Commonwealth v. Galvin, 446 N.E.2d 391 (Mass. 1983). · Go Syfert
Commonwealth v. Galvin, 446 N.E.2d 391 (Mass. 1983). Cases Citing This Book View Copy Cite
“where the legislature has employed specific language in one paragraph, but not in another, the language should not be implied where it is not present.”
98 citation events (47 in the last 25 years) across 7 distinct courts.
Strongest positive: Commonwealth v. Muckle (mass, 2017-10-06)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Commonwealth v. Muckle
Mass. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
when the meaning of any particular section or clause of a statute is questioned, it is proper, no doubt, to look into the other parts of the statute
discussed Cited as authority (verbatim quote) Commonwealth v. Wright
Mass. App. Ct. · 2015 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
here the legislature has employed specific language in one paragraph, but not in another, the language should not be implied where it is not present
discussed Cited as authority (verbatim quote) Commonwealth v. Perella (2×) also: Cited as authority (rule)
Mass. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when the meaning of any particular section or clause of a statute is questioned, it is proper... to look into the other parts of the statute
discussed Cited as authority (verbatim quote) Alliance to Protect Nantucket Sound, Inc. v. Department of Public Utilities
Mass. · 2011 · quote attribution · 1 verbatim quote · confidence high
where the legislature has employed specific language in one paragraph, but not in another, the language should not be implied where it is not present
discussed Cited as authority (verbatim quote) Ciardi v. F. Hoffmann-La Roche, Ltd.
Mass. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
where the legislature has employed specific language in one paragraph, but not in another, the language should not be implied where it is not present
examined Cited as authority (quoted) Boos v. Abbott Laboratories (2×)
D. Mass. · 1996 · signal: see · quote attribution · 2 verbatim quotes · confidence high
where the legislature has employed specific language in one paragraph, but not in another, the language should not be implied where it is not present.
cited Cited as authority (rule) Boss v. Town of Leverett
Mass. · 2020 · confidence medium
See Telesetsky, supra; Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) U.S. Bank Trust, N.A. v. Johnson
Mass. App. Ct. · 2019 · confidence medium
In addition, "[w]hen the meaning of any particular section or clause of a statute is questioned, it is proper, no doubt, to look into the other parts of the statute." Commonwealth v. Williamson, 462 Mass. 676, 681 (2012), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) Commonwealth v. Cooper
Mass. App. Ct. · 2017 · confidence medium
In general, "a statute is to be interpreted 'according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.'" Commonwealth v. Welch, 444 Mass. 80, 85 (2005), quoting from Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
cited Cited as authority (rule) Commonwealth v. Garvey
Mass. · 2017 · confidence medium
Louis, 473 Mass. 350, 355 (2015); Commonwealth v. Galvin, 388 Mass. 326, 329 (1983).
discussed Cited as authority (rule) In the Matter of E.C.
Mass. App. Ct. · 2016 · confidence medium
Where the text is unclear or ambiguous, "a statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated." Telesetsky v. Wight, 395 Mass. 868, 872 (1985), quoting from Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) In re E.C.
Mass. App. Ct. · 2016 · confidence medium
Where the text is unclear or ambiguous, “a statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Telesetsky v. Wight, 395 Mass. 868, 872 (1985), quoting from Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) Commonwealth v. Garrett
Mass. · 2015 · confidence medium
To determine whether a BB gun is a firearm for the purposes of the armed robbery statute, we analyze the statutory language under the familiar principle of statutory construction that a statute is to be interpreted “according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Commonwealth v. Galvin, 388 Mass. 326,…
discussed Cited as authority (rule) Commonwealth v. Rezendes
Mass. App. Ct. · 2015 · confidence medium
In general, “a statute is to be interpreted ‘according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.’ ” Commonwealth v. Welch, 444 Mass. 80, 85 (2005), *373 quoting from Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
cited Cited as authority (rule) Commonwealth v. McGhee
Mass. · 2015 · confidence medium
See Commonwealth v. Williamson, 462 Mass. 676, 681 (2012); Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) Care & Protection of Jamison
Mass. · 2014 · confidence medium
Where ambiguities exist, however, “a statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, [and] considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and that main object to be accomplished.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975).
cited Cited as authority (rule) Brown v. Leahy
Mass. Super. Ct. · 2013 · confidence medium
Protection, 455 Mass. 740, 744 (2010); Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) Channing v. Registry of Motor Vehicles
Mass. Super. Ct. · 2013 · confidence medium
“Where the Legislature has employed specific language in one paragraph, but notin another, the language should not be implied where it is not present.” Commonwealth v. Galvin, 388 Mass. 326, 330 (1983), quoting Beeler v. Downey, 387 Mass. 609, 616 (1982).
discussed Cited as authority (rule) Commonwealth v. Williamson
Mass. · 2012 · confidence medium
