Repeals of amendments. Refer ences in preceding section. Qualifications. Prior proceeding. Prior acts All of chapters fifty-two, one hundred and twenty-seven, one hundred and thirty-one, one hundred and thirty-nine, and one hundred and sixty-seven. Sections one and four of chapter two hundred and fifty-one. All of chapter three hundred and sixty-six. All of chapter four hundred and seventy-nine, except section fortyone thereof, sections forty-three to fifty-two thereof, both inclusive, and sections fifty-four and fifty-five thereof. All of chapter six hundred and sixteen. § 2. The repeal, by the last preceding section, of the portions of the revised statutes and of the code of procedure therein specified effects also the repeal of so much of the existing laws as expressly amends the portions so repealed, by adding to or otherwise altering the text thereof. The description contained in the last preceding section of statutes, other than the revised statutes or the code of procedure, refers to the statutes as they appear in the volumes of the laws of each session, printed and published by the state printer until the year eighteen hundred and forty-two, and after that year under the direction of the secretary of state. § 3. The repeal, effected by the first section of this act, is subject to the following qualifications: 1. It does not render ineffectual, or otherwise impair, any proceeding in an action or special proceeding, taken, according to any provision of the existing laws, before this act takes effect; and where it would render ineffectual, or otherwise impair such a proceeding, that provision must be deemed to remain unrepealed, for the purpose of avoiding such a result. 2. It does not affect any lawful act done, or right accrued or esand rights. tablished, before this act takes effect; but every such act or right remains as valid and effectual, as if this act had not been passed. Prior offenses. Criminal actions. N. Y. com 3. It does not affect any offense committed, or penalty or forfeiture incurred, before this act takes effect; except that the proceedings in a civil action or special proceeding, brought by reason thereof, are subject to the provisions of the laws in force after that time. 4. It does not affect the jurisdiction, power, or authority of any court or judge, in a criminal action or special proceeding, nor does it affect any future proceeding, taken, according to the existing laws, in such an action or special proceeding; except as otherwise prescribed in subdivision eighth of this section, or in the act chapter four hundred and forty-nine of the laws of eighteen hundred and seventy-six, entitled "An act explaining, defining, and regulating the effect and application of, and otherwise relating to, the act, passed at this session of the legislature, entitled 'An act relating to courts, officers of justice, and civil proceedings.'" 5. It does not affect the jurisdiction, power, or authority of the court mon pleas. of common pleas for the city and county of New York, in an appeal from a determination of the marine court of the city of New York; or of a district court of that city, or any proceeding upon such an appeal. Other courts. 6. It does not affect the power or authority of a court, other than the supreme court, a superior city court, the marine court of the city of New York, or a county court, in an action or special proceeding, of which such a court retains jurisdiction, under the laws in force after this act takes effect; nor does it affect any future proceeding taken, according to the existing laws, in such an action or special proceeding, except as otherwise prescribed in the act, specified in subdivision fourth of this section. recorder's 7. It does not affect the jurisdiction, power or authority of a mayor's Mayor's or or recorder's court, or of a judge thereof, in or over an action or special court. proceeding, commenced in such a court, before this act takes effect; nor does it affect any future proceeding, taken, according to the existing laws, in such an action or special proceeding; except as otherwise prescribed in the act, specified in subdivision fourth of this section. 8. It does not affect any list or drawing of grand or petit jurors, or the Jurors. ballots containing their names, prepared or made according to the existing laws, until a new list or new ballots are prepared, or a new drawing is made, as prescribed in the act, chapter four hundred and fortyeight of the laws of eighteen hundred and seventy-six, entitled "An act relating to courts, officers of justice, and civil proceedings," and in the act specified in subdivision fourth of this section. Nor does it affect the qualifications or exemptions of grand or petit jurors, until the provisions of those acts, relating to the same subjects, take effect. 9. It does not affect an execution issued out of a court of record, Execu before this act takes effect; or the proceedings taken by virtue of such tions. an execution, including the sale of property, and the redemption of real property, or a chattel real, sold by virtue thereof. All such proceedings are governed by the provisions of the existing laws, relating thereto; which provisions, for that purpose, remain in force, as if this act had not been passed. 10. It does not affect any provisions of the existing laws, prescrib- Terms of ing the place or places where one or more terms of a court, other than court. the terms of the court of appeals, or the general terms of the supreme court, must or may be held. amend 11. Except as otherwise prescribed in section two of this act, the Subserepeal of any provisions of the existing laws, which has been amended quent by a subsequent provision of those laws, not expressly repealed by this ment. act, does not affect the subsequent provision. 