2010 Pennsylvania Code
Title 1 - GENERAL PROVISIONS
Chapter 19 - Rules of Construction
1991 - Definitions.

                               SUBCHAPTER F
                     DEFINITIONS OF WORDS AND PHRASES

     Sec.
     1991.  Definitions.
     § 1991.  Definitions.
        The following words and phrases, when used in any statute
     finally enacted on or after September 1, 1937, unless the
     context clearly indicates otherwise, shall have the meanings
     given to them in this section:
        "Action."  Any suit or proceeding in any court of this
     Commonwealth.
        "Administrator."  A fiduciary appointed under authority of
     law by a register of wills or court to administer the estate of
     a decedent.
        "Adult."  An individual 21 years of age or over.
        "Aeronautics."  The art and science of transportation by
     aircraft including the facilities connected therewith.
        "Affidavit."  A statement in writing of a fact or facts
     signed by the party making it, sworn to or affirmed before an
     officer authorized by the laws of this Commonwealth to take
     acknowledgments of deeds, or authorized to administer oaths, or
     before the particular officer or individual designated by law as
     the one before whom it is to or may be taken, and officially
     certified to in the case of an officer under his seal of office.
        "Aircraft."  Any contrivance used or designated for
     navigation of, or flight in, or to ascent into, the air, except
     a parachute or other contrivance designed and used primarily as
     safety equipment.
        "Airman."  Any member of a crew of an aircraft.
        "Airport."  Any place, either water or land, which is
     designed and used for the taking off and landing of aircraft
     including the facilities connected therewith.
        "Almshouse."  The county home, poorhouse, home for the
     destitute, or any other building or place, by whatever title
     designated where poor persons are maintained at the public
     expense.
        "Apiary."  Any place where one or more colonies or nuclei of
     bees are kept.
        "As now provided by law."  A reference to the laws in force
     at the time when the statute containing the phrase was finally
     enacted.
        "As provided by law."  A reference to the laws in force at
     the particular time when the statute containing the phrase is
     applied.
        "Association."
            (1)  When used in any statute finally enacted before
        December 7, 1994, any form of unincorporated enterprise owned
        by two or more persons other than a partnership or limited
        partnership.
            (2)  When used in any statute finally enacted on or after
        December 7, 1994, an association as defined in 15 Pa.C.S. §
        102 (relating to definitions).
        "Attorney at law."  An individual admitted to practice law by
     a court of record of this Commonwealth.
        "Attorney of record."  An attorney at law who is entered on
     the docket or record of a court as appearing for or representing
     a party in a legal proceeding.
        "Bequeath."  Includes devise.
        "Bequest."  Includes devise and legacy.
        "Bond."
            (1)  An unconditional written undertaking under seal for
        the payment of money, or
            (2)  a conditional written acknowledgment of being bound
        for the payment of money, to become void or effective on the
        performance of any act or the occurrence of any event therein
        expressed.
        "Bridge."  Includes the actual bridge and the approaches
     thereto, and the substructures and superstructures of both.
        "Bulletin."  When used in any statute finally enacted on or
     after July 31, 1968, the Pennsylvania Bulletin established by
     the Commonwealth Documents Law.
        "Certified public accountant."  An individual licensed under
     the laws of this Commonwealth to practice as a certified public
     accountant.
        "Child" or "children."  Includes children by birth or
     adoption.
        "Commission merchant."  One who receives consignments of
     personal property to be sold for a commission or other
     compensation.
        "Commonwealth."  The Commonwealth of Pennsylvania.
        "Convict."  An individual who has been finally convicted of
     an indictable offense and is serving sentence in a penal
     institution.
        "Creditor."  One to whom the performance of an obligation is
     owed.
        "Crime."  Any indictable offense.
        "Crosswalk."  That portion of a highway at an intersection,
     or any portion of a highway, clearly indicated for pedestrian
     crossing by lines or other markings on the surface.
        "Day."  The time from midnight to the next midnight.
        "Debtor."  One who owes to another the performance of an
     obligation.
        "Decedent."  Either a testator or person dying intestate.
        "Dental hygienist."  An individual licensed under the laws of
     this Commonwealth to practice as a dental hygienist.
        "Dentist."  An individual licensed under the laws of this
     Commonwealth to practice dentistry.