“When the meaning of any particular section or clause of a statute is questioned, it is proper, no doubt, to look into the other parts of the statute . . . .” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting Holbrook v. Holbrook, 1 Pick. 248 , 250 (1823).
discussed Cited as authority (rule) Souza v. Registrar of Motor Vehicles
Mass. · 2012 · confidence medium
In this regard, it is significant that the Legislature used these phrases in other subsections and paragraphs of § 24. “[W]here the Legislature has employed specific language in one paragraph, but not in another, the language should not be implied where it is not present.” Commonwealth v. Galvin, 388 Mass. 326, 330 (1983), quoting Beeler v. Downey, 387 Mass. 609, 616 (1982).
discussed Cited as authority (rule) Rosing v. Teachers' Retirement System
Mass. · 2010 · confidence medium
Protection, 429 Mass. 798, 803 (1999) (“We do not read into [a] statute a provision which the Legislature did not see fit to put there, nor add words that the Legislature had an option to, but chose not to include”); Commonwealth v. Galvin, 388 Mass. 326, 330 (1983), quoting Beeler v. Downey, 387 Mass. 609, 616 (1982) (“where the Legislature has employed specific language in one paragraph, but not in another, the language should not be implied where it is not present”).
discussed Cited as authority (rule) Commonwealth v. Bolling
Mass. App. Ct. · 2008 · confidence medium
As a general matter, “a statute is to be interpreted ‘according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.’ ” Commonwealth v. Welch, 444 Mass. 80, 85 (2005), quoting from Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
cited Cited as authority (rule) Patriot Resorts Corp. v. Register of Deeds of Berkshire
Mass. App. Ct. · 2008 · confidence medium
Commonwealth v. Galvin, 388 Mass. 326, 328 (1983). ‘[T]he primary source of insight into the intent of the Legislature is the language of the statute,’ International Fid.
cited Cited as authority (rule) Cooney v. Compass Group Foodservice
Mass. App. Ct. · 2007 · confidence medium
Commonwealth v. Galvin, 388 Mass. 326, 328 (1983). ‘[T]he primary source of insight into the intent of the Legislature is the language of the statute,’ International Fid.
discussed Cited as authority (rule) Hejinian v. General American Life Insurance
Mass. Super. Ct. · 2007 · confidence medium
Through this prism we interpret the statute “in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished.” Telesetsky v. Wight, 395 Mass. 868, 872 (1985), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
cited Cited as authority (rule) Boone v. Commerce Insurance
Mass. App. Ct. · 2007 · confidence medium
Commonwealth v. Galvin, 388 Mass. 326, 328 (1983). ‘[T]he primary source of insight into the intent of the Legislature is the language of the statute,’ International Fid.
discussed Cited as authority (rule) Commonwealth v. Mitchell
Mass. App. Ct. · 2006 · signal: cf. · confidence medium
Cf. Commonwealth v. Galvin, 388 Mass. 326, 330 (1983) (when a statute employs specific language in one portion, and excludes it in another, the language should not be implied where it is missing); 2A Singer, Sutherland Statutory Construction § 46.06 (6th ed. 2000).
discussed Cited as authority (rule) In re a Grand Jury Subpoena
Mass. · 2006 · confidence medium
“When the meaning of any particular section or clause of a statute is questioned, it is proper, no doubt, to look into the other parts of the statute.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting Holbrook v. Holbrook, 1 Pick. 248 , 250 (1823).
discussed Cited as authority (rule) Goldstein v. Savings Bank Life Insurance
Mass. Super. Ct. · 2006 · confidence medium
As the Supreme Judicial Court wrote in Champigny v. Commonwealth: We construe a statute in accord with “the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated,” Telesetsky v. Wight, 395 Mass. 868, 872-73 (1985), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), and to avoid imputing a “(b)arrenness of accomplish…
cited Cited as authority (rule) Commissioner of Correction v. Superior Court Department of the Trial Court
Mass. · 2006 · confidence medium
Commonwealth v. Galvin, 388 Mass. 326, 328 (1983). “[T]he primary source of insight into the intent of the Legislature is the language of the statute,” International Fid.
discussed Cited as authority (rule) Commonwealth v. Jean-Pierre
Mass. App. Ct. · 2005 · confidence medium
In other words, the defendant suggests that “permanent,” as used in the statutory definition, modifies not only “disfigurement” but also “loss or impairment of a bodily function, limb or organ.” We reject the defendant’s contention and affirm his conviction on the charge of assault and battery causing serious bodily injury. 2 In general, “a statute is to be interpreted ‘according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or…
discussed Cited as authority (rule) Chace v. Curran
Mass. Super. Ct. · 2005 · confidence medium
When a statute is ambiguous, it “must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of the framers may be effectuated.” Telesetsky v. Wight, 395 Mass. 868, 872-73 (1985), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) Commonwealth v. Welch
Mass. · 2005 · confidence medium
We apply the general rule of statutory construction that a statute is to be interpreted “according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975).
discussed Cited as authority (rule) Adoption of Marlene
Mass. · 2005 · confidence medium
If the meanings are unclear, the statute must be interpreted “according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Telesetsky v. Wight, 395 Mass. 868, 872 (1985), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
cited Cited as authority (rule) Tietjen v. Wells
Mass. Super. Ct. · 2003 · confidence medium
