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  48. 21:40 Repealed by 1957, 12:2, eff.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  49. 21:41 Repealed by 1983, 278:3, eff.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  50. 21:42 Repealed by 1983, 278:3, eff.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

21:34 Filling Vacancy.

The term "vacancy shall be filled for the unexpired term", when used in connection with appointments to the state service by the governor and council shall be construed to mean that the successor shall be commissioned for a term equal in length to the unexpired balance of the term of his predecessor and where an appointee has held over beyond the expiration date of his commission, so far as the appointment of a successor is concerned, a vacancy shall be deemed to have been created. Source. 1943, 39:1, eff. Mar. 3, 1943.

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21:34-a Farm, Agriculture, Farming.

I. The word "farm" means any land, buildings, or structures on or in which agriculture and farming operations or activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. Structures shall include all farm outbuildings used in the care of livestock; in the production and storage of fruit, vegetables, or nursery stock; in the production of maple syrup; greenhouses for the production of annual or perennial plants; and any other structures used in the operations or activities named in paragraph II(a) or (b) of this section or any combination of such individual operations or activities. II. The words "agriculture" and "farming" mean all operations or activities of a farm, including: (a)(1) The cultivation, conservation, or tillage of the soil. (2) The storage and use of or spreading of commercial fertilizer, lime, wood ash, sawdust, compost, animal manure, septage, and, where permitted by municipal and state rules and regulations, other lawful soil amendments. (3) The use of or application of agricultural chemicals. (4) The husbandry of livestock which shall include but not be limited to all beef or dairy cattle, steer, oxen, goats, sheep, swine, horses, mules or other equidae, as well as domesticated strains of buffalo, bison, llamas, alpacas, emus, ostriches, poultry, rabbits, yaks, elk (Cervus canadensis), fallow deer (Dama dama), red deer (Cervus elephus), or reindeer (Rangifer tarandus). (5) The husbandry, boarding, training, or riding instruction of equines. (6) The husbandry and harvesting aquaculture products including fresh or salt water finfish, shellfish, or other aquatic organisms grown for consumption or processing. (7) The husbandry of poultry or game birds or production of eggs. (8) The husbandry of bees or production of honey. (9) The husbandry of domesticated strains of fur-bearing animals. (10) The production of greenhouse crops. (11) The production, cultivation, growing, or harvesting of any agricultural, floricultural, viticultural, forestry, or horticultural crops including, but not limited to, berries, herbs, honey, maple syrup, fruit, vegetables, tree fruit, grapes, flowers, seeds, grasses, nursery stock, sod, trees or tree products, Christmas trees grown as part of a commercial Christmas tree operation, trees grown for short rotation tree fiber, compost, or any plant that can be legally grown or harvested extensively for profit or subsistence. (b) Any practice or activity on the farm incident to, ancillary to, or in conjunction with such farming operations, including, but not necessarily restricted to: (1) Preparation for market, delivery to storage or to market, or to carriers for transportation to market of any products or materials from the farm. (2) The transportation to the farm of supplies and materials. (3) The transportation of farm workers. (4) Forestry or lumbering operations. (5) Marketing or selling at wholesale or retail, regardless of the manner or form of the transaction, any livestock or products derived principally from the production of the farm, including, but not limited to items listed in subparagraph (a), whether on-site or off-site, provided that marketing such products is not specifically prohibited by local regulations. For the purposes of this section marketing shall include agritourism, which means attracting visitors to a farm to attend events or activities that are accessory uses to the primary farm operation, including, but not limited to, being provided a meal, making overnight stays, enjoyment of the farm environment, education which shall be instruction or learning about the farm's operations, or active involvement in the activities of the farm. (6) Irrigation of growing crops from private water supplies or public water supplies where not prohibited by state or local rule or regulation. (7) The use of dogs for herding, working, or guarding livestock, as defined in RSA 21:34-a, II(a)(4). (8) The production and storage of compost and the materials necessary to produce compost, whether such materials originate, in whole or in part, from operations of the farm. III. A farm roadside stand shall remain an agricultural operation and not be considered commercial, provided that at least 35 percent of the product sales in dollar volume is attributable to products produced on the farm or farms of the stand owner. IV. Management practices on the farm shall include technologies recommended from time to time by the university of New Hampshire cooperative extension, the New Hampshire department of agriculture, markets, and food, or appropriate agencies of the United States Department of Agriculture. V. The term "farmers' market" means an event or series of events at which 2 or more vendors of agricultural commodities gather for purposes of offering for sale such commodities to the public. Commodities offered for sale must include, but are not limited to, products of agriculture, as defined in paragraphs I-IV. "Farmers' market" shall not include any event held upon any premises owned, leased, or otherwise controlled by any individual vendor selling therein. VI. [Repealed.] Source. 1961, 140:1. 1977, 95:1. 1979, 60:1. 1985, 6:1. 1997, 250:1. 1999, 191:2. 2005, 107:1. 2006, 11:5; 326:1. 2007, 157:1. 2008, 8:1, eff. July 4, 2008. 2014, 97:2, eff. Aug. 10, 2014. 2016, 267:1, 6, eff. June 16, 2016. 2019, 338:1-3, eff. Sept. 5, 2019.

