Pennsylvania Consolidated Statutes

GENERAL PROVISIONS (TITLE 1)

PART V. STATUTORY CONSTRUCTION

CHAPTER 15. GENERAL PROVISIONS

§ 1501. Short title of part.
§ 1502. Application of part.
§ 1503. Applicability of colonial law.
§ 1504. Statutory remedy preferred over common law.

§ 1501. Short title of part.

This part shall be known and may be cited as the "Statutory Construction Act of 1972."

§ 1502. Application of part.

(a) Direct application.

1. Except as otherwise provided in this part, the provisions of this part shall apply to the following unless the General Assembly or the agency adopting the document shall provide otherwise:
   (i) Every statute finally enacted on or after September 1, 1937.
   (ii) Every document codified in the Pennsylvania Code except legislative, judicial and home rule charter documents.
2. The provisions of this chapter and of Chapter 17 of this title (relating to effective date of statutes) shall apply to every statute enacted by the General Assembly, whether under the authority of the Commonwealth or of the late Proprietaries of the Province of Pennsylvania.

(b) Other applications.- The provisions of this part shall apply to any public document to the extent such document refers to and incorporates therein the provisions of this part. The provisions of this part other than this chapter and Chapter 17 of this title (relating to effective date of statutes) shall apply to statutes finally enacted before September 1, 1937 to the extent that this part substantially reenacts or restates rules of construction enacted or in force prior to such date.

§ 1503. Applicability of colonial law.

(a) English law.- The common law and such of the statutes of England as were in force in the Province of Pennsylvania on May 14, 1776 and which were properly adapted to the circumstances of the inhabitants of this Commonwealth shall be deemed to have been in force in this Commonwealth from and after February 10, 1777.

(b) Provincial statutes.- The statutes enacted on or before May 14, 1776 under the authority of the late Proprietaries of the Province of Pennsylvania have the same validity and effect as statutes enacted under the authority of this Commonwealth.

(c) Exceptions.- The rules specified in subsections (a) and (b) of this section shall not be applicable to any statute or law which:

1. has been heretofore or is hereafter amended or repealed or which has expired by its own limitation;
2. orders the taking or subscribing any oath, affirmation or declaration of allegiance or fidelity to the British crown;
3. acknowledges any authority in the heirs or devisees of William Penn, Esq., deceased, the former Governor of the Province of Pennsylvania, or any other person whomsoever as Governor of the Province of Pennsylvania; or

4. is repugnant to the Constitution of this Commonwealth or of the United States.

§1504. Statutory remedy preferred over common law.

In all cases where a remedy is provided or a duty is enjoined or anything is directed to be done by any statute, the directions of the statute shall be strictly pursued, and no penalty shall be inflicted, or anything done agreeably to the common law, in such cases, further than shall be necessary for carrying such statute into effect.

The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.

Visit/Return to Home Page of Pennsylvania District Court 15-4-04.