Law

RSA 21 Statutory Construction

New Hampshire · 21 · statute

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Contents: 63 provisions
  1. 21:1 Application.
  2. 21:2 Common Usage.
  3. 21:3 Number; Gender.
  4. 21:4 State; United States.
  5. 21:5 Town.
  6. 21:6 Resident; Inhabitant.
  7. 21:6-a Residence.
  8. 21:7 Biennial; Annual.
  9. 21:8 Month; Year.
  10. 21:9 Person.
  11. 21:10 Charter.
  12. 21:11 Seal.
  13. 21:12 Justice.
  14. 21:13 Preceding; Following.
  15. 21:14 Said; Such.
  16. 21:15 Joint Authority.
  17. 21:16 Grantor; Grantee.
  18. 21:17 Mortgagor; Mortgagee.
  19. 21:18 Insane.
  20. 21:19 Spendthrift.
  21. 21:20 Issue.
  22. 21:21 Land; Real Estate.
  23. 21:22 Will.
  24. 21:23 Written.
  25. 21:24 Oath.
  26. 21:25 Sworn; Public Officers.
  27. 21:25-a Sufficient Sureties.
  28. 21:26 Highway.
  29. 21:27 County.
  30. 21:27-a County Attorney.
  31. 21:28 Selectmen; Town Clerk.
  32. 21:28-a Clerk; Election Laws.
  33. 21:29 School Board.
  34. 21:30 Place.
  35. 21:31 Designation of Office Title.
  36. 21:31-a Governor and Council.
  37. 21:32 Publication of Notice; Publication for Statewide Circulation.
  38. 21:32-a Registered Mail.
  39. 21:33 Intoxicating Liquors.
  40. 21:33-a Terms of Appointment.
  41. 21:34 Filling Vacancy.
  42. 21:34-a Farm, Agriculture, Farming.
  43. 21:35 Time, How Reckoned; Days Included and Excluded.
  44. 21:36 Standard Time.
  45. 21:37 Effect of Repeal.
  46. 21:38 Pending Prosecution, Etc.
  47. 21:39 No Revival.
  48. 21:40 Repealed by 1957, 12:2, eff. Feb. 15, 1957.
  49. 21:41 Repealed by 1983, 278:3, eff. Aug. 1, 1983.
  50. 21:42 Repealed by 1983, 278:3, eff. Aug. 1, 1983.
  51. 21:43 Security Interests.
  52. 21:44 Age of Majority; Adults.
  53. 21:45 "Bylaw" or "Ordinance".
  54. 21:46 Mobile Homes.
  55. 21:47 Legislative Body.
  56. 21:48 Governing Body.
  57. 21:49 Sexual Orientation.
  58. 21:50 Veteran; Armed Forces; Active Duty; Service-Connected Injury, Illness, or Disability.
  59. 21:51 Petition.
  60. 21:52 Under Oath.
  61. 21:53 Verified Mail.
  62. 21:54 Gender Identity.
  63. 21:55 Clean Energy.

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63 provisions

21:1 Application.

In the construction of all statutes the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the legislature or repugnant to the context of the same statute. Source. RS 1:30. CS 1:30. GS 1:1. GL 1:1. PS 2:1. PL 2:1. RL 7:1.

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21:2 Common Usage.

Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed and understood according to such peculiar and appropriate meaning. Source. GS 1:2. GL 1:2. PS 2:2. PL 2:2. RL 7:2.

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21:3 Number; Gender.

Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may extend and be applied to females. Gender-specific terms relating to the marital relationship or familial relationships, including without limitation, "spouse," "family," "marriage," "immediate family," "dependent," "next of kin," "man," "woman," "groom," "bride," "husband," "wife," "widow," or "widower," shall be construed to be gender-neutral for all purposes throughout New Hampshire law, whether in statute, state administrative or court rule, policy, common law, or any other source of civil state law. Source. RS 1:1, 2. CS 1:1, 2. GS 1:3. GL 1:3. PS 2:3. PL 2:3. RL 7:3. 2014, 160:4, eff. July 10, 2014.

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21:4 State; United States.

The word "state," when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. Source. RS 1:3. CS 1:3. GS 1:4. GL 1:4. PS 2:4. PL 2:4. RL 7:4.

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21:5 Town.