Hallett v. Contributory Retirement Appeal Bd., 425 Mass. 66, 69 (2000); Commonwealth v. Galvin, 388 Mass. 326, 330 (1983).
discussed Cited as authority (rule) Commonwealth v. Ray
Mass. · 2001 · confidence medium
Through this prism we interpret the statute “in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished.” Telesetsky v. Wight, 395 Mass. 868, 872 (1985), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983). 3.
discussed Cited as authority (rule) Commonwealth v. Smith
Mass. · 2000 · confidence medium
The court proceeds, however, to interpret the statute in such a way to cover only “heterosexual coitus.” This result is in direct contravention to the fundamental principle of statutory interpretation, that is, the court should construe a statute in order to effectuate its purpose or purposes, see Commonwealth v. Galvin, 388 Mass. 326, 328 (1983); ante at 421; and disregards dictionary definitions of the term, ante at 422, on which we have traditionally relied to help us determine the ordinary and common usage of a word.
cited Cited as authority (rule) Commonwealth v. Economou
Mass. Super. Ct. · 1999 · confidence medium
Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) Sumpter
Mass. App. Ct. · 1999 · confidence medium
In ascertaining the Legislature’s intent, we look not only at the Legislature’s words, but also the “cause of [the statute’s] enactment, the mischief or imperfection to be remedied and the main object to be accomplished.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting from Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975).
discussed Cited as authority (rule) Griffin v. Commercial Union Insurance
Mass. Super. Ct. · 1998 · confidence medium
Accordingly, “where the Legislature has employed specific language in one [clause] but not in another, the language should not be implied where it is not present." Commonwealth v. Galvin, 388 Mass. 326, 330 (1983).
discussed Cited as authority (rule) Bombardieri v. Registrar of Motor Vehicles
Mass. · 1998 · confidence medium
“We generally construe statutes to give effect ‘to the intent of the Legislature [as] ascertained from all [the statute’s] words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.’ ” Globe Newspaper Co. v. Beacon Hill Architectural Comm’n, 421 Mass. 570, 584 (1996), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge
Mass. · 1997 · confidence medium
We construe a statute to fulfil “the intent of the Legislature ascertained from all its words construed by the ordinary , and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Telesetsky v. Wight, 395 Mass. 868, 872 (1985), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) Motta v. Schmidt Manufacturing Corp.
Mass. App. Ct. · 1996 · confidence medium
(Where a statute or enactment is “detailed and precise,” the omission of certain words or provisions is regarded as purposeful.) And where, as here, specific language has been included in one part of the enactment, but not in another, the language “should not be implied where it is not present.” Commonwealth v. Galvin, 388 Mass. 326, 330 (1983), quoting from Beeler v. Downey, 387 Mass. 609, 616 (1982).
discussed Cited as authority (rule) Singer Friedlander Corp. v. State Lottery Commission
Mass. · 1996 · confidence medium
When ambiguities are present, however, ‘a statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.’ Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting Board of Educ. v. Assessors of Worcester, 368 Mass. 511, 513 (1975).
cited Cited as authority (rule) Bartlett v. Greyhound Real Estate Finance Co.
Mass. App. Ct. · 1996 · confidence medium
We examine the words used both in the problematic section and in “other parts of the statute.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
discussed Cited as authority (rule) Globe Newspaper Co. v. Beacon Hill Architectural Commission
Mass. · 1996 · confidence medium
We generally construe statutes to give effect “to the intent of the Legislature [as] ascertained from all [the statute’s] words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975).
discussed Cited as authority (rule) Commonwealth v. Meadows
Mass. Super. Ct. · 1994 · confidence medium
Further, “a statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied, and the main object to be accomplished to the end that the purpose of the framers may be effectuated." Commonwealth v. Galvin, 388 Mass. 326, 328 (1983) (emphasis added); see also Commonwealth v. Lightfoot, 391 Mass. 718, 720 (1984), citing Hoffman v. Howmedica, Inc., 373 Mass. 32, 37 (1977) (“Statutory language is …
discussed Cited as authority (rule) Adoption of Derrick
Mass. · 1993 · confidence medium
When the language is less clear, we must interpret the statute “according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Telesetsky v. Wight, 395 Mass. 868, 872 (1985), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983).
cited Cited as authority (rule) Victoria, Inc. v. Alcoholic Beverages Control Commission
Mass. App. Ct. · 1992 · confidence medium
In interpreting § 17A, we apply those rules of statutory construction discussed in Commonwealth v. Galvin, 388 Mass. 326, 328-329 (1983).
discussed Cited as authority (rule) First Eastern Bank, N.A. v. Jones
Mass. · 1992 · confidence medium
We interpret the statute “according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983), quoting Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975).
Commonwealth vs. Raoul P. Galvin, Jr.
Massachusetts Supreme Judicial Court.
Mar 4, 1983.
446 N.E.2d 391
Lee M. Berger for the defendant., Elin H. Gray don for the Commonwealth.
Abrams, Nolan, Lynch, O'Connor.
Cited by 87 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: D. Massachusetts (2)
Abrams, J.

