§ 1-2. Definitions and rules of construction generally.

In the construction of this Code, and all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the mayor and board of aldermen:

City. The words "the city" or "this city" shall be construed as if the words "of Tupelo, Mississippi" followed it.

Computation of time. When process shall be required to be served or notice given any number of days, the day of serving the process or of giving the notice shall be excluded and the day of appearance included; and in all other cases when any number of days shall be prescribed one (1) day shall be excluded and the other included. When the last day falls on Sunday, it shall be excluded; but in other cases Sunday shall be reckoned in the computation of time.

State Law reference— Similar provisions, Miss. Code 1972, § 1-3-67.

County. The words "the county" or "this county" shall mean the County of Lee.

Delegation of authority. Whenever a provision requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision designate otherwise.

Gender. Words importing the masculine gender shall include the feminine and neuter.

Month. The word "month" shall mean a calendar month, unless otherwise expressed.

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

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

Person. The term "person," when used in any ordinance, shall apply to artificial as well as natural persons; and when used to designate the party whose property may be the subject of offense, shall include the United States, this state, or any other state, territory, or country, and any county, city, town or village which may lawfully own property in this state, also all public and private corporations, as well as individuals.

State Law reference— Similar provisions, Miss. Code 1972, § 1-3-39.

Personal property. The term "personal property," when used in any ordinance shall include goods, chattels, effects, evidences of rights of action, and all written instruments by which any pecuniary obligation, or any right, title, or interest in any real or personal estate, shall be created, acknowledged, transferred, incurred, defeated, discharged, or diminished.

State Law reference— Similar provisions, Miss. Code 1972, § 1-3-41.

Preceding, following. The words "preceding" and "following" shall mean next before and the next after, respectively.

Property. The term "property" when used in any ordinance includes personal property as defined in this section and also every estate, interest, and right, in lands, tenements, and hereditaments.

State Law reference— Similar provisions, Miss. Code 1972, § 1-3-45.

Real property. The words "real property" shall include lands, tenements and hereditaments.

Shall; may. "Shall" is mandatory; "may" is permissive.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

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

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

Street. The word "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city.

Tenant. The words "tenant" or "occupant" applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

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

Writing. The words "writing" and "written" shall include printing and any other mode of representing words and letters.

Year. The word "year" shall mean a calendar year, unless a contrary intention be expressed.

State law reference

Construction of statutes, Miss. Code 1972, § 1-3-1 et seq.