§12-3. Rules for construction of statutes. - North Carolina Statutes

§ 12‑3. Rules forconstruction of statutes.

In the construction of allstatutes the following rules shall be observed, unless such construction wouldbe inconsistent with the manifest intent of the General Assembly, or repugnantto the context of the same statute, that is to say:

(1)        Singular and PluralNumber, Masculine Gender, etc. – Every word importing the singular number onlyshall extend and be applied to several persons or things, as well as to oneperson or thing; and every word importing the plural number only shall extendand be applied to one person or thing, as well as to several persons or things;and every word importing the masculine gender only shall extend and be appliedto females as well as to males, unless the context clearly shows to thecontrary.

(2)        Authority, to Threeor More Exercised by Majority. – All words purporting to give a joint authorityto three or more public officers or other persons shall be construed as givingsuch authority to a majority of such officers or other persons, unless it shallbe otherwise expressly declared in the law giving the authority.

(3)        "Month"and "Year". – The word "month" shall be construed to mean acalendar month, unless otherwise expressed; and the word "year," acalendar year, unless otherwise expressed; and the word "year" aloneshall be equivalent to the expression "year of our Lord." When astatute refers to a period of one or more months and the last month does nothave a date corresponding to the initial date, the period shall expire on the lastday of the last month.

(4)        Leap Year, HowCounted. – In every leap year the increasing day and the day before, in alllegal proceedings, shall be counted as one day.

(5)        "Oath" and"Sworn". – The word "oath" shall be construed to include"affirmation," in all cases where by law an affirmation may besubstituted for an oath, and in like cases the word "sworn" shall beconstrued to include the word "affirmed."

(6)        "Person"and "Property". – The word "person" shall extend and beapplied to bodies politic and corporate, as well as to individuals, unless thecontext clearly shows to the contrary. The words "real property"shall be coextensive with lands, tenements and hereditaments. The words"personal property" shall include moneys, goods, chattels, choses inaction and evidences of debt, including all things capable of ownership, notdescendable to heirs at law. The word "property" shall include allproperty, both real and personal.

(7)        "Preceding"and "Following". – The words "preceding" and"following," when used by way of reference to any section of astatute, shall be construed to mean the section next preceding or nextfollowing that in which such reference is made; unless when some other sectionis expressly designated in such reference.

(8)        "Seal". –In all cases in which the seal of any court or public office shall be requiredby law to be affixed to any paper issuing from such court or office, the word"seal" shall be construed to include an impression of such officialseal, made upon the paper alone, as well as an impression made by means of awafer or of wax affixed thereto.

(9)        "Will". –The term "will" shall be construed to include codicils as well aswills.

(10)      "Written"and "in Writing". – The words "written" and "inwriting" may be construed to include printing, engraving, lithographing,and any other mode of representing words and letters: Provided, that in allcases where a written signature is required by law, the same shall be in aproper handwriting, or in a proper mark.

(11)      "State" and"United States". – The word "state," when applied to thedifferent parts of the United States, shall be construed to extend to andinclude the District of Columbia and the several territories, so called; andthe words "United States" shall be construed to include the saiddistrict and territories and all dependencies.

(12)      "Imprisonmentfor One Month," How Construed. – The words "imprisonment for onemonth," wherever used in any of the statutes, shall be construed to mean"imprisonment for thirty days."

(13)      "Governor,""Senator," "Solicitor," "Elector,""Executor," "Administrator," "Collector,""Juror," and "Auditor". – The words "Governor,""Senator," "district attorney," "elector,""executor," "administrator," "collector,""juror," "auditor," and any other words of like charactershall when applied to the holder of such office, or occupant of such position,be words of common gender, and they shall be a sufficient designation of theperson holding such office or position, whether the holder be a man or woman. (21 Hen. III; R.S., c. 31, s.113; R.C., c. 31, s. 108; c. 108; Code, s. 3765; Rev., s. 2831; C.S., s. 3949;1921, c. 30; 1973, c. 47, s. 2; 1977, c. 446, s. 4.)