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CITY OF CAMDEN v. BRASSELL

4/21/1997

The City of Camden (Camden) appeals from the circuit court's order reversing Evander M. Brassell's (Brassell) conviction in municipal court for
FACTS/PROCEDURAL BACKGROUND


Brassell was charged with
ISSUE


    Is 
LAW/ANALYSIS


The City of Camden argues the trial court erred in construing
Ab initio, even though the issue in this case is imbued with simplicity, it is novel in South Carolina. For guidance, we examine the applicable statutes with circumspection giving due deference to the legislative will. Predominantly, the Court analyzes the statutory language so as to glean the legislative intent.
STATUTORY CONSTRUCTION


The cardinal rule of statutory construction is to ascertain and effectuate the legislative intent whenever possible. Joint Legislative Comm. v. Huff, et al., 320 S.C. 241, 464 S.E.2d 324 (1995). See also Glover by Cauthen v. Suitt Constr. Co., 318 S.C. 465, 458 S.E.2d 535 (1995)(primary rule of statutory construction requires that legislative intent prevail if it can reasonably be discovered in language used construed in light of intended purpose). All rules of statutory construction are subservient to the one that legislative intent must prevail if it reasonably can be discovered in the language used, and that language must be construed in the light of the intended purpose of the statute. Kiriakides v. United Artists Communications, Inc., 312 S.C. 271, 440 S.E.2d 364 (1994). The determination of legislative intent is a matter of law. Charleston County Parks & Recreation Comm'n v. Somers, 319 S.C. 65, 459 S.E.2d 841 (1995).


South Carolina Code Ann. § 2-13-175 (Supp. 1996) is controlling in regard to catch line headings or captions of statutes. This legislative provision provides:


    The catch line heading or caption which immediately
  follows the section number of any section of the Code
  of Laws must not be deemed to be part of the section
  and must not be used to construe the section more
  broadly or narrowly than the text of the section would
  indicate. The catch line or caption is not part of the
  law and is merely inserted for purposes of convenience
  to the person using the Code.

Where the legislature elects not to define the term in the statute, courts will interpret the term in accord with its usual and customary meaning. Adoptive Parents v. Biological Parents, 315 S.C. 535, 446 S.E.2d 404 (1994). In construing a statute, the court looks to its language as a whole in light of its manifest purpose. Adams v. Texfi Indus., 320 S.C. 213, 464 S.E.2d 109 (1995).


If a statute's language is plain and unambiguous, and conveys a clear and definite meaning, there is no occasion for employing rules of statutory interpretation and the court has no right to look for or impose another meaning. City of Columbia v. American Civil Liberties Union, 323 S.C. 384, 475 S.E.2d 747 (1996). Where a statute is complete, plain, and
The statute as a whole must receive practical, reasonable, and fair interpretation consonant with the purpose, design, and policy of lawmakers. Rosenbaum v. S-M-S 32, 311 S.C. 140, 427 S.E.2d 897 (1993). See also Whitner, supra (Court should consider not merely language of particular clause being construed, but word and its meaning in conjunction with purpose of whole statute and policy of law). In interpreting a statute, the language of the statute must be read in a sense which harmonizes with its subject matter and accords with its general purpose. Koenig v. South Carolina Dep't of Pub. Safety, 325 S.C. 400, 480 S.E.2d 98 (Ct. App. 1996). Any ambiguity in a statute should be resolved in favor of a j

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