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Definitions - 1 Pa. Cons. Stat. § 1991Legal Research Home > Pennsylvania Statutes
SUBCHAPTER F
DEFINITIONS OF WORDS AND PHRASES
Sec.
1991. Definitions.
§ 1991. Definitions.
The following words and phrases, when used in any statute
finally enacted on or after September 1, 1937, unless the
context clearly indicates otherwise, shall have the meanings
given to them in this section:
"Action." Any suit or proceeding in any court of this
Commonwealth.
"Administrator." A fiduciary appointed under authority of
law by a register of wills or court to administer the estate of
a decedent.
"Adult." An individual 21 years of age or over.
"Aeronautics." The art and science of transportation by
aircraft including the facilities connected therewith.
"Affidavit." A statement in writing of a fact or facts
signed by the party making it, sworn to or affirmed before an
officer authorized by the laws of this Commonwealth to take
acknowledgments of deeds, or authorized to administer oaths, or
before the particular officer or individual designated by law as
the one before whom it is to or may be taken, and officially
certified to in the case of an officer under his seal of office.
"Aircraft." Any contrivance used or designated for
navigation of, or flight in, or to ascent into, the air, except
a parachute or other contrivance designed and used primarily as
safety equipment.
"Airman." Any member of a crew of an aircraft.
"Airport." Any place, either water or land, which is
designed and used for the taking off and landing of aircraft
including the facilities connected therewith.
"Almshouse." The county home, poorhouse, home for the
destitute, or any other building or place, by whatever title
designated where poor persons are maintained at the public
expense.
"Apiary." Any place where one or more colonies or nuclei of
bees are kept.
"As now provided by law." A reference to the laws in force
at the time when the statute containing the phrase was finally
enacted.
"As provided by law." A reference to the laws in force at
the particular time when the statute containing the phrase is
applied.
"Association."
(1) When used in any statute finally enacted before
December 7, 1994, any form of unincorporated enterprise owned
by two or more persons other than a partnership or limited
partnership.
(2) When used in any statute finally enacted on or after
December 7, 1994, an association as defined in 15 Pa.C.S. §
102 (relating to definitions).
"Attorney at law." An individual admitted to practice law by
a court of record of this Commonwealth.
"Attorney of record." An attorney at law who is entered on
the docket or record of a court as appearing for or representing
a party in a legal proceeding.
"Bequeath." Includes devise.
"Bequest." Includes devise and legacy.
"Bond."
(1) An unconditional written undertaking under seal for
the payment of money, or
(2) a conditional written acknowledgment of being bound
for the payment of money, to become void or effective on the
performance of any act or the occurrence of any event therein
expressed.
"Bridge." Includes the actual bridge and the approaches
thereto, and the substructures and superstructures of both.
"Bulletin." When used in any statute finally enacted on or
after July 31, 1968, the Pennsylvania Bulletin established by
the Commonwealth Documents Law.
"Certified public accountant." An individual licensed under
the laws of this Commonwealth to practice as a certified public
accountant.
"Child" or "children." Includes children by birth or
adoption.
"Commission merchant." One who receives consignments of
personal property to be sold for a commission or other
compensation.
"Commonwealth." The Commonwealth of Pennsylvania.
"Convict." An individual who has been finally convicted of
an indictable offense and is serving sentence in a penal
institution.
"Creditor." One to whom the performance of an obligation is
owed.
"Crime." Any indictable offense.
"Crosswalk." That portion of a highway at an intersection,
or any portion of a highway, clearly indicated for pedestrian
crossing by lines or other markings on the surface.
"Day." The time from midnight to the next midnight.
"Debtor." One who owes to another the performance of an
obligation.
"Decedent." Either a testator or person dying intestate.
"Dental hygienist." An individual licensed under the laws of
this Commonwealth to practice as a dental hygienist.
"Dentist." An individual licensed under the laws of this
Commonwealth to practice dentistry.