After a bench trial in the first instance, see G.L. c. 218, § 26A, the defendant Galvin was acquitted of nonsupport of an illegitimate child. G.L. c. 273, § 15. In the course of the proceedings pursuant to § 15, [1] a District-Court judge determined that Galvin was the child’s father, but found him not guilty of wilful or negligent nonsupport.

[*327] The defendant appealed the adjudication of paternity to the jury-of-six session. G.L. c. 218, § 27A. G.L. c. 278, § 18. Prior to trial, he filed a motion to dismiss on the ground that he had been found not guilty of wilful or negligent nonsupport under G.L. c. 273, § 15. The trial judge reported questions to the Appeals Court concerning whether an adjudication of paternity under G.L. c. 273, § 15, survives the determination that the defendant is not guilty of wilful or negligent nonsupport. [2] See Mass. R. Crim. P. 34, 378 Mass. 905 (1979). We transferred the case to this court on our own motion. We conclude that the defendant’s motion to dismiss should be allowed.

The Commonwealth urges this court to hold that an adjudication of paternity made in the course of G.L. c. 273, § 15, proceedings survives an acquittal. The Commonwealth argues that we should construe § 15 as providing for a bifurcated trial and two separate judgments — a civil judgment of paternity and a criminal conviction of nonsupport. The Commonwealth does not point to any language in § 15 supporting this assertion, nor to any provision in that section for an appeal of an adjudication of paternity separate from an appeal from conviction of nonsupport. Nevertheless, the Commonwealth advocates that we read into § 15 the appeal procedure provided for defendants whose paternity is adjudicated in a civil proceeding pursuant to § 12 of the statute. [3] The Commonwealth also asserts that a defendant acquitted of nonsupport in a bench trial but found by a judge in the course of the proceedings to be the child’s father has available to him[*328] the appeal process available to other defendants convicted of misdemeanors. See G.L. c. 278, § 18; G.L. c. 218, § 26A; G.L. c. 218, § 27A. [4]

