Chapter 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS AND DEFINITIONS.

§1. Common Law.—The common law of England, so far as it is not repugnant to the principles of the Constitution of this State, shall continue in force within the same, except in those respects wherein it was altered by the general assembly of Virginia before the twentieth day of June, eighteen hundred and sixty-three, or has been, or shall be, altered by the legislature of this State.(Code 1849, c. 16, §1; Code 1860, c. 16, §1; Const. 1863, art. 11, §8; Code 1868, c. 13, §5; Const. 1872 as amended 1879-1880, art. 8, §21; 1882, c. 143, §5; Code 1923, c. 13, §5.)

§2. Ancient Lights.—The common law of England in regard to ancient lights is not in force in this State.(Code 1868, c. 79, §13; Code 1923, c. 79, §13.)

§1. Legal Holidays; Official Acts or Court Proceedings.—The following days shall be regarded, treated and observed as legal holidays, viz: The first day of January, commonly called “New Year‘s Day”; the twelfth day of February, commonly called “Lincoln’s Birthday”; the twenty-second day of February, commonly called “Washington’s Birthday”; the thirtieth day of May, commonly called “Memorial Day”; the twentieth day of June, commonly called “West Virginia Day”; the fourth day of July, commonly called “Independence Day”; the first Monday in September, commonly called “Labor Day”; the twelfth day of October, commonly called “Columbus Day”; the eleventh day of November, commonly called “Armistice Day”; the twenty-fifth day of December, commonly called “Christmas Day”; any national, state or other election day throughout the district or municipality wherein held; and all days that may be appointed or recommended by the governor of this State, or the president of the United States, as days of thanksgiving, or for the general cessation of business; and when any of said days or dates falls on Sunday, then it shall be lawful to observe the succeeding Monday as such holiday. When the return day of any summons or other court proceedings or any notice or time fixed for holding any court or doing any official act shall fall on any of said holidays, the ensuing secular day shall be taken as meant and intended.(1899, c. 13; 1909, c. 77; 1911, c. 40; Code 1923, c. 15Q; 1927, c. 59.)

§2. When Acts to be Done Fall on Saturday or Sunday; Adjournments From Day to Day.—When a proceeding is directed to take place, or any act to be done on any particular day of the month, if that day falls on Sunday, the next day shall be deemed to be the one intended, and when the day upon which a term of court is directed by law to commence, falls on Saturday or Sunday, the following Monday shall be deemed to be the day intended. When an adjournment is authorized from day to day, an adjournment from Saturday to Monday will be legal.(Code 1849, c. 16, §17; Code 1860, c. 16, §17; Code 1868, c. 13, §13; 1882, c. 143, §13; Code 1923, c. 13, §13.)

§3. Computation of Time.—The time within which an act is to be done shall be computed by excluding the first day and including the last; or if the last be Sunday, it shall also be excluded; but this provision shall not be deemed to change any rule of law applicable to bills of exchange, or negotiable notes.(Code 1849, c. 16, §17; Code 1860, c. 16, §17; Code 1868, c. 13, §12; 1882, c. 143, §12; Code 1923, c. 13, §12.)

§4. Month; Year; Fiscal Year.—In a statute the word “month” shall mean a calendar month, and the word “year” a calendar year; and the word “year” alone shall be equivalent to the expression “year of our Lord.” The fiscal year for the State, all counties, all districts, all municipalities, all school districts, all other political subdivisions, and all bodies or officers, collecting or disbursing public funds, shall begin on the first day of July and end on the thirtieth day of June.(Code 1849, c. 16, §17; Code 1860, c. 16, §17; Code 1868, c. 13, §14; 1882, c. 143, §14; Code 1923, c. 13, §14.)

§5. Acts by Agent or Deputy.—When a statute requires an act to be done by an officer or person, it shall be sufficient if it be done by his agent or deputy, unless it be such as cannot lawfully be done by deputation.(Code 1868, c. 13, §16; 1882, c. 143, §16; Code 1923, c. 13, §16.)

§6. Seals.—When the seal of the State, or of a court, officer or corporation is to be affixed to any paper, an impression of such seal upon the paper shall be sufficient. When the seal of a natural person is required to a paper, he may affix thereto a scroll by way of seal, or adopt as his seal any scroll, written, printed or engraved, made thereon by another.(Code 1849, c. 16, §17; Code 1860, c. 16, §17; Code 1868, c. 13, §15; 1882, c. 143, §15; Code 1923, c. 13, §15.)

§7. Affirmation Equivalent to Oath.—A solemn affirmation shall be equivalent to an oath in all cases, unless otherwise expressly provided, and the word “oath” shall be deemed to include an affirmation and the word “swear” or “sworn” to be complied with if the person referred to make solemn affirmation.(Code 1849, c. 13, §7, c. 16, §17; Code 1860, c. 13, §7, c. 16, §17; Code 1868, c. 13, §11; Code 1923, c. 13, §11.)

