Introduction to Ejusdem generis Principles with case laws Supreme Court Jurisdiction

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INTERPRETATION OF STATUTE
ASSIGNMENT
TOPIC: CONSTRUCTION OF
EJUSDEM GENERIS
NAME: Mohit Dua
CLASS: B.a.LLB. 10th
Sem.
ROLL NO. 3176 (section. A)

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Introduction
Ejudem Generis is a Latin term which means “of the same kind”, it is used
to interpret loosely written statutes. Where a law lists specific classes of
persons or things and then refers to them in general, the general
statements only apply to the same kind of persons or things specifically
listed.
Meaning
 Means of the same kind.
 Normally, in general words should be given their natural meaning
like all other words unless the context requires otherwise.
 But when a general word follows specific words od distinct category,
the general word may be given a restricted meaning of the same
category.
 Drafters commonly use a series of terms followed by a general
phrase intended as a catch all.
 Courts construe that catch all phrase as restricted to cases that
share common characteristics with the specific terms to which it is
linked.
Principle of Ejusdem Generis
The basis of the principle of Ejusdem Generis is that if the legislature
intended general words to be used in unrestricted sense, it would not
have bothered to use particular words at all.
R.v. Edmundison (1859) 28 L.J.M.C. 213
It was stated by Lord Campbell “where there were general words
following particular and specific words, the general words must be
confined to things of the same kind as those specified.” By applying this
rule the presumed intention of the Legislature is used to restrict the ambit
of wide and general expressions. And therefore the ejusdem generis rule
is applied when
(a) The statute contains an enumeration of specific words.
(b) The general term follows the enumeration.
(c) There is no indication of a different legislative intent.
(d) The subjects of the enumeration constitute a class or category.
(e) That class or category is not exhausted by the enumeration.

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For example:
In an Act dealing with the slaughter of animals for food for human
consumption, the expression ‘cow, goats, sheep and other animals”
Whether the following animals are cover under the above expression:
1. Cats and Dogs
2. Poultry
3. Wild Animals
4. Horse Flesh
 It does not extend to cats and dogs, as these are not commonly
eaten, or to poultry, as these do not have the same physical
characteristics as those listed, or to wild animals that are hunted for
their meat. But in places where horse flesh is used for human food,
it may be construed to cover horses.
COOKED BREAKFAST (Fictious) ACT 2015
The Act applies to:
Bacon, Sausages, Fried Egg or Similar foods
 Which of the following foods the Act covers?
a. Burger
b. Toast
c. Candy
The ejusdem generis rule requires interpreting the general words of the
same kind as the specific words.
So all specific words (bacon, sausage, fried eggs) are breakfast related
words… because it’s not common to have burger or candy for breakfast,
those items are not covered by this act. So, Toast ✔
McBoyle v. United States 283 U.S. 25 (1931)
Facts
 McBoyle transported a plane that he knew to be stolen from Ottawa,
Illinois to Guymon, Oklahoma.
 He was accused of violating the National Motor Vehicles Theft Act.

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Provisions
The Statute stated that “the term ‘motor vehicle’ shall include an
automobile, automobile truck, automobile wagon, motor cycle, or any
other self-propelled vehicle not designed for running on rails.”
 McBoyle claimed that since the act did not specifically mention
aircraft, it did not apply to aircraft.
 The District Court held that “any other self-propelled and not
designed for running on rails.
 McBoyle appealed to the Supreme Court.
Supreme Court held
 Opinion by Justice Oliver Wendell Holmes: “No doubt etymologically
it is possible to use the word to signify a conveyance working on
land, water or air…
 But is everyday speech ‘vehicle’ calls up the picture of a thing
moving on land. So here, the phrase under discussion calls up the
popular picture. For after including automobile truck, automobile
wagon and motorcycle, the words any other self-propelled veicle not
designed for running on rails’ still indicate a vehicle in a popular
sense, that is a vehicle running on land is the theme. It is a vehicle
that runs, not something, not commonly called a vehicle, that flies.
Airplanes were well known in 1919 when this statute was passed,
but it is admitted that they were not mentioned in the reports or in
the debates in Congress”
 Reversed
People v Bugaiski, 224 Mich App 241
Bugaiski shot a dog he claimed he was attacking his own dog. He was
prosecuted under the dog law of 1919.
Defenses:
- “Any person… may kill any dog which he sees in the act of pursuing,
worrying, or wounding any livestock or poultry or attacking persons,
and there shall be no liability on such person, in damages or
otherwise, for such killings.”
- “Livestock” means horses, stallions, colts, geldings, mares, sheep,
rams, lambs, bulls, bullocks, steers, cows, calves, mules, jacks,
jennets, burros, goats, kids and swine, and fur-bearing animals
being raised in capitivity.