"Devise." Includes bequeath when used as a verb and bequest
and legacy when used as a noun.
"Devisee." Includes legatee.
"Doctor of medicine." An individual licensed under the laws
of this Commonwealth to engage in the practice of medicine and
surgery in all its branches.
"Domestic animal." Any equine animal, bovine animal, sheep,
goat and pig.
"Effects." Includes all personal property and any interest
therein.
"Executor." A fiduciary named in a will to execute its
provisions and administer the estate of the testator.
"Factor." One who receives consignments of personal property
to be sold for a commission or other compensation.
"Farm product." Any agricultural, horticultural, vegetable,
fruit, and floricultural product of the soil, livestock and
meats, wool, hides, poultry, eggs, dairy products, nuts,
mushrooms and honey.
"Fiduciary." An executor, administrator, guardian,
committee, receiver, trustee, assignee for the benefit of
creditors, and any other person acting in any similar capacity.
"Final enactment" or "enacted finally." The time when the
procedure required by the Constitution of Pennsylvania for the
enactment of a bill has been complied with.
"Fiscal year." The year by or for which accounts are
reckoned.
"Funeral director." An individual licensed under the laws of
this Commonwealth as a funeral director.
"General election." The election held biennially on the
Tuesday next following the first Monday of November in each
even-numbered year.
"Grantee." One to whom any estate or interest in real
property other than a leasehold passes by conveyance.
"Grantor." One from or by whom any estate or interest in
real property other than a leasehold passes by conveyance.
"Guardian." A fiduciary who legally has the care and
management of the person, or the estate, or both, of another
under legal disability.
"Guardian ad litem." A fiduciary who is appointed to
represent in legal proceedings another under legal disability.
"Healing art." The science of diagnosis and treatment in any
manner whatsoever of disease or any ailment of the human body.
"Hereafter." A reference to the time after the time when the
statute containing such word takes effect.
"Heretofore." A reference to the time previous to the time
when the statute containing such word takes effect.
"Highway." A way or place of whatever nature open to the use
of the public as a matter of right for purposes of vehicular
traffic.
"Individual." A natural person.
"Insane person." An individual of unsound mind.
"Intersection." The area embraced within the prolongation of
the lateral boundary lines of two or more highways which join
one another at an angle whether or not one such highway crosses
the other.
"Issue." As applied to the descent of estates, means all
lawful, lineal descendants of a common ancestor.
"Judicial sale." A sale conducted by an officer or person
authorized for the purpose by some competent tribunal.
"Legacy." Includes devise and bequest.
"Legatee." Includes devisee.
"Legislature." The General Assembly of the Commonwealth of
Pennsylvania.
"Licensed practical nurse." An individual licensed under the
laws of this Commonwealth to practice practical nursing.
"Local authority." When used in any statute finally enacted
on or after January 1, 1975, a municipal authority or any other
body corporate and politic created by one or more political
subdivisions pursuant to statute.
"Lunatic." An individual of unsound mind.
"Majority." When used in reference to age, means of the age
of 21 years or over.
"Medicine and surgery." The art and science having for their
object the cure of diseases of and the preservation of the
health of man, including all practice of the healing art with or
without drugs, except healing by spiritual means or prayer.
"Midwife." An individual licensed under the laws of this
Commonwealth to practice midwifery.
"Minor." An individual under the age of 21 years.
"Money." Lawful money of the United States.
"Month." A calendar month.
"Motor boat." Any boat propelled by any type of internal
combustion motor.
"Motorcycle." Any vehicle of the bicycle or tricycle type
operated by any type of internal combustion motor.
"Motor vehicle." Any self-propelled device in, upon or by
which any person or property is or may be transported or drawn
upon a public highway, except tractors, power shovels, road
machinery, agricultural machinery, and vehicles which move upon
or are guided by a track or trolley.
