Georgia General Assembly

“ The intention of the General Assembly is the cardinal guide to a construction of statutes, and when it is plainly collected, it should be carried into effect, though contrary to the literal sense of terms. ”

“ Statute not construed literally where legislative purpose defeated.—An exception to the general rule that the use of plain and unequivocal language in a legislative enactment obviates any necessity for judicial construction is presented by the use of words the meaning of which in general acceptation is apparently obvious, and yet the purpose of the General Assembly would be defeated were the words employed construed literally. ”

“ Where there is apparent conflict between different sections of same statute, the duty of a court is to reconcile them, if possible, so as to make them consistent and harmonious with one another, and if they cannot be so reconciled, the one which best conforms to the legislative intent must stand. ”

“ Where to construe an Act of the General Assembly in a particular way would, while hewing to its literal terms, result in defeating the obvious legislative purposes and intent, such construction will not be given where an obvious typographical or clerical error can be corrected so as to carry out the intent. ”

“ Courts cannot construe plain statutes.—If a statute is plain and susceptible of but one construction, the courts have no authority to place a different construction on it, but must apply it according to its terms. ”

“ When section plain and positive, court cannot construe legislative intent.—Just as is the rule in construing statutes, where a section is plain, unambiguous, and positive, and is not capable of two constructions, the court is not authorized to construe it according to what is supposed to be the intention of the General Assembly. ”

“ Courts of last resort must frequently construe the language of a statute, but they may not substitute by judicial interpretation language of their own for the clear, unambiguous language of the statute, so as to change the meaning. ”

“ Bank share tax to be construed so as to be constitutional.—Where the construction of the bank share tax must be reconsidered to determine its constitutionality the court should construe this statute so as to render it constitutional, rather than declare the entire act unconstitutional. ”

“ Larger and more extensive statutory expression controls.—Where a particular expression in one part of a statute is not so extensive or large in its import as other expressions in the same statute, it must yield to the larger and more extensive expression, where the latter embodies the real intent of the General Assembly. ”

“ Provision as to time as directory.—Where a statute directs the doing of a thing in a certain time, without any negative words restraining the doing of it afterwards, generally the provision as to time is directory and not a limitation of authority, and in such case, where no injury appears to have resulted, the fact that the act was performed after the time limit will not render it invalid. ”

“ While all parts of a statute should be preserved, yet a cardinal rule of construction is that the legislative intent shall be effectuated, even though some verbiage may have to be eliminated. The legislative intent should prevail over the literal import of the words. ”

“ Plain and ordinary meaning.—It is a fundamental principle of statutory construction that the court must give words their plain and ordinary meaning, pursuant to O. C. G. A. § 1—3—1 (b) ; therefore, because O. C. G. A. § 9—12—61 recites explicitly that revival of a dormant judgment may be accomplished by “an action” within three years of when the judgment became dormant, not by “a judgment” within that time period, the General Assembly intended that dormant judgments could be revived during a three year period thereafter by bringing an action into existence, i. e., filing an action. ”

“ In computing the time prescribed for the exercising of a privilege or the discharge of a duty, only the first or the last day shall be counted. One or the other, however, must be counted, and it is not intended that both may be left out of the computation. First Nat’l Bank v. Mann, 211 Ga. 706, 88 S. E. 2d 361 (1955) (decided prior to 1985 amendment providing that the first day not be counted but that the last day shall be counted) .
Sunday is not a day in law. ”

“ Construction cannot render statute meaningless.—Because the purpose of O. C. G. A. § 17—6—72 (d) (1) was remedial and had to therefore be construed in favor of the surety, in interpreting the statute and avoiding a meaningless result the trial court properly allowed a surety a remission of 50 percent of the bond amount after the surety filed its application for the bond at any time within 30 days following the expiration of the two-year period following the date of judgment. ”

“ If accused can admit all accusations of indictment and still be innocent, indictment is defective. Every indictment must be complete within itself, and charge a crime and every substantial element of the offense alleged to be committed. ”

“ Although a statute does not undertake to define each of the words contained therein, this will not automatically render the statute vague, indefinite, or uncertain in meaning, since the ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter. Anderson v. Little & Davenport Funeral Home, 242 Ga. 751, 251 S. E. 2d 250 (1978) .
Every word employed should be expounded in its plain, obvious, and commonsense meaning unless something else furnishes ground to control, qualify, or enlarge it. ”

“ Each case involving judicial transaction of sections stands on own facts.—A section involving civil law is frequently a compendium of the legal technique involved in the subject matter in question. The translation of sections is reflected by the courts in decisions rendered relative to the sections and are sometimes seemingly paradoxical, but a sincere student of the law will be able to readily discern and agree that in many fields of law each case must stand upon its own facts. ”

