reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:7 - Parties in Interest.

677:7 Parties in Interest. –
Any person whose rights may be directly affected by the outcome of the appeal may appear and become a party, or the court may order such persons to be joined as parties as justice may require.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:8 - Filing Certified Record.

677:8 Filing Certified Record. –
Upon the filing of an appeal, the clerk of court shall issue a summons requiring a certified copy of the record appealed from to be filed with the court.
Source.
1983, 447:1. 2014, 204:45, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:9 - Restraining Order.

677:9 Restraining Order. –
The filing of an appeal shall not stay any enforcement proceedings upon the decision appealed from, and shall not have the effect of suspending the decision of the zoning board of adjustment or local legislative body. However, the court, on application and notice, for good cause shown, may grant a restraining order.
Source.
1983, 447:1. 1995, 243:5, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:10 - Evidence; How Considered.

677:10 Evidence;  How Considered. –
All evidence transferred by the zoning board of adjustment or the local legislative body shall be, and all additional evidence received may be, considered by the court regardless of any technical rule which might have rendered the evidence inadmissible if originally offered in the trial of an action at law.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:11 - Judgment.

677:11 Judgment. –
The final judgment upon every appeal shall be a decree dismissing the appeal, or vacating the order or decision complained of in whole or in part, as the case may be; but, in case such order or decision is wholly or partly vacated, the court may also, in its discretion, remand the matter to the zoning board of adjustment or local legislative body for such further proceedings, not inconsistent with the decree, as justice may require.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:12 - Appeals to Court: Certifying Record.

677:12 Appeals to Court:  Certifying Record. –
An order of court to send up the record may be complied with by filing either the original papers or duly certified copies thereof, or of such portions thereof as the order may specify, together with a certified statement of such other facts as show the grounds of the action appealed from.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:13 - Hearing.

677:13 Hearing. –
The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with the referee's findings of fact and conclusions of law.
Source.
1983, 447:1. 1995, 243:6, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:14 - Costs.

677:14 Costs. –
Costs shall not be allowed against the municipality unless it shall appear to the court that the zoning board of adjustment acted in bad faith or with malice or gross negligence in making the decision appealed from.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:16 - Court Review.

677:16 Court Review. –
Any person aggrieved by a decision of the designated building code board of appeals may appeal the decision to the superior court for the county, and said court shall make such orders as justice may require.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:17 - Appeal When Zoning Ordinance Exists.

677:17 Appeal When Zoning Ordinance Exists. –
Any person or persons jointly or severally aggrieved by a decision of the historic district commission shall have the right to appeal that decision to the zoning board of adjustment in accordance with the provisions of RSA 676:5 and RSA 677:1-14.
Source.
1983, 447:1. 1987, 256:6, eff. July 17, 1987.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:18 - Appeal When no Zoning Ordinance Exists.

677:18 Appeal When no Zoning Ordinance Exists. –
In municipalities which do not have a zoning board of adjustment, motions for rehearing and appeals from decisions of the historic district commission shall be governed by the applicable provisions of RSA 677:1-14.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:19 - Subsequent Amendment.

677:19 Subsequent Amendment. –
Whenever an appeal to the superior court is initiated under this chapter and the court finds that the ordinance, or section thereof, upon which the board of adjustment, board of appeals, or local legislative body based its decision was invalid at the time such appeal was initiated, or that the application should have been approved but the ordinance was amended to prohibit the type of project applied for during the pendency of the appeal, notwithstanding the fact that the ordinance may have been amended to remove the invalidity subsequent to the initiation of the appeal or that the type of project applied for is no longer permitted, as the case may be, the court shall, upon request of the petitioner, issue an order approving the application, provided that the court finds the application complies with valid zoning and subdivision regulations existing at the time of the application.
Source.
1989, 381:2, eff. Aug. 4, 1989.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:20 - Fee Shifting and Posting of Bond.

