Tense — Gender — Number of Words

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  5. Tense — Gender — Number of Words

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  1. Words used in this code in the past or present tense include the future, and the future tense includes the present.
  2. Words importing the masculine gender include the feminine and neuter, except when the contrary intention is manifest.
  3. Singular includes the plural and the plural the singular, except when the contrary intention is manifest.

Code 1858, § 50; Shan., § 62; mod. Code 1932, § 14; modified; T.C.A. (orig. ed.), § 1-304.

Cross-References. English deemed official and legal language, §4-1-404.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Statutes, § 23.

Attorney General Opinions. Senate Bill 1085/House Bill 1111, 110th Gen. Assem. (2017), which would codify one of the most basic canons of statutory construction, the “ordinary-meaning canon,” could be construed as a violation of the separation-of-powers doctrine embodied in the Tennessee Constitution.  In construing certain statutes with gender-limiting words, a court would likely apply the very specific gender-inclusive requirements of T.C.A. §1-3-104(b) rather than the very general “ordinary meaning” requirements of the proposed legislation.   OAG 17-29, 2017 Tenn.AG LEXIS 28 (4/13/2017).


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