Page images
PDF
EPUB

Title 74.

Statutes

brace.

time of his absence shall be excluded in computing the period of the limitation:

"Provided, That said limitation shall not begin until the end of the term for which said person was enlisted in the service." (February 25, 1895.)

Sec.

REPEAL PROVISIONS.

5595. What Revised Statutes embrace.
5596. Repeal of acts embraced in revision.
5597. Accrued rights reserved.

5598. Prosecutions and punishments.
5599. Acts of limitation.

5600. Arrangement and classification of
sections.

Sec.

5601. Acts passed since December 1, 1873,
not affected.

Act June 20, 1874. Preparation of
Revised Statutes for printing, etc.

SEC. 5595. The foregoing seventy-three titles embrace the What Revised Statutes of the United States general and permanent in em their nature, in force on the 1st day of December one thousand eight hundred and seventy-three, as revised and consolidated by commissioners appointed under an act of Congress, and the same shall be designated and cited, as The Revised Statutes of the United States.

Repeal of acts embraced in revision.

Accrued rights reserved.

Prosecutions and punish ments.

Acts of limitation.

SEC. 5596. All acts of Congress passed prior to said first day of December one thousand eight hundred and seventythree, any portion of which is embraced in any section of said revision, are hereby repealed, and the section applicable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision, having been repealed or superseded by subsequent acts, or not being general and permanent in their nature: Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appropriations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal, or in any way affect any appropriation, or any provision of a private, local, or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last-named day no part of which are embraced in said revision, shall not be affected or changed by its enactment.

SEC. 5597. The repeal of the several acts embraced in said revision, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made; nor shall said repeal, in any manner affect the right to any office, or change the term or tenure thereof.

SEC. 5598. All offenses committed, and all penalties or forfeitures incurred under any statute embraced in said revision prior to said repeal, may be prosecuted and punished in the same manner and with the same effect, as if said repeal had not been made.

SEC. 5599. All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings or prosecu

tions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made.

Arrangement and classification

SEC. 5600. The arrangement and classification of the several sections of the revision have been made for the purpose of sections. of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the Title, under which any particular section is placed.

since Dec. 1, 1873,

June 22, 1874.

SEC. 5601. The enactment of the said revision is not to Acts passed affect or repeal any act of Congress passed since the 1st day not affected. of December, one thousand eight hundred and seventy-three, and all acts passed since that date are to have full effect as if passed after the enactment of this revision, and so far as such acts vary from, or conflict with any provision contained in said revision, they are to have effect as subsequent statutes, and as repealing any portion of the revision inconsistent therewith.

of

Title 5.

laws.

Sept. 15, 1789, s.

302; Dec.

SEC. 204. Whenever a bill, order, resolution or vote of the Senate and House of Representatives, having been Promulgation approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it 2, v. 1, p. 68; July shall forthwith be received by the Secretary of State from 1838, 28.587111 the President; and whenever a bill, order, resolution, or ch. 9, v. 18, p. 294. vote is returned by the President with his objections, and, on being reconsidered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Secretary of State from the President of the Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals.

That the Secretary of State is hereby charged with the June 20, 1874. duty of causing to be prepared for printing, publication Preparation of and distribution the revised statutes of the United States Revised Statutes for printing, etc. enacted at this present session of Congress; that he shall cause to be completed the head notes of the several titles and chapters and the marginal notes referring to the statutes from which each section was compiled and repealed by said revision; and references to the decisions of the courts of the United States explaining or expounding the same, and such decisions of State courts as he may deem expedient, with a full and complete index to the same. And when the same shall be completed, the said Secretary Certification shall duly certify the same under the seal of the Depart- State; printed ment of State, and when printed and promulgated as here. copies to be eviinafter provided, the printed volumes shall be legal evi-Title of revi dence of the laws and treaties therein contained, in all the 19ne 20, 1874, s. courts of the United States, and of the several States and 2, v. 18, p. 113; Territories.

by Secretary of

dence.

sion.

Dec. 28, 1874, s. 1, v. 18, p. 283.

trict.

