 et seq. Petrucci v. Hogan, 27 N.Y.S.2d 718, 723.
Departure from the literal import of the terms employed in enactment to declare the legislative object is warranted only to effectuate the intention evidenced from a view of the whole law and other laws in "pari materia". Singer Sewing Mach. Co. v. New Jersey Unemployment Compensation Commission, 27 A.2d 889, 893, 128 N.J.L. 611.
Two acts dealing with matter of sale of milk to inhabitants of state are in "pari materia" and must be construed together as parts of one system. Laws 1937, No. 99; Laws 1939, No. 209, as amended by Laws 1941, No. 176. In re Swanton Market Area, 23 A.2d 536, 539, 112 Vt. 285.
The language of criminal libel statute fixing term of imprisonment thereunder may be construed in "pari materia" with subject-matter of statute providing that courts imposing sentences to Ohio penitentiary shall make them general. Gen.Code, §§ 2166, 13383. Ex parte Thorpe, 32 N.E.2d 571, 574, 66 Ohio App. 128.
Statutes are in "pari materia" when they relate to the same matter or subject, even though some are specific and some general and even though they have not been enacted simultaneously and do not refer to each other expressly. State ex rel. Carlton v. Weed, 294 N.W. 370, 371, 372, 208 Minn. 342.
All the sections of the Fair Labor Standards Act of 1938 relating to exemptions are in "pari materia" and must be construed together to form a consistent whole if possible. Fair Labor Standards Act of 1938, § 7(c), 13(a), 29 U.S.C.A. § 207(c), 213(a). Bowie v. Gonzales, C.C.A.Puerto Rico, 117 F.2d 11, 17.
The "pari materia" rule proceeds upon the supposition that the several statutes relating to one subject were governed by one spirit and policy and were intended to be consistent and harmonious in their several parts and provisions. Dupont v. Mills, (p.123)196 A.168 9 W.W.Harr. 42 119 A.L.R. 174.
Under the "pari materia" rule, all consistent statutes which can stand together and relate to the same subject, though enacted at different dates, are treated prospectively and are construed together as though they constituted one act. Dupont v. Mills, Del., 196 A. 168, 177, 9 W.W.Harr. 42, 119 A.L.R. 174.
[26 additional instances ommitted]
[From Words and Phrases, vol. 31, "P-Par Value", 1998 Cumulative Annual Pocket Part (West, 1998).]
Statutes which are not inconsistent witn one another and which relate to the same subject matter are in "pari materia" and must be construed together. Transamerica Commercial Finance Corp. v. Blueville Bank of Grafton, 438 S.E.2d 817, 823, 190 W.Va. 474.
Missouri courts recognize doctrine of "pari materia," a rule of construction wherein statutes relating to same subject matter are considered together. Derossett v. Alton and Southern Ry. Co., Mo.App. E.D., 850 S.W.2d 109, 112.
Statutes relating to same subject, though enacted at different times, are in "pari materia" and should be construed together. Chicago & N.W. Ry. Co. v. City of Seward, 88 N.W.2d 175, 179, 166 Neb. 123.
Statutes in "pari materia" are those which relate to same subject matter or share common purposes. Crawford County v. Secretary of State, 408 N.W.2d 112, 116, 168 Mich.App. 168.
Statutes are in "pari materia" when they relate to same person or thing, to same class of persons or things, or have same purpose or object. Richardson v. Jackson County, 443 N.W.2d 105, 107, 432 Mich. 377.
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Sven Petersson
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Local time: 19:02
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Thank you for your quick response to my question. :)
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5 +1Rules or parts of rules are in pari materia when they relate to the same proceedings
Sven Petersson


  

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28 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
Rules or parts of rules are in pari materia when they relate to the same proceedings


Explanation:
Rules or parts of rules are in pari materia when they relate to the same proceedings
or class of proceedings.

The interested student is referred to the following light reading:

