2021 Georgia Code
Title 1 - General Provisions
Chapter 3 - Laws and Statutes
§ 1-3-1. Construction of Statutes Generally

1. 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.
2. 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.
3. 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.
4. 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:
      1. The effective date of the census shall be January 1 of the second year after the year in which the census is conducted, for the purpose of making operative and of force the following laws:
         1. Code Section 15-16-20;
         2. Code Sections 15-6-88 through 15-6-91;
         3. Code Section 48-5-183;
         4. Code Sections 15-9-63 through 15-9-66;
         5. Code Section 36-5-25;
         6. Code Section 15-10-23; and
         7. 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 or her 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;

      2. 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;
      3. 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;
      4. 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.

(Orig. Code 1863, § 5; Code 1868, § 4; Code 1873, § 4; Code 1882, § 4; Civil Code 1895, § 4; Penal Code 1895, § 1; Civil Code 1910, § 4; Penal Code 1910, § 1; Code 1933, § 102-102; Ga. L. 1958, p. 388, § 1; Ga. L. 1963, p. 608, § 1; Ga. L. 1967, p. 579, § 1; Ga. L. 1981, p. 951, § 1; Ga. L. 1985, p. 648, § 1; Ga. L. 1990, p. 1903, § 1; Ga. L. 2001, p. 902, § 22; Ga. L. 2012, p. 173, § 2-1/HB 665; Ga. L. 2018, p. 356, § 2-1/SB 436; Ga. L. 2019, p. 1015, § 11/SB 171.)

The 2018 amendment, effective July 1, 2018, substituted "15-9-66" for "15-9-67" in division (d)(2)(A)(iv).

The 2019 amendment, effective January 1, 2021, in subparagraph (d)(2)(A), substituted "January 1 of the second year" for "July 1 of the first year" in the introductory language, and inserted "or her" in the ending undesignated paragraph.

- Computation of time in regard to exercise of privileges or discharge of duties prescribed or required by election laws, § 21-2-14.

Construction of multiple amendments to same Code provision, § 28-9-5.

- For article comparing sections of the "Georgia Civil Practice Act" with preexisting provisions of the Georgia Code, see 3 Ga. St. B. J. 295 (1967). For article on the problems and benefits of multiple fiduciaries in estate planning, see 33 Mercer L. Rev. 355 (1981). For article surveying Insurance Law in 1984-1985, see 37 Mercer L. Rev. 275 (1985). For article surveying administrative law, see 38 Mercer L. Rev. 17 (1986). For article, "The Amended Open Meetings Law: New Requirements for Publicly Funded Corporations As Well As Governmental Agencies," see 25 Ga. St. B. J. 78 (1988). For article, "The Canons of Construction in Georgia: Anachronisms in Action," see 25 Ga. L. Rev. 365 (1991). For note, "Regulation and Ownership of the Marshlands: The Georgia Marshlands Act," see 5 Ga. L. Rev. 563 (1971). For article on commercial law, see 53 Mercer L. Rev. 153 (2001). For article on construction law, see 53 Mercer L. Rev. 173 (2001). For article on trial practice and procedure, see 53 Mercer L. Rev. 475 (2001). For survey article on administrative law, see 60 Mercer L. Rev. 1 (2008). For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010). For annual survey on trial practice and procedure, see 64 Mercer L. Rev. 305 (2012). For article, "Researching Georgia Law," see 34 Ga. St. U. L. Rev. 741 (2015). For comment on Tarrant v. Davis, 62 Ga. App. 880, 10 S.E.2d 636 (1940), see 3 Ga. B. J. 54 (1941). For comment on Tift v. Bush, 209 Ga. 769, 75 S.E.2d 805 (1953), see 16 Ga. B. J. 224 (1953). For comment on Wilkinson v. Townsend, 96 Ga. App. 179, 99 S.E.2d 539 (1957) wherein the statutory authorization for the police to remove an abandoned automobile to a garage was held not to create an agency relationship between the police and auto owner giving rise to a lien against the auto owner by the garageman, see 9 Mercer L. Rev. 372 (1958).

ANALYSIS

• General Consideration
• Applicability
• General Rules of Construction
• Legislative Intent
• Words' Signification
• Substantial Statutory Compliance
• Bonds
• Census
• Computation of Time
• Gender
• Joint Authority
• Number
• Illustrative Cases

OPINIONS OF THE ATTORNEY GENERAL

Construction to conform to legislative intent.

- In the interpretation of statutes, it is a cardinal rule that statutes must be construed to conform with the intent of the General Assembly. 1990 Op. Att'y Gen. No. 90-9.

- When construing a statute, words should be given their ordinary and everyday meaning. 1990 Op. Att'y Gen. No. 90-6.

Money authorized for compensation of clerical assistants cannot be used for any other purpose. 1962 Op. Att'y Gen. p. 566.

- Where an amendatory Act to the Code purports to deal with one subject matter, but specifies a section number which does not deal with this subject matter and, in fact, does not exist, the legal effect of the Act is to amend the section of the same subject matter. 1954-56 Op. Att'y Gen. p. 372.

Where intention of General Assembly to repeal prior Act is manifest, that intent will be recognized. 1972 Op. Att'y Gen. No. 72-57.

The 1981 amendment, as to the effective date of a census, does not operate retrospectively to January 1, 1981, but does, as of April 9, 1981, repeal Ga. L. 1963, p. 608. 1981 Op. Att'y Gen. No. U81-54.

Phrase "goods, wares or merchandise" should be construed in its ordinary sense; this means such chattels as are ordinarily the subject of traffic and trade. 1972 Op. Att'y Gen. No. 72-96.