"Municipality authority" or "municipal authority." A body
corporate and politic created pursuant to the Municipality
Authorities Act of 1935 or to the Municipality Authorities Act
of 1945.
"Municipal corporation."
(1) When used in any statute finally enacted on or
before December 31, 1974, a city, borough or incorporated
town.
(2) When used in any statute finally enacted on or after
January 1, 1975, a city, borough, incorporated town or
township.
"Municipal election." The election held on the Tuesday next
following the first Monday in November in each odd-numbered
year.
"Municipality."
(1) When used in any statute finally enacted on or
before December 31, 1974, a city, borough or incorporated
town.
(2) When used in any statute finally enacted on or after
January 1, 1975, a county, city, borough, incorporated town
or township.
"Nighttime." The time from sunset to sunrise.
"Non compos mentis." Of unsound mind.
"Notary." A notary public.
"Now." In any provision of a statute referring to other laws
in force, or to persons in office, or to any facts or
circumstances as existing, relates to the laws in force, or to
the persons in office, or to the facts or circumstances
existing, respectively, on the effective date of such provision.
"Oath." Includes affirmation.
"Optometrist." An individual licensed under the laws of this
Commonwealth to practice optometry.
"Osteopath." A physician licensed under the laws of this
Commonwealth to practice osteopathy.
"Osteopathic surgeon." A physician licensed under the laws
of this Commonwealth to practice osteopathy and osteopathic
surgery.
"Parking." Suffering a vehicle to stand on any highway while
not actually engaged in a traffic movement nor in taking up or
setting down passengers or merchandise.
"Pedestrian." An individual afoot.
"Person." Includes a corporation, partnership, limited
liability company, business trust, other association, government
entity (other than the Commonwealth), estate, trust, foundation
or natural person.
"Personal representative." The executor or administrator of
a decedent.
"Pharmacist." An individual licensed under the laws of this
Commonwealth to practice as a pharmacist.
"Physician."
(1) When used in any statute finally enacted on or
before April 6, 1951, an individual licensed under the laws
of this Commonwealth to engage in the practice of medicine
and surgery in any or all of its branches;
(2) when used in any statute finally enacted on or after
April 7, 1951 and on or before June 14, 1957, an individual
licensed under the laws of this Commonwealth to engage in the
practice of medicine and surgery in any or in all of its
branches within the scope of the act of June 3, 1911
(P.L.639, No.246) relating to medicine and surgery and its
amendments, or in the practice of osteopathy or osteopathic
surgery within the scope of the act of March 19, 1909
(P.L.46, No.29) and its amendments;
(3) when used in any statute finally enacted on or after
June 15, 1957 and on or before July 19, 1974, an individual
licensed under the laws of this Commonwealth to engage in the
practice of medicine and surgery in all of its branches
within the scope of the act of June 3, 1911 (P.L.639, No.246)
relating to medicine and surgery and its amendments, or in
the practice of osteopathy or osteopathic surgery within the
scope of the act of March 19, 1909 (P.L.46, No.29) and its
amendments;
(4) when used in any statute finally enacted on or after
July 20, 1974 and on or before October 7, 1978, an individual
licensed under the laws of this Commonwealth to engage in the
practice of medicine and surgery in all its branches within
the scope of the act of July 20, 1974 (P.L.551, No.190),
known as the Medical Practice Act of 1974, and its
amendments, or in the practice of osteopathy or osteopathic
surgery within the scope of the prior provisions of the act
of March 19, 1909 (P.L.46, No.29), referred to as the
Osteopathic Practice Law, and its amendments; and
(5) when used in any statute finally enacted on or after
October 5, 1978, an individual licensed under the laws of
this Commonwealth to engage in the practice of medicine and
surgery in all its branches within the scope of the act of
July 20, 1974 (P.L.551, No.190), known as the Medical
Practice Act of 1974, and its amendments, or in the practice
of osteopathic medicine and surgery within the scope of the
act of October 5, 1978 (P.L.1109, No.261), known as the
Osteopathic Medical Practice Act, and its amendments. To the
extent that any statute imposes duties upon or grants powers
to the State Board of Medical Education and Licensure
relating to an individual licensed under the laws of this
Commonwealth to engage in the practice of osteopathic
medicine and surgery, such statute shall be construed to
impose such duties upon and grant such power to the State
Board of Osteopathic Medical Examiners, which board shall
exercise such duties or powers in accordance with the
Osteopathic Medical Practice Act.