The word "town" shall extend and be applied to any place incorporated, or whose inhabitants are required to pay any tax, and shall mean that city, town, ward, or place in which the subject-matter referred to is situate, or in which the persons referred to are resident, unless from the context, a different intention is manifest. Source. RS 1:4. CS 1:4. GS 1:5. GL 1:5. PS 2:5. PL 2:5. RL 7:5.

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21:6 Resident; Inhabitant.

A resident or inhabitant or both of this state and of any city, town, or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town, or other political subdivision of this state, and who has, through all of his or her actions, demonstrated a current intent to designate that place of abode as his or her principal place of physical presence to the exclusion of all others. Source. RS 1:5. CS 1:5. GS 1:6. GL 1:6. PS 2:6. PL 2:6. RL 7:6. RSA 21:6. 1981, 261:1, eff. June 16, 1981. 2018, 370:1, eff. July 1, 2019.

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21:6-a Residence.

Residence or residency shall mean a person's place of abode or domicile. The place of abode or domicile is that designated by a person as his or her principal place of physical presence to the exclusion of all others. Such residence or residency shall not be interrupted or lost by a temporary absence from it, if there is an intent to return to such residence or residency as the principal place of physical presence. Source. 1981, 261:1, eff. June 16, 1981. 2018, 370:1, eff. July 1, 2019.

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21:7 Biennial; Annual.

The words "biennial" and "biennially," when applied to meetings and elections in towns, shall mean the biennial meetings and elections required by law to be holden in the month of November biennially, dating from the commencement of biennial elections in 1878; and the word "annual," when applied to meetings and elections in towns, shall mean the annual meetings and elections required by law to be holden in the month of March. Source. RS 1:6. CS 1:6. GS 1:7. GL 1:7. PS 2:7. PL 2:7. RL 7:7.

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21:8 Month; Year.

The word "month" shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord." Source. RS 1:7. CS 1:7. CS 1:8. GL 1:8. PS 2:8. PL 2:8. RL 7:8.

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21:9 Person.

The word "person" may extend and be applied to bodies corporate and politic as well as to individuals. Source. RS 1:8. GS 1:8. GS 1:9. GL 1:9. PS 2:9. PL 2:9. RL 7:9.

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21:10 Charter.

The word "charter" may include the articles of agreement by which a corporation is formed under the general laws. Source. PS 2:10. PL 2:10. RL 7:10.

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21:11 Seal.

When the seal of a court, public officer, or corporation is required by law to be affixed to any paper the word "seal" shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. The seal of a corporation upon a corporate bond or other corporate obligation for the payment of money may be a facsimile, engraved or printed, where such bond or other obligation is authenticated or certified by a trustee. Source. RS 1:9. CS 1:9. GS 1:10. GL 1:10. PS 2:11. PL 2:11. RL 7:11. RSA 21:11. 1963, 38:3, eff. June 4, 1963.

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21:12 Justice.

The word "justice," when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. Source. RS 1:10. CS 1:10. GS 1:11. GL 1:11. PS 2:12. PL 2:12. RL 7:12.

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21:13 Preceding; Following.

The words "preceding" and "following," when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. Source. RS 1:11. CS 1:11. GS 1:12. GL 1:12. PS 2:13. PL 2:13. RL 7:13.

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21:14 Said; Such.

The words "said" and "such," when used by way of reference to any person or thing, shall apply to the same person or thing last mentioned. Source. RS 1:12. CS 1:12. GS 1:13. GL 1:13. PS 2:14. PL 2:14. RL 7:14.

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21:15 Joint Authority.

Unless otherwise expressly declared: I. Words purporting to give a joint authority to 3 or more public officers shall give such authority to a majority of them. II. The authority of any board, commission, or other body whose members are approved by the governor and council to conduct official business shall be vested in a majority of those members who have been approved by the governor and council. Source. RS 1:13. CS 1:13. GS 1:14. GL 1:14. PS 2:15. PL 2:15. RL 7:15. 2009, 260:1, eff. Sept. 14, 2009.

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21:16 Grantor; Grantee.

The word "grantor" may include every person by or from whom any estate or interest in land passes in or by any deed; and the word "grantee" may include every person to whom any such estate or interest passes in like manner. Source. RS 1:14. CS 1:14. GS 1:15. GL 1:15. PS 2:16. PL 2:16. RL 7:16.

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21:17 Mortgagor; Mortgagee.