That the revision of the statutes of a general and per- Revision relat manent nature, with the index thereto, shall be printed in ing to the Disone volume, and shall be entitled and labeled "Revised June 20, 1874, s. Statutes of the United States"; and the revision of the 3, v. 18, p. 113.

statutes relating to the District of Columbia; to post-roads, and the public treaties in force on the first day of December, one thousand eight hundred and seventy-three, with a suitable index to each, shall be published in a separate volume, and entitled and labeled "Revised Statutes relating to District of Columbia and Post-Roads. Public treaties." That the Secretary of State shall cause the two volumes Distribution to be stereotyped and such number of each volume to be printed and substantially bound at the Government Printing Office as he may deem needful, for public distribution as hereinafter provided, and for sale by his office.

To be stereotyped, etc.

and sale.

Idem, s. 4.

See note 1.

Act March 15, 1898.

Documents.

See p. 238.

SEC. 4. Hereafter the Secretary of State shall cause to be U. S. Statutes delivered to the Superintendent of Documents the Revised sold by Supt. Statutes, supplements thereto, session laws, and Statutes at Large, to supply deficiencies, and to be sold by him under the provisions of section sixty-one of the Act approved January twelfth, eighteen hundred and ninety-five, entitled "An Act providing for the public printing and binding and distribution of public documents."

[The statutes of the United States are edited, printed, stereotyped and distributed, in accordance with law, under the direction of the Secretary of State. They are sold at the cost of the paper, presswork, and binding, with ten per cent added thereto, to any person applying for the same.

Under section 8 of the act of Congress approved June 20, 1874, vol. 18, p. 113, the printed copies of the acts of Congress, as edited and

Note 1.-Whenever a power is given by a statute everything necessary to the mak ing of it effectual or requisite to attain the end is implied. (1 Kent's Com., 464; Quoted in Op., XV, p. 213.)

Where power is given by a statute to public officers in permissive language, as they may if deemed advisable" do certain thing, the language used will be regarded as peremptory when the public interests or individual rights require that it should be. (Wallace, S. C., IV, p. 709.)

Where a statute imposes a particular duty on an executive officer and he has acted (performing the duty to his understanding of the statute) there is no appeal from his action to the President or to any other executive officer, unless such appeal is provided for by law. (Op., XVI, 317, Devens, May 2, 1879.)

When the intent and meaning of a statute is expressly declared by a provision therein, to carry out that intent all other parts of the act must yield. A proviso in an act "repugnant to the purview thereof is not void, but stands as the last expression of the legislative will." (Op., XV, p. 74. Quotes Farmers' Bank e. Hale, 59 N. Y., 53.)

A general repealing clause, such as is often introduced at the close of enactments, may make the legislative intent clearer, but it is not necessary to give effect to the legislation otherwise expressed. (C. C., XX, 323. Fisher's case.)

A later statute, in the affirmative and general, does not take away a former act which is particular and special. Sundry cases cited. (Op., VI, p. 45, Cushing.) An earlier law is never to be taken as repealed by a later, without words to that effect, unless they be so inconsistent that both cannot stand together. (Op., IX, p. 48, Black.) The earlier is never abrogated by the later unless the two are so Hatly repugnant that they can not possibly stand together. Any reasonable interpretation is to be adopted which may be necessary to prevent one from interfering with the other. (Idein, p. 122.)

No statute, however positive in terms, is to be construed as designed to interfere with existing rights of action or vested rights unless the intention that it should so operate is expressly declared or necessarily implied. (C. C., IX, p. 106, S. C., Wallace, XX, p. 179.)

A statute may not be repealed, yet its subject-matter may expire and the act become inoperative. (C. C., III, 152, Wallace, 62.)

In all statute law, the particular provision, especially whenever subsequent, restrains and modifies the general. (Op., IV, p. 182.)

In construing statutes aid may be derived from attention to the state of things as it appeared to the legislature when the statute was enacted. (S. C., Otto, 99, p. 48.) The principle is well settled that statutes are to be construed as operative prospectively only, unless their language clearly and imperatively demands that retrospective effect shall be given them. (Op., XV, pp. 222, 259.) A retroactive effect, especially when it would be a violation of contracts, is not to be given to the words of a statute unless they are too express to admit of any other interpretation. (Op., IV, p. 141.)

