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ACTS

RELATIVE TO

THE REVISED STATUTES.

AN ACT concerning the Revised Statutes.

PASSED December 10, 1828. The People of the State of New-York, represented in Senate and Assembly, do declare and enact as follows:

3 1. The act passed on the fourth day of December, one First part thousand eight hundred and twenty-seven, entitled “An act vised Statconcerning the territorial limits and divisions, the civil polity, utes. and the internal administration of this state,” 'consisting of twenty Chapters, shall be known and distinguished as the First Part of the Revised Statutes.

S 2. The act passed at the present meeting of the legislature Second part entitled "An act relative to the acquisition, the enjoyment and the transmission of property, real and personal; to the domestic relations, and other matters connected with private rights,” consisting of eight Chapters, the first of which was passed at the present meeting of the legislature, and the other Chapters were passed on the fourth day of December, one thousand eight hundred and twenty-seven, shall be known and distinguished as the Second Part of the Revised Statutes.

S 3. The act passed at the present meeting of the legislature, Third part. entitled "An act concerning courts and ministers of justice, and proceedings in civil cases,” consisting of ten Chapters, shall be known and distinguished as the Third Part of the Revised Statutes.

S 4. The act passed at the present meeting of the legislature, Fourth part entitled “An act concerning crimes and punishments; proceedings in criminal cases; and prison discipline,” consisting of three Chapters, shall be known and distinguished as the Fourth Part of the Revised Statutes.

eflect in

1828

Chapters $ 5. The following Chapters and parts of Chapters, of the which took said First Part of the Revised Statutes, as originally passed, January, are declared to have commenced and taken effect on the first

day of January, one thousand eight hundred and twentyeight, viz.:

1. Chapter six, entitled “Of elections, other than for militia and town officers :"

2. Chapter eight, entitled “Of the duties of the executive officers of the state, and of various matters connected with their respective departments:"

3. Chapter nine, entitled “Of the funds, revenue, expenditures and property of the state, and the administration thereof," except section one hundred and eighty-six, of the ninth Title thereof, originally passed as section one hundred and eightyone, which section shall take effect on the first day of January, one thousand eight hundred and twenty-nine; and the forfeiture therein mentioned, shall not take effect until six months after the said section shall be in force as a law.

4. Chapter ten, entitled “Of the militia and the public defence:"

5. Chapter thirteen, entitled “Of the assessment and collection of taxes:"

6. Chapter fourteen, entitled “Of the public health:”:

7. The second Title of Chapter fifteen, entitled “Of public instruction," which Title relates to the common schools:

8. Chapter sixteen, entitled “Of highways, bridges and ferries :"

9. Chapter eighteen, entitled “Of incorporations." Ib., May, $ 6. The seventeenth Chapter of the said First Part of the

Revised Statutes, entitled “Of the regulation of trade in certain cases," as the same was originally passed, is declared to have commenced and taken effect on the first day of May, one thousand eight hundred and twenty-eight.

$ 7. The additions and alterations, in the Chapters enumeand altera- rated in the two preceding sections, made in pursuance of acts

of the legislature, are declared to have taken effect at the several times when the statutes directing such additions and

alterations, were respectively passed. Chapters to S 8. The remaining Chapters and parts of Chapters of the in January, said Revised Statutes, not specified in the three last preceding

sections, and respecting the commencement of which no direction is herein before given, shall severally commence and take effect as laws, on the first day of January, one thousand eight hnndred and thirty.

$ 9. The term “laws now in force,” whenever it occurs ir, tion of term the Revised Statutes, shall be construed to mean the statutes in force."

and other laws in force immediately previous to the final pas

sage of the Chapter containing such term. Ib., terms $ 10. Whenever the term “heretofore” occurs in any Chap fore" and ter or Title of the Revised Statutes, it shall be construed to after."

mean any time previous to the day when such Chapter di

1828.

Additions

1830.

Construc

"hereto

" here

Title shall commence and take effect; and whenever the term “hereafter” occurs, it shall be construed to mean the time after such Chapter or Title shall commence and take effect.

$ 11. Whenever in the Revised Statutes, or in any other 1h., plural statute, words importing the plural number, are used in words, &c. describing or referring to, any matters, parties or persons, any single matter, party or person, shall be deemed to be included, although distributive words may not be used; and when any subject, matter, party or person, is described or referred to by words importing the singular number or the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, shall be deemed to be included; and these rules of construction shall apply in all cases, unless it be otherwise specially provided, or unless there be something in the subject or context repugnant to such construction.

$ 12. For the purposes of construction, the said Revised Ibe, repug: Statutes shall be deemed to have been passed on the same day, sione, &c. notwithstanding they may have passed or taken effect at different times; but if any provisions in the different parts or chapters are repugnant to each other, that which shall be the last in the order herein before declared, shall prevail, and so much of any prior provision as is inconsistent with such last provision, shall be deemed repealed thereby.

$ 13. When the printing of the Revised Statutes shall be Revised completed, the revisers, or any two of them, shall certify the be certified. same to have been examined and compared by them with the original acts, and with the acts amending such originals; and shall deposit a copy so certified, in the office of the secretary of state, which shall be conclusive evidence of such statutes.