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 Horse: a solid-hoofed plant-eating domesticated mammal
with a flowing mane and tail, used for riding, racing, and to
carry and pull loads.
 Stallions: an uncastrated adult male horse.
 Colts: a colt is a male horse, usually below the age of four
years.
 Gelding: a gelding is a castrated horse or other equine, such
as a donkey or a mule.
 Mare: a broodmare is a mare used for breeding.
 Sheep: a farm animal with thick wool that eats grass and is
kept for its wool, skin, and meat.
 Rams: an uncastrated male sheep.
 Lamb: a young sheep.
 Bull: an uncastrated male bovine animal.
 Bullocks: a male domestic bovine animal that has been
castrated and is raised for beef.
 Steers: an ox less than four years old.
 Cow: a fully grown female animal of a domesticated breed of
ox, kept to produce milk or beef.
 Calves: the young of the domestic cow or other bovine
animal.
 Mule: the offspring of a donkey and a horse.
 Jack: male of ass or donkey.
 Jennet: a kind of small Spanish horse.
 Burro: a small donkey used as a pack animal.
 Goat: a hardy domesticated ruminant mammal that has
backward-curving horns and (in the male) a beard.
 Goat: a young goat.
 Pig: another name of a pig.
Issue:
Whether the Legislature intended that dogs be included within the
definition of “livestock” as a part of category “fur-bearing animals raised
in captivity.”
Held:
 It concludes dogs were not included within the definition of “livestock” as
a part of category “fur-bearing animals being raised in captivity.”
 The fact the Legislature listed “Fur-bearing” animals as a separate
category within the laundry list of “livestock” indicates a specific intent to
distinguish these animals from the rest of the list on the basis of their

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fur-bearing characteristic, presumably at least in partial recognition of the
commercial value of furs. Dog are not so distinguished.
 Moreover, the deliberate use of the modifying phrase “being raised in
captivity” implies the fur-bearing animals contemplated in the category
are not normally held in captivity. Again, dogs do not belong in this
category.
 “Fur-bearing animals” includes badger, beaver, bobcat, coyote, fisher,
fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk,
weasel, and wolf.
DIFFERENCE BETWEEN EJUSDEM GENERIS AND NOSCITUR A SOCIIS
 Ejusdem generis” is a Latin maxim which means that where there is
a list of words sin statute followed by some general words, the
general words are limited to the same sort of items as are
mentioned in the specific things set out in the list.
 The doctrine of “ejusdem generis” arises if a catchall phrase ends a
list. The catchall phrase would refer to things similar in character to
the other items in the list.
 For e.g. if in the list included, dogs, cats, parakeets and similar
animals, the catchall phrase, “similar animals” would mean other
types of pets since the other animals in the list are common pets.
 The maxim “Noscitur a sociis” means that a word is determined by
the words that surround it, i.e., within the context. This principle is
applied to either enlarge or restrict the meaning of a word within
the confines of a document. Hence, when a word is ambiguous the
judge looks at the rest of the document to determine the meaning.
Powell v Kempton Park Racecourse Co (1899)
Facts:
 The Betting Act, 1853 made it an offence to keep a house, office,
room or other place for the purposes of betting.
 The House of Lords had to decide if the statute applied to
Tattersall’s enclosure at Kempton Park Racecourse
Held:
The court applied the ejusdem generis rule and held that the other
mentioned in the statute related to places indoors whereas Tattersall’s
enclosure was outside. There was thus no offence committed.

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CONCLUSION
Ejusdem generis means “of the same kind”. Generally particular words
are given their natural meaning provided the context does not require
otherwise. If general words follow particular words pertaining to a class,
category or genus then it is construed that general words are limited to
mean the person or thing of the same general class, category or genus
as those particularly exposed.
The basic rule is that if the legislature intended general words to be
used in unrestricted sense, then it need not have used particular words
at all. This rule is not of universal application.