677:20 Fee Shifting and Posting of Bond. –
I. Whenever an appeal to the superior court is initiated under this chapter, the court may in its discretion require the person or persons appealing to file a bond with sufficient surety for such a sum as shall be fixed by the court to indemnify and save harmless the person or persons in whose favor the decision was rendered from damages and costs which he or she may sustain in case the decision being appealed is affirmed.
II. In any appeal initiated under this chapter the court may, subject to the provisions of this paragraph or any other provision of law, award attorney's fees and costs to the prevailing party. Costs and attorney's fees shall not be allowed against a local land use board unless it shall appear to the court that the board, in making the decision from which the appeal arose, acted with gross negligence, in bad faith, or with malice. Costs and attorney's fees shall not be allowed against the party appealing from the decision of a local land use board unless it shall appear to the court that said party acted in bad faith or with malice in appealing to court.
Source.
2022, 272:77, eff. Aug. 23, 2022.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 678 - Community Services and Care Planning Boards › Section 678:1 - Declaration of Purpose and Findings.

678:1 Declaration of Purpose and Findings. –
The general court hereby finds and declares that:
I. New Hampshire has a rich history of neighbors helping neighbors and residents of municipalities actively participating and organizing themselves to take care of their fellow residents and improve their communities. It also serves the public good and general welfare for the state to support, maintain, and strengthen these locally-based practices and traditions.
II. There is a critical need for the proper and continuous assessment of the community service needs of all residents and the development of local plans, projects, support systems, and other mechanisms to enhance the public health, prosperity, quality of life, safety, and general welfare of all citizens.
Source.
2008, 20:1, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 678 - Community Services and Care Planning Boards › Section 678:3 - Establishment of Community Services and Care Planning Boards.

678:3 Establishment of Community Services and Care Planning Boards. –
I. The legislative body of any municipality may establish a community services and care planning board.
II. The community services and care planning board shall consist of no fewer than 3 and no more than 9 members who shall be residents of the municipality, and appointed in a manner as prescribed by the legislative body of the municipality.
III. No more than 5 alternate members may be appointed. When an alternate sits in the absence or the disqualification of a regular member, the alternate shall have full voting powers. Members of a community services and care planning board may also serve on other municipal boards and commissions, including a conservation commission established under RSA 36-A, a historic district commission established under RSA 673:4, or a heritage commission established under RSA 673:4-a.
Source.
2008, 20:1, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 678 - Community Services and Care Planning Boards › Section 678:5 - Terms of Board Members.

678:5 Terms of Board Members. –
Terms of board members shall be 3 years, except that all vacancies shall be filled for the unexpired term. In the first year of a community services and care planning board's existence, members shall be appointed to the following terms: at least one member to a one-year term, at least one member to a 2-year term, and at least one member to a 3-year term.
Source.
2008, 20:1, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 678 - Community Services and Care Planning Boards › Section 678:6 - Abolishment of Board.

678:6 Abolishment of Board. –
I. The local legislative body of a city, of a county in which there are located unincorporated towns or unorganized places, or of a town operating under the town council form of government, shall determine the manner in which the board may be abolished.
II. In all other towns, upon a petition to abolish the board, signed by 100 or more voters or 1/10 of the registered voters in town, whichever number is less, the board shall submit the proposal to the town or village district in the same manner prescribed in RSA 675:4.
III. The question put to the voters shall be in substantially the following form: "Are you in favor of abolishing the community services and care planning board as proposed by petition of the voters of this town (village district)?"
Source.
2008, 20:1, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 678 - Community Services and Care Planning Boards › Section 678:7 - Transfer of Documents Upon Abolition of Board.

678:7 Transfer of Documents Upon Abolition of Board. –
If the board is abolished, the records shall be transferred to the city or town clerk.
Source.
2008, 20:1, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:1 - Board Established.

679:1 Board Established. –
There is hereby established a housing appeals board, hereinafter referred to as the board, which shall be composed of 3 members who shall individually and collectively be learned and experienced in questions of land use law or housing development or both. At least one member shall be an attorney licensed to practice law in the state of New Hampshire, and at least one member shall be either a professional engineer or land surveyor. The members of the board shall be full-time employees and shall not engage in any other employment, appointments, or duties during their terms that is in conflict with their duties as members of the board.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:2 - Appointment; Term; Chair.

