CHAPTER 18

AN ACT to amend and reenact § 1-13 of the Code of 1950 relating
to rules of construction by reenacting it in 35 sections as fol-
lows: 1-13 through 1-13.34 so as to make certain verbal changes

and to add a rule of construction.
[ H 15 ]

Approved February 13, 1950

Be it enacted by the General Assembly of Virginia:
|. That § 1-13 be amended and reenacted in the form of 35 sec-
ions numbered 1-13 through 1-13.34 as follows:

§ 1-18. Rules of construction.—In the construction of this
“ode and of all statutes, the * rules shall be observed as set forth
the following sections, unless the construction would be incon-
tent with the manifest intention of the General Assembly.

§ 1-13.11. Authority to three or more—wWords purporting to
ve authority to three or more public officers or other persons,
all be construed as giving such authority to a majority of such
ficers or other persons, unless it is otherwise expressly declared
n the law giving the authority.

§ 1-13.2. City—The word “city” shall be construed to mean
un incorporated community, having within defined boundaries a
population of five thousand or more, or any incorporated com-
munity containing less than five thousand inhabitants which had
a city charter at the time of the adoption of the Constitution of
1902.

§ 1-13.3. Computation of time——When a statute requires a
notice to be given, or any other act to be done, a certain time be-
fore any motion or proceeding, there must be that time, exclusive
of the day for such motion or proceeding, but the day on which
such notice is given, or such act is done, may be counted as part
of the time; but when a statute requires a notice to be given or
any other act to be done within a certain time after any event
or judgment, that time shall be allowed in addition to the day
on which the event or judgment occurred.

§ 1-13.4. Corporation court.—The words “corporation court”
shall be construed to embrace hustings courts, and as to the city of
Richmond, they shall refer to the Hustings Court and Hustings
Court Part Two of the city of Richmond, unless otherwise stated.

§ 1-13.5. Council.—The word “council” unless a different mean-
ing clearly appears from the context, shall include any body or
bodies authorized to make ordinances for the government of a city
or town. |

§ 1-13.6. Following.—The word “following”, when used by
way of reference to any section or sections of any statute, shall
be construed to mean next following that in which such reference
is made.

§ 1-13.7. Gender.—A word importing the masculine gender
only may extend and be applied to females and to corporations as
well as males.

§ 1-13.8. Governor.—The words “the Governor” shall be equi-
valent to “the executive power of the Commonwealth” or to “the
person having the executive power”.

§ 1-13.9. Headlines of sections.—The headlines of the several
sections of this Code printed in black-face type are intended as
mere catch-words to indicate the contents of the sections and
shall not be deemed or taken to be titles of such sections, nor as
any part thereof, nor, unless expressly so provided, shall they be
so deemed when any of such sections, including the headlines, are
amended or reenacted.
§ 1-13.10. Horse—The word “horse” shall be construed to em-
brace a mare and a gelding.

§ 1-13.11. Insane person.—The words “insane person” shall
be construed to include every one who is an idiot, lunatic, non
compos mentis or deranged.

§ 1-13.12. Land, real estate——The word “land” or “lands” and
the words “real estate” shall be be construed to include lands,
tenements and hereditaments, and all rights and appurtenances
thereto and interests therein, other than a chattel interest.

§ 1-13.13. Month.—Unless otherwise expressed, the word
“month” shall be construed to mean a calendar month.

§ 1-13.14. Notary or notaries.—The word “notary” or “nota-
ries” shall be construed as if followed by the word “public’’.

§ 1-13.15. Number.—A word importing the singular number
only may extend and be applied to several persons or things, as
well as to one person or thing; and a word importing the plural
number only may extend and be applied to one person or thing,
as well as to several persons or things.

§ 1-13.16. Oath.—The word “oath” shall be construed to in-
clude an affirmation in all cases in which by law an affirmation
may be substituted for an oath.

§ 1-13.17. Ordinances, etc., not to be inconsistent with Con-
stitution and laws.—When the council or authorities of any city
or town, or any corporation, board, or number of persons, are au-
thorized to make ordinances, by-laws, rules, regulations or orders.
it shall be understood that the same must not be inconsistent with
the Constitution and laws of the United States or of this State.

_§ 1-13.18. Per cent.—The words “per cent.” shall be equiva-
lent to the words “per centum”’.

§ 1-13.19. Person.—The word “person” may extend and be
applied to bodies politic and corporate as well as individuals.

§ 1-13.20. Personal estate-—The words “personal estate” shall
include chattels real and such other estate as, upon the death of
the owner intestate, would devolve upon his personal represen-
tative.