No effect can be given by the judiciary to an act of Congress which seeks to declare retrospectively the legal effect to be given to other statutes. (C. C., VII, 109 Wallace, VIII, 330.)

Every law is presumed to be prospective in its operation unless the contrary clearly appears. (Op., XV, 183.)

printed and issued under the direction of the Secretary of State, are "legal evidence of the laws and treaties therein contained, in all the courts of the United States and of the several States therein."

The sixth section of the act of Congress approved June 20, 1874, provides for the distribution to the Navy Department, including those for the use of the officers of the Navy, of one hundred copies of the pamphlet edition of the acts and resolves of Congress at the close of each session; and the seventh section of the same act provides for distribution of the bound copies of the Statutes at Large for each Congress as follows: "To the Navy Department, including a copy for the library at the Naval Academy at Annapolis, a copy for the library of each navy-yard in the United States, a copy for the library of the Brooklyn Naval Lyceum, and a copy for the library of the Naval Institute at Charlestown, Mass., sixty-five copies."

+

*

Joint Resolution No. 22, approved May 22, 1878, v. 20, p. 251, provided for the distribution of the second edition of the Revised Statutes recently printed: To the "Navy Department, including three copies for the library of the Naval Academy at Annapolis, a copy for the library of each navy-yard in the United States, a copy for the Brooklyn Naval Lyceum, and a copy for the library of the Naval Institute at Charlestown, Mass., seventy copies."

Joint Resolution No. 44, approved June 7, 1880, v. 21, p. 308, provides for the publication, sale, and distribution of a "supplement to the Revised Statutes." This supplement is "to be taken to be prima facie evidence of the laws therein contained in all the courts of the United States and of the several States and Territories therein; but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress: Provided, That nothing herein contained shall be construed to change or alter any existing law."

The acts approved March 2, 1877, chap. 82, s. 4, v. 19, p. 268, and March 9, 1878, chap. 26, v. 20, p. 27, provide that after the second edition of the Revised Statutes is certified to under the seal of the Secretary of State and when printed and promulgated "shall be legal evidence of the laws therein contained, in all the courts of the United States, and of the several States and Territories, but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three."]

Title 15, chap.6.

poses.

[blocks in formation]

SEC. 1546. No officer or employé of the Government shall Contributions require or request any workingman in any navy-yard to for political pur- contribute or pay any money for political purposes, nor Mar. 2, 1867, s. shall any workingman be removed or discharged for politi3, v. 14, p. 492. cal opinion; and any officer or employé of the Government 15, 1876, and Jan. Who shall offend against the provisions of this section shall be dismissed from the service of the United States.

See acts Aug.

16, 1883.

Title 19.

sideration for

SEC. 1781. Every member of Congress or any officer or Prohibition agent of the Government who, directly or indirectly, takes, upon taking con. receives, or agrees to receive, any money, property, or procuring con- other valuable consideration whatever, from any person for tracts, offices.etc. procuring, or aiding to procure, any contraet, office, or 12, p. 577; Feb. place, from the Government, or any Department thereof, 25, 1863, v. 12, p. or from any officer of the United States, for any person

July 16, 1862, v.

696.

See note 1.

whatever, or for giving any such contract, office or place to any person whomsoever, and every person who, directly or indirectly, offers or agrees to give, or gives, or bestows any money, property, or other valuable consideration whatever, for the procuring or aiding to procure any such contract, office, or place, and every member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pending, or may by law or under the Constitution be brought before him in his official capacity, or in his place as such member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, be declared absolutely null and void; and any member of Congress or officer convicted of a violation of this section, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States.

Note 1.-Sections 1781 and 1782 make it illegal for an officer of the United States to have that sort of connection with a Government contract which an agent, attor ney, or solicitor assumes when he procures or aids to procure such contract for another, and when he prosecutes for another against the Government any claim founded upon a Government contract. They forbid also, the receiving by officers, for such services, any compensation, including that of an interest in the contract. (Op., XIV, 483, Oct. 29, 1874, Williams.)

« PreviousContinue »