YSC, TITLE 1. GENERAL
PROVISIONS
Chapter 2:
Uniform Statutory
Construction of
Legislation
§201.
Uniform statutory construction of legislation.
§202. Common and technical
usage.
§203.
Singular and plural.
§208.
Computation of time.
§211.
Conflict in the expression of numbers.
§212.
Intentions in the enactment of statutes.
§213.
Statutes presumed prospective.
§214.
Aids in construction of ambiguous statutes.
§215.
Severability of statutory provisions.
§216.
Special or local provision prevails over general.
§217.
Irreconcilable statutes passed at the same or different
session.
§218.
Original controls over subsequent printing.
§219. Continuation of prior
law.
§220.
Statutory references.
§221.
Reference to a series.
§222.
Multiple amendments to the same provision, one without reference to the other.
§223.
Repeal of repealing statute.
§224.
Effect of amendment or repeal upon rights and upon
obligations.
§201. Uniform statutory
construction of legislation.
This chapter shall be
known and may be cited as the "Uniform Statutory Construction of
Legislation Act" and shall apply to all Yap State Laws now and hereafter enacted
by the Legislature and to rules and regulations adopted under
them.
Source: YDC §1003, modified.
§202. Common and
technical usage.
Words and phrases shall be read in context
and construed according to the rules of grammar and common usage. Words
and phrases that have acquired a technical or particular meaning, whether by
legislative definition or otherwise, shall be construed
accordingly.
Source: YDC §1004, modified.
§203. Singular and
plural.
The singular includes the plural, and the
plural includes the singular.
Source: YDC §1005, modified.
§204.
Gender.
Words of one gender include the other
gender.
Source: YDC §1006.
§205.
Tense.
Words in the present tense include the
future.
Source: YDC §1007.
§206.
Week.
The word "week" means
seven consecutive days.
Source: YDC §1008.
§207.
Year.
The word "year" means
twelve consecutive months.
Source: YDC §1009, modified.
§208. Computation of
time.
(a) In computing a period of days, the first day is excluded and the last day is included.
(b) If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.
(c) If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
Source: YDC §1010, modified.
§209. Joint
authority.
A grant of authority to three or more
persons as a public body confers the authority upon a majority of the number of
members fixed by statute.
Source: YDC §1011, modified.
§210.
Quorum.
A quorum of a public body is a majority of
the number of members fixed by statute, except that a quorum of the Legislature
is two-thirds (2/3) of the members.
Source: YDC §1012, modified.
Cross-reference: The constitutional
provision on the quorum of the Legislature is found in Yap Const., Art. V, Sect. 13. That section states: "Two-thirds of the members of the Legislature shall constitute a quorum for the conduct of ordinary business of which quorum a majority vote shall suffice, but the final passage of a bill or resolution shall require a vote of two-thirds of the members and entered upon its journal. A smaller number than a quorum may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the Legislature may provide".
§211. Conflict in the
expression of numbers.
If there is a conflict
between figures and words in expressing a number, the word
governs.
Source: YDC §1013, modified.
§212. Intentions in the
enactment of statutes.
In enacting a statute, it
is presumed that:
(a) The entire statute is intended to be effective;
(b) A just and reasonable result is intended;
(c) A result feasible of execution is intended; and
(d) Public interest is favored over any private interest.
Source: YDC §1014, subsection (a) omitted, subsequent subsections re-lettered, and section modified.
Cross-reference: The constitutional
provision on Supremacy is found in Yap Const., Art. I, Sect. 1. That section states: "This Constitution is the supreme law of the State. An act of government in conflict with this Constitution is invalid to the extent of conflict".
Commission Comment: The provisions of subsection (a) are omitted as obsolete and all subsequent subsections are re-lettered accordingly.
§213. Statutes presumed
prospective.
A statute is presumed to
be prospective in its operation unless expressly made
retrospective.
Source: YDC §1015.
§214. Aids in
construction of ambiguous statutes.