Ordinary significance of the phrase "state institution" is a public, state-operated institution. 1973 Op. Att'y Gen. No. 73-72.

- Where a calendar date rather than a number of days determines the deadline for taking action, the fact that the last day is on Saturday or Sunday is immaterial. 1962 Op. Att'y Gen. p. 565.

- Former Code 1933, §§ 25-213, 25-214, 25-216, 25-301, 25-313, 25-315, and 25-317 (see now O.C.G.A. § 7-3-11) should be interpreted so that the prohibitive period, either two months or six months, begins running the day following the date contained in the loan and expires midnight six months later on the same numerical calendar date, and further that the Saturday or Sunday carry-over period would not apply and could be counted toward the fulfillment of the restricted period. 1963-65 Op. Att'y Gen. p. 255.

Official action requires majority of officers to whom authority is given, rather than a majority of those then holding the office. 1980 Op. Att'y Gen. No. 80-31.

Official action requires majority of total number of positions on a board, rather than a majority of those present at a meeting. 1980 Op. Att'y Gen. No. 80-31.

Majority of members of Georgia Firemen's Pension Fund board must agree on any action to be taken before that action is binding. 1972 Op. Att'y Gen. No. 72-103.

- A board of tax assessors consisting of three members and sitting in accordance with former Code 1933, § 92-6911 (see now O.C.G.A. § 48-5-297) can legally act in the absence of one of its members; the absence of a member could be for "any reason." 1971 Op. Att'y Gen. No. U71-55.

Notice of called meeting of board of commissioners must be provided, where practical, to all board members, and failure to provide notice invalidates actions taken at a called meeting unless all members attend. 1976 Op. Att'y Gen. No. U76-57.

- Interest earned on educational purpose sales taxes and on special county one percent sales and use taxes becomes part of the tax proceeds in the account fund, which fund is required to be used exclusively for the purposes specified in the resolution or ordinance calling for the imposition of the tax. 2001 Op. Att'y Gen. No. 2001-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bonds, §§ 6, 11 et seq. 14 Am. Jur. 2d, Census, §§ 1, 4. 73 Am. Jur. 2d, Statutes, § 1 et seq.

- 11 C.J.S., Bonds, §§ 9, 11, 14. 14 C.J.S., Census, § 2. 82 C.J.S., Statutes, § 364 et seq.

- Scope and effect of exception of "special protection and privilege," in an Act giving women the same rights as men, 26 A.L.R. 356.

Time for performance of an act under a lease when date fixed falls on Sunday or holiday, 29 A.L.R. 239.

Power of municipal corporation to legislate as to Sunday observance, 37 A.L.R. 575.

Title of statutes as an element bearing upon their construction, 37 A.L.R. 927.

Application of rule of ejusdem generis to statutes of limitation, 39 A.L.R. 1404.

What constitutes offense of obstructing or resisting officer, 48 A.L.R. 746.

Validity of ordinance as affected by motives of persons who procured its adoption, 53 A.L.R. 942.

Previous statute as affected by attempted but unconstitutional amendment, 66 A.L.R. 1483.

Constitutionality, construction, and effect of statutes in relation to conduct of driver of automobile after happening of accident, 101 A.L.R. 911.

Permissive or mandatory character of legislation in relation to payment of public debts, 103 A.L.R. 812.

Constitutionality, construction, and application of statute as to effect of taking appeal, or staying execution, on right to redeem from execution or judicial sale, 107 A.L.R. 879.

Constitutionality of statute which by express terms or construction declares that attorneys' liens shall not be affected by settlement or compromise between the parties, 122 A.L.R. 974.

Supplying omitted words in statute or ordinance, 126 A.L.R. 1325.

Character as felony or misdemeanor of offense for which a fine is provided as afected by provision for imprisonment until fine is satisfied, 127 A.L.R. 1286.

Date or event contemplated by term "passage," "enactment," "effective date," etc., employed by statute in fixing time of facts or conditions within its operation, 132 A.L.R. 1048.

Standard or system of time, 143 A.L.R. 1238.

Presumption that, in re-enacting statute, legislature adopted previous judicial construction thereof, as applied to construction by trial or intermediate appellate court, 146 A.L.R. 923.

"And/or," 154 A.L.R. 866.

What amounts to seizure and holding of employer's plant, equipment, machinery, or other property within statutory exception to inhibition on injunctions in labor disputes, 163 A.L.R. 668.

Inclusion or exclusion of the day of birth in computing one's age, 5 A.L.R.2d 1143.

Construction and effect of statutes limiting duration of agricultural leases, 17 A.L.R.2d 566.

Construction and effect in civil actions of statute, ordinance, or regulation requiring vehicles to be stopped or parked parallel with, and within certain distance of, curb, 17 A.L.R.2d 582.

Effective date of census, 43 A.L.R.2d 1353.

Meaning of "residence district," "business district," "school area," and the like, in statutes and ordinances regulating speed of motor vehicles, 50 A.L.R.2d 343.

Time for payment of insurance premium where last day falls on Sunday or holiday, 53 A.L.R.2d 877.

What constitutes a "scaffold" within scaffold safety requirement statutes, 87 A.L.R.2d 977.

Construction of zoning regulations prescribing minimum area for house lots or requiring an area proportionate to number of families to be housed, 95 A.L.R.2d 761.

Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331.

Construction and application of statutes prohibiting or limiting loans to bank's officers or directors, 49 A.L.R.3d 727.

Abstention from voting of member of municipal council present at session as affecting requisite voting majority, 63 A.L.R.3d 1072.

Validity of zoning laws setting minimum lot size requirements, 1 A.L.R.5th 622.

Construction and application of zoning laws setting minimum lot size requirements, 2 A.L.R.5th 553.