The word "mortgagor" or "mortgagee" may include any person claiming under such party or having his right. Source. RS 131:17. CS 137:17. GS 1:16. GL 1:16. PS 2:17. PL 2:17. RL 7:17.

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21:18 Insane.

The words "insane" or "insane person" shall include every idiot, non-compos, lunatic, insane, or distracted person. Source. RS 1:15. CS 1:15. GS 1:17. GL 1:17. PS 2:18. PL 2:18. RL 7:18.

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21:19 Spendthrift.

The word "spendthrift" shall include anyone who is liable to be put under guardianship on account of excessive drinking, gaming, idleness, debauchery or vicious habits of any kind, or who is unable to manage his affairs with prudence. Source. GS 1:18. GL 1:18. PS 2:19. PL 2:19. RL 7:19. RSA 21:19. 1967, 106:1, eff. July 10, 1967.

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21:20 Issue.

The word "issue," as applied to the descent of estates, shall include all the lawful lineal descendants of the ancestor. Source. RS 1:16. CS 1:16. GS 1:19. GL 1:19. PS 2:20. PL 2:20. RL 7:20.

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21:21 Land; Real Estate.

I. The words "land," "lands" or "real estate" shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. II. Manufactured housing as defined by RSA 674:31 shall be included in the term "real estate." Source. RS 1:17. CS 1:17. GS 1:20. GL 1:20. PS 2:21. PL 2:21. RL 7:21. RSA 21:21. 1983, 230:1, eff. Aug. 17, 1983.

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21:22 Will.

The word "will" shall include codicils. Source. RS 1:18. CS 1:18. GS 1:21. GL 1:21. PS 2:22. PL 2:22. RL 7:22.

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21:23 Written.

The words "written" or "in writing" may include printing or any other mode of representing words and letters, except where the written signature of a person is required. The signature of any corporate officer upon a corporate bond or other corporate obligation for the payment of money, or upon any interest coupons attached thereto, may be a facsimile, engraved or printed, where such bond or other obligation is authenticated or certified by a trustee. Source. RS 1:19. CS 1:19. GS 1:22. GL 1:22. PS 2:23. PL 2:23. RL 7:23. RSA 21:23. 1963, 38:2, eff. June 4, 1963.

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21:24 Oath.

The word "oath" shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed." Source. RS 1:20. CS 1:20. GS 1:23. GL 1:23. PS 2:24. PL 2:24. RL 7:24.

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21:25 Sworn; Public Officers.

The word "sworn," when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. Source. GS 1:24. GL 1:24. PS 2:25. PL 2:25. RL 7:25.

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21:25-a Sufficient Sureties.

Whenever a person is required to recognize or give bond "with sufficient sureties," with "corporate sureties," or "sufficient bond" or "give security" in any court proceeding the deposit of cash in the required amount shall be deemed sufficient. Source. 1959, 2:1, eff. April 7, 1959.

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21:26 Highway.

The word "highway" or "road" shall include all bridges thereon. Source. RS 1:21. CS 1:21. GS 1:25. GL 1:25. PS 2:26. PL 2:26. RL 7:26.

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21:27 County.

The word "county" may mean the county in which the subject matter referred to is situate, belongs, or is cognizable. Source. RS 1:22. CS 1:22. GS 1:26. GL 1:26. PS 2:27. PL 2:27. RL 7:27.

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21:27-a County Attorney.

The words "county solicitor" or the word "solicitor" when referring to the county law official, shall mean the county attorney. Source. 1959, 12:1, eff. May 10, 1959.

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21:28 Selectmen; Town Clerk.

I. The word "selectmen" may mean the selectmen of the town or ward, or the mayor and aldermen of the city, to which the subject matter to be acted upon belongs or in which it is situate; and the words "town clerk" may mean the clerk of the town, ward, or city to which the subject matter referred to belongs or in which it is situate. II. The words "selectwoman," "selectperson," and "select board" may be used interchangeably with "selectman" in all instances, where appropriate. Source. RS 1:23. CS 1:23. GS 1:27. GL 1:27. PS 2:28. PL 2:28. RL 7:28. 2008, 183:1, eff. Aug. 10, 2008.

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21:28-a Clerk; Election Laws.

The word "clerk" as used in the election laws shall mean city clerk, town clerk or ward clerk unless specifically defined otherwise. Source. 1975, 188:1. 1979, 436:10, eff. July 1, 1979.