        "Devise."  Includes bequeath when used as a verb and bequest
     and legacy when used as a noun.
        "Devisee."  Includes legatee.
        "Doctor of medicine."  An individual licensed under the laws
     of this Commonwealth to engage in the practice of medicine and
     surgery in all its branches.
        "Domestic animal."  Any equine animal, bovine animal, sheep,
     goat and pig.
        "Effects."  Includes all personal property and any interest
     therein.
        "Executor."  A fiduciary named in a will to execute its
     provisions and administer the estate of the testator.
        "Factor."  One who receives consignments of personal property
     to be sold for a commission or other compensation.
        "Farm product."  Any agricultural, horticultural, vegetable,
     fruit, and floricultural product of the soil, livestock and
     meats, wool, hides, poultry, eggs, dairy products, nuts,
     mushrooms and honey.
        "Fiduciary."  An executor, administrator, guardian,
     committee, receiver, trustee, assignee for the benefit of
     creditors, and any other person acting in any similar capacity.
        "Final enactment" or "enacted finally."  The time when the
     procedure required by the Constitution of Pennsylvania for the
     enactment of a bill has been complied with.
        "Fiscal year."  The year by or for which accounts are
     reckoned.
        "Funeral director."  An individual licensed under the laws of
     this Commonwealth as a funeral director.
        "General election."  The election held biennially on the
     Tuesday next following the first Monday of November in each
     even-numbered year.
        "Grantee."  One to whom any estate or interest in real
     property other than a leasehold passes by conveyance.
        "Grantor."  One from or by whom any estate or interest in
     real property other than a leasehold passes by conveyance.
        "Guardian."  A fiduciary who legally has the care and
     management of the person, or the estate, or both, of another
     under legal disability.
        "Guardian ad litem."  A fiduciary who is appointed to
     represent in legal proceedings another under legal disability.
        "Healing art."  The science of diagnosis and treatment in any
     manner whatsoever of disease or any ailment of the human body.
        "Hereafter."  A reference to the time after the time when the
     statute containing such word takes effect.
        "Heretofore."  A reference to the time previous to the time
     when the statute containing such word takes effect.
        "Highway."  A way or place of whatever nature open to the use
     of the public as a matter of right for purposes of vehicular
     traffic.
        "Individual."  A natural person.
        "Insane person."  An individual of unsound mind.
        "Intersection."  The area embraced within the prolongation of
     the lateral boundary lines of two or more highways which join
     one another at an angle whether or not one such highway crosses
     the other.
        "Issue."  As applied to the descent of estates, means all
     lawful, lineal descendants of a common ancestor.
        "Judicial sale."  A sale conducted by an officer or person
     authorized for the purpose by some competent tribunal.
        "Legacy."  Includes devise and bequest.
        "Legatee."  Includes devisee.
        "Legislature."  The General Assembly of the Commonwealth of
     Pennsylvania.
        "Licensed practical nurse."  An individual licensed under the
     laws of this Commonwealth to practice practical nursing.
        "Local authority."  When used in any statute finally enacted
     on or after January 1, 1975, a municipal authority or any other
     body corporate and politic created by one or more political
     subdivisions pursuant to statute.
        "Lunatic."  An individual of unsound mind.
        "Majority."  When used in reference to age, means of the age
     of 21 years or over.
        "Medicine and surgery."  The art and science having for their
     object the cure of diseases of and the preservation of the
     health of man, including all practice of the healing art with or
     without drugs, except healing by spiritual means or prayer.
        "Midwife."  An individual licensed under the laws of this
     Commonwealth to practice midwifery.
        "Minor."  An individual under the age of 21 years.
        "Money."  Lawful money of the United States.
        "Month."  A calendar month.
        "Motor boat."  Any boat propelled by any type of internal
     combustion motor.
        "Motorcycle."  Any vehicle of the bicycle or tricycle type
     operated by any type of internal combustion motor.
        "Motor vehicle."  Any self-propelled device in, upon or by
     which any person or property is or may be transported or drawn
     upon a public highway, except tractors, power shovels, road
     machinery, agricultural machinery, and vehicles which move upon
     or are guided by a track or trolley.