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21:35 Time, How Reckoned; Days Included and Excluded.

I. Except where specifically stated to the contrary, when a period or limit of time is to be reckoned from a day or date, that day or date shall be excluded from and the day on which an act should occur shall be included in the computation of the period or limit of time. II. If a statute specifies a date for filing documents or paying fees and the specified date falls on a Saturday, Sunday, or legal holiday, the document or fee shall be deemed timely filed if it is received by the next business day. Source. RS 1:25. CS 1:25. GS 1:33. GL 1:32. PS 2:34. PL 2:34. RL 7:34. RSA 21:35. 1994, 348:1. 2008, 11:1, eff. Jan. 1, 2009.

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21:36 Standard Time.

The standard time within the state, except as hereinafter provided, shall be based on the mean astronomical time of the seventy-fifth degree of longitude west from Greenwich, known and designated by the federal statute as "Eastern Standard Time." At 2 o'clock ante-meridian of the second Sunday in March of each year, the standard time in this state shall be advanced one hour, at 2 o'clock ante-meridian of the first Sunday in November of each year, the standard time in this state shall, by the retarding of one hour, be made to coincide with the astronomical time hereinbefore described as Eastern Standard Time, so that between the second Sunday in March at 2 o'clock ante-meridian and the first Sunday in November at 2 o'clock ante-meridian in each year the standard time in this state shall be one hour in advance of the United States Standard Time. In all laws, statutes, orders, decrees, rules, and regulations relating to the time of performance by any officer or department of this state, or of any county, city, town, or district thereof, or relating to the time in which any rights accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of this state, or of any county, city, town, or district thereof, and in all contracts or choses in action made or to be performed in this state, it shall be understood and intended that the time shall be as set forth in this section. Source. 1921, 15:1. 1923, 105:1, 2. PL 42:76. 1937, 95:1. RL 51:95. 1954, 2:4. RSA 21:36. 1987, 10:1. 2011, 103:1, eff. July 30, 2011.

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21:37 Effect of Repeal.

The repeal of an act shall in no case affect any act done, or any right accruing, accrued, acquired, or established, or any suit or proceeding had or commenced in any civil case, before the time when repeal shall take effect. Source. RS 1:26. CS 1:26. GS 1:34. GL 1:33. PS 2:35. PL 2:35. RL 7:35.

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21:38 Pending Prosecution, Etc.

No suit or prosecution, pending at the time of the repeal of any act, for any offense committed or for the recovery of a penalty or forfeiture incurred under the act so repealed, shall be affected by such repeal. Source. RS 1:27. CS 1:27. GS 1:35. GL 1:34. PS 2:36. PL 2:36. RL 7:36.

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21:39 No Revival.

The repeal of an act shall not revive any other act which has been repealed. Source. RS 1:28. CS 1:28. GS 1:36. GL 1:35. PS 2:37. PL 2:37. RL 7:37.

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21:40 Repealed by 1957, 12:2, eff. Feb. 15, 1957.

Repealed by 1957, 12:2, eff. Feb. 15, 1957.

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21:41 Repealed by 1983, 278:3, eff. Aug. 1, 1983.

Repealed by 1983, 278:3, eff. Aug. 1, 1983.

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21:42 Repealed by 1983, 278:3, eff. Aug. 1, 1983.

Repealed by 1983, 278:3, eff. Aug. 1, 1983.

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21:43 Security Interests.

Statutes using the words "pledge", "mortgage", "conditional sale", "lien", "assignment" and like terms in referring to a security interest in personal property shall also apply to a corresponding type of security interest under RSA 382-A. Source. 1959, 247:2(II) Commercial Code, eff. July 1, 1961.

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21:44 Age of Majority; Adults.

Notwithstanding any provision of law to the contrary, the words "adult", "majority", "age of majority", "full age or lawful age", and all other terms of referring to those persons who are to be considered adults, shall mean those persons who have attained the age of 18 years. Source. 1973, 72:72, eff. June 3, 1973.

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21:45 "Bylaw" or "Ordinance".

The term "bylaw" when used in reference to legislative action taken by a city, town, county or village district shall have the same meaning as an ordinance and shall be subject to the same procedures for enactment. Source. 1975, 300:1, eff. Aug. 6, 1975.

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21:46 Mobile Homes.