“[A] statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975), quoting Industrial Fin. Corp. v. State Tax Comm’n, 367 Mass. 360, 364 (1975). See James J. Welch & Co. v. Deputy Comm’r of Capital Planning & Operations, 387 Mass. 662, 666 (1982). “[W]e think the plain meaning of the statute is that an adjudication of paternity may be part of the same trial which results in a conviction of neglect or refusal to support the child” (emphasis supplied), Commonwealth v. Chase, 385 Mass. 461, 466 (1982), but that the adjudication does not survive an acquittal of nonsupport. Had the Commonwealth wanted a separate adjudication of paternity, it should have commenced a proceeding under § 12.

“When the meaning of any particular section or clause of a statute is questioned, it is proper, no doubt, to look into the other parts of the statute: otherwise the different sections of the same statute might be so construed as to be repugnant, and the intention of the legislature might be defeated. And if upon examination the general meaning and object of the statute should be found inconsistent with the literal import of any particular clause or section, such clause or section must, if possible, be construed according to the spirit of the act.” Holbrook v. Holbrook, 1 Pick. 248, 250 (1823). See Registrar of Motor Vehicles v. Board of Ap [*329] peal on Motor Vehicle Liab. Policies & Bonds, 382 Mass. 580, 584 (1981). See also 2A C. Sands, Sutherland Statutory Construction § 46.05 (4th ed. 1973). We look therefore to the entire statutory scheme to determine whether § 15 permits an adjudication of paternity to survive an acquittal.

The Commonwealth’s assertion that § 15 authorizes two separate judgments misconceives both the function of a § 15 proceeding, and the “statutory plan set forth by G.L. c. 273, § § 12-18, for obtaining support for the children of unwed parents.” Commonwealth v. Chase, 385 Mass. 461, 462-463 (1982). Paternity statutes were enacted in an effort to provide support for children from defaulting fathers. Commonwealth v. MacKenzie, 368 Mass. 613, 617 (1975). Sections 12 through 14 of G.L. c. 273 “contemplate an orderly progression of events, the end result of which is an order for the support of the child.” Commonwealth v. Lobo, 385 Mass. 436, 443 n.13 (1982).

General Laws c. 273, § 12, provides for an adjudication of paternity and for an appeal from such a determination. Section 12A authorizes a judge, on the motion of the alleged father, to order blood grouping tests in any proceeding to determine paternity. Section 13 authorizes a judge, once paternity is determined, to continue the case until the child is born and allows for payment for the mother’s expenses of pregnancy and confinement, and for punishment by contempt of court, with up to two months’ imprisonment, for failure to comply with such payment orders. Section 14 authorizes a judge to make orders for the care and custody of the child.