In Pari Materia
In general
[From Words and Phrases, vol. 31, "P-Par Value", p. 120-24 (West, 1957)].
The purpose of "pari materia" rule is to ascertain and to carry into effect the Legislature's intention. Dupont v. Mills, Del., 196 A.168, 9 W.W.Harr. 42, 119 A.L.R. 174.
The "pari materia" rule is applicable only when terms of statute to be construed are ambiguous or of doubtful significance. Dupont v. Mills, Del., 196 A.168, 9 W.W. Harr. 42, 119 A.L.R. 174.
Statutes which relate to the same thing or to the same subject or object are in "pari materia" although they were enacted at different times. People ex rel. Nordstrom v. Chicago & N.W. Ry. Co., 142 N.E.2d 26, 31, 1 Ill.2d 99.
Statutes in "pari materia," which are statutes relating to same subject-matter, must be construed together. Lucchesi v. State Board of Equalization, 31 P.2d 800, 802, 137 Cal.App. 478.
Statutes which relate to same person or thing or same class of persons or things, or to same or closely allied subject or object, or have a common purpose or same common purpose, may be regarded as in "pari materia", but statutes which have no common aim or purpose and scope and which do not relate to same subject, object, thing or person are not in pari materia. Singleton v. Larson, Fla., 46 So.2d 186, 190.
Statutes in "pari materia" are those which relate to the same person or thing or to the same class of persons or things, or which have a common purpose, but an act which incidentally refers to the same subject as another is not in pari materia therewith, if their scope and aim are distinct and unconnected. Malone v. Cannon, 41 So.2d, 837, 843, 215 La. 939.
Statutes in "pari materia," which are those which relate to the same person or thing, or to the same class of persons or things, must be construed together. State v. Houck, 203 P.2d 693, 695, 32 Wash.2d 681.
Statutes are in "pari materia" when they relate to same person or thing or to same class of persons or things and are not in (p.121)substance inconsistent with each other. Ahern v. Settergren, 176 P.2d 645, 646, 647, 180 Or. 287.
The ejectment and quiet title statute and the unlawful detainer statute are not "in pari materia". Petsch v. Wiliman, 185 P.2d 902, 993, 29 Wash.2d 136.
The object of the rule of "pari materia" is to ascertain and carry into effect intention of legislature and it proceeds upon supposition that several statutes were governed by one spirit and policy and were intended to be consistent and harmonious in their several parts and provisions. In re Schneider's Estate, 31 N.W.2d 261, 264, 72 S.D. 174.
The statute providing that challenge of right to bring third party actions should be made by supplemental pleadings only, and statute referring to cases wherein Attorney general at request of State Industrial Accident Commission files answer contesting right of plaintiff therein to maintain action against employer subject to compensation act are not in "pari materia". In re Schneider's Estate, 31 N.W.2d 261, 264, 72 S.D. 174.
Where a statute is found to be ambiguous, the legislative intent may be gathered from statutes in "pari materia", that is, relating to the same subject matter. Frazier v. Terrill, 175 P.2d 438, 441, 65 Ariz. 131.
R.S.1943, § 62-213 and 62-1, 189 and Laws 1945, c. 11, relate to the same or closely allied subjects, having a common purpose or the same general purpose as component parts of the same general banking scheme or plan and are therefore in "pari materla". Placek v. Edstrom, 26 N.W.2d 489, 496, 148 Neb. 70.
Statutes which are not inconsistent with one another and which relate to the same subject matter are in "pari materia" and should be considered together, so that they will harmonize with each other and be consistent with their general object and scope, even though they contain no reference to one another and were passed at different times. Smith v. Higinbothom, 48 A.2d 754, 762, 187 Md. 115.
Statutes relating to the same subject-matter and enacted at the same session of Legislature are in "part materia". Garrett v. Mercantile Nat. Bank at Dallas, 168 S.W. 2d 636, 637, 140 Tex. 394.
The civil service statute and the statute relating to appointment of clerks of criminal judicial district courts are in "pari materia". Martini v. Civil Service Commisslon, 30 A.2d 569, 570, 129 N.J.L. 599.
The rule of "in pari materia" can be invoked only when statutes under consideration relate to same subject matter and same class of actions. Cashman v. Hedberg, 10 N.W.2d 388, 393, 215 Minn. 463.
The statute authorizing examination of the debtor of a judgment debtor is not in "pari materia" with statute relating to garnishment proceedings. Eden Realty Co. v. Queen City Petroleum Products Co., Ohio App., 45 N.E.2d 308, 310.
Act of 1937 authorizing circuit and superior courts to disbar attorneys and act giving Supreme Court rule-making powers governing practice in courts of state which acts were approved by governor on same day are construed in "pari materia". Beamer v. Waddell, 45 N.E.2d 1020, 1022, 221 Ind. 232.
Where some of statutes pertaining to improvement and leasing of public levees as compared to one another were of general application while others were limited to cities of a certain size and affected Kansas City, the statutes were not in "pari materia", and hence lease by Kansas City of improved public levee was not required to meet the requirements of the various statutes. State v. McCombs, 133 P.2d 134, 142, 156 Kan. 391.
Statutes involving same subject matter should be construed in "pari materia." Carpenter & Carpenter v. Kingham, 109 P.2d 463, 469, 470, 56 Wyo. 314.
All statutes in "pari materia" are to be construed together as if they formed parts of same statute, and were enacted at same time. Thoman v. Farmers & Bankers Life Ins. Co., 130 P.2d 551, 554, 155 Kan. 806.