        "Municipality authority" or "municipal authority."  A body
     corporate and politic created pursuant to the Municipality
     Authorities Act of 1935 or to the Municipality Authorities Act
     of 1945.
        "Municipal corporation."
            (1)  When used in any statute finally enacted on or
        before December 31, 1974, a city, borough or incorporated
        town.
            (2)  When used in any statute finally enacted on or after
        January 1, 1975, a city, borough, incorporated town or
        township.
        "Municipal election."  The election held on the Tuesday next
     following the first Monday in November in each odd-numbered
     year.
        "Municipality."
            (1)  When used in any statute finally enacted on or
        before December 31, 1974, a city, borough or incorporated
        town.
            (2)  When used in any statute finally enacted on or after
        January 1, 1975, a county, city, borough, incorporated town
        or township.
        "Nighttime."  The time from sunset to sunrise.
        "Non compos mentis."  Of unsound mind.
        "Notary."  A notary public.
        "Now."  In any provision of a statute referring to other laws
     in force, or to persons in office, or to any facts or
     circumstances as existing, relates to the laws in force, or to
     the persons in office, or to the facts or circumstances
     existing, respectively, on the effective date of such provision.
        "Oath."  Includes affirmation.
        "Optometrist."  An individual licensed under the laws of this
     Commonwealth to practice optometry.
        "Osteopath."  A physician licensed under the laws of this
     Commonwealth to practice osteopathy.
        "Osteopathic surgeon."  A physician licensed under the laws
     of this Commonwealth to practice osteopathy and osteopathic
     surgery.
        "Parking."  Suffering a vehicle to stand on any highway while
     not actually engaged in a traffic movement nor in taking up or
     setting down passengers or merchandise.
        "Pedestrian."  An individual afoot.
        "Person."  Includes a corporation, partnership, limited
     liability company, business trust, other association, government
     entity (other than the Commonwealth), estate, trust, foundation
     or natural person.
        "Personal representative."  The executor or administrator of
     a decedent.
        "Pharmacist."  An individual licensed under the laws of this
     Commonwealth to practice as a pharmacist.
        "Physician."
            (1)  When used in any statute finally enacted on or
        before April 6, 1951, an individual licensed under the laws
        of this Commonwealth to engage in the practice of medicine
        and surgery in any or all of its branches;
            (2)  when used in any statute finally enacted on or after
        April 7, 1951 and on or before June 14, 1957, an individual
        licensed under the laws of this Commonwealth to engage in the
        practice of medicine and surgery in any or in all of its
        branches within the scope of the act of June 3, 1911
        (P.L.639, No.246) relating to medicine and surgery and its
        amendments, or in the practice of osteopathy or osteopathic
        surgery within the scope of the act of March 19, 1909
        (P.L.46, No.29) and its amendments;
            (3)  when used in any statute finally enacted on or after
        June 15, 1957 and on or before July 19, 1974, an individual
        licensed under the laws of this Commonwealth to engage in the
        practice of medicine and surgery in all of its branches
        within the scope of the act of June 3, 1911 (P.L.639, No.246)
        relating to medicine and surgery and its amendments, or in
        the practice of osteopathy or osteopathic surgery within the
        scope of the act of March 19, 1909 (P.L.46, No.29) and its
        amendments;
            (4)  when used in any statute finally enacted on or after
        July 20, 1974 and on or before October 7, 1978, an individual
        licensed under the laws of this Commonwealth to engage in the
        practice of medicine and surgery in all its branches within
        the scope of the act of July 20, 1974 (P.L.551, No.190),
        known as the Medical Practice Act of 1974, and its
        amendments, or in the practice of osteopathy or osteopathic
        surgery within the scope of the prior provisions of the act
        of March 19, 1909 (P.L.46, No.29), referred to as the
        Osteopathic Practice Law, and its amendments; and
            (5)  when used in any statute finally enacted on or after
        October 5, 1978, an individual licensed under the laws of
        this Commonwealth to engage in the practice of medicine and
        surgery in all its branches within the scope of the act of
        July 20, 1974 (P.L.551, No.190), known as the Medical
        Practice Act of 1974, and its amendments, or in the practice
        of osteopathic medicine and surgery within the scope of the
        act of October 5, 1978 (P.L.1109, No.261), known as the
        Osteopathic Medical Practice Act, and its amendments. To the
        extent that any statute imposes duties upon or grants powers
        to the State Board of Medical Education and Licensure
        relating to an individual licensed under the laws of this
        Commonwealth to engage in the practice of osteopathic
        medicine and surgery, such statute shall be construed to
        impose such duties upon and grant such power to the State
        Board of Osteopathic Medical Examiners, which board shall
        exercise such duties or powers in accordance with the
        Osteopathic Medical Practice Act.