679:2 Appointment;  Term;  Chair. –
The members of the board shall be appointed by the supreme court and commissioned by the governor for a term of 5 years and until their successors are appointed and qualified; provided, however, that any vacancy on the board shall be filled for the unexpired term. The initial members of the board shall serve staggered terms of 3, 4, and 5 years. The supreme court shall designate one member as chair to serve in that capacity for the duration of his or her term.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:3 - Removal.

679:3 Removal. –
Any member may be removed by the same authority for inefficiency, neglect of duty, or malfeasance in office; but, before removal, the member shall be furnished with a copy of the charges and have an opportunity to be heard in defense.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:4 - Compensation.

679:4 Compensation. –
Each member of the board shall receive the annual salary prescribed by RSA 94:1-a and reasonable expenses, including transportation, subject to the approval of the governor and council.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:5 - Authority; Duties.

679:5 Authority;  Duties. –
I. It shall be the duty of the board and it shall have power and authority to hear and affirm, reverse, or modify, in whole or in part, appeals of final decisions of municipal boards, committees, and commissions regarding questions of housing and housing development. This includes, but is not limited to:
(a) Planning board decisions on subdivisions or site plans.
(b) Board of adjustment decisions on variances, special exceptions, administrative appeals, and ordinance administration.
(c) The use of innovative land use controls.
(d) Growth management controls and interim growth management controls.
(e) Decisions of historic district commissions, heritage commissions, and conservation commissions.
(f) Other municipal permits and fees applicable to housing and housing developments.
(g) Matters subject to the board's authority may include mixed-use combinations of residential and nonresidential uses. Such different uses may occur on separate properties, provided such properties are all part of a common scheme of development.
II. In exercising its authority under this chapter, the board shall have the power to award all remedies available to the superior courts in similar cases, including permission to develop the proposed housing.
III. Relative to RSA 674:58 through RSA 674:61, the board shall have the power and authority to hear and determine appeals of decisions of local land use boards regarding proposals for workforce housing, including but not limited to whether the municipality's land use ordinances and regulations provide a reasonable and realistic opportunity for the development of workforce housing; whether the local land use board has imposed conditions of approval that render the proposal economically unviable; and whether a denial by a local land use board was unreasonable or unlawful.
IV. After local remedies have been exhausted, appeals may be brought before the board by an applicant to the municipal board, committee, or commission, or by any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15. The municipality shall be a party to the action. If the applicant is not the party initiating the action before the board, then the applicant shall automatically be an intervenor. The board shall grant intervenor status to abutters and to any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:6 - Timing of Appeals and Board Proceedings.

679:6 Timing of Appeals and Board Proceedings. –
I. Appeals shall be filed with the board within 30 days of the final decision of a municipal board, committee, or commission. At the same time an appeal is filed with the board, the applicant shall notify the municipal board, committee, or commission of such appeal.
II. The municipal board, committee, or commission shall within 30 days of receipt of such notice submit to the board a certified record of its proceedings on the matter subject to the appeal.
III. The board shall hold a hearing on the merits within 90 days of its receipt of a notice of appeal.
IV. The board shall make a decision on an appeal within 60 days after conducting a hearing on the merits.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:7 - Jurisdiction; Court Appeals.

679:7 Jurisdiction;  Court Appeals. –
I. In matters within its authority the board shall have concurrent, appellate jurisdiction with the superior court. An election by any party to bring an action before the board shall be deemed a waiver of any right to bring an action in the superior court, but shall not abrogate any party's right to appeal decisions of the board to the supreme court; as such, the board shall retain jurisdiction of any matter originally brought before it. At any time during an appeal to the board, if the board determines that it does not have jurisdiction to hear the appeal, the appellant shall have 30 days to file an appeal with the superior court.
II. In an appeal of a local decision on housing or housing development, any claim that is within the board's authority under RSA 679:5 and that has previously been or is subsequently included in an appeal in superior court by another party to the decision or by any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15 shall automatically be stayed by the court to provide the party with standing the opportunity to intervene in the matter before the board. If intervenor status is granted, the stay of the court action regarding those claims shall continue during the pendency of the appeal to the board. After the board has decided the appeal, the court shall dismiss the matter before it to the extent the matter has been resolved by the board. Any claim included in an appeal to superior court that is not within the board's authority shall not be subject to automatic stay by the court.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:8 - Quorum; Disqualification; Temporary Members.