§ 1-13.21. Personal representative-——The words “personal
representative” shall be construed to include the executor of a will
or the administrator of the estate of a decedent, the administrator
of such estate with the will annexed. the administrator of such
estate unadministered by a former representative, whether there
be a will or not, a sheriff, sergeant or other officer who is under
the order of a court of probate to take into his possession the
estate of a decedent and administer the same, and every other
curator or committee of a decedent’s estate, for or against whom
suits mav be brought for causes of action which accrued to or
against the decedent.
§ 1-13.22. Population.—The word “population” used in any
act of the General Assembly with reference to any county, city or
town, unless the context clearly indicates some other meaning,
shall be construed to mean the population of such county, city or
town as shown by the United States census latest preceding the
time at which any provision dependent upon population is being
applied, or the time as of which it is being construed, to the end
that there will be such flexibility as will constitute the word of
general and variable, instead of special and invariable, significance.

§ 1-13.23. Preceding.—The word “preceding”, when used by
way of reference to any section or sections of any statute, shall
be construed to mean next preceding that in which such reference
is made.

§ 1-13.24. Railroad, railway.—The words “railroad” and
“railway” shall be construed to mean the same thing in law; and
in anv proceeding wherein a railroad company or a railway com-
pany is a party, it shall not be deemed error to call a railway
company a railroad company or vice versa; nor shall any de-
murrer, plea or any other defense be set up in bar or abatement
to a motion, declaration or indictment in consequence of such mis-
description. All provisions of law relating to the regulation by the
State Corporation Commission and to the taxation of steam rail-
roads shall be applicable to all railroads regardless of their motive
power.

§ 1-13.25. Seal.—In cases in which the seal of any corpora-
tion, court, or public office shall be required to be affixed to any
paper executed by a corporation, or issuing from such court or
office, the word “seal” shall be construed to include an impression
of such Official seal made upon the paper alone, as well as an im-
pression made by means of a wafer, or of wax affixed thereto. And
in any case in which the seal of any natural person shall be re-
quired to a paper, it shall be sufficient for such person to affix to
such paper a scroll by way of seal.

§ 1-13.26. State—The word “state”, when applied to a part
of the United States, shall be construed to extend to and include
the District of Columbia and the several territories so-called.

§ 1-13.27. Sunday.—When a court is directed to be held, or
any Other proceeding directed by law to take place, on a particular
day of a month, if that day happens to be Sunday, the court shall
be held or the proceeding take place on the next day. And when
a law authorizes a court, or the proceedings of an officer, to be
adjourned from day to day, an adjournment from Saturday to
Monday shall be legal.

§ 1-13.28. Swear, sworn.—The word “swear” or “sworn” shall
be equivalent to the word “affirm” or “affirmed” in all cases in
which by law an affirmation may be substituted for an oath.
§ 1-13.29. Town.—The word “town” shall be construed to
mean an incorporated community not having a city charter at the
time of adoption of the Constitution of 1902, containing within
defined boundaries a population of less than five thousand.

§ 1-13.30. Trial justice—The term “trial justice” shall be
construed to include not only trial justices, associate trial justices
and substitute trial justices appointed under the provisions of
chapter 2 of Title 16, but also:

(1) Civil and police justices;

(2) Civil justices when the matter referred to is a civil
matter ;

(3) Police justices when the matter referred to is a criminal
matter ;

(4) Judges of juvenile and domestic relations courts when the
occasion for the application of the term arises out of a matter
within the jurisdiction of such judges;

(5) Justices of the peace in any city of less than ten thousand
population, which has not been combined with one or more
counties under § 16-53 for the appointment of a trial justice and
a substitute trial justice therein, or, having been so combined, has
withdrawn from such combination; and

(6) Mayors or other trial officers of cities or towns upon
whom authority has been conferred pursuant to § 16-129, if the
matter referred to in the section using the term is within the
authority so conferred.

§ 1-18.31. United States—The words “United States” shall
be construed to include the District of Columbia and the several
territories so-called.

§ 1-13.32. Written, in writing.—The words “written” and “in
writing” shall be construed to include any representation of words,
letters or figures, whether by printing or otherwise.

§ 1-13.33. Year.—Unless otherwise expressed, the word “year”
shall be construed to mean a calendar year; and the word “year”
alone shall be equivalent to the expression “year of our Lord”.

§ 1-13.34. Construction of the use of asterisk and under-
scoring or italics in the amendment of statutes.—Asterisks for
deletions and italics for additions or changes may be used in
printed bills, enrolled bills, and printed Acts of Assembly, in an
attempt to call attention to amendments to existing statutes; but
the asterisks and ttalics shall not be construed as evidence of amend-
ments to Acts of the General Assembly.

2. An emergency exists and this act is in force from passage.