Title 1, General Provisions
8 chapters · 160 sections in this title.
N.D.C.C. § 1-01-01 This act - How referred to
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This revision, whenever cited, enumerated, referred to, or amended may be designated as the "North Dakota Century Code". Where the expression "this code" appears therein without explanatory or descriptive language, it means the "North Dakota Century Code" unless the context clear…
N.D.C.C. § 1-01-02 Origin of law
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Law is a rule of property and of conduct prescribed by the sovereign power.
N.D.C.C. § 1-01-03 Expression of law
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The will of the sovereign power is expressed by: 1. The Constitution of the United States. 2. Treaties made under the authority of the United States. 3. Statutes enacted by the Congress of the United States. 4. The constitution of the state. 5. The statutes of the state. 6. The o…
N.D.C.C. § 1-01-04 Common law divided
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The common law is divided into: 1. Public law, or the law of nations; and 2. Domestic or municipal law.
N.D.C.C. § 1-01-05 Evidence of common law
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The evidence of the common law is found in the decisions of the tribunals.
N.D.C.C. § 1-01-06 Code excludes common law
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In this state there is no common law in any case in which the law is declared by the code.
N.D.C.C. § 1-01-07 Classification of civil rights
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All original civil rights are either: 1. Rights of person; or 2. Rights of property.
N.D.C.C. § 1-01-08 Rights of property and person - How waived
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Rights of property and of person may be waived, surrendered, or lost by neglect in the cases provided by law.
N.D.C.C. § 1-01-09 Word defined by statute always has same meaning
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Whenever the meaning of a word or phrase is defined in any statute, such definition is applicable to the same word or phrase wherever it occurs in the same or subsequent statutes, except when a contrary intention plainly appears.
N.D.C.C. § 1-01-10 Quorum
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Except as otherwise provided, a majority of any board or commission shall constitute a quorum.
N.D.C.C. § 1-01-11 Authority of deputies
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Any duty imposed upon a ministerial officer, and any act permitted to be done by that officer, unless otherwise provided, may be performed by that officer's lawful deputy.
N.D.C.C. § 1-01-12 Variation from prescribed form
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If a form is prescribed, deviations therefrom not affecting the substance or calculated to mislead does not vitiate the form used.
N.D.C.C. § 1-01-13 Numerals
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The Roman numerals and the Arabic numerals are deemed parts of the English language.
N.D.C.C. § 1-01-14 Degrees of care
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There are three degrees of care and of diligence mentioned in this code, namely, slight, ordinary, and great. Each of the last two includes any lesser degree or degrees.
N.D.C.C. § 1-01-15 Degrees of care and diligence - Definition
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Slight care or diligence means such as a person of ordinary prudence usually exercises about that person's own affairs of slight importance. Ordinary care or diligence means such as a person usually exercises about that person's own affairs of ordinary importance. Great care or d…
N.D.C.C. § 1-01-16 Degrees of negligence
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There are three degrees of negligence mentioned in this code, namely, slight, ordinary, and gross. Each of the last two includes any lesser degree or degrees.
N.D.C.C. § 1-01-17 Degrees of negligence - Definition
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Slight negligence shall consist in the want of great care and diligence, ordinary negligence, in the want of ordinary care and diligence, and gross negligence, in the want of slight care and diligence.
N.D.C.C. § 1-01-19 Debtor and creditor - Definition
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Except as otherwise defined and used in title 13, everyone who owes to another the performance of an obligation must be called a debtor and the one to whom that person owes it must be called a creditor.
N.D.C.C. § 1-01-22 Notice - Classification
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Notice shall be either actual or constructive.
N.D.C.C. § 1-01-23 Actual notice - Definition
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Actual notice shall consist in express information of a fact.
N.D.C.C. § 1-01-24 Constructive notice - Definition
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Constructive notice means notice imputed by the law to a person not having actual notice.
N.D.C.C. § 1-01-25 What deemed constructive notice
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Every person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact and who omits to make such inquiry with reasonable diligence is deemed to have constructive notice of the fact itself.
N.D.C.C. § 1-01-26 False notice cannot become valid
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A notice which is false when given is not made valid by the subsequent happening of the event.
N.D.C.C. § 1-01-31 Usage - Definition
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Usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that th…
N.D.C.C. § 1-01-32 Usual and customary - Definition
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The words "usual" and "customary" mean "according to usage".
N.D.C.C. § 1-01-33 Year - Month - Week - Definition - Fraction of day disregarded
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The word "week" means seven consecutive days and the word "month" a calendar month. The word "year" means twelve consecutive months. Fractions of a year are to be computed by the number of months; thus, half a year is six months. Fractions of a day are to be disregarded in comput…
N.D.C.C. § 1-01-34 Gender - Definition
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1. Words of one gender include the other genders. 2. Words used to reference an individual's gender mean the individual's sex.
N.D.C.C. § 1-01-35 Singular - Definition
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Words used in the singular number include the plural and words used in the plural number include the singular, except when a contrary intention plainly appears.
N.D.C.C. § 1-01-35.1 Tense
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Words in the present tense include the future.
N.D.C.C. § 1-01-37 Written and printed - Definition
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The words "writing" and "written" include "typewriting" and "typewritten", and "printing" and "printed", except in the case of signatures and when the words are used by way of contrast to typewriting and printing. Writing may be made in any manner, except that when a person entit…
N.D.C.C. § 1-01-38 Seal - Definition
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When the seal of a court, public officer, or person is required by law to be affixed to any process, commission, paper, or instrument, the word "seal" includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto.
N.D.C.C. § 1-01-39 When this code governs
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The provisions of this code, so far as they relate to procedure, or alleviate the punishment to be imposed upon conviction in any case, govern in all criminal actions in any way prosecuted or tried after the date upon which it takes effect, whether the offense was committed befor…
N.D.C.C. § 1-01-44 Successive weeks construed
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Whenever in any act or statute of the state of North Dakota providing for the publication of a notice the phrase "successive weeks" is used, the word weeks must be construed to mean calendar weeks, and the publication upon any day in a week is sufficient publication for that week…
N.D.C.C. § 1-01-49 Other general definitions
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As used in this code, unless the context otherwise requires or unless otherwise defined: 1. "Children" includes children by birth and by adoption. 2. "Coal" means all kinds of coal and includes what is known as lignite coal. 3. "Compound interest" means interest added to the prin…
N.D.C.C. § 1-01-50 Filing or presentation of petitions - Time limit
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Whenever in this code provision is made for the filing or presentation of a petition with or to any officer or governing body or board of the state or any agency, instrumentality, or political subdivision thereof as a prerequisite to the calling of an election, or the performance…