        "Political subdivision."  Any county, city, borough,
     incorporated town, township, school district, vocational school
     district and county institution district.
        "Poultry."  Includes all domestic fowl.
        "Primary election."  Any election at which the members of
     qualified political parties nominate their candidates for public
     office.
        "Professional engineer."  An individual licensed under the
     laws of this Commonwealth to practice as a professional
     engineer.
        "Property."  Includes both real and personal property.
        "Publish" or "published."  As applied to the publication of a
     newspaper of general circulation means the place where such
     newspaper is originally issued and circulated.
        "Real estate broker."  One licensed under the laws of this
     Commonwealth to act as a real estate broker.
        "Real estate salesman."  An individual licensed under the
     laws of this Commonwealth to act as a real estate salesman.
        "Registered architect."  An individual licensed under the
     laws of this Commonwealth to practice architecture.
        "Registered mail."  When used in any statute finally enacted
     before or after September 1, 1937, includes certified mail.
        "Registered nurse."  An individual licensed under the laws of
     this Commonwealth to practice professional nursing.
        "Safety zone."  The area or space officially set aside within
     a highway for the use of pedestrians.
        "Signature."  Includes mark when the individual cannot write,
     his name being written near it, and witnessed by another who
     writes his own name.
        "Special election."  Any election authorized by law, other
     than a general, municipal or primary election.
        "State."  When used in reference to the different parts of
     the United States, includes the District of Columbia and the
     several territories of the United States.
        "Statute."  An act of the General Assembly, whether under the
     authority of the Commonwealth or of the late Proprietaries of
     the Province of Pennsylvania.
        "Surveyor."  An individual licensed under the laws of this
     Commonwealth to practice land surveying.
        "Sworn."  Includes affirmed.
        "Trustee."  One in whom some estate, interest or power in or
     affecting property of any description is vested for the benefit
     of another.
        "Undertaker."  An individual licensed under the laws of this
     Commonwealth to practice as an undertaker, undertaker and
     embalmer, embalmer, funeral director or mortician.
        "Vehicle."  A conveyance in or on which persons or property
     may be carried.
        "Verified."  When used in reference to writings, means
     supported by oath or affirmation.
        "Veterinarian."  An individual licensed under the laws of
     this Commonwealth to practice veterinary medicine and surgery.
        "Will."  Includes codicil.
        "Written."  Every legible representation of letters or
     numerals upon a material substance, except when used in
     reference to the signature of an instrument.
        "Year."  A calendar year.
     (Dec. 10, 1974, P.L.816, No.271, eff. imd.; July 9, 1976,
     P.L.877, No.160, eff. 60 days; Dec. 18, 1984, P.L.1057, No.207,
     eff. imd.; Dec. 18, 1992, P.L.1333, No.169, eff. 60 days; Dec.
     7, 1994, P.L.703, No.106, eff. 60 days)

        1994 Amendment.  Act 106 amended the defs. of "association"
     and "person."
        1992 Amendment.  Act 169 amended the intro. par. and the def.
     of "person."
        1984 Amendment.  Act 207 amended the def. of "physician,"
     retroactive to June 11, 1982.
        1976 Amendment.  Act 160 added the def. of "registered mail."
        1974 Amendment.  Act 271 added the def. of "local authority"
     and amended the defs. of "municipal corporation" and
     "municipality."
        References in Text.  The act of July 20, 1974 (P.L.551,
     No.190), known as the Medical Practice Act of 1974, referred to
     in the definition of "physician," was repealed by the act of
     December 20, 1985 (P.L.457, No.112), known as the Medical
     Practice Act of 1985.
        Cross References.  Section 1991 is referred to in section
     6109 of Title 18 (Crimes and Offenses); section 102 of Title 34
     (Game); section 8401 of Title 53 (Municipalities Generally).