The Revised Statutes of the State of New-York

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the following acts and parts of tutes and acts, heretofore passed by the legislature of this state shall be repealed, tutes repeal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but every such act, right and pro- crued, &c. ceeding, shall remain as valid and effectual as if the provision so repealed, had remained in force.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 as to of vious to the time when any statutory provision shall be repealed, shall be fences comaffected by such repeal; except that where any punishment, forfeiture or nalties inpenalty shall have been mitigated by the provisions of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
Revised Statutes.

[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

I. 447

by death, marriage, &c......
death of one of several plaintiffs or
defendants not to abate suit... 11. 386
death of sole plaintiff or defendant,
when not to abate suit
proceedings in partition, not abated
by death....
..... II. 387
death or removal of public officer or
trustee, not to abate suit
II. 388
suits under health law not to abate by
death of officer.....
proceedings against absconding debt-
or, when abated by his death.. II. 13
death of executor or administrator,
not to abate suits........
II. 115, 116
of actions of ejectment prevented 11. 308,
311
pleas in, to be verified by affidavit.... . 352
not allowed in certain suits in favor
of the state
I. 174
of suits in chancery, provisions concern-
ing
II. 184
of special proceedings, before judge or
other officer, prevented.... II. 35, 284
of legacies, when to be made
II. 115
of nuisance, judgment for
11. 333
Abbreviations, English in common use, may
11. 275
..... II. 663, 664
... II. 665
11. 665
11. 664

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, concealed and non-resident debt-
ors,

Absconding, &c. debtors,

II. 9

debtor may contest allegation of conceal-
ment, &c. and how..
assignee of debtor may also apply...... . 11
decision on petition of debtor or assignee,

how reviewed by certiorari, &c...... II. 602
may apply for discharge of attachment.. II. 11
trustees to be appointed, and when..... II. 12
their general powers, and duties II. 39
appointment to be recorded, &c. 11. 12
death of debtor after time limited for his ap-
pearance, not to affect proceedings... i. 13
death thereafter provided for.....

proceedings may be reviewed by supreme
court, and how.

II. 34

II. 14
creditors to have notice of sureties, and may
require them to justify....
..... II. 14
general provisions applicable to proceedings
against
Absence of husband or wife, marriage by either
party during, void and from what time 11. 139
for seven years of persons upon whose lives
estates depend, provision concerning.. 1. 749
Absent debtors
[See Absconding, concealed and non-resident
debtors.]
Absent, concealed and non-resident defend-
ants, how proceeded against in chancery
Abstaining from prosecution for offences,
agreement for....
11. 689, 692
ACADEMIES, their foundation

when property of debtor may be attached 11.
what creditors may apply for such attach-

ment

II. 3, 36

...... II.
II.

Acceptance of bills of exchange... ... I. 767
(See Bills of exchange.)
5 Accessaries before the fact, in felony...

..... II. 698
after the fact..
II. 699
may be tried, after principal par-

....

II. 727

doned..
after the fact in kidnapping.. 11. 665

ACCOUNT, money of..

ings thereon....

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
proceedings to compel executors and admi-
nistrators to account....

....... II. 91

I. 457
to receive share of income of litera-
ture fund, and to make returns. I. 458,
459

I. 463

I. 285

.... I. 286

Acknowledgment of satisfaction, of decrees in

11. 182

chancery...
of judgments at law........... 11. 362
Acre, how to be measured; its contents... 1. 607
Act concerning the territorial limits and divi.
sions, the civil polity, and internal ad-
ministration of the state......
..... I. 61
relative to the acquisition, the enjoyment
and the transmission of property, real
and personal, and to the domestic rela-
tions, and other matters connected with
private rights.....
.... 1. 717
concerning courts and ministers of justice,
and proceedings in civil cases..... 11. 163
concerning crimes and punishments; pro-
ceedings in criminal cases; and prison
discipline......
...... 11. 655

ACTIONS CIVIL,

division of

right of, not merged in felony..

time of commencing.

II. 291
II. 292

..... II. 292

[See Limitation.]

cognizable before justices of the peace

II. 225

for penalties and forfeitures
on recognizances...

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
whose lives estates depend... II. 343
...... II. 409

local actions, enumerated.
transitory, where tried.
II. 409
personal actions, how commenced... II. 347
by capias.
.. II. 347

or by filing or declaration, &c..... II. 347
by summons against a corporation. II. 347,

458

may be read in evidence, for certain time,
from state paper.....