"Political subdivision." Any county, city, borough,
incorporated town, township, school district, vocational school
district and county institution district.
"Poultry." Includes all domestic fowl.
"Primary election." Any election at which the members of
qualified political parties nominate their candidates for public
office.
"Professional engineer." An individual licensed under the
laws of this Commonwealth to practice as a professional
engineer.
"Property." Includes both real and personal property.
"Publish" or "published." As applied to the publication of a
newspaper of general circulation means the place where such
newspaper is originally issued and circulated.
"Real estate broker." One licensed under the laws of this
Commonwealth to act as a real estate broker.
"Real estate salesman." An individual licensed under the
laws of this Commonwealth to act as a real estate salesman.
"Registered architect." An individual licensed under the
laws of this Commonwealth to practice architecture.
"Registered mail." When used in any statute finally enacted
before or after September 1, 1937, includes certified mail.
"Registered nurse." An individual licensed under the laws of
this Commonwealth to practice professional nursing.
"Safety zone." The area or space officially set aside within
a highway for the use of pedestrians.
"Signature." Includes mark when the individual cannot write,
his name being written near it, and witnessed by another who
writes his own name.
"Special election." Any election authorized by law, other
than a general, municipal or primary election.
"State." When used in reference to the different parts of
the United States, includes the District of Columbia and the
several territories of the United States.
"Statute." An act of the General Assembly, whether under the
authority of the Commonwealth or of the late Proprietaries of
the Province of Pennsylvania.
"Surveyor." An individual licensed under the laws of this
Commonwealth to practice land surveying.
"Sworn." Includes affirmed.
"Trustee." One in whom some estate, interest or power in or
affecting property of any description is vested for the benefit
of another.
"Undertaker." An individual licensed under the laws of this
Commonwealth to practice as an undertaker, undertaker and
embalmer, embalmer, funeral director or mortician.
"Vehicle." A conveyance in or on which persons or property
may be carried.
"Verified." When used in reference to writings, means
supported by oath or affirmation.
"Veterinarian." An individual licensed under the laws of
this Commonwealth to practice veterinary medicine and surgery.
"Will." Includes codicil.
"Written." Every legible representation of letters or
numerals upon a material substance, except when used in
reference to the signature of an instrument.
"Year." A calendar year.
(Dec. 10, 1974, P.L.816, No.271, eff. imd.; July 9, 1976,
P.L.877, No.160, eff. 60 days; Dec. 18, 1984, P.L.1057, No.207,
eff. imd.; Dec. 18, 1992, P.L.1333, No.169, eff. 60 days; Dec.
7, 1994, P.L.703, No.106, eff. 60 days)
1994 Amendment. Act 106 amended the defs. of "association"
and "person."
1992 Amendment. Act 169 amended the intro. par. and the def.
of "person."
1984 Amendment. Act 207 amended the def. of "physician,"
retroactive to June 11, 1982.
1976 Amendment. Act 160 added the def. of "registered mail."
1974 Amendment. Act 271 added the def. of "local authority"
and amended the defs. of "municipal corporation" and
"municipality."
References in Text. The act of July 20, 1974 (P.L.551,
No.190), known as the Medical Practice Act of 1974, referred to
in the definition of "physician," was repealed by the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985.
Cross References. Section 1991 is referred to in section 102
of Title 34 (Game); section 8401 of Title 53 (Municipalities
Generally).
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