12. The repeal of any provision of the existing laws does not revive any law repealed by the latter. Old laws not revived. Repeal of 13. The repeal of a law heretofore repealed is not to be construed as a declaration or implication, that the repealed law has been in force, repealed at any time subsequent to the formal repeal. laws. 14. The repeal of a portion of a law is not to be construed as reviv- Revival. ing any other portion of that law, which has been expressly or impliedly repealed by a law subsequently enacted. visions re 15. Where a provision of the existing laws, incorporated into, or when ceradopted, or otherwise referred to, in any provision of the existing laws, tain proremaining in force after this act takes effect, is repealed, that provi- main in sion, nevertheless, remains in force, for the purpose to which it is so force. referred to, and for no other; except that where it has been revised in and made a part of the act chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, entitled "An act relating to courts, officers of justice and civil proceedings," the reference is to be construed as applying to the appropriate provisions so revised. ment. 16. The repeal of any of the existing laws creating, or otherwise Offices or relating to, an office or employment, where the same, or a correspond- employing office or employment, is provided for or recognized, in the act, specified in subdivision fifteen of this section, or in any of the existing So in the original. Provision as to law schools. laws, remaining in force, after this act takes effect, does not create a vacancy therein, or affect the compensation of the incumbent. 17. The repeal of the laws, conferring upon a graduate of the law department of the University of Albany, or of the law department of Amended the University of the City of New York, or of the law school of Col1878.ch. 126. umbia college, or of the law department of Hamilton college, the right to be admitted to practice as an attorney and counselor at law, upon the production of his diploma, does not affect the right of a L. 1879. ch. person who was a student in, or was graduated by, either of those ch. 349, and departments of schools, on or before the first day of April, eighteen 1880, ch. 58. hundred and seventy-six, to be so admitted, at any time within one year after this act takes effect, upon his complying with the existing laws relating to the admission of such a graduate to practice. 35, ch. 257, post, p. 906. "Existing laws. § 4. The term "existing laws," as used in this act, designates the statutes of the state, remaining unrepealed on the day before this act takes effect. § 5. This act shall take effect on the first day of September, eighteen hundred and seventy-seven. Amending ch. 628, Laws 1857. 4 Edm. 46. CHAP. 419. AN ACT authorizing licenses to keep taverns without includ SECTION 1. Licenses to keep taverns, pursuant to the laws of this state, may be granted by the commissioners of excise, in the several cities and towns of this state, or by any board or officers exercising the power of such commissioners, without including a license to sell strong or spirituous liquors, ale, wines, beer or alcoholic drink, and in all such cases the license shall express such restrictions on its face, and a fee of five dollars may be charged for granting such license, and no more; but no such license shall be given until the bond required to be given by tavern-keepers is executed and delivered to said commissioners. § 2. This act shall take effect immediately. CHAP. 420. AN ACT to amend chapter six hundred and twenty-eight of the laws of eighteen hundred and fifty-seven, entitled "An act to suppress intemperance and to regulate the sale of intoxicating liquors." PASSED June 5, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section fifteen of chapter six hundred and twenty-eight of the laws of eighteen hundred and fifty-seven, entitled "An act to suppress intemperance and to regulate the sale of intoxicating liquors," is hereby amended so as to read as follows: Indians § 15. No inn, tavern or hotel keeper, or any other person licensed to sell any Sales to strong or spirituous liquors or wines, shall, either personally, or by his wife, and servant, employe or other agent, sell or give any such liquors or wines to any minors. Indian or apprentice, knowing or having reason to believe him to be such, or within the knowledge of such agent, without the consent of his master or mistress, nor to any minor under the age of eighteen years, without the consent of his father or mother, or guardian. Whoever shall either personally or by his wife, servant, employe or other agent, offend against either of these provisions, shall forfeit ten dollars for each and every offense, to be recovered by the master of such apprentice or servant, or by the parent or guardian of such minor; and any person who shall, either personally or by his wife, servant, employe or other agent, sell or give away any strong or spirituous liquor, ale, beer or wine to any Indian in this state, or shall sell any beer, ale, wine or any strong or spirituous liquor to any minor under the age of fourteen years, knowing or having reason to believe such minor to be under such age, shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine of twenty-five dollars for each and every offense. § 2. This act shall take effect immediately. See 17 Hun, 591. CHAP. 423. AN ACT to amend chapter three hundred and sixty-six of the laws