If a statute is ambiguous,
a court of the State of Yap, in determining the intention of the Legislature,
may consider among other matters:
(a) The object sought to be attained;
(b) The circumstances under which the statute was enacted;
(c) The legislative history;
(d) The common law or former statutory provisions, including laws upon the same or similar subjects;
(e) The consequences of a particular construction;
(f) The administrative construction of the statute; and
(g) The preamble.
Source: YDC §1016, modified.
Cross-reference: The constitutional
provisions on the Judiciary are found in Yap Const., Art. VII. The statutory provisions on the Judiciary are found in Title 4 of this Code.
Commission Comment: The term "the Court" is changed to "a court of the State of Yap".
§215. Severability of
statutory provisions.
If any provision of a
statute or the application thereof to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of the
act which can be given effect without the invalid provision or application, and
to this end the provisions of the statute are severable.
Source: YDC §1017, modified.
§ 216. Special or local
provision prevails over general.
If a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.
Source: YDC §1018, modified.
§217. Irreconcilable
statutes passed at the same or different session.
If statutes enacted at the same or different sessions of the Legislature are irreconcilable, the statute latest in date of enactment prevails.
Source: YDC §1019, modified.
§218. Original controls
over subsequent printing.
If the language of the official copy of a statute conflicts with the language of any subsequent printing or reprinting of the statute, the language of the official copy prevails.
Source: YDC §1020, modified.
§219. Continuation of prior
law.
A statute which is reenacted, revised or amended is intended to be a continuation of the prior statute and not a new enactment, insofar as it is the same as the prior statute.
Source: YDC §1021, modified.
§220. Statutory
references.
A reference to any portion of a statute applies to all reenactments, revisions, or amendments thereof.
Source: YDC §1022, modified.
§221. References to a
series.
If a statute refers to a series of numbers or letters, the first and the last numbers or letters are included.
Source: YDC §1023, modified.
§222. Multiple amendments
to the same provision, one without reference to the
other.
If amendments to the same statute are enacted at the same or different sessions of the Legislature, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are irreconcilable the latest in date of enactment prevails.
Source: YDC §1024, modified.
§223. Repeal of repealing
statute.
The repeal of a repealing statute does not revive the statute originally repealed or impair the effect of any saving clause therein.
Source: YDC §1025, modified.
§224. Effect of amendment
or repeal upon rights and upon obligations.
(a) The reenactment, revision, amendment, or repeal of a statute does not, except as provided by subsection (b) of this section:
(1) Affect the prior operation of the statute or any prior action taken thereunder;
(2) Affect any validation, cure, right, privilege, obligation, or liability previously acquired, occurred, accorded, or incurred thereunder;
(3) Affect any violation thereof or penalty, forfeiture, or punishment incurred in respect thereto, prior to the amendment or repeal; or
(4) After any investigation, proceeding, or remedy in respect of any privilege, obligation, liability, penalty, forfeiture, or punishment and the investigation, proceeding, or remedy may be instituted, continued, or enforced, and the penalty, forfeiture, or punishment imposed, as if the statute had not been repealed, or amended.
(b) If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment, revision, or amendment of statute, the penalty, forfeiture, or punishment (if not already imposed) shall be imposed according to the statute as amended.
Source: YDC §1026, modified.
§225. Numbering of
laws.
Each approved Act of the Legislature shall be known as a "Yap State Law" and upon its becoming law, be assigned an official numerical designation by the Governor, which designation shall be the cardinal number representing the Legislature which passed the Act, followed by a hyphen, followed by the cardinal number indicating in what order the particular Act of the specified Legislature became law, as: "1-1" for the first Act that becomes law of the First Legislature of the State of Yap.
Source: YDC §1029, modified.
Cross-reference: The statutory provision
on the numbering of Yap State Code sections is found in section 102 of chapter 1 of this title. The statutory provisions on the Legislature are found in Title 2 of this Code.