Statutes relating to same substance, although enacted at different times, are in "pari materia" and should be construed together. Thoman v. Farmers & Bankers Life Ins. Co., 130 P.2d 551, 554, 155 Kan. 806.(p.122)
The law of lis pendens and the statute requiring the registration of instruments affecting title to realty must be construed in "pari materia". C.S. §§ 501, 3309. Massachusetts Bonding & Insurance Co. v. Knox, 18 S.E.2d 436, 439, 220 N.C. 725, 138 A.L.R. 1438.
The doctrine of presumed adoption in relation to statutes is persuasive only, and the adopted statute must be read in "pari materia" with other provisions of the local law. Sloss-Sheffield Steel & Iron Co. v. Willingham, 10 So.2d 10, 21, 243 Ala. 352.
In determining the legislative intent of a particular statute, all statutes in "pari materia" or relating to the same general subject matter should be considered. In re Jordon, 28 N.Y.S.2d 88, 90, 176 Misc. 557.
Acts enacted at the same session of the Legislature must be considered in "pari materia" so that both acts, if possible, may be given effect. People ex rel. Vaughan v. Thompson, 36 N.E.2d 351, 353, 377 Ill. 244.
Statutes relating to the same subject, though enacted at different times, are in "pari materia" and should be construed together. Enyeart v. City of Lincoln, 285 N.W. 314, 317, 136 Neb. 146.
Statutes which are not inconsistent with one another and which relate to the same subject matter are held to be in "pari materia" and should be construed together. Soble v. Herman, 9 S.E.2d 459, 462, 175 Va. 489.
All the sections of the Eickenberry Act relating to liquidation of building and loan associations are in "pari materia" and must be construed together. Gen.Code, §§ 687-1 to 687-23. Mutual Home & Savings Assn v. Merion, 37 N.E.2d 109, 114, 67 Ohio App. 439.
The law with reference to disinherison and the law with reference to unworthiness are in "pari materia" and must be construed with reference one to the other. Rev.Civ.Code, arts. 17, 21, 975, 1024. Successions of Lissa, 3 So.2d 534, 539, 198 La. 129.
The anti-injunction act and the State Labor Relations Act are "in pari materia" and should be read together and reconciled so far as possible, although they were passed at different sessions of the legislature. Civil Practice Act, § 876-a; Labor Law, § 700 et seq. Petrucci v. Hogan, 27 N.Y.S.2d 718, 723.
Departure from the literal import of the terms employed in enactment to declare the legislative object is warranted only to effectuate the intention evidenced from a view of the whole law and other laws in "pari materia". Singer Sewing Mach. Co. v. New Jersey Unemployment Compensation Commission, 27 A.2d 889, 893, 128 N.J.L. 611.
Two acts dealing with matter of sale of milk to inhabitants of state are in "pari materia" and must be construed together as parts of one system. Laws 1937, No. 99; Laws 1939, No. 209, as amended by Laws 1941, No. 176. In re Swanton Market Area, 23 A.2d 536, 539, 112 Vt. 285.
The language of criminal libel statute fixing term of imprisonment thereunder may be construed in "pari materia" with subject-matter of statute providing that courts imposing sentences to Ohio penitentiary shall make them general. Gen.Code, §§ 2166, 13383. Ex parte Thorpe, 32 N.E.2d 571, 574, 66 Ohio App. 128.
Statutes are in "pari materia" when they relate to the same matter or subject, even though some are specific and some general and even though they have not been enacted simultaneously and do not refer to each other expressly. State ex rel. Carlton v. Weed, 294 N.W. 370, 371, 372, 208 Minn. 342.
All the sections of the Fair Labor Standards Act of 1938 relating to exemptions are in "pari materia" and must be construed together to form a consistent whole if possible. Fair Labor Standards Act of 1938, § 7(c), 13(a), 29 U.S.C.A. § 207(c), 213(a). Bowie v. Gonzales, C.C.A.Puerto Rico, 117 F.2d 11, 17.
The "pari materia" rule proceeds upon the supposition that the several statutes relating to one subject were governed by one spirit and policy and were intended to be consistent and harmonious in their several parts and provisions. Dupont v. Mills, (p.123)196 A.168 9 W.W.Harr. 42 119 A.L.R. 174.
Under the "pari materia" rule, all consistent statutes which can stand together and relate to the same subject, though enacted at different dates, are treated prospectively and are construed together as though they constituted one act. Dupont v. Mills, Del., 196 A. 168, 177, 9 W.W.Harr. 42, 119 A.L.R. 174.
[26 additional instances ommitted]
[From Words and Phrases, vol. 31, "P-Par Value", 1998 Cumulative Annual Pocket Part (West, 1998).]
Statutes which are not inconsistent witn one another and which relate to the same subject matter are in "pari materia" and must be construed together. Transamerica Commercial Finance Corp. v. Blueville Bank of Grafton, 438 S.E.2d 817, 823, 190 W.Va. 474.
Missouri courts recognize doctrine of "pari materia," a rule of construction wherein statutes relating to same subject matter are considered together. Derossett v. Alton and Southern Ry. Co., Mo.App. E.D., 850 S.W.2d 109, 112.
Statutes relating to same subject, though enacted at different times, are in "pari materia" and should be construed together. Chicago & N.W. Ry. Co. v. City of Seward, 88 N.W.2d 175, 179, 166 Neb. 123.
Statutes in "pari materia" are those which relate to same subject matter or share common purposes. Crawford County v. Secretary of State, 408 N.W.2d 112, 116, 168 Mich.App. 168.
Statutes are in "pari materia" when they relate to same person or thing, to same class of persons or things, or have same purpose or object. Richardson v. Jackson County, 443 N.W.2d 105, 107, 432 Mich. 377.



    Reference: http://www.2ndlawlib.org/misc/definition/pari_materia.html
Sven Petersson
Sweden
Local time: 19:02
Native speaker of: Native in SwedishSwedish, Native in EnglishEnglish
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