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 Assem bly, do enact as follows: 1. From and after the thirty-first day of December, in the year one Certain stathousand eight hundred and twenty-nine, the following acts and parts of tutes and acts, heretofore passed by the legislature of this state shall be repealed, tutes repeal viz: parts of sta ed from and after the 31st [Here follows an enumeration of the statutes and parts of statutes re- Dec. 1829. pealed, for which see Act at length in vol. 3.] construed as § 2. Nothing herein contained, shall be construed to repeal any statute Nothing in consolidated and published in the Revised Statutes; nor any act of the this act to be legislature passed since the ninth day of September, one thousand eight repealing Rehundred and twenty-eight, unless such act be consolidated and re-enacted in the said Revised Statutes.* vised Sta tutes, &c. England and § 3. None of the statutes of England or Great Britain shall be consi- Statutes of dered as laws of this state; nor shall they be deemed to have had any Gr force or effect in this state, since the first day of May, in the year one tain, not in thousand seven hundred and eighty-eight.† force. § 4. No statute passed by the government of the late colony of New- Nor statutes York, shall be considered as a law of this state. of colony of New-York. Saving rights ac § 5. The repeal of any statutory provision by this act, shall not affect any act done, or right accrued or established, or any proceeding, suit or clause, as to prosecution had or commenced in any civil case, previous to the time is done, when such repeal shall take effect; but every such act, right and pro- crued, &c. ceeding, shall remain as valid and effectual as if the provision so repealed, had remained in force. mitted, or pe curred. § 6. No offence committed, and no penalty or forfeiture incurred pre- Ib. as to of vious to the time when any statutory provision shall be repealed, shall be fences comaffected by such repeal; except that where any punishment, forfeiture or nalties inpenalty shall have been mitigated by the provisions of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. secutions for § 7. No prosecution for any offence, or for the recovery of any penalty Ib. as to proor forfeiture, pending at the time any statutory provision shall be repeal- offences or ed, shall be affected by such repeal; but the same shall proceed in all re- penalties. spects, 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 abrogat- Statutes ed by, or were repugnant to, any law hereby repealed, and which have repealed, to not been re-enacted and consolidated in the Revised Statutes, shall con- continue so repealed. tinue to be so repealed, and shall be deemed abrogated. act. § 9. The repeal by this act, of any statute or part of a statute hereto Though refore repealed, shall not be construed as a declaration or implication that pealed by this such statute or part of a statute has been in force at any time subsequent to such first repeal. § 10. Where any statute not hereby repealed, refers to and adopts any Rule of constatute or part of a statute which is herein repealed, the statute or part of struction where a staa statute so referred to and adopted, shall not be deemed repealed by the tute not re provisions of this act, but shall be in force so far only as the same shall pealed refers *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. +1 R. L. p. 526, § 30. to a repealed statutes. lb. where the statute so re have been so adopted, and for no other purpose, and subject to the provisions of the two next sections. § 11. But if the statute or part of a statute so referred to and adoptferred to, has ed, shall have been revised and consolidated in the Revised Statutes, all been revised. 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 which has been abro § 12. Where any statute or part of a statute, which is not hereby rereferred to pealed, 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. gated. Certain pro visions in former acts repealed. Appoint under acts re § 13. The seventh section of the "act concerning the Revised Statutes, 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. §14. The repeal by this act of any statutory provision, which is conments made solidated and re-enacted in the Revised Statutes, by virtue of which any pealed, not to appointment shall have been made, or any office is or shall be held, shall be affected. 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. Provision as to offices § 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 such repoal. office shall cease at the time such repeal shall take effect. abolished by GENERAL INDEX To the Matters contained in the First, Second, Third and Fourth Parts of the [The references to the different volumes are indicated by the Roman numerals.] ABANDONING child under 6 years old, by parents, &c........ ABATEMENT, ........ 11. 665 11. 386 11. 386 I. 447 by death, marriage, &c...... be used in process, &c.. Abduction of females.... of colored persons. .... of children of other persons. II. 694 Abortion, attempts to produce... of quick child by drugs, &c..... 11. 662 Absconding, &c. debtors, II. 9 debtor may contest allegation of conceal- how reviewed by certiorari, &c...... II. 602 proceedings may be reviewed by supreme II. 34 II. 14 when property of debtor may be attached 11. 3 ment II. 3, 36 ...... II. 4 . Acceptance of bills of exchange... ... I. 767 ..... II. 698 .... II. 727 doned.. 8 ACCOUNT, money of.. 8 ings thereon.... 00 actions of, to be referred, and proceed- .. I. 611 11. 385 II. 113 may be brought by and against exe- cutors and administrators ..... to be commenced within six years 11. 295 ....... II. 91 I. 457 I. 463 I. 285 .... I. 286 Acknowledgment of satisfaction, of decrees in 11. 182 chancery... ACTIONS CIVIL, division of right of, not merged in felony.. time of commencing. II. 291 ..... II. 292 [See Limitation.] cognizable before justices of the peace II. 225 for penalties and forfeitures II. 343 ed... ejectment, proceedings in, regulat- II. 302 to compel determination of claims to real property. II. 312 for partition of lands. ... II. 315 nuisance. ... II. 332 to discover death of persons upon local actions, enumerated. or by filing or declaration, &c..... II. 347 458 may be read in evidence, for certain time, ...... 1. 183 omission of, in courts of record, not to ... 11. 277 11. 277 of court before expiration of term, not [See Dower.] II. 488 11. 73 Admiral of the navy of the state, governor to .... when divorce may be denied, though adul- 11. 145 II. 146 provisions concerning property and chil- value of, how ascertained ... II. 146 ..... I. 754 certain expenses and gifts not to be estimat- 1. 754 to be deducted from portion of personal es- tate.. certain expenses and gifts excepted .... II. 98 under written title defined II. 293 II. 294 II. 294 what acts, in such case, to constitute it. 11. 294 II. 396 11. 403 ... I. 100 .... how, and for what term. of insurance companies of other states, to nants, void as to reversioner, &c..... 11. 340 I. 710 for occupation of lands in New- ..... ed by his creditors... ...... 1. 744 |