§ 1-2. Rules of construction and definitions  


Latest version.
  • In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the police jury. The rules of construction and definitions set out herein shall not be applied to any section of this Code which shall contain any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

    Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the police jury may be fully carried out. In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other ordinance, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    Computation of time. In computing a period of time allowed or prescribed by ordinance, the date of the act, event or default after which the period begins to run is not to be included. The last day of the period is to be included. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:

    (1) It is expressly excluded;

    (2) It would otherwise be the last day of the period; or

    (3) The period is less than seven (7) days.

    A half-holiday is considered as a legal holiday.

refmanual

Code of Civ. Proc. Art. 5059, on computation of time, is not applicable to R.S. 18:391A (now R.S. 18:466), which provides the time of filing for candidacy in a primary election. Jones v. LuCaze, 336 So.2d 518 (La. App. 1976).

Gender. Words used in one gender apply also to the other genders.

refstatelaw

Similar provisions, Code of Civ. Proc. Art. 5059; legal holidays, R.S. 1:55.

Similar provisions, R.S. 1:8.

Month. The word "month" shall mean a calendar month.

Nontechnical and technical words. Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the language. Technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Similar provisions, R.S. 1:3.

Number. Words used in the singular number include the plural, and the plural includes the singular.

Similar provisions, R.S. 1:7.

Officers, boards, commissions. Whenever reference is made to officers, boards or commissions by title only, such as "sheriff" or "tourist commission," said reference shall be read as though followed by the words "of Natchitoches Parish, Louisiana."

Or, and. "Or" may be read "and," and "and" may be read "or," if the context of the provision requires it.

Parish. The words "the parish" or "this parish" shall mean the Parish of Natchitoches, Louisiana.

Person. The word "person" shall extend and be applied to a number of persons and to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

Police jury. The term "police jury" shall mean the police jury of Natchitoches Parish, Louisiana.

Property. The word "property" shall include both public and private property, real, personal and mixed, movable and immovable, and corporeal and incorporeal property.

Similar provisions, R.S. 14:2, 47:1702, Code of Civ. Proc. Art. 5251(13).

R.S. The term "R.S." or "Louisiana Revised Statutes" or other words to that effect shall mean the official revised laws of Louisiana, as amended.

Shall, may. The word "shall" is mandatory; the word "may" is permissive.

Similar provisions, R.S. 1:3.

Signature or subscription. "Signature" or "subscription" includes a mark when the person cannot write.

State. The words "the state" or "this state" shall mean the State of Louisiana.

Street. The word "street" shall mean dedicated streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other dedicated public highways in the parish.

Tense. Words used in the past or present tense include the future as well as the past and present.

Week. The word "week" shall be construed to mean seven (7) days.

Year. The word "year" shall mean a calendar year.