2022 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.

History. 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.

Cross references.

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 .

Law reviews.

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).

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 note, “Regulation and Ownership of the Marshlands: The Georgia Marshlands Act,” see 5 Ga. L. Rev. 563 (1971).

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 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).