The words "mobile home" shall mean manufactured housing as defined by RSA 674:31. Source. 1983, 230:2, eff. Aug. 17, 1983.

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21:47 Legislative Body.

When used to refer to a municipality, and in the absence of applicable chapter or subdivision definitions, the term "legislative body" shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. Source. 1989, 205:1, eff. July 21, 1989.

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21:48 Governing Body.

When used to refer to a municipality, and in the absence of applicable chapter or subdivision definitions, the term "governing body" shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. Source. 1989, 205:1, eff. July 21, 1989.

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21:49 Sexual Orientation.

"Sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state or impose any duty on a religious organization. This definition does not confer legislative approval of such status, but is intended to assure the basic rights afforded under New Hampshire law. Source. 1997, 108:2, eff. Jan. 1, 1998.

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21:50 Veteran; Armed Forces; Active Duty; Service-Connected Injury, Illness, or Disability.

I. (a) "Veteran" means any person who: (1) Served in the United States armed forces for more than 4 years and continues to serve; or (2) Has been discharged or released from duty in the United States armed forces with: (A) An honorable discharge; or (B) An uncharacterized discharge based on a service-connected injury, illness, or disability. (b) The following documents may be used to establish an individual's status as a veteran: (1) DD Form 214 from any branch of the armed forces. (2) DD Form 215 from any branch of the armed forces. (3) DD Form 217 from any branch of the armed forces. (4) DD Form 2 (Retired). (5) WD AGO Form 53-55 from the United States Army. (6) WD AGO Form 53-98 from the United States Army. (7) WD AGO Form 755 from the United States Army. (8) NAVPERS Form 553 from the United States Navy. (9) NAVPERS Form 554 from the United States Navy. (10) NAVPERS Form 660 from the United States Navy. (11) NAVPERS Form 661 from the United States Navy. (12) NAVMC Form 70-PD from the United States Marine Corps. (13) NAVMC Form 78-PD from the United States Marine Corps. (14) NAVCG Form 2510 from the United States Coast Guard. (15) NGB Form 22 from the National Guard. (16) GSA Form 6954 from the National Archives. (17) NA Form 13038 from the National Archives. (18) NA Form 13041 from the National Archives. (19) Verification of Service letter from the Department of Veterans Affairs. (20) Summary of Military Service Record from the New Hampshire Korean War Bonus application. (21) Notarized statement of service letter signed by the individual's commanding officer or administrative officer. (22) Completed DD FORM 4/2, October 2007 from the National Guard. (23) Completed DD FORM 1300, February 2011. (24) Other documents approved by the director, division of veterans services. II. "Armed forces" means the United States Army, Army Reserve, Navy, Naval Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Space Force, Coast Guard, Coast Guard Reserve, Army National Guard, and the Air National Guard. "Armed forces" also includes other components, but is limited to those components and active duty periods described in 38 C.F.R. 3.7. III. "Active duty" means full-time duty as an enlisted member, or as a commissioned or warrant officer, in any branch of the armed forces. IV. "Service-connected injury or illness or disability" means an injury, illness or disability incurred or aggravated while in the line of duty in the armed forces of the United States. V. "Military spouse" means an individual who is legally married to an active duty member of the armed forces and is a cardholder in the defense enrollment eligibility reporting system (DEERS). Source. 2004, 89:1. 2010, 119:7, eff. July 31, 2010. 2013, 254:1, eff. July 24, 2013. 2019, 273:7, eff. Sept. 17, 2019. 2023, 21:2, eff. July 3, 2023. 2025, 107:1, eff. Aug. 22, 2025.

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21:51 Petition.

The word "petition" when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. Source. 2014, 204:1, eff. July 11, 2014.

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21:52 Under Oath.

The words "under oath" when used in connection with a document to be filed with the court or a state agency, which does not require a notary acknowledgment or notarization under New Hampshire law, shall be satisfied by electronic signature "under the penalty of perjury" if the document is filed with the court or state agency electronically, and if the document is accompanied by a statement under the electronic signature stating "the penalty for perjury may include a fine or imprisonment or both." Source. 2015, 22:1, eff. May 5, 2015. 2017, 57:1, eff. Jan. 1, 2018.

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21:53 Verified Mail.

The term "verified mail" means any method of mailing that is offered by the United States Postal Service or any other carrier, and which provides evidence of mailing. Source. 2019, 242:2, eff. Oct. 10, 2019.

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21:54 Gender Identity.

"Gender identity" means a person's gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person's core identity provided, however, that gender-related identity shall not be asserted for any improper purpose. Source. 2019, 332:1, eff. Oct. 15, 2019.

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21:55 Clean Energy.

"Clean energy" means minimal to no greenhouse gas emitting sources, including nuclear and other renewable sources. Source. 2025, 169:1, eff. Sept. 13, 2025.

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