§8. Effect of Repeal or Expiration of Law.—The repeal of a law, or its expiration by virtue of any provision contained therein, shall not affect any offense committed, or penalty or punishment incurred, before the repeal took effect, or the law expired, save only that the proceedings thereafter had shall conform as far as practicable to the laws in force at the time such proceedings take place, unless otherwise specially provided; and that if any penalty or punishment be mitigated by the new law, such new law may, with the consent of the party affected thereby, be applied to any judgment pronounced after it has taken effect.(Code 1849, c. 16, §18; Code 1860, c. 16, §18; Code 1868, c. 13, §9; 1882, c. 143, §9; Code 1923, c. 13, §9.)

§9. Repeal of Repealing Act.—When a law which has repealed another is itself repealed, the former law shall not be revived without express words for the purpose.(Code 1868, c. 13, §10; 1882, c. 143, §10; Code 1923, c. 13, §10.)

§10. Rules for Construction of Statutes.—The following rules shall be observed in the construction of statutes, unless a different intent on the part of the legislature be apparent from the context:

(a) A word importing the singular number only may be applied to several persons or things, as well as to one person or thing; a word importing the plural number only may be applied to one person or thing as well as to several; and a word importing the masculine gender only may be applied to females as well as males;

(b) Words purporting to give a joint authority to three or more persons confer such authority upon a majority of them, and not upon any less number;

(c) The words “written” or “in writing” include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. But when the signature of any person is required, it must be in his own proper handwriting, or his mark, attested, proved, or acknowledged;

(d) The words “preceding,” “succeeding” or “following” used in reference to any section or sections of a chapter or statute, means next preceding, next succeeding or next following that in which such reference is made, unless a different interpretation be required by the context;

(e) An officer shall be deemed to have qualified when he has done all that the law required him to do before he proceeds to exercise the authority and discharge the duties of his office;

(f) The words “the governor” are equivalent to “the executive of the State” or “the person having the executive power”;

(g) The word “justice” is equivalent to the words “justice of the peace,” and the word “notary,” to “notary public”;

(h) The word “State,” when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several Territories, and the words “United States” also include the said District and Territories;

(i) The word “person” or “whoever” shall include corporations, societies, associations and partnerships, if not restricted by the context;

(j) The words “personal representative” include the executor of a will, the administrator of the estate of a deceased person, the administrator of such estate with the will annexed, the administrator de bonis non of such estate, whether there be a will or not, the sheriff or other officer lawfully charged with the administration of the estate of a deceased person, and every other curator or committee of a decedent’s estate for or against whom suits may be brought for causes of action which accrued to or against such decedent;

(k) The word “will” embraces a testament, a codicil, an appointment by will or writing in the nature of a will in exercise of a power, also any other testamentary disposition;

(l) The word “judgment” includes decrees and orders for the payment of money or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment;

(m) The words “under disability” include persons under the age of twenty-one years, insane persons, and convicts while confined in the penitentiary;

(n) The words “insane person” include every one who is an idiot, lunatic, non compos or deranged;

(o) The word “convict” shall mean a person confined in the penitentiary of this or any other state, or of the United States;

(p) The word “land” or “lands” and the words “real estate” or “real property” include lands, tenements and hereditaments, and all rights thereto and interests therein except chattel interests;

(q) The words “personal estate” or “personal property” include goods, chattels, real and personal, money, credits, investments and the evidences thereof;

(r) The word “property” or “estate” embraces both real and personal estate;

(s) The word “offense” includes every act or omission for which a fine, forfeiture or punishment is imposed by law;

(t) The expression “laws of the State” includes the Constitution of the State and the Constitution of the United States, and treaties and laws made in pursuance thereof;

(u) The word “town” shall include a city, village or town, and the word “council,” any body or board, whether composed of one or more branches, who are authorized to make ordinances for the government of a city, town or village;

(v) When a council of a town, city or village, or any board, number of persons or corporations, are authorized to make ordinances, by-laws, rules, regulations or orders, it shall be understood that the same must be consistent with the laws of this State;

(w) The words “county court” include any existing tribunal created in lieu of a county court; the words “commissioner of the county court” and “county commissioner” shall be construed to mean, and have reference to, the commissioners, or one of them, composing the county court, in pursuance of section twenty-two of article eight of the Constitution as amended, or any existing tribunal created in lieu of a county court;

(x) The word “horse” shall be construed to embrace a mare and a gelding;

(y) The words “railroad” and “railway” shall be construed by the courts of this State to mean the same thing in law; and, in any proceeding wherein a railroad company or a railway company is a party, it shall not be deemed error to call a railroad company a railway company or vice versa; nor shall any demurrer, plea or any other defense be set up in bar or abatement in a motion, declaration or indictment in consequence of such misdescription;

(z) The sectional headings or headlines of the several sections of this Code printed in black faced type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, or as any part of the statute, and, unless expressly so provided, they shall not be so deemed when any of such sections, including the headlines, are amended or reenacted.(Code 1849, c. 16, §17; Code 1860, c. 16, §17; Code 1868, c. 13, §17; 1882, c. 143, §17; Code 1923, c. 13, §17.)

§11. Repeal of Validating Statutes; Effect.—The repeal by any provision of this Code of a statute validating previous acts, contracts or transactions shall not affect the validity of such acts, contracts or transactions, but the same shall remain as valid as if there had been no such repeal, but no further.