Title 1, General Provisions

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…

Law is a rule of property and of conduct prescribed by the sovereign power.

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…

The common law is divided into: 1. Public law, or the law of nations; and 2. Domestic or municipal law.

The evidence of the common law is found in the decisions of the tribunals.

In this state there is no common law in any case in which the law is declared by the code.

All original civil rights are either: 1. Rights of person; or 2. Rights of property.

Rights of property and of person may be waived, surrendered, or lost by neglect in the cases provided by law.

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.

Except as otherwise provided, a majority of any board or commission shall constitute a quorum.

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.

If a form is prescribed, deviations therefrom not affecting the substance or calculated to mislead does not vitiate the form used.

The Roman numerals and the Arabic numerals are deemed parts of the English language.

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.

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…

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.

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.

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.

Notice shall be either actual or constructive.

Actual notice shall consist in express information of a fact.

Constructive notice means notice imputed by the law to a person not having actual notice.

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.

A notice which is false when given is not made valid by the subsequent happening of the event.

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…

The words "usual" and "customary" mean "according to usage".

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…

1. Words of one gender include the other genders. 2. Words used to reference an individual's gender mean the individual's sex.

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.

Words in the present tense include the future.

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…

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.

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…

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…

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…

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…

The rule of the common law that statutes in derogation thereof are to be construed strictly has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be construed…

Words used in any statute are to be understood in their ordinary sense, unless a contrary intention plainly appears, but any words explained in this code are to be understood as thus explained.

Words and phrases must be construed according to the context and the rules of grammar and the approved usage of the language. Technical words and phrases and such others as have acquired a peculiar and appropriate meaning in law, or as are defined by statute, must be construed ac…

The provisions of this code, unless the context otherwise requires, must be construed in person-first language and any new enactments of this code must be written in person-first language.

Whenever there is a conflict between a number expressed in a statute both by figures and written words, the latter shall prevail unless such words obviously are contrary to the legislative intent.

When the wording of a statute is clear and free of all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.

Clerical and typographical errors shall be disregarded when the meaning of the legislative assembly is clear.

A bill or resolution passed by the senate and the house of representatives of the legislative assembly as evidenced by the journals of the senate and house is presumed to be the bill or resolution that is signed by the presiding officers of the senate and house, presented to the …

Whenever a general provision in a statute is in conflict with a special provision in the same or in another statute, the two must be construed, if possible, so that effect may be given to both provisions, but if the conflict between the two provisions is irreconcilable the specia…

Except as otherwise provided in section 1-02-07, whenever, in the same statute, several clauses are irreconcilable, the clause last in order of date or position shall prevail.

1. Whenever the provisions of two or more statutes passed during the same session of the legislative assembly are irreconcilable, the statute latest in date of final passage by the legislative assembly, irrespective of the date on which it was approved or allowed to become law by…

If amendments to the same statute are enacted at the same or different sessions of the legislative assembly, 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, th…

If two or more concurrent resolutions propose to amend or create the same section of the Constitution of North Dakota, and the proposed sections are reconcilable, the legislative council shall prepare a reconciled text and submit it to the secretary of state for inclusion in the …

No part of this code is retroactive unless it is expressly declared to be so.

No source note may be deemed a declaration by the legislative assembly as to the purpose, scope, or effect of any section to which such source note or revisor's note relates.