679:8 Quorum;  Disqualification;  Temporary Members. –
I. In all matters a majority of the board shall constitute a quorum to transact business.
II. No member of the board shall represent a party or testify as an expert witness or render any professional service for any party or interest before the board, and any member having an interest in the subject matter shall be disqualified to act therein.
III. If, in the event of a disqualification or temporary disability of a member or members of the board, it shall become necessary to do so, the board, subject to the approval of the supreme court, shall appoint such number of temporary board members as shall be necessary to meet the requirements herein imposed. Such temporary board members shall serve with respect to such matter until the same has been fully disposed of before the board.
IV. Temporary board members shall have the same qualifications as regular board members in whose place they are acting.
V. A temporary board member shall be compensated at the rate of $75 for each day devoted to the work of the board and shall be reimbursed the necessary and reasonable expenses incurred by him or her in the performance of his or her duties.
VI. In the event of a vacancy on the board, the appellant may elect to continue the proceedings while awaiting the appointment of a successor board member.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:9 - Hearing Procedure; Standard of Review.

679:9 Hearing Procedure;  Standard of Review. –
I. Appeals to the board shall be consistent with appeals to the superior court pursuant to RSA 677:4 through RSA 677:16. Appeals shall be on the certified record, and except in such cases as justice may warrant, in the sole discretion of the board, no additional evidence will be introduced. Consistent with the contested case provisions of RSA 541-A, the rules of evidence shall not strictly apply. In addition to the provisions of RSA 91-A, the board shall record the proceedings of any hearing before it and shall make such recording available to the public for inspection and recording from the date of the hearing to a date which is 15 working days after the board has made a final decision on the matter which is the subject of the hearing, or, if an appeal is made from such decision, the date upon which the matter has been finally adjudicated, whichever date is later.
II. The board shall not reverse or modify a decision except for errors of law or if the board is persuaded by the balance of probabilities, on the evidence before it, that said decision is unreasonable.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:10 - Representation by Nonattorneys.

679:10 Representation by Nonattorneys. –
Nonattorneys, including professional engineers, architects, and land surveyors, may represent any party before the board. Nothing in this section shall prevent the board from denying representation by any individual it deems to be improper, inappropriate, or unable to adequately represent the interests of the applicant to the municipal board, committee, or commission.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:11 - Board Meetings.

679:11 Board Meetings. –
The board's deliberative processes in adjudicatory proceedings held pursuant to RSA 541-A shall be exempt from the public meeting and notice provisions of RSA 91-A. Decisions and orders in adjudicatory proceedings shall be publicly available, but only after they have been reduced to writing, signed by a quorum of the board, and served upon the parties, and shall set forth the board's rulings of law and findings of fact in support of its decisions. Discussions and actions by the board concerning procedural, administrative, legal, and internal matters shall be exempt from the meeting and notice provisions of RSA 91-A:2.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:12 - Rules and Regulations.

679:12 Rules and Regulations. –
The board may adopt rules under RSA 541-A necessary for carrying out its functions including but not limited to rules of procedure to be followed in hearings conducted by it not inconsistent with the provisions of this chapter.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:13 - Administration of Oaths, Subpoenas, Etc.; Fees.

679:13 Administration of Oaths, Subpoenas, Etc.;  Fees. –
The board shall have authority to administer oaths and to compel the attendance of witnesses to proceedings before it. The board shall have the power to subpoena and subpoena duces tecum. Witnesses compelled to appear shall be paid the same fee and mileage that are paid to witnesses in the superior court of the state. A subpoena or subpoena duces tecum of the board may be served by any person designated in the subpoena or subpoena duces tecum to serve it. Any testimony given by a person duly sworn shall be subject to the pains and penalties of perjury. All applications or petitions to the board for which no filing fee has been otherwise specified by statute shall be accompanied by a $250 filing fee. Costs and attorney's fees may be taxed as in the superior court.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:14 - Notice.

