West Virginia Code § 2-2-10

Rules for construction of statutes
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(a) The following terms are defined for this code:
(1) "Convict" means a person confined in a penitentiary or correctional facility of this or any
other state, or of the United States;
(2) "County court" includes any existing tribunal created in lieu of a county commission; the
words "commissioner of the county court" and "county commissioner" mean, and have
reference to, the commissioners, or one of them, composing a county commission in
pursuance of section nine, article IX of the Constitution, as amenuded, or any existing tribunal
created in lieu of a county commission;
(3) "The Governor" is equivalent to "the executive of the state" or "the person having the
executive power"; a
(4) "Judgment" includes decrees and orders for thel 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;
(5) "Land" or "lands" and the words "real estate" or "real property" include lands, tenements
and hereditaments, all rights thereto and interests therein, except chattel interests;
(6) "Laws of the state" includes the Constitution of the State of West Virginia and the
Constitution of the United States, and treaties and laws made in pursuance thereof;
(7) "Minor" mean persons under the age of 18 years;
(8) "Offense" includes every act or omission for which a fine, forfeiture, or punishment is
imposed by law;
(9) W"Person" or "whoever" includes corporations, societies, associations and partnerships,
and other similar legal business organizations;
(10) "Personal estate" or "personal property" includes goods, chattels, real and personal,
money, credits, investments, and the evidences thereof;
(11) "Property" or "estate" embraces both real and personal estate;
(12) "Railroad" and "railway" mean the same thing in law; and, in any proceeding in which a
railroad company or a railway company is a party, it is not an error to call a railroad
company a railway company or vice versa; nor may any demurrer, plea or any other defense
be set up to a motion, pleading, or indictment in consequence of the misdescription;
(13) "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;
(14) "Town" includes a city, village or town, and the word "council", any body or board,
whether composed of one or more branches, which is authorized to make ordinances for the
government of a city, town, or village;
(15) "Written" or "in writing" includes 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 or her own proper handwriting, or his or her mark, attested,
proved, or acknowledged. Unless a provision of this code specifically provides otherwise, an
electronic signature satisfies this signature requirement if the eluectronic signature meets the
requirements of §39A-1-2 of this code;
(b) The following rules shall be observed in the construction of statutes unless a different
intent on the part of the Legislature is expressed: a
(1) A word importing the singular number only mayl be applied to several persons or things,
as well as to one person or thing; a word imposrting 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 malesi;
(2) Words purporting to give joint authority to three or more persons confers authority upon
a majority of them, and not upon any less number;
(3) 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 are
not titles of the sections, or any part of the statute, and, unless expressly so provided, they
are not part of the st atute when the sections, including the headlines, are amended or
reenacted; V
(4) When a council of a town, city, or village, or any board, number of persons, or
corporations, are authorized to make ordinances, bylaws, rules, regulations, or orders, the
same must be consistent with the laws of this state;
(5) An officer has qualified when he or she has done all that is required by law to be done
before proceeding to exercise the authority and discharge the duties of his or her office;
(6) A statute is presumed to be prospective in its operation unless expressly made
retrospective;
(7) Unless there is a provision in a section, article, or chapter of this code specifying that its
provisions are not severable, the provisions of every section, article, or chapter of this code,
whether enacted before or subsequent to the effective date of this subdivision, are severable
so that if any provision of any section, article, or chapter is held to be unconstitutional or
void, the remaining provisions of the section, article, or chapter remain valid, unless the
court finds the valid provisions are so essentially and inseparably connected with, and so
dependent upon, the unconstitutional or void provision that the court cannot presume the
Legislature would have enacted the remaining valid provisions without the unconstitutional
or void one, or unless the court finds the remaining valid provisions, standing alone, are
incomplete and are incapable of being executed in accordance with the legislative intent.
The provisions of this subdivision are fully applicable to all future amendments or additions
to this code, with like effect as if the provisions of this subdivision were set forth in extenso
in every amendment or addition and were reenacted as a part thereof; e
(8) A reference to any section, article, or chapter of this code applies tor all reenactments,
revisions, or amendments thereof;
(9) If a statute refers to a series of numbers or letters, the first and the last numbers or
letters in the series are considered to be included; t
(10) No legislative enactment of a regulatory, noncrimainal nature may be construed to
prohibit a lawful business or business structure in existence and operating in this state prior
to the effective date of the enactment of legislationl prohibiting the operation of such
business or business structure absent an exprsess legislative declaration in the enactment
that the existing business or business structure is prohibited from continuing after the
effective date of the enactment.
(11) Statutes are construed to avoid absurd results;
(12) Statutes are to be read as a whole, in context, and, if possible, the court is to give effect
to every word of the statute; and
(13) When two or more bills amending the same statute are passed during the same session
of the Legislature, th e form of the statute in the enrolled bill passed latest in time shall
control. V

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