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21:29 School Board.

The words "school board" may mean any agent, committee, school board, or board of education entrusted with the hiring of teachers and the management of the prudential affairs of the district. Source. PS 2:29. PL 2:29. RL 7:29.

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21:30 Place.

The word "place" may mean city or town, unless some other meaning is implied by the context. Source. GS 1:28. GL 1:28. PS 2:30. PL 2:30. RL 7:30.

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21:31 Designation of Office Title.

When a court, officer, or board is named by official title, such designation shall apply to the court, officer, or board of the county, town, or district within and for which they are qualified to act in such capacity. Source. RS 1:24. CS 1:24. GS 1:29. GL 1:29. PS 2:31. PL 2:31. RL 7:31.

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21:31-a Governor and Council.

The phrase "governor and council" shall mean the governor with the advice and consent of the council. Source. 1957, 3:1, eff. Feb. 6, 1957.

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21:32 Publication of Notice; Publication for Statewide Circulation.

I. By the words "publish," "published," "publishing," or "publication," when notice is required or permitted to be given by publication, shall be intended publication in a newspaper circulated in the vicinity, and the publication shall be for 3 weeks successively, and the last publication one week, at least, before the day or thing of which notice is given, unless otherwise specially provided. II. The terms "publication of daily statewide circulation," "publication of general statewide circulation," or "publication in a newspaper of statewide circulation" regarding any requirement of any executive branch state agency, board, department, or official to provide notice under state law in respect to any real or personal property, act, event, hearing, or other occurrence, by advertisement or notice, shall mean publication of such notice at the offices of the agency, board, department, or official; prominently on a publicly accessible Internet site maintained by the agency, board, department, or official; and in any local or regional publication circulated where the real or personal property is located or where the act, event, hearing, or other occurrence is to take place, all in accordance with the time frame for notice prescribed by law. Source. GS 1:30. GL 1:30. PS 2:32. PL 2:32. RL 7:32. 2011, 224:192, eff. July 1, 2011.

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21:32-a Registered Mail.

The words "registered mail" when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. Source. 1955, 242:1, eff. June 30, 1955.

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21:33 Intoxicating Liquors.

By the words "spirit," "liquor," "spirituous liquor," "intoxicating liquor" shall be intended all distilled liquors, or rectified spirits; vinous, fermented, brewed, and malt liquors; and any beverage, by whatever name called, containing more than one percent of alcohol by volume at 60 degrees Fahrenheit; and any beverage any part of which is intoxicating. Source. GS 1:31. GL 1:31. PS 2:33. 1903, 122:5. 1911, 193:1. 1917, 147:60. PL 2:33. RL 7:33.

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21:33-a Terms of Appointment.

Whenever a statute provides for appointment to a position in a state office, agency, commission, or board for a term of stated and limited duration by the governor and council or requires approval or confirmation of such an appointment by the governor and council, such statute shall be construed, unless it shall be exempted from the application of this section by language expressly referring to this section, to provide: I. That the language in such statute creating a term of stated and limited duration shall create a term of the position, not of the appointee thereto, with the first such term, to a position to which no appointment has previously been made, to commence on the date of such appointment, confirmation or approval by the governor and council. II. That a vacancy in such position shall be filled for the unexpired term. III. (a) That any commissioner or agency head of a department, as defined in RSA 21-G:5, VI, who is an unclassified employee of the state, and appointed to such position, shall serve for the appropriate term or unexpired portion thereof. The commissioner or agency head may serve beyond the appointed term or unexpired portion thereof with the written authorization of the governor, provided that such service shall not extend beyond 6 months. This subparagraph shall also apply to the adjutant general and the attorney general, and to appointees to the liquor commission, the lottery commission, and the public utilities commission. (b) That any other appointee to such position shall serve for the appropriate term or unexpired portion thereof and until a successor is appointed and qualified. IV. That when an appointment is made and when a vacancy is filled, one of the factors which may be taken into consideration shall be the gender balance in the population which is served or regulated by the state office, agency, commission, or board, so that when the position is filled, it may result in a state office, agency, commission, or board which reflects that gender balance. Source. 1973, 425:1. 1992, 56:1. 2007, 156:1. 2008, 25:1. 2011, 131:2, eff. Aug. 6, 2011. 2015, 276:118, eff. July 1, 2015.

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