679:14 Notice. –
The board shall serve notice in writing of the time, place, and cause of any hearing upon all parties at least 20 days prior to the date of the hearing.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:15 - Appeal.

679:15 Appeal. –
Decisions of the board may be appealed to the supreme court by any party in accordance with the provisions of RSA 541 as from time to time amended.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:16 - Enforcement of Decisions.

679:16 Enforcement of Decisions. –
After a decision of the board becomes final, the board shall, at the request of any party, file a certified abstract thereof in the Merrimack county superior court. The clerk of said court shall forthwith enter judgment thereon and such judgment may be enforced as with any final judgment of the superior court.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:17 - Staff.

679:17 Staff. –
The board shall have such clerical, administrative, and technical staff as may be necessary within the limits of the appropriation made therefor.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:18 - Office.

679:18 Office. –
The board shall be provided with an office in Concord in which its records, documents, and books shall be kept, and with a suitable room in which it may hold hearings.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 679 - Housing Appeals Board › Section 679:19 - Neglect to Comply With Board's Orders.

679:19 Neglect to Comply With Board's Orders. –
Neglect or failure on the part of any municipality to comply with such orders shall be deemed willful neglect of duty, and it shall be subject to the penalties and damages provided by law in such cases.
Source.
2019, 346:260, eff. July 1, 2020.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-1 - General rules of construction

1:1-1. General rules of construction
In the construction of the laws and statutes of this state, both civil and criminal, words and phrases shall be read and construed with their context, and shall, unless inconsistent with the manifest intent of the legislature or unless another or different meaning is expressly indicated, be given their generally accepted meaning, according to the approved usage of the language. Technical words and phrases, and words and phrases having a special or accepted meaning in the law, shall be construed in accordance with such technical or special and accepted meaning.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-2a - "Present war" and similar phrases

1:1-2a. "Present war" and similar phrases
Unless it be otherwise expressly provided or there is something in the subject or context repugnant to such construction, the following words, phrases and clauses, namely: "present war," "present war emergency," "the existing state of war," "present defense emergency," when used or named within this State in any manner whatsoever with relation to a period of time shall mean so long as the United States of America continues in the present wars with the governments of Japan, Germany and Italy, or any of them, and until the making of a treaty or treaties of peace concluding all of said wars.
L.1942, c. 72, p. 314, s. 1, eff. May 2, 1942.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-2b - "Blighted area" and "renewal area"

1:1-2b. "Blighted area" and "renewal area"
The term "blighted area" as defined and used in the statutes of this State may also be designated as a "renewal area" and the terms "blighted area" and "renewal area" may be used interchangeably in all ordinances, resolutions, determinations and official actions taken by governmental bodies and agencies in connection with projects and programs for the clearance, planning, development or redevelopment of areas pursuant to law.
L.1967, c. 16, s. 1, eff. March 13, 1967.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-2.1 - Seal; sealed

1:1-2.1. Seal; sealed
Every instrument, to which it is required or permitted by law that a seal be attached, shall be deemed to be sealed when there is affixed thereto, or printed, impressed or marked thereon a scroll or other device by way of a seal, and no such instrument shall be impeached or questioned for lack of a wax seal. This section shall apply to sealings by corporations as well as individuals; but any sealing required or permitted by law of a public officer, board, body or commission having an official seal shall be by the impress of such official seal.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-2.2 - Surety; sureties

1:1-2.2. Surety; sureties
When a bond, recognizance, guarantee or obligation is required or permitted to be given by any law, or by any charter, ordinance, rule or regulation of any county, municipality, school district, board, body, organization, court or public officer, with surety or sureties or security, including freehold security, for the performance of any act, duty or obligation or the refraining from the doing of any act, the same may be executed as surety or sureties by any company or corporation authorized to carry on the business specified in paragraph "g" of section 17:17-1 or authorized to transact such business in this state by section 17:32-1 of the title Corporations and Institutions for Finance and Insurance, with the operation and effect provided and prescribed by chapter 31 of said title (s. 17:31-1 et seq.).
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-2.3 - Time; standard time

