GENDER¹. That which designates the sexes.

2. As a general rule, when the masculine is used it includes the feminine, as, man (q. v.) sometimes includes women. This is the general rule, unless a contrary intention appears. But in penal² statutes³, which must be construed⁴ strictly⁵, when the masculine is used and not the feminine, the latter is not in general included. 3 C. & P. 225. An instance to the contrary, however, may be found in the construction, 25 Ed. III, st. 5, c. 2, §1, which declares it to be high treason, "When a man doth compass or imagine the death of our lord the king," &c. These words, "our lord the king," have been construed to include a queen regnant. 2 Inst. 7, 8, 9; H. P. C. 12; 1 Hawk⁶. P. C. c. 17; Bac. Ab. Treason, D.

3. Pothier says that the masculine often includes the feminine, but the feminine never includes the masculine; that according to this rule if a man were to bequeath to another all his horses, his mares would pass by the legacy⁷; but if he were to give all his mares, the horses would not be included. Poth. Introd. au titre 16, des Testaments⁸ et Donations Testamentaires, n. 170; 3 Brev. R. 9. In the Louisiana code in the French language, it is provided that the word fils, sons, comprehends filles, daughters. Art. 3522, n. 1. Vide Ayl. Pand. 57; 4 Car. & Payne, 216; S. C. 19 Engl. Com. Law R. 351; Barr. on the Stat. 216, note; Feme; Feme covert⁹; Feminine; Male; Man; Sex; Women; Worthiest¹⁰ of blood.

GENEALOGY¹¹. The summary history or table of a house or family, showing how the persons there named are connected together.

2. It is founded on the idea of a lineage or family. Persons descended¹² from the common father constitute a family. Under the idea of degrees is noted¹³ the nearness or remoteness, of relationship, in which one person stands with respect to another. A series of several persons, descended from a common progenitor¹⁴, is called a line. (q. v.) Children stand to each other in the relation either of full blood or half blood, according as they are descended from the same parents, or have only one parent in common. For illustrating¹⁵ descent and relationship, genealogical tables are constructed, the order of which depends on the end in view. In tables, the object of which is to show all the individuals embraced in a fanlily, it is usual to begin with the oldest progenitor, and to put all the persons of the male or female sex in descending¹⁶, and then in collateral¹⁷ lines. Other tables exhibit the ancestors of a particular person in ascending¹⁸ lines both on the father's and mother's side. In this way 4, 8, 16, 32- &c. ancestors are exhibited, doubling at every degree. Some tables are constructed in the form of a tree, after the. model of canonical¹⁹ law, (arbor consanguinitatis,) in which the progenitor is placed beneath, as if for the root or stem. Vide Branch; Line.

GENER. A son-in-law. Dig. 50, 16, 156.

GENERAL. This word has several meanings, namely: 1. A principal officer, particularly in the army. 2. Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3. Principal, as the general post office. 4. Not select, as a general ship. (q. v.) 5. Not particular, as a general custom. 6. Not limited, as general jurisdiction²⁰. 7. This word is sometimes annexed²¹ or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor²² General, the General Assembly, &c.

GENERAL ASSEMBLY. This name is given in some of the states to the senate and house of representatives, which compose the legislative²³ body.

GENERAL IMPARLANCE, pleading. One granted upon a prayer, in which the defendant²⁴ reserves to himself no exceptions, and is always from one term to another. Gould on Pl. c. 2, §17.

2. After such imparlance, the defendant cannot plead to the jurisdiction nor in abatement²⁵, but only to the action or merits. See Imparlance.