1991 - Definitions.
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 6109 of Title 18 (Crimes and Offenses); section 102 of Title 34 (Game); section 8401 of Title 53 (Municipalities Generally).