Pursuant to § 15, a parent may convicted of neglecting or refusing to provide support. Because § 15 applies to either parent, it necessarily does not provide for a civil judgment of paternity. Section 16, which establishes the penalties for failure to comply with a support order, provides that the father shall be subject to penalties [5] and orders for payment[*330] “[a]fter the adjudication and the birth of the child, in proceedings under section twelve, or after conviction, in proceedings under [section 15]” (emphasis supplied). G. L. c. 273, § 16, as appearing in St. 1977, c. 848, § 6. As we read the entire statutory scheme, § 15 is designed to provide criminal penalties for a parent who neglects or wilfully refuses to support.

We are supported in our conclusion by the language of § 15, which does not provide any appeal procedure except that generally available on conviction of a misdemeanor. G. L. c. 218, § 27A. To reach the result urged by the Commonwealth, we have to read into § 15 the appeal procedure of § 12 [6] and the language of that section which makes an adjudication of paternity “final and conclusive.” G. L. c. 273, § 12. “Such a reading is contrary to the basic structure of the statute and violates the rule that where the Legislature has employed specific language in one paragraph, but not in another, the language should not be implied where it is not present.” Beeler v. Downey, 387 Mass. 609, 616 (1982). “[W]hen the statute appears not to provide for an eventuality, there is no justification for judicial legislation.” Commonwealth v. Vickey, 381 Mass. 762, 767 (1980).

Since § 15 provides for only one finding, and in this case that finding is not guilty,* ****6 [7] we remand the case to the jury-of-six session of the District Court, where the defendant’s motion to dismiss should be allowed.

So ordered.

1

General Laws c. 273, § 15, as amended by St. 1979, c. 621, § 2, provides in pertinent part: “Any parent of an illegitimate child . . . who neglects or refuses to contribute reasonably to its support and maintenance, shall be guilty of a misdemeanor. If there has been any final adjudication of the paternity of the child, such adjudication shall be conclusive on all persons in proceedings under this section; otherwise, the question of paternity shall be determined in proceedings hereunder.”

2

We have reframed the issues in an effort to answer the basic questions raised by the report.

3

General Laws c. 273, § 12, as appearing in St. 1981, c. 325, governing the adjudication of paternity provides in pertinent part: “[Wjhen such adjudication is made by a district court, if made after a plea of not guilty, the alleged father may appeal therefrom to a jury of six session of the district court department.”

4

Paternity, however, is not a criminal offense. See Commonwealth v. MacKenzie, 368 Mass. 613, 615-617 (1975). To the extent that the Commonwealth argues that we should consider the defendant as convicted of the lesser included offense of paternity, we reject that argument.

5

While “[i]t is true that the almost universal practice . . . upon a conviction for nonsupport [is that] the offending parent is placed on condi[*330] tional probation which is linked to compliance with a support order . . . , [t]he fact remains, however, that the failure to support a child continues to be ‘expressed in a criminal context’ and is punishable as a misdemeanor.” Commonwealth v. Chase, 385 Mass. 461, 463 (1982), quoting Commonwealth v. MacKenzie, 368 Mass. 613, 614 (1975).

6

In 1981, the Legislature amended the appeal provision in G. L. c. 273, § 12, which governs paternity adjudications. St. 1981, c. 92. The Legislature also could have amended § 15 to provide for a similar appeal from an adjudication of paternity in the course of a nonsupport proceeding but did not. See Hadley v. Amherst, 372 Mass. 46, 51 (1977).

7

Acquittal on a § 15 complaint does not bar future adjudication of paternity under § 12. Acquittal on a § 15 complaint does not bar future prosecution for a subsequent period of nonsupport under § 15. See Commonwealth v. Dias, 385 Mass. 455, 458 (1982).