REVISERS' NOTE. The main object of this chapter is to state once and to make applicable to all statutes, various rules of statutory construction, now scattered, with frequent repetition, through many statutes, with an application usually limited in each case to the particular statute in which the rule appears. Thus the word "folio" is now defined in almost precisely the same language in three different statutes: (1) By the code of civil procedure, section 3343, subdivision 24, as used in the code; (2) by revised statutes, part III, chapter 10, title 17, section 4, as used in that chapter; (3) by revised statutes, part IV, chapter 2, title 8, section 16, as used in that title. (See post, pp. 1391, 1394.) When used elsewhere than in these three statutes, the word folio still remains undefined. One definition of the word folio is made applicable to all statutes by section 11 of this chapter, and the three existing definitions are repealed. It will be noticed that terms used are explained, rather than precisely defined. What may be included is given without the use of precise language necessarily excluding other meanings. The following are the leading changes proposed in the substance of the law by this chapter: 1. The word "seal," or the letters "L. S.," following a signature, are made a sufficient seal. (§ 13.) 2. Years and fractions of a year are made computable by months instead of by days. (§§ 23 and 24.) 3. An undertaking is declared to be a compliance with the statutes requiring the execution of a bond. (§ 16.) 4. The repeal of a repealing statute hereafter will not revive the prior statute repealed, and the repeal of an amendatory statute will leave the prior statute in force, unless the amendatory statute is a substantial re-enactment of the prior statute. (§ 28.) By article 1, section 17 of the Constitution, the common law, the acts of the legislature of the colony of New York and "the resolutions of the Congress of the said colony, and of the convention of the State of New York," which have not expired, been repealed or altered, are declared to be the law of this state, subject to such alterations as the legislature shall make concerning the same. The acts of the legislature of the colony were declared not to be laws of this state, by laws 1828, chapter 21, section 4. The "resolutions of the Congress of the colony and of the convention of the State," which still remain nominally the law of the state, have long since been superseded, and can be found in only a few libraries, and are declared not to be the law of this state hereafter, (§ 27.) 1376 THE STATUTORY CONSTRUCTION LAW. AN ACT relating to the construction of statutes constituting chapter one of the general laws. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER I OF THE GENERAL LAWS. THE STATUTORY CONSTRUCTION LAW. SECTION 1. Short title; extent of application. 2. Property. 3. Real property. 4. Personal property. 5. Person. 6. Judge. 7. Lunacy; insanity; idiocy. 8. Gender; number; tense. 9. Heretofore; hereafter; now. 10. Last; preceding; next; following. 12. Writing; signature. 13. Seal. 14. Oath; affidavit; swear. 15. Acknowledge; acknowledgment. 16. Bond; undertaking. 17. Board composed of one person. 18. Meeting; quorum; powers of majority. 19. County clerk; register. 20. Village. 21. State. 22. Public holiday; half-holiday. 23. Year. 24. Month. 25. Day; mode of computing days; night-time. 1-4 SECTION 26. Standard time. 1 27. Laws of England and of the colony of New York. 29. Re-enactment of prior statutes in a revision. 31. Time of taking effect. SECTION 1. Short title; extent of application. This chap2 ter shall be known as the statutory construction law, 3 and comprises rules of construction applicable to every 4 statute unless its general object, or the context of the 5 language construed, or other provisions of law indicate 6 that a different meaning was intended from that required 7 to be given by this chapter. 1 (New.) § 2. Property. The term property includes real and 2 personal property. 1 Code Civ. Pro., § 3343, sub. 8. Penal Code, § 718, sub. 9. (Post, pp. 1393, 1395.) $ 3. Real property.-The term real property includes 2 real estate, lands, tenements and hereditaments, cor3 poreal and incorporeal, a lien, charge or incumbrance 4 thereon, and any estate, right or intérest therein or 5 appurtenant thereto. 1 Code Civ. Pro., § 3343, sub. 6. Penal Code, § 718, sub. 14. (Post, pp. 1393, 1395.) § 4. Personal Property.-The term personal property 2 includes chattels, money, things in action, and all writ3 ten instruments themselves, as distinguished from 4 the rights or interests to interests to which they relate, by 5 which any right, interest, lien or incumbrance in. 6 to or upon property, or any debt or financial obliga7 tions created, acknowledged, evidenced, transferred, 5-8 8 discharged or defeated, wholly or in part, and every9 thing, except real property, which may be the subject of 10 ownership. 1 Code Civ. Pro., § 3343, sub. 7. § 5. Person. The term person includes à corporation 2 and a joint-stock-corporation. When used to designate a 3 party whose property may be the subject of any offense, 4 the term person also includes the state, or any other 5' state, government or country which may lawfully own 6 property in the state. 1 § 6. Judge. The term judge includes every judicial 2 officer authorized, alone or with others, to hold or preside 3 over a court of record. 1 See Code Civ. Pro., § 3343, sub. 3, not to be repealed. § 7. Insanity; lunacy; idiocy.- Insanity is unsound2 ness of mind, and includes lunacy and idiocy. The 3 terms insane and insane person include a lunatic and an 4 idiot. The terms lunatic and lunacy include every kind 5 of insanity except idiocy. 1 Code Civ. Pro., § 3343, sub. 15. (Post, p. 1394.) § 8. Gender; number; tense.- Words of the mascu2.line gender include the feminine and the neuter, and 3 may refer to a corporation, or to a board or other body 4 or assemblage of persons, and when the sense so indi5 cates, words of the neuter gender may refer to any 6 gender. |