1-3-1
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1-3-1.
(a)
In all interpretations of statutes, the courts shall look diligently for the
intention of the General Assembly, keeping in view at all times the old law, the
evil, and the remedy. Grammatical errors shall not vitiate a law. A
transposition of words and clauses may be resorted to when a sentence or clause
is without meaning as it stands.
(b)
In all interpretations of statutes, the ordinary signification shall be applied
to all words, except words of art or words connected with a particular trade or
subject matter, which shall have the signification attached to them by experts
in such trade or with reference to such subject matter.
(c)
A substantial compliance with any statutory requirement, especially on the part
of public officers, shall be deemed and held sufficient, and no proceeding shall
be declared void for want of such compliance, unless expressly so provided by
law.
(d)
In addition to the rules for construction prescribed in subsections (a) through
(c) of this Code section, the rules provided in this subsection shall govern the
construction of all statutes with respect to the subjects enumerated.
(1)
BONDS.
When a bond is required by law, an undertaking in writing, without seal, is
sufficient; and in all bonds where the names of the obligors do not appear in
the bond but are subscribed thereto, they are bound thereby.
(2)
CENSUS.
Whenever there is used in the statutory law of this state the term 'federal
census,' 'United States census,' 'decennial census,' or similar words referring
to the official census conducted every ten years by the United States of America
or any agency thereof as required by Article I, Section II, Paragraph III of the
Constitution of the United States, the effective date of such census for the
purpose of making operative and of force any statutory law of this state shall
be determined as follows:
(A)
The effective date of the census shall be July 1 of the first year after the
year in which the census is conducted, for the purpose of making operative and
of force the following laws:
(i)
Code Section 15-16-20;
(ii)
Code Sections 15-6-88 through 15-6-92;
(iii)
Code Section 48-5-183;
(iv)
Code Sections 15-9-63 through 15-9-67;
(v)
Code Section 36-5-25;
(vi)
Code Section 15-10-23; and
(vii)
Code Section 45-16-11;
provided,
however, that if a county´s population decreases according to a more recent
census below its population according to an earlier census, then,
notwithstanding any other provision of law, any officer who is compensated under
a law specified in this subparagraph and who is in office on the date specified
in this subparagraph shall continue during his entire tenure in such office
(including any future terms of office in such office) to be compensated on the
basis of the county´s population according to such earlier census;
(B)
For purposes of any program of grants of state funds to local governments, the
effective date of the census shall be July 1 of the first year after the year in
which the census is conducted;
(C)
For the purpose of reconstituting the membership of any constitutional or
statutory board, commission, or body whose members are appointed from
congressional districts, the effective date of the census shall be January 1 of
the third year after the year in which the census is conducted;
(D)
The effective date of the census shall be July 1 of the second year after the
year in which the census is conducted for the purpose of making operative and of
force all other statutory laws which do not expressly provide otherwise.
(3)
COMPUTATION OF
TIME. Except as otherwise provided by
time period computations specifically applying to other laws, when a period of
time measured in days, weeks, months, years, or other measurements of time
except hours is prescribed for the exercise of any privilege or the discharge of
any duty, the first day shall not be counted but the last day shall be counted;
and, if the last day falls on Saturday or Sunday, the party having such
privilege or duty shall have through the following Monday to exercise the
privilege or to discharge the duty. When the last day prescribed for such action
falls on a public and legal holiday as set forth in Code Section 1-4-1, the
party having the privilege or duty shall have through the next business day to
exercise the privilege or to discharge the duty. When the period of time
prescribed is less than seven days, intermediate Saturdays, Sundays, and legal
holidays shall be excluded in the computation.
(4)
GENDER.
The masculine gender includes the feminine and the neuter.
(5)
JOINT
AUTHORITY. A joint authority given to any
number of persons or officers may be executed by a majority of them, unless it
is otherwise declared.
(6)
NUMBER.
The singular or plural number each includes the other, unless the other is
expressly excluded.
(7)
TENSE.
The present or past tense includes the future.