of eighteen hundred and fifty-nine, entitled "An act to establish an insurance department." PASSED June 6, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 4 Edm. 252. tendent of SECTION 1. Section six of chapter three hundred and sixty-six of the laws of Amending eighteen hundred and fifty-nine is hereby amended so as to read as follows: ch. 366, § 6. There shall be assigned to the said superintendent, by the trustees of Laws 1859, the state hall, suitable offices in the city of Albany, for conducting the busi- Offices of ness of said department; and the said superintendent shall, from time to time, superinfurnish the necessary furniture, stationery, fuel, lights and other proper con- insurance veniences for the transaction of the said business, the expenses of which, to- departgether with the rent of said offices, shall be paid on the certificate of the superintendent and the warrant of the comptroller. § 2. This act shall take effect immediately. CHAP. 424. AN ACT in relation to the appointment of a state agent for the guidance and employment of discharged convicts. PASSED June 6, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ment. SECTION 1. The superintendent of prisons is hereby authorized and empowered to appoint a state agent for discharged convicts, who shall hold office during the pleasure of the State said superintendent, whose duty it shall be to visit, from time to time, the various penal agent for institutions and reformatories of the state, and at least once in each month at each of the discharged state prisons, to confer with all convicts whose term of imprisonment is soon to expire, convicts. for the purpose of inducing them to proceed immediately from the place of their confine- Duty. ment to suitable homes and places where employment will be secured to them. The said agent shall seek access to employers of labor adapted to such discharged convicts, so that they can, upon their liberation, be at once directed to suitable employment on the introduction and request of the said agent. 2. The said agent shall furnish the convicts discharged from prisons and reformatories with transportation, food, clothing, and any necessary tools and advice, so that they may Provision enter upon employment. for 83. The office of the said agent shall be located at some one of the state prisons of this convict. state, to be designated by the superintendent of state prisons. Office. Account § 4. The said agent shall keep an account of all the moneys expended by him pursuant to regulations approved by the superintend- of agent. List of convicts whose terms are about to expire to be furnished agent. Annual ent of state prisons, for his correspondence and necessary traveling and incidental expenses, and in furnishing clothing, board, transportation and tools to discharged prisoners, and such account, showing the amount under each head for each person, duly approved by the superintendent of state prisons, together with the proper vouchers, shall be transmitted to the comptroller of the state each month, and upon its approval by him, a warrant shall be drawn upon the state treasury therefor, but the whole amount so paid for such expenditures shall not exceed five thousand dollars over and above the amount already provided for by law for any one year. And any clothing, money and transportation furnished to each discharged convict as provided in chapter four hundred and sixty, session laws of eighteen hundred and forty-seven, chapter four hundred and seventeen, laws of eighteen hundred and sixty-two, chapter four hundred and fifteen, laws of eighteen hundred and sixty-three, and in any other laws of this state, shall be applied as directed by the said superintendent of prisons in carrying out the provisions of this section. § 5. The warden or superintendent of each state prison, penitentiary and reformatory, and the sheriff of each county, shall furnish to the said agent upon the first of each month, a full list of all the convicts who will be discharged from the custody of the said institutions, respectively under their charge during the next succeeding month, with such statements as shall be prescribed in the forms furnished under the direction of the superintendent of state prisons by the said agent concerning each convict to be discharged. § 6. The said agent shall, on or before the fifteenth day of January statement. in each year, make to the superintendent of state prisons, a detailed statement in full of his official acts for the year ending the thirty-first day of December next last preceding, and the chief practical results of the same, so far as verified by him, and the superintendent of prisons shall transmit the same as a part of his annual report to the legislature of the state. Salary. Appropriation for 87. The salary of the said agent shall be two thousand five hundred dollars per annum, to be paid quarterly by the treasurer, upon the warrant of the comptroller; provided, that such salary for the year first ensuing after the appointment of said agent, shall be paid from the sum heretofore appropriated "for maintaining the system of guidance, employment and aid of discharged prisoners," for the present year. § 8. This act shall take effect immediately. CHAP. 425. AN ACT in regard to the instruction of common school teachers in academies and union schools, and to the establishing of examinations by the regents of the university as to attainments in learning. PASSED June 6, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The treasurer shall pay yearly, on the warrant of the the in- comptroller, out of the income of the United States deposit fund not |