...... 1. 183
may be read in evidence from volume
printed by state printer...
how referred to in pleadings......... 11. 351
Acts of parliament of England and Great-
Britain, not law in this state since May
1, 1788,...
....... II. 779
Adjournment of poll of election........... L. 136
of state canvassers.......... 1. 144
of legislature..
1. 153

omission of, in courts of record, not to
vitiate proceedings ..........

... 11. 277

11. 277

of court before expiration of term, not
to affect process

[See Dower.]

II. 488

11. 73

Admiral of the navy of the state, governor to
be....
1. 163
Administering poison with intent to kill.. 11. 665
ib. to cattle.
11. 689
drugs to pregnant women..... 11. 662, 694
medicine by physicians intoxicated ib.
ADMINISTRATION, with the will annexed, when
and to whom to be granted, &c.. 11. 71
when so granted, will to be observed II. 72
of estates of intestates, jurisdiction of
surrogates, in granting...
ib. in regard to estates of non-residents 73
death of intestate to be proved..... II. 74
who entitled to, and in what order. II. 74
on estate of married woman
11. 75
on estates of non-residents..
11. 75
certain persons declared incapable of re-
ceiving
..... II. 75
letters of, when to be granted to guar-
dian....
II. 75
when person not entitled may be joined 76
renunciation of persons having prior
right, when to be produced...... II. 76
citation to such person, when to be is-
sued, and proceedings thereon... II. 76
attorney-general, when to be cited.. II. 76
special letters for collection of effects,
when to be issued, &c.....
II. 76
letters of administration to be revoked,
on will being proved.....
II. 80
letters how issued, tested and sealed 11. 80
their effect as evidence.
II. 80
bond.......
Administration of oaths and affirmations. II. 407
Administrative officers, enumerated 1. 98

....

when divorce may be denied, though adul-
tery be established

11. 145

II. 146

provisions concerning property and chil-
dren of parties, on divorce for... II. 145, 148
wife convicted of, barred of dower 1. 741, 11. 146
and of claim to personal estate of her
husband...
after divorce for, complainant may marry,
but not defendant...
Advancement of real and personal estate, if
equal to share of an heir, under statute of
descents to be set off against it....... 1. 754
if not equal, to be deducted, so that all the
shares may be equal.

value of, how ascertained

... II. 146

..... I. 754

certain expenses and gifts not to be estimat-
ed....

1. 754
..... I. 754
II. 97

to be deducted from portion of personal es-

tate..

certain expenses and gifts excepted .... II. 98
Adverse possession, owner of land deemed in
possession except when held adversely
for twenty years

under written title defined

II. 293

II. 294

what acts, in such case, to constitute it. 11. 294
of tenant, to be deemed possession of land-
lord, for twenty years..
grants of land held adversely, void...... I. 739
but mortgages of such lands may be given, 1. 739
effect of such mortgages
1. 739
Advertisement, foreclosure of mortgages by
II. 546
Advertisements, legal, fees for publishing. 11. 648
Affidavits, to be read in courts of record, who
may take them.
11. 284
and other proceedings, in other states and
foreign countries, how to be authenticat-
ed, to be read in this state........
of publication of legal notices; how made
and preserved...
effect thereof..

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II. 396

11. 403
......... II. 403
II. 275
of clerk or sheriff, in certain cases.. II. 420
Affirmation, when to be received in lieu of
oath
II. 407
Agent of Onondaga tribe of Indians, to be ap-
pointed

... I. 100
1. 115

....

how, and for what term.
receiving return of commission, duty of. 11. 395
Agents, holding personal property, when not
to be taxed therefor. .. I. 393, 419
may sign bills and notes, and accept
bills
1. 768
may execute conveyances, &c. 1. 738, 11.
135, 137

of insurance companies of other states, to
pay premiums into the treasury..
... I. 714
to give bond for such payment. .....714
Agreement, recoveries by, against certain te-

nants, void as to reversioner, &c..... 11. 340
AGREEMENTS on account of wagers, void.. 1. 662
on account of raffling, void... I. 665
for sale of stocks, void, unless sel-
ler own stock...

I. 710

for occupation of lands in New-
York, how construed, &c... 1. 744
for purchase of lands, need not be record-
ed...
I. 762
interest of debtor in, how reach-

.....

ed by his creditors...

...... 1. 744

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Books

The Revised Statutes of the State of New-York: Passed During the ..., Volume 2