§ 12-4. Construction of amended statute.

168 words·~1 min read·/nc/chapter-12/12-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Where a part of a statute is amended it is not to be considered as having been repealed and reenacted in the amended form; but the portions which are not altered are to be considered as having been the law since their enactment, and the new provisions as having been enacted at the time of the amendment.

Whenever the General Assembly

(i)enacts a bill which purports to amend an existing general statute by deleting, adding, or substituting specific words or figures, and

(ii)such bill also purports to set out the wording of the amended statute, or a portion thereof, as it will read after the amendment is accomplished, and

(iii)there is a variance between the latter and the former, then, in such case, the latter shall control and be presumed to express the amendatory intent of the General Assembly. (1868-9, c. 270, s. 22; 1870-1, c. 111; Code, s. 3766; Rev., s. 2832; C.S., s. 3950; 1971, c. 115.)