$ 14. Such certificate shall be printed in each copy of the Certificate, Revised Statutes published under the direction of the revisers: published. and every copy so printed by the printers employed for that purpose, in which such certificate shall be inserted, may be read in evidence in all courts of justice, and in all proceedings before any officer, board or body, in this state. $ 15. This act shall be published with, and as a part of the This act,

how pubRevised Statutes.

lished.

AN ACT to repeal certain Acts and parts of Acts.

Passed December 10, 1828. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

S 1. From and after the thirty-first day of December, in certain the year one thousand eight hundred and twenty-nine, the parts of following acts and parts of acts, heretofore passed by the statuete ser tom legislature of this state shall be repealed, viz.:

statutes and

and after the 31st Dec. 1829.

this act to be construed as

Revised

&c.

Statutes of

Britian, not in force.

Nor statutes of

New-York.

[Here follows an enumeration of the statutes and parts of

statutes repealed.] Nothing in S 2. Nothing herein contained, shall be construed to repeal

any statute consolidated and published in the Revised Statutes; repealing

nor any act of the legislature passed since the ninth day of Statutes,

September, one thousand eight hundred and twenty-eight, unless such act be consolidated and re-enacted in the said Revised Statutes.*

S 3. None of the statutes of England or Great Britain shall and Great- be considered as laws of this state; nor shall they be deemed

to have had any force or effect in this state, since the first day of May, in the year one thousand seven hundred and eighty eight.

$ 4. No statute passed by the government of the late colony colony of

of New-York, shall be considered as a law of this state. Saving

S 5. The repeal of any statutory provision by this act, shall clause, as to not affect any act done, or right accrued or established, or any rights ac proceeding, suit or prosecution had or commenced in any civil , c.

case, previous to the time when such repeal shall take effect; but every such act, right and proceeding, shall remain as valid and effectual as if the provision so repealed, had remained in

force. Ib., as to S 6. No offence committed, and no penalty or forfeiture committed, incurred previous to the time when any statutory provision or penalties shall be repealed, shall be affected by such repeal ; except incurred.

that where any punishment, forfeiture or penalty shall have been mitigated by the provisions of the Revised Statutes, such provisions shall apply to and control any judgment to be pronounced after the said statutes shall take effect, for any

offence committed before that time. Ib., as to S 7. No prosecution for any offence, or for the recovery of

any penalty or forfeiture, pending at the time any statutory penalties.provision shall be repealed, shall be affected by such repeal;

but the same shall proceed in all respects, as if such provision had not been repealed; except that all such proceedings had after the time when the Revised Statutes take effect, shall be conducted according to the provisions of the said statutes, and shall be in all respects subject to the said provisions.

S 8. All statutes and parts of statutes which were repealed hepealear to or abrogated by, or were repugnant to, any law hereby continue so repealed, and which have not been re-enacted and consoli

.

dated in the Revised Statutes, shall continue to be so

repealed, and shall be deemed abrogated. Though S 9. The repeal by this act, of any statute or part of a statute repeated by heretofore repealed, shall not be construed as a declaration or

implication that such statute or part of a statute has been in force at any time subsequent to such first repeal.

prosecutions for offences or

Statutes

* The statutes spoken of in the first clause of this section as "published in the Revised Statutes," are those portions of the First Part which took effect on the 1st of January and ist of May, 1828, and which were published by the state printer in December, 1827.

statute not

to, has been

10. Where any statute not hereby repealed, refers to and Rule of conadopts any statute or part of a statute which is herein where a repealed, the statute or part of a statute so referred to and

repealed adopted, shall not be deemed repealed by the provisions of refers to a this act, but shall be in force so far only as the same shall statute. have been so adopted, and for no other purpose, and subject to the provisions of the two next sections.

S 11. But if the statute or part of a statute so referred to Ib., where and adopted, shall have been revised and consolidated in the so referred Revised Statutes, all provisions contained therein repugnant to, revised. or inconsistent with those of the said Revised Statutes, shall be deemed repealed at the time specified in this act; and every such provision so referred to and adopted, which shall be modified by the Revised Statutes, shall be deemed to be so modified in respect to any use or purpose, for which such provision is herein declared to be in force, from and after the time when the Revised Statutes shall take effect.

$ 12. Where any statute or part of a statute, which is not th., where a hereby repealed, refers to and adopts any provision or rule of is referred law which is abrogated or modified by the Revised Statutes, has been such provision or rule shall be deemed to be so abrogated or abrogated . modified, as the case may be, as well in respect to such statute or part of a statute not repealed, as otherwise, from and after the time when the Revised Statutes shall take effect.

$ 13. The seventh section of the “act concerning the Revised Certain pro Statutes, passed at the present meeting of the legislature,” former acts passed December 4, 1827, is hereby repealed; together with repealed. so much of the said act, as declares that the Chapters of the First and Second Parts of the Revised Statutes therein specified, shall commence and take effect on the first day of January, one thousand eight hundred and twenty-nine.

$14. The repeal by this act of any statutory provision, Appointwhich is consolidated and re-enacted in the Revised Statutes, under acts by virtue of which any appointment shall have been made, not to be or any office is or shall be held, shall not be construed to vacate such office, or in any way affect such appointment; but the said appointments shall continue, and the said offices shall be held subject to the provisions of law in force after the repeal of such statutory provision.

$ 15. But where any office is abolished by the repeal of any Provision act, and such act is not consolidated and re-enacted in the abolished Revised Statutes, such office shall cease at the time such repeai. repeal shall take effect.

affected.

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