Section two of chapter three hundred and seventy-four. Chapters twenty-two, thirty and seventy-six. All of chapters one hundred and seventy-three and one hundred and seventy-six. Section one of chapter two hundred and fifty-six. All of chapters two hundred and fifty-eight, three hundred and fiftyseven, three hundred and eighty, four hundred and thirty-eight and four hundred and thirty-nine. 27. Of the laws of eighteen hundred and fifty: Chapters eighty-two and ninety-four. Sections one, two, three, four, nine, ten and eleven of chapter one hundred and thirty-eight. All of chapters one hundred and fifty, one hundred and sixty-two, one hundred and ninety-four, two hundred and ten and two hundred and twenty-five. 28. Of the laws of eighteen hundred and fifty-one: Chapters two hundred and seventy-seven and four hundred and fiftyfive. 29. Of the laws of eighteen hundred and fifty-two: Section one of chapter seventy-one. All of chapters one hundred and seventy-five and two hundred and seventy-seven. All of chapter three hundred and eighty-nine, except sections one, two, three and five thereof. 30. Of the laws of eighteen hundred and fifty-three: Chapters one hundred and fifty-three, two hundred and thirty-eight, six hundred and seventeen and six hundred and forty-eight. 31. Of the laws of eighteen hundred and fifty-four: All of chapter ninety-six, except section six, and sections thirty to thirty-nine thereof, both inclusive. All of chapters one hundred and sixteen and one hundred and thirty. All of chapters two hundred and six and two hundred and seventy. 32. Of the laws of eighteen hundred and fifty-five: Chapter eighty-five. Sections one and two of chapter two hundred and two. 33. Of the laws of eighteen hundred and fifty seven : All of chapter two hundred and ninety-five, except section seven thereof. All of chapter three hundred and eight. Sections three, ten, fifteen, fifty-one and seventy-six of chapter three hundred and forty-four. All of chapters five hundred and twelve, six hundred and seventynine and seven hundred and seventy-five. 34. Of the laws of eighteen hundred and fifty-eight. Chapters one hundred and seventy-six and two hundred and thir teen. Section three of chapter three hundred and fourteen. Sections two to six, both inclusive, of chapter three hundred and thirty-four. 35. Of the laws of eighteen hundred and fifty-nine: Chapters one hundred and seventy-four, two hundred and fifty-two and two hundred and sixty-two. Section one of chapter three hundred and eighty-nine. 36. Of the laws of eighteen hundred and sixty: Chapter eighty. Section seven of chapter ninety. All of chapters one hundred and thirty-one, one hundred and thirtysix, one hundred and seventy-three, four hundred and three and four hundred and twenty-seven. Sections one and two of chapter four hundred and ninety-three. 38. Of the laws of eighteen hundred and sixty-two: Sections three, five and seven of chapter one hundred and seventytwo. All of chapter two hundred and twenty-nine. So much of chapter three hundred and thirty-seven as relates to justices of the peace exercising civil jurisdiction. The first clause of section one of chapter three hundred and eightynine, ending with the words "amount demanded or recovered does not exceed five hundred dollars." All of chapter four hundred and fifty-nine. The following portions of chapter four hundred and eighty-four, namely: So much of sections three and seventeen as relates to the marine court of the city of New York. 39. Of the laws of eighteen hundred and sixty-three: Sections one, two, five, six and nine of chapter three hundred and sixty-two. All of chapter four hundred and three. 40. Of the laws of eighteen hundred and sixty-four : Chapter fifty-three. Sections one to eleven, both inclusive, of chapter seventy-one. All of chapters two hundred and nineteen, three hundred and eleven, three hundred and seventy-one, four hundred and eleven, four hundred and seventeen and five hundred and forty-five. 41. Of the laws of eighteen hundred and sixty-five: Chapters eighty-one, three hundred and fifty-seven, four hundred. and thirty-six, six hundred and sixteen and seven hundred and thirtythree. 42. Of the laws of eighteen hundred and sixty-six : Chapters three hundred and seven and six hundred and thirty-six. Sections one, two, six, seven, nine and ten of chapter six hundred and ninety-two. All of chapters seven hundred and one and seven hundred and fiftyeight. 43. Of the laws of eighteen hundred and sixty-seven : Chapters one hundred and ten, five hundred and sixteen and six hundred and fifty-eight. 1860. 1861. 1862. 1863. 1864. 1865. 1866. 1867. Section one, sections seven to ten, both inclusive, and section sixteen of chapter seven hundred and eighty-two. All of chapter eight hundred and fourteen. 44. Of the laws of eighteen hundred and sixty-eight : Chapters five hundred and ninety-four, eight hundred and four and 1868. eight hundred and twenty-eight. 45. Of the laws of eighteen hundred and sixty-nine: Chapters one hundred and fifty-seven, two hundred and forty-six, two hundred and sixty, four hundred and twenty-four and four hundred and thirty-three. 1869. 1870. 1871. 1872. 1873. 1874. 1875. Section four of chapter five hundred and sixty-nine. All of chapters six hundred and twenty-seven, seven hundred and thirty-eight and seven hundred and forty-eight. So much of section one of chapter eight hundred and twenty as amends sections six and seven of chapter six hundred and ninety-two of the laws of eighteen hundred and sixty-six. All of chapters eight hundred and thirty-one and eight hundred and forty-five. 46. Of the laws of eighteen hundred and seventy: Chapters twenty, thirty-seven and fifty-nine. Section two of chapter seventy-four. All of chapter seventy-eight. Sections one, two and three of chapter one hundred and fifty-one. All of chapters one hundred and seventy, three hundred and fiftynine, three hundred and ninety-four, four hundred and sixty-seven, seven hundred and six and seven hundred and seventeen. 