“ Unclear tax statute construed against state and in citizen’s favor.—If a statute levying taxes is not clear and positive in its terms, or if it is open to different interpretations through the indefiniteness of its provisions, it is to be construed most strongly against the state and in favor of the citizen or subject, and its provisions are not to be extended, by implication, beyond the clear import of the language used. ”

“ It is general rule that tax laws are strictly construed against government and in favor of the citizen (Georgia Paper Stock Co. v. State Tax Bd., 174 Ga. 816, 164 S. E. 197 (1932) ) ; but the cardinal rule is to ascertain the intention of the General Assembly in passing the legislation. ”

“ In all interpretations of statutes, the courts shall look diligently for the intention of the General Assembly, keeping in view at all times the old law, the evil, and the remedy. Grammatical errors shall not vitiate a law. ”

“ In construing conflicting legitimation statutes, which permitted a jury trial (O. C. G. A. § 19—7—22) , with paternity statute, which expressly prohibited a jury trial (O. C. G. A. § 19—7—40) , and due to the fact that the two proceedings were consolidated, the legislative ban on jury trials provided for in the paternity statute had to prevail as to hold otherwise would allow a party to thwart the paternity statute’s goals of identifying the father and making sure the father paid child support. ”

“ Construction of a statute must square with common sense and sound reasoning. Blalock v. State, 166 Ga. 465, 143 S. E. 426 (1928) .
Language in an ordinance will be given a reasonable and sensible interpretation in order to carry out the legislative intent and render an ordinance valid. ”

“ Where the language of an Act is plain and unequivocal, judicial construction is not only unnecessary but is forbidden. City of Jesup v. Bennett, 226 Ga. 606, 176 S. E. 2d 81 (1970) .
Certain express requirements must be spelled out in statute.—A county historic preservation commission’s decision was not void because the commission did not have seven members as required by an ordinance. Neither the ordinance nor the Historical Preservation Act, O. C. G. A. § 44—10—20 et seq., provided that failure to have seven active members invalidated a decision ”

“ A substantial compliance with any statutory requirement, especially on the part of public officers, shall be deemed and held sufficient, and no proceeding shall be declared void for want of such compliance, unless expressly so provided by law.
(d) In addition to the rules for construction prescribed in subsections (a) through (c) of this Code section, the rules provided in this subsection shall govern the construction of all statutes with respect to the subjects enumerated.
(1) Bonds. When a bond is required by law, an undertaking in writing, without seal, is sufficient ”

“ Construction which renders ordinance or resolution valid preferred.—In construing an ordinance or resolution of a governmental unit, if the language is susceptible of more than one construction, that construction is preferred which will render it valid rather than invalid. ”

“ Intention of the General Assembly, when discovered, shall prevail. Akin v. Freeman, 49 Ga. 51 (1873) .
Statutes are not contracts, and it is intent of the General Assembly and not of any other “party” which is decisive in their construction. City of Fitzgerald v. Newcomer, 162 Ga. App. 646, 291 S. E. 2d 766 (1982) .
When intention is ascertained, it governs, and mere letter of statute must yield to spirit. ”

“ When person knows of suit, should attend at court’s first term.—When a person knows that one is sued, it would be well for the person to find out about any mistake in the process and attend at the first term of the court. ”

“ Tax assessor board can act in absence of one member.—A board of tax assessors consisting of three members and sitting in accordance with former Code 1933, § 92—6911 (see now O. C. G. A. § 48—5—297) can legally act in the absence of one of its members; the absence of a member could be for “any reason.” ”

“ When last day Saturday.—When, in a condemnation proceeding, the tenth day following an assessor’s award falls on a Saturday and the condemnee files an appeal two days thereafter, the entry of a judgment only two days after the award was filed is premature; a condemnee, having exercised the condenmee’s right to appeal, is entitled to have a jury determine the value of the property taken or the amount of damage done. ”

“ Code Section 45—16—11; provided, however, that if a county’s population decreases according to a more recent census below its population according to an earlier census, then, notwithstanding any other provision of law, any officer who is compensated under a law specified in this subparagraph and who is in office on the date specified in this subparagraph shall continue during his or her entire tenure in such office (including any future terms of office in such office) to be compensated on the basis of the county’s population according to such earlier census ”

“ Where a writ of mandamus absolute issues against the members of a board of education, requiring them to perform certain acts in their official capacity, and a majority of such board file a writ of error to the Supreme Court, a majority of the board have the right to withdraw or dismiss, pending final disposition, the writ of error. ”