2021 Georgia Code
Title 1 - General Provisions
Chapter 3 - Laws and Statutes
§ 1-3-3. Definitions

As used in this Code or in any other law of this state, the term:

1. "Abode" ordinarily means domicile.
2. "Accident" means an event which takes place without one's foresight or expectation or design.
3. "Act of God" means an accident produced by physical causes which are irresistible or inevitable, such as lightning, storms, perils of the sea, earthquakes, inundations, sudden death, or illness. This expression excludes all idea of human agency.
4. "Aforesaid" means next before.

   (4.1) "Agriculture," "agricultural operations," or "agricultural or farm products" means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. If the term "agriculture," "agricultural operations," or "agricultural or farm products" is defined in Title 2, Title 4, Title 10, or Title 11 or in any chapter, article, part, subpart, or Code section of such titles, such specific definition shall control for such purposes over the definition contained in this paragraph. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state.

5. "As soon as possible" means within a reasonable time, having due regard to all the circumstances.
6. "Child" or "grandchild" means legitimate descendants.
7. "County governing authority" means the board of county commissioners, the sole county commissioner, or the governing authority of a consolidated government.

   (7.1) "Crops" or "growing crops" means fruits and products of all annual or perennial plants, trees, and shrubs and shall also include plants, trees, shrubs, and other agricultural products that are produced for sale. If the term "crops" or "growing crops" is defined in Title 2, Title 4, or Title 10 or in any chapter, article, part, subpart, or Code section of such titles, such specific definition shall control for such purposes over the definition contained in this paragraph.

8. "Following" means next after.
9. "Lunatic," "insane," or "non compos mentis" each includes all persons of unsound mind.
10. "May" ordinarily denotes permission and not command. However, where the word as used concerns the public interest or affects the rights of third persons, it shall be construed to mean "must" or "shall."
11. "Month" means a calendar month. A scholastic month in public schools is 20 school days.
12. "Oath" includes affirmation.
13. "Penitentiary" means any place where inmates are confined under the authority of any law of this state.
14. "Person" includes a corporation.
15. "Preceding" means next before.
16. "Property" includes real and personal property.

    (16.1) "Ratites" mean any members of the ratite family, including but not limited to ostriches, emus, and rheas, which are not indigenous to this state and which are raised for the purpose of producing meat, fiber, or animal by-products or as breeding stock. For the purposes of the laws of this state, ratites shall be treated as poultry and the term poultry as used in this Code or any law of this state shall include ratites unless such ratites are specifically excluded from the operation of any such law or unless such law or the operation thereof is restricted to a certain type of poultry.

17. "Seal" includes impressions on the paper itself, as well as impressions on wax or wafers. With the exception of official seals, a scrawl or any other mark intended as a seal shall be held as such.
18. "Sickness" means any affection of the body which deprives it temporarily of the power to fulfill its usual functions.
19. "Signature" or "subscription" includes the mark of an illiterate or infirm person.

    (19.5) "Statutory overnight delivery" shall have the meaning provided for in subsection (b) of Code Section 9-10-12.

20. "Trespass" means any misfeasance, transgression, or offense which damages another's health, reputation, or property.
21. "Until," when used with reference to a certain day, includes all of such day.
22. "Whereas" means considering that.
23. "Writing" includes printing and all numerals.
24. "Year" means a calendar year.

(Laws 1838, Cobb's 1851 Digest, pp. 274, 536; Laws 1833, Cobb's 1851 Digest, p. 780; Code 1863, § 6; Code 1868, § 5; Code 1873, § 5; Code 1882, § 5; Civil Code 1895, § 5; Penal Code 1895, § 2; Ga. L. 1896, p. 82, § 1; Civil Code 1910, § 5; Penal Code 1910, § 2; Code 1933, § 102-103; Ga. L. 1957, p. 477, § 6; Ga. L. 1987, p. 1482, § 1; Ga. L. 1991, p. 1849, § 1; Ga. L. 1992, p. 2398, § 1; Ga. L. 1995, p. 347, §§ 1, 2; Ga. L. 2000, p. 1589, § 1; Ga. L. 2001, p. 362, § 23; Ga. L. 2008, p. 458, § 1/SB 364.)

- Construction of terms "city," "town," "municipality," and "village" as synonymous, § 36-30-1.

- For article, "The Georgia Law of Insanity," see 3 Ga. B. J. 28 (1941). For survey article on insurance, see 34 Mercer L. Rev. 177 (1982). For article, "Publicity, Liberty and Intellectual Property: A Conceptual and Economic Analysis of the Inheritability Issue," see 34 Emory L.J. 1 (1985). For survey article on law of torts, see 59 Mercer L. Rev. 397 (2007). For note comparing procedures for hospitalization of the mentally ill in Georgia to other jurisdictions and suggesting improvements, see 7 Mercer L. Rev. 361 (1956). For note discussing concept of "act of God," see 4 Ga. L. Rev. 555 (1970).