47. Of the laws of eighteen hundred and seventy-one : Chapters two hundred and nineteen, three hundred and sixty-one, four hundred and fifteen and four hundred and eighty-two. Sections one to seven, both inclusive, of chapter four hundred and ninety-two. All of chapters six hundred and three, seven hundred and ninetynine and eight hundred and thirty-four. Sections seven and eight of chapter eight hundred and fifty-nine. All of chapters eight hundred and seventy-four and nine hundred and thirty-six. 48. Of the laws of eighteen hundred and seventy-two: Chapters twenty-six, ninety-two and one hundred and sixty-one. All of chapter four hundred and thirty-eight, except so much thereof as relates to criminal courts, or to district courts in the city of New York. All of chapters six hundred and twenty-nine, six hundred and eighty, six hundred and ninety-three and seven hundred and seventy-six. 49. Of the laws of eighteen hundred and seventy-three: Sections one and three of chapter sixty-one, as the latter section is amended by chapter one hundred and seventy-one of the laws of eighteen hundred and seventy-four. All of chapters seventy, one hundred and eighty-two, two hundred and eleven and five hundred and fifty-two. The concluding portion of section one of chapter five hundred and eighty-three, beginning with the words, "and shall have the same remedies to recover." 50. Of the laws of eighteen hundred and seventy-four : Chapters nine, fifty-four, one hundred and twenty-seven, one hundred and fifty-six, two hundred and fifty-eight, two hundred and sixty-seven and four hundred and thirty-seven. Section thirty-eight of title one, and all of title two of chapter four hundred and forty-six. All of chapter four hundred and fifty-six. All of section one of chapter four hundred and sixty, except the last sentence thereof, beginning with the words, "every juror shall receive." All of chapters five hundred and twenty-four and five hundred and forty-five. 51. Of the laws of eighteen hundred and seventy-five: Chapters forty-nine, three hundred and thirty-five, four hundred and twenty-eight and four hundred and forty-two. All of chapter four hundred and seventy-nine, except section fiftyfour thereof. All of chapters five hundred and nineteen, six hundred and twentythree, six hundred and twenty-five and six hundred and thirty. 52. Of the laws of eighteen hundred and seventy-six: Chapters one hundred and eighteen and one hundred and thirty-six. That portion of section five of chapter one hundred and ninety-six, as amended by chapter one hundred and ninety-two of the laws of eighteen hundred and seventy-seven, which follows the words "at nine o'clock in the forenoon." All of chapter two hundred and five. Section two of chapter two hundred and sixty-seven. All of chapters two hundred and seventy-eight and two hundred and ninety-nine. Sections one and two of chapter three hundred and thirty-eight. Sections one, three and four of chapter four hundred and thirteen. All of chapters four hundred and twenty-six, four hundred and thirty-one, four hundred and forty-two and four hundred and forty-nine. 53. Of the laws of eighteen hundred and seventy-seven : Chapters one hundred and eighty-seven, two hundred and six, two hundred and seventy-four and two hundred and eighty-five. 54. Of the laws of eighteen hundred and seventy-eight: Chapters thirty-three, one hundred and twenty-nine and one hundred and seventy-five. Sections one, two and five of chapter one hundred and eighty-six. All of chapter three hundred and twenty-four. 55. So much of every provision of the existing laws, not previously specified in this section, relating to fees or other compensation of an officer or other person, as is inconsistent with, or the subject-matter whereof is fully provided for in the Code of Civil Procedure, whether such provision has been heretofore generally repealed or not. § 2. The repeal, by the last preceding section of the Code of Procedure, and of the portions of the Revised Statutes therein specified, effects also the repeal of all of the existing laws which expressly amend the said Code of Procedure or the portions of the Revised Statutes 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 laws of eighteen hundred and thirteen, or the Revised Statutes, 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 a special proceeding had or taken pursuant to law before this act takes effect; and where the repeal of a provision, specified in that section, 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 other lawful act done, or right, defense or limitation, lawfully accrued or established, before this act takes effect; and every such right or act remains as valid and effectual as if this act had not been passed. But this subdivision does not apply to a case provided for in chapter fourth of the Code of Civil Procedure. 1876. 1877. 1878. 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 this act takes effect. 4. It does not affect the jurisdiction, power or authority of any court or judge, in a criminal action or a criminal 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 sixth of this section, or implied in chapter twentysecond of the Code of Civil Procedure. 5. 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 a 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 pursuant to law, in such an action or special proceeding, except as otherwise implied in the Code of Civil Procedure. 6. It does not affect the power, authority or jurisdiction of the county court respecting ferries, fisheries, turnpike roads, wrecks, physicians, habitual drunkards, the removal of occupants from State lands, the laying out of railroads through Indian lands, and upon appeal from the determination of commissioners of highways, and all other powers and jurisdiction specially conferred by any statute remaining unrepealed after this act takes effect upon the late court of common pleas of the county or the county court, and to prescribe the manner of exercising such jurisdiction, where the provisions of any statute are inconsistent with the organization of the county court. 7. It does not affect any provision of the existing laws relating to the district courts of the city of New York, or costs or fees or proceedings in, or appeals from, those courts, or the appointment, tenure of office, duty, or compensation of stenographers in those courts, except so far as the subject thereof is expressly regulated or provided for in the Code of Civil Procedure. 8. It does not affect the right of a prevailing party to recover the fees of referees and witnesses and his other necessary disbursements upon the reference of a claim against a decedent, as provided in those portions of the Revised Statutes left unrepealed after this act takes effect. 9. Except as otherwise prescribed in section two of this act, the repeal