Imágenes de páginas
PDF
EPUB

ACTS RELATING TO THE REVISED STATUTES..

L. 1828, Chap. 20.

SECOND SESSION.

AN ACT concerning the Revised Statutes.

vised

SECTION 1. The act passed on the fourth day of December, one thousand First part eight hundred and twenty-seven, entitled "An act concerning the ter- fed Stat ritorial limits and divisions, the civil polity, and the internal adminis- utes. tration of this state," consisting of twenty chapters, shall be known and distinguished as the first part of the Revised Statutes.

§ 2. The act passed at the present meeting of the legislature entitled Second "An act relative to the acquisition, the enjoyment and the transmission part. 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.

§3. The act passed at the present meeting of the legislature, entitled Third part. "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.

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

which took

§ 5. The following chapters and parts of chapters, of the said first Chapters part of the Revised Statutes, as originally passed, are declared to have effect in commenced and taken effect on the first day of January, one thousand January, eight hundred and twenty-eight, 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 eighty-one, 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."

1828.

Ib., May, 1828.

Additions and altera.

tions.

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."

§ 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 twentyeight.

§ 7. The additions and alterations, in the chapters enumerated 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. § 8. The remaining chapters and parts of chapters of the said Revised in January, Statutes, not specified in the three last preceding sections, and respecting the commencement of which no direction is hereinbefore given, shall severally commence and take effect as laws, on the first day of January, one thousand eight hundred and thirty.

Chapters to take effect

1830.

Construc

tion of term "laws now

"

Ib., terms "hereto

"here

§ 9. The term "laws now in force," whenever it occurs in the Revised Statutes, shall be construed to mean the statutes and other laws in force immediately previous to the final passage of the chapter containing such term.

§ 10. Whenever the term "heretofore" occurs in any chapter or title fore" and of the Revised Statutes, it shall be construed to mean any time previous to the day when such chapter or 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.

after."

Ib., plural words, &c.

Ib., repugnant pro

§ 11. Whenever, in the Revised Statutes, or in any other statute, words importing the plural number are used in 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 Statutes shall visions, &c. be deemed to have been passed on the same day, 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.

Revised

Statutes to

be cer. tified.

Certificate, how to be

§ 13. When the printing of the Revised Statutes shall be completed, the revisers, or any two of them, shall certify the 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 Revised published. Statutes published under the direction of the revisers; 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.

[Sections 15-31 amend, or relate to printing, etc., the Revised Statutes.]

§ 32. This act shall be published with, and as a part of, the Revised This act Statutes.

how published.

[Section 33 is omitted as temporary.]

L. 1828, Chap. 21.

Certain

statutes

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

[Here follows an enumeration of the statutes and parts of statutes repeaied.]

of statutes from and

31st Dec., 1829.

this act to

§ 2. Nothing herein contained, shall be construed to repeal any stat- Nothing in ute consolidated and published in the Revised Statutes; nor any act of be conthe legislature passed since the ninth day of September, one thousand strued as eight hundred and twenty-eight, unless such act be consolidated and re- Revised enacted in the said Revised Statutes.*

repealing

Statutes,

&c.

§ 3. None of the statutes of England or Great Britain shall be con- Statutes of sidered as laws of this state; nor shall they be deemed to have had any and Great England force or effect in this state, since the first day of May, in the year one Britain, thousand seven hundred and eighty-eight.

not in force.

utes of

colony of Saving

§ 4. No statute passed by the government of the late colony of New- Nor stat York, shall be considered as a law of this state. § 5. The repeal of any statutory provision bythis act, shall not affect New York. any act done, or right accrued or established, or any proceeding, suit, or clause, as prosecution, had or commenced in any civil case, previous to the time to acts done,rights when such repeal shall take effect; but every such act, right and proceed- accrued, ing, shall remain as valid and effectual, as if the provision so repealed &c. had remained in force.

offences

§ 6. No offence committed, and no penalty or forfeiture incurred, pre- Ib., as to vious to the time when any statutory provision shall be repealed, shall be committed affected by such repeal; except that where any punishment, forfeiture, or penalties 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.

prosecu

penalties.

§ 7. No prosecution for any offence, or for the recovery of any penalty Ib., as to or forfeiture, pending at the time any statutory provision shall be re- tions for pealed, shall be affected by such repeal; but the same shall proceed in offences or 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.

heretofore

§8. All statutes and parts of statutes which were repealed or abroga- Statutes ted by, or were repugnant to, any law hereby repealed, and which have repealed not been re-enacted and consolidated in the Revised Statutes, shall continue to be so repealed, and shall be deemed abrogated.

to continue pealed.

80 re

§ 9. The repeal by this act, of any statute or part of a statute hereto- Though repealed fore repealed, shall not be construed as a declaration or implication that by this act. such statute or part of a statute has been in force at any time subsequent to such first appeal.

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 1st of May, 1828, and which were published by the state printer in December, 1827.

Where a

statute not

repealed

repealed

§ 10. Where any statute not hereby repealed, refers to and adopts any statute or part of a statute which is herein repealed, the statute or part refers to a of a statute so referred to and adopted, shall not be deemed repealed by the provisions of this act, but shall be in force so far only as the same shall have been so adopted, and for no other purpose, and subject to the provisions of the two next sections.

statute.

Ib., where the statute so referred

revised.

§ 11. But if the statute or part of a statute so referred to and adopted, shall have been revised and consolidated in the Revised Statutes, all to, has been provisions contained therein repugnant to, 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.

Ib., where

a rule of

law is rewhich has been abrogated.

ferred to

Certain

acts repealed.

§ 12. Where any statute or part of a statute, which is not hereby repealed, refers to and adopts any provision or rule of law which is abrogated or modified by the Revised Statutes, such provision or rule shall be deemed to be so abrogated or 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 Statutes, provisions In former passed at the present meeting of the legislature," passed December 4, 1827, is hereby repealed; together with 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.

Appointments made

§ 14. The repeal by this act of any statutory provision, which is consolidated and re-enacted in the Revised Statutes, by virtue of which any under acts appointment shall have been made, 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.

repealed, not to be affected.

Provision

as to offices abolished by such repeal.

Revised Statutes may be printed.

of secre

tary of state.

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

L. 1830, Chap. 259.

AN ACT relative to the printing of the Revised Statutes.

SECTION 1. Any person or persons residing in the state of New-York may print and publish the whole or any part of the Revised Statutes of this state; but to entitle any copy of a law so published to be read Certificate in evidence, there shall be contained in the same book or pamphlet a printed certificate of the secretary of state, or of two of the revisers, that such copy is a correct transcript of the text of the Revised Statutes, as published, except such typographical errors in the original as may be corrected in such copy, and except such parts as shall have been altered by acts of the legislature; and that with respect to such parts it conforms to the acts by which such alterations shall have been made.

Paging to be preserved.

§ 2. The editions to be printed under the provisions of this act shall be paged in conformity to the first edition published under the authority of this state.

[Supplementary Title.]

TITLE 6B.

Of the Judicial Districts.

L. 1847, chap. 241 – An act to divide the state into judicial districts.

Judicial districts. SECTION 1. The state is hereby divided into eight judicial districts, pursuant to the provisions of the fourth section of the sixth article of the constitution, which districts shall be arranged as follows:

First. The first judicial district shall consist of the city and county of New York:

Second. The second judicial district shall consist of the counties of Richmond, Suffolk, Queens, Kings, Westchester, Orange, Rockland, Putnam and Dutchess:

« AnteriorContinuar »