State ex rel. J. H. Rills vs. David N. Barrow, 30 An. 657, the repeal or amendment of one section is taken as the amendment or repeal of all identical sections. and they are so treated. It sometimes has happened that a section would be amended under one number, then under another. See, for example, notes under Secs. 698 and 1479. SEC. 11. MANY of the acts since the adoption of the Revised Statutes have repealed, not the sections of the Revised Statutes, but the acts of the Legislature, upon which the sections were based. "IN the matter of Villere," 33 An. 998, the court, speaking of acts anterior to the adoption of the Revised Statutes, said: "In point of fact these acts. as separate acts, have all been repealed by the repealing clause of the act of the 14th of March, 1870, adopting the Revised Statutes, which act, however. readopted them as sections of these statutes." It may, therefore, be questioned whether an act of the Legislature, enacted after the adoption of the Revised Statutes, and repealing, not a section of the Revised Statutes, but an anterior act upon which a section is based, really repeals that section. I cannot find that the issue has been presented to our Supreme Court. However that may be, in this edition the repeal of the act upon which a section of the Revised Statutes is based is treated as a repeal of the section itself, as that was, undoubtedly, the intention of the Legislature, which otherwise must be taken as having done a vain and useless thing. But, wherever the act repealed the preceding act and not the section of the Revised Statutes based on it, this has been carefully noted. SEC. 12. MANY acts of the Legislature do not repeal "eo nomine,” but actually sections of the Revised Statutes, or supplant them. In all such cases both are given, except where the repealing clause repealed all preceding legislation on the same subject. Many acts of a general nature adopted since 1870 have been repealed by subsequent legislation. Acts so repealed are of course not printed; but where acts have been amended by subsequent acts, the amendments have been carefully noted. The object steadily kept in view was to give the law as it exists now. SEC. 13. THE sections of the Revised Statutes, the Acts of the Legislature, the annotations and the occasional notes are all printed in the following different styles of type: Sections of Revised Statutes are printed in type like this: 911. Keeping Banking Games, etc.-Whoever shall keep a banking game or banking house, at which money, or anything representing money, or any article of value shall be bet or hazarded, or shall aid or assist in keeping one, shall, on conviction, for the first Where a synopsis only of a section is printed, and reference is made to the codes or other sections, the same type is used; but they are distinguished from sections printed in full, in not being preceeded by side line in bold type. Acts of the Legislature are printed in type like this: SECTION 1. That the thirtieth paragraph of the third section of an act entitled "An Act to provide a revenue for the support of the State government of Louisiana, and the manner of collecting the same, approved March -, one thousand eight hundred and sixty-nine," which reads as follows, to-wit: "From the proprietor of every gambling house, five thousand dollars. The Auditor shall cause SEC. 2. That whoever shall keep a banking game, or banking house, at which Annotations are printed in type like this: "Pin Pool" is not a gambling game in the sense of the Constitution and the law, and a city ordinance denouncing it as such is illegal. State vs. Quaid, 43 An. 1076. Dealings in Futures, see E. O. Stanard Milling Co. vs. Flower, 46 An. 315; Gruner vs. Stucken, 39 An. 1076. SEC. 14. THE tables of contents for each title as given in the official edition are not reprinted here, as they are not believed to have been useful; nor are marginal notes printed; they are seldom consulted and are frequently far from descriptive of the contents of the sections. Instead, I have adopted the plan of printing a line in bold letters at the beginning of each section. These lines I have tried to make fairly indicative of the contents of the sections. Aside from these changes, the official edition is reprinted with great care and exactness. Any other course than a faithful adherence to the official text would have destroyed the usefulness of the book. The numbers, dates and pages of the acts before 1870 are given at the end of sections and have been verified. SEC. 15. I value the opinion of the bar, and would gladly have presented the many, and, to me apparently valid, reasons why I have done things one way rather than another, but this preface is already quite lengthy. Some work of the kind was a necessity, and I have attempted to supply it. Without legislative authority, I was compelled to retain much apparently superfluous matter. I could not legislate or repeal, or amend or reconcile; my labors were necessarily ministerial in their nature. LAW book-making is not pecuniarily remunerative in Louisiana; other motives induced me to undertake the work; be the actuating cause what it will, I have labored earnestly, if not successfully, in preparing this edition of the Revised Statutes. New Orleans, October, 1897. SOLOMON WOLFF. |