ANALYSIS

• General Consideration
• "Abode"
• "Accident"
• "Act of God"
• "Lunatic," "Insane," or "Non Compos Mentis"
• "May"
• "Month"
• "Penitentiary"
• "Person"
• "Preceding"
• "Property"
• "Road"
• "Seal"
• "Sickness"
• "Signature"
• "Then"
• "Trespass"
• "Year"

Words "prison" and "penitentiary" are interchangeable and the variation, therefore, is legally insignificant. 1971 Op. Att'y Gen. No. 71-191.

Unauthorized anchoring of boats in a state park constitutes a "trespass" punishable as a misdemeanor. 1962 Op. Att'y Gen. p. 402.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Act of God, § 1 et seq. 12 Am. Jur. 2d, Bonds, §§ 4 et seq., 15. 18 Am. Jur. 2d, Corporations, § 64 et seq., 65. 25 Am. Jur. 2d, Domicil, §§ 1, 5. 42 Am. Jur. 2d, Infants, § 1 et seq. 53 Am Jur. 2d, Mentally Impaired Persons, § 1 et seq. 57A Am. Jur. 2d, Negligence, §§ 15, 32 et seq. 58 Am. Jur. 2d, Oath and Affirmation, § 1 et seq. 59 Am. Jur. 2d, Parent and Child, § 4. 63C Am. Jur. 2d, Property, § 1 et seq. 68 Am. Jur. 2d, Seals, § 1 et seq. 75 Am. Jur. 2d, Trespass, § 1 et seq.

- § 1 et seq. 1 C.J.S., Abode. § 1 et seq. 1 C.J.S., Accident. § 1 et seq. 1A C.J.S., Act of God. § 1 et seq. 11 C.J.S., Bonds, § 10 et seq. 18 C.J.S., Corporations, §§ 2, 3. 28 C.J.S., Domicile, § 3. § 1 et seq. 44 C.J.S., Insane Persons, §§ 1, 2. § 1 et seq. 57 C.J.S., May. 65 C.J.S., Negligence, § 1. 67 C.J.S., Oaths and Affirmations, §§ 1, 2. 72 C.J.S., Prisons, § 2. 73 C.J.S., Property, § 1 et seq. 78A C.J.S., Seals, § 2. § 1 et seq. 80 C.J.S., Signatures, § 5. 82 C.J.S., Statutes, §§ 395 et seq., 402 et seq., 436 et seq. 86 C.J.S., Time, §§ 2, 5, 6, 13, 15. 87 C.J.S., Trespass, § 1 et seq.

- Domicile while in itinere from old to new home, 5 A.L.R. 296; 16 A.L.R. 1298.

Signature with lead pencil, 8 A.L.R. 1339.

Is "until" a word of inclusion or exclusion, 16 A.L.R. 1094.

Right of one injured while stopping or loitering in street, 24 A.L.R. 766.

Effect of absence of seal from execution, 28 A.L.R. 936.

"Property" as including business or profession, 34 A.L.R. 716.

Stamped, printed, or typewritten signature as compliance with requirement that process or document be "under his hand," 37 A.L.R. 87.

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

Failure to stop, look, and listen at railroad crossing as negligence per se, 41 A.L.R. 405.

Insurance: death or injury resulting from insured's voluntary act as caused by accident or accidental means, 42 A.L.R. 243; 45 A.L.R. 1528; 71 A.L.R. 1437; 111 A.L.R. 628.

Trespass by acts above surface, 42 A.L.R. 945.

Formalities of administering or making oath, 51 A.L.R. 840.

Scope and import of term "owner" in statute relating to real property, 95 A.L.R. 1085.

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

Liability for damage or injury by skidding motor vehicle, 113 A.L.R. 1002.

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

Relationship between "residence" and "domicile" under venue statutes, 12 A.L.R.2d 757.

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.

Injury to or death of insured while assaulting another as due to accident or accidental means, 26 A.L.R.2d 399.

Computing interest on basis of 360 days in year, 30 days in month, or the like, as usury, 35 A.L.R.2d 842.

Rupture of blood vessel following exertion or exercise as within terms of accident provision of insurance policy, 35 A.L.R.2d 1105.

Repeated absorption of poisonous substance as "accident" within coverage clause of comprehensive general liability policy, 49 A.L.R.2d 1263.

Fingerprints as signature, 72 A.L.R.2d 1267.

What 12-month period constitutes "year" or "calendar year" as used in public enactment, contract, or other written instrument, 5 A.L.R.3d 584.

Liability insurance: "accident" or "accidental" as including loss resulting from ordinary negligence of insured or his agent, 7 A.L.R.3d 1262.

Discrimination on basis of illegitimacy as denial of constitutional rights, 38 A.L.R.3d 613.

Accident insurance: death or injury intentionally inflicted by another as due to accident or accidental means, 49 A.L.R.3d 673.

Validity and application of provisions governing determination of residency for purpose of fixing fee differential for out-of-state students in public college, 56 A.L.R.3d 641.

Insurance: term "children" as used in beneficiary clause of life insurance policy as including illegitimate child, 62 A.L.R.3d 1329.

Workers' compensation: coverage of employee's injury or death from exposure to the elements - modern cases, 20 A.L.R.5th 346.

Instructions on "unavoidable accident," "mere accident," or the like, in motor vehicle case - modern cases, 21 A.L.R.5th 82.