In pursuance of the authority vested in me, by section 932 of the Code of Civil Procedure, I, Francis M. Hugo, Secretary of State, hereby certify that the copies of the laws contained in this volume are correct transcripts of the text of the original laws, and in accordance with such section are entitled to be read in evidence. Given under my hand and the seal of office of the Secretary of State, at the Capitol in the City of Albany, this 5th day of July, 1916. [L. S.] FRANCIS M. HUGO, The annotations in this book close with the cases reported in the following volumes: 217 New York 170 Appellate Division 93 Miscellaneous 159 New York Supplement The Supplements will cover decisions from these points. CONSOLIDATORS' NOTES ON THE GENERAL CONSTRUCTION LAW Name It was necessary to change the name of this law from "Statutory Construction Law" to "General Construction Law" to make its designation broad enough to cover provisions in the law relating to the construction of contracts and other instruments, such as sections 25, 31 and 58. The name of a similar law in England is the Interpretation Act, but the word "Interpretation " is not as broad a word as "Construction." The ordinary meaning that attaches to "Interpretation" is the discovery of the meaning of language from the words themselves, while "Construction" involves the discovery of the meaning as applied to certain facts, conditions and circumstances. One writer defines the terms as follows: 66 Interpretation is the art of finding out the true sense of any form of words; that is, the sense which their author intended to convey; and of enabling others to derive from them the same idea which the author intended to convey. Construction is the drawing of conclusions respecting subjects that lie beyond the direct expression of the text, from elements known from and given in the text conclusions which are in the spirit though not within the letter of the text." [Dr. Lieber Legal and Political Hermeneutics, 3d ed., 1880, by Hammond, pp. 11, 44.] - While this distinction between these two terms doubtless exists, it is rarely observed in the actual use of the words and really has but little practical value. Thus Endlich uses the expression "Interpretation" as the title for his book, while Sutherland employs "Construction." The terms are used interchangeably by the courts and text-book writers without drawing any distinction in their application; still there is a difference logically, and as the present law relates to contracts and public and private instruments as well as statutes, and the profession has become accustomed to the broader term, it has been retained as the name for this law. 66 Scope of the Law This law was intended to contain general provisions relating to the construction of statutes. It contains, however, some provisions relating to the construction of contracts, public and private instruments. The law was made applicable to every statute unless its general object, or the context of the language construed, or other provisions of law indicate that a different meaning or application was intended from that required," by the law. (§ 110.) While this provision applies only to statutes, the law itself was intended to apply to contracts and public or private instruments. Section 25, for instance, applies wholly to contracts, while sections 31, 58 and other sections apply to a contract or public or private instrument." While the Statutory Construction Law was intended to provide general rules for construing statutes and contracts, there were attached to many of the general laws construction clauses in most cases identical with those contained in the Statutory Construction Law. This repetition obviously is not The report of the Board of Statutory Consolidation is dated June 26, 1907, and the Consolidated Laws were enacted in 1909. The legislation for 1908 was examined by the board and any changes that affected the laws as reported in 1907 were embodied in the laws as reported by the board to the legislature of 1909. Consolidators' Notes necessary, and in framing the General Construction Law the duplication has been avoided as far as possible. So far as there are any construction clauses in any of the general laws similar to those in the General Construction Law, they have been repealed. The rule followed in framing the General Construction Law was to have each provision embrace all of the construction clauses applicable to the consolidated laws and to insert in the consolidated laws only such special construction clauses as were peculiar to the law. In twenty-nine of the general laws there were no saving or construction clauses, in ten of them there were substantially the same saving clauses, in five there were different saving clauses, in six there were construction clauses which were substantially the same. This want of system has been remedied in compiling the Consolidated Laws and no construction clauses will be found in the separate consolidated laws except where they are peculiar to the law. The following disposition has been made of the construction clauses in the General Laws, the references given being to the sections as they appeared before this consolidation: CIVIL SERVICE LAW, § 29 PT.: "All other acts or parts of acts, whether general, special or local, and all rules, regulations and classifications for appointment or promotion in the civil service of the state or any civil division thereof, inconsistent with the provisions of this act are hereby repealed; provided, however, that any act done or right accruing, accrued or acquired, or liability, penalty, or punishment incurred prior to the passage of this act shall not be affected or impaired; but the same may be asserted, enforced, prosecuted or inflicted as fully, and to the same extent, as if the several acts herein referred to had not been amended or repealed." The portion of section 29 of the Civil Service Law quoted above, from "All other acts" down to the proviso, has been omitted, its purpose having been accomplished. The remainder of the portion quoted is covered by sections 93 and 94 of the General Construction Law. 66 FOREST, FISH AND GAME LAW, § 234: The laws or parts thereof mentioned in the schedule hereto annexed and all acts amendatory thereof or supplemental thereto or inconsistent with this act are hereby repealed; but such repeal shall not affect chapter two hundred and twenty of the laws of eighteen hundred and ninety-seven as amended by chapter one hundred and thirty-five of the laws of eighteen hundred and ninety-eight and chapter six hundred and nineteen of the laws of eighteen hundred and ninety-nine, or affect or impair any right accruing, accrued or acquired, or any liability, penalty or forfeiture incurred under or by virtue of any law so repealed, prior to the time when this act takes effect. And such right, liability, penalty or forfeiture may be asserted or enforced by action, and any criminal act may be prosecuted and punishment inflicted in the same manner and to the same extent as if such law had not been repealed. All actions and proceedings, civil or criminal, commenced under any act either before or after this act takes effect, may be prosecuted and defended in the same manner as if this act had not been passed." This section has been omitted from the Forest, Fish and Game Law as unnecessary. The first clause of this section down to the semicolon is unnecessary, as the "acts amendatory thereof or supplemental thereto" have been expressly repealed by the "Consolidated Laws" and "inconsistent" legislation is also repealed, if not expressly, then by reason of the Forest, Fish and Game Law being a codification of all the statutes of the state on that subject. (168 N. Y. 399; 183 N. Y. 157.) The balance of the sentence and the following sentence are provided for in sections 93, 94 of the General Construction Law. The statutes specifically mentioned have been provided for in Forest, Fish and Game Law. GENERAL CITY LAW, § 170: "The repeal of a law or any part of it specified in the schedule hereto annexed shall not affect or impair any act |