1:1-2.3. Time; standard time
The standard time of this State shall be the time of the seventy-fifth meridian west from Greenwich, and wherever time is named within this State, in any manner whatsoever, it shall be deemed and taken to be such standard time, except that the standard time of this State shall be 1 hour in advance of such prescribed time from 2:00 A.M. on the last Sunday in April until 2:00 A.M. on the last Sunday in October in each year, and except where otherwise expressed.
Amended by L.1946, c. 97, p. 320, s. 1; L.1947, c. 77, p. 454, s. 1; L.1955, c. 47, p. 164, s. 1, eff. June 6, 1955.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-2.5 - Notice or communication required to be sent, taken, or transmitted out of United States; Acts of Congress to control

1:1-2.5. Notice or communication required to be sent, taken, or transmitted out of United States; Acts of Congress to control
Whenever, by the terms of (a) any present or future statute or law of this State; (b) any present or future ordinance, rule, regulation or requirement of any State, municipal, legislative, executive, administrative or other public body, commission, bureau, agency, officer or public authority of this State; (c) any present or future rule, practice, order, judgment or decree of any court or of any judicial authority of this State; (d) any present or future charter, certificate of incorporation, by-law or resolution of any corporation organized or subject to the laws of this State; (e) any present or future contract, agreement or undertaking of any person, firm, association or corporation to which the laws of this State are applicable; or (f) as a condition precedent to the taking of any action, the granting of any relief, the holding of any meeting or the doing of anything under or pursuant to any such statute, law, ordinance, rule, regulation, requirement, practice, order, judgment, decree, charter, certificate of incorporation, by-law, resolution, contract, agreement, or undertaking; any notice or other communication is or shall be required to be sent, taken or transmitted out of the United States, then any such requirement for sending, taking or transmitting any such notice or other communication is dispensed with in so far as the sending, taking or transmitting or attempting to send, take or transmit any such notice or other communication is or shall be prohibited under any present or future Act of Congress or under any rules, regulations, proclamations or executive orders made by authority of any said Act or in so far as such sending, taking or transmitting or attempting so to do shall require the obtaining of a license or consent under any said Act or rules, regulations, proclamations or executive orders made by authority of any said Act; and any action of any kind which has been or hereafter shall be taken, any relief which has been or hereafter shall be granted, any meeting which has been or hereafter shall be held and anything which has been or hereafter shall be done without sending, taking or transmitting or attempting to send, take or transmit or without obtaining or attempting to obtain a license or consent to send, take or transmit any such notice or other communication under any said Act, rules, proclamation or executive orders made by authority of any said Act shall have the same force and effect as if such notice or other communication had been sent, taken or transmitted as provided in any such statute, law, ordinance, rule, regulation, requirement, practice, order, judgment, decree, charter, certificate of incorporation, by-law resolution, contract, agreement or undertaking.
L.1942, c. 131, p. 415, s. 1, eff. May 6, 1942.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-3 - Effect of definitions on treaties, compacts, or agreements

1:1-3. Effect of definitions on treaties, compacts, or agreements
Definitions of words and phrases applicable to statutes generally shall not be so construed as either to limit or enlarge any provision in any treaty, compact or agreement between this state and any other state or the United States, including treaties, compacts or agreements created by, embodied in or resulting from concurrent, complementary or reciprocal legislation.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-3.1 - Definition applicable to amendment of, or supplement to, statute

1:1-3.1. Definition applicable to amendment of, or supplement to, statute
Any definition contained in any statute shall be applicable to any amendment of, or supplement to, such statute.
L.1960, c. 187, p. 780, s. 2.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-3.2 - Repeal of repealing statute

1:1-3.2. Repeal of repealing statute
The repeal of any statute or section of any statute, which statute or section repealed another statute or section of a statute, shall not of itself revive such other statute or section.
L.1960, c. 187, p. 784, s. 14.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-3.3 - Reference to revised statute

1:1-3.3. Reference to revised statute
Any reference in any statute to any other statute, which is revised by a revision law, shall, after the effective date of such revision law, be construed to be a reference to the section or sections, if any, of the revision law corresponding in substance to, or superseding, the section or sections of the statute so revised and so referred to.
L.1960, c. 187, p. 784, s. 15.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-4 - Construction as continuation of heretofore existing laws

1:1-4. Construction as continuation of heretofore existing laws
The provisions of the Revised Statutes, not inconsistent with those of prior laws, and the provisions of any revision law not inconsistent with those of any of the laws revised therein, shall be construed as a continuation of such prior laws.
Amended by L.1960, c. 187, p. 780, s. 4.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-5 - Classification and arrangement; effect on construction

1:1-5. Classification and arrangement; effect on construction
The classification and arrangement of the several sections of the Revised Statutes have been made for the purpose of convenience, reference and orderly arrangement, and therefore no implication or presumption of a legislative construction is to be drawn therefrom.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-5.1 - Citation of, pleading or otherwise referring to legislation contained in Revised Statutes or New Jersey Statutes

1:1-5.1. Citation of, pleading or otherwise referring to legislation contained in Revised Statutes or New Jersey Statutes
The legislation contained within any title, subtitle, part, chapter, article, section or group of sections of these Revised Statutes or of the New Jersey Statutes may be cited, pleaded or otherwise referred to by reference to such title, subtitle, part, chapter, article, section or group of sections of the "Revised Statutes" or the "New Jersey Statutes" containing such legislation, as the case may be; and the use of the words "Revised Statutes" or "New Jersey Statutes" shall have the same effect as if the legislative title, under which these Revised Statutes or the New Jersey Statutes were adopted and the approval date thereof had been used.
In any citation the abbreviation "R.S." shall be equivalent to "Revised Statutes," and "N.J.S." shall be equivalent to "New Jersey Statutes" and sections of these Revised Statutes or the New Jersey Statutes may be cited by section number only preceded by the appropriate abbreviation.
In any citation of legislation contained in the New Jersey Statutes which has been printed in the Pamphlet Laws, there shall be superadded the chapter number and year of the Pamphlet Laws in which the same was published (P.L.19 , c. ).
Amended by L.1960, c. 187, p. 780, s. 5, eff. Jan. 18, 1961.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-6 - Outlines, analyses and headnotes not part of statutes

1:1-6. Outlines, analyses and headnotes not part of statutes
In the construction of the Revised Statutes, or of any statute or any part thereof, no outline or analysis of the contents of any title, subtitle, chapter, article or other part thereof, no cross reference or cross reference note and no headnote or source note to any section thereof shall be deemed to be a part of the Revised Statutes or such statute.
Amended by L.1960, c. 187, p. 781, s. 6.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-7 - References to titles, subtitles, chapters, articles and sections

1:1-7. References to titles, subtitles, chapters, articles and sections
All references in the Revised Statutes or in any other statute to titles, subtitles, chapters, articles or sections are to the titles, subtitles, chapters, articles or sections of the Revised Statutes, or of such other statute, as the case may be, unless they are otherwise designated in such statute and such references to titles, subtitles, chapters or articles, without further description or limitation as to sections, shall be construed to refer to all the sections contained within the titles, subtitles, chapters or articles or statute to which such references are made.
Amended by L.1960, c. 187, p. 781, s. 7.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-8 - Inclusive references

1:1-8. Inclusive references
References in the Revised Statutes or in any statute to more than 1 title, subtitle, chapter, article, section or other division of the Revised Statutes or of any other statute, in series, shall be taken to include both the first and last numbers referred to.
Amended by L.1960, c. 187, p. 781, s. 8.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-9 - References to repealed or superseded statutes

1:1-9. References to repealed or superseded statutes
If any statute or part of any statute, which is repealed or superseded by the enactment of any statute or of the Revised Statutes or of the New Jersey Statutes, is in substance re-enacted therein, a reference in any other statute to such repealed or superseded statute or to any section or sections thereof shall be deemed to be a reference to such re-enacted statute, or to the section or sections thereof, which supersede or correspond in substance to the section or sections so referred to, as the case may be.
Amended by L.1960, c. 187, p. 782, s. 9.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-10 - Partial unconstitutionality

1:1-10. Partial unconstitutionality
If any title, subtitle, chapter, article or section of the Revised Statutes, or of any statute or any provision thereof, shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such title, subtitle, chapter, article, section or provision shall, to the extent that it is not unconstitutional, invalid or inoperative, be enforced and effectuated, and no such determination shall be deemed to invalidate or make ineffectual the remaining titles, subtitles, chapters, articles, sections or provisions.
Amended by L.1960, c. 187, p. 782, s. 10.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-11 - Acts done, rights acquired, etc., under repealed acts not affected by repeal

1:1-11. Acts done, rights acquired, etc., under repealed acts not affected by repeal
The repeal, by the enactment of
a. the Revised Statutes,
b. the New Jersey Statutes, or
c. any other revision law,
of any statute or part of any statute, shall not in any way affect, impair or invalidate any act done or right or limitation vested or accrued, or any bonds issued, or taxes or assessments of any kind levied or imposed, or any tax sale had, or in any way annul, invalidate, take away, impair, limit, disturb or affect any right, title, estate, privilege, immunity or power or conveyance in, to or of either real or personal property, acquired, given, conferred, had or made under or by virtue of, or validated by, any statute or part of any statute so repealed.
Amended by L.1960, c. 187, p. 782, s. 11.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-12 - Effect of enactment of Revised Statutes upon existing offices, etc., and the incumbents thereof

1:1-12. Effect of enactment of Revised Statutes upon existing offices, etc., and the incumbents thereof
No office, position or employment, created and existing at the time when the Revised Statutes shall become effective, under or by virtue of any statute then in force, shall be abolished nor shall the tenure, term or salary of any incumbent thereof be in any manner affected by the enactment of the Revised Statutes; but such office, position or employment shall continue and be held in all other respects subject to the provisions relating thereto contained in the Revised Statutes.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-13 - Existing boards, commissions and public bodies continued

1:1-13. Existing boards, commissions and public bodies continued
No board, commission or public body, established pursuant to any referendum or otherwise and existing at the time when the Revised Statutes shall become effective, under any statute then in force, shall be abolished by the enactment of the Revised Statutes, and the inclusion in the Revised Statutes, by compilation, revision or otherwise, of any such act of the legislature or of the substance thereof, shall not be construed to authorize or require the reestablishment or reorganization of any such board, commission or public body.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-13.1 - Successors to members of existing boards; terms

1:1-13.1. Successors to members of existing boards; terms
The inclusion in the Revised Statutes of the provisions, or the substance of the provisions, of any statute, in force at the time when the Revised Statutes shall become effective, for the appointment or election of the first members of any board, commission or other public body for unequal or staggered terms, in order to accomplish the expiration of the terms of office of the various members thereof at different times, shall not be construed to require or authorize the reorganization of any such board, commission or public body or the appointment of the successors of the members of any such commission, board or public body, then in office, to such unequal terms but in every such case such members shall continue to hold their offices for the terms for which they respectively were appointed or elected and, upon the expiration of their respective terms, their respective successors in office shall be appointed for the full terms of office otherwise provided for by the Revised Statutes.
2023 New Jersey Revised Statutes › Title 1 - Acts, Laws and Statutes › Section 1:1-14 - Effect of Revised Statutes and acts hereafter passed upon actions or proceedings commenced prior to the effective date of such legislation

1:1-14. Effect of Revised Statutes and acts hereafter passed upon actions or proceedings commenced prior to the effective date of such legislation
No action, proceeding or matter of any kind whatsoever of a civil nature begun in any of the courts of this state or before any body, board or tribunal whatsoever at the time when the Revised Statutes shall become effective or at the time any act hereafter enacted shall become effective, by virtue, or under authority, of any act or part of any act repealed by the enactment of the Revised Statutes, or by any act hereafter enacted, shall be abated or discontinued because of such repeal; but the same may and shall be prosecuted to final judgment, decree or decision in accordance with the practice and procedure in force at the time when such action or proceeding was begun, except that where the course of practice or procedure for the enforcement of a right, or the prosecution of a suit, shall be changed, actions now pending, or hereafter begun shall be conducted as near as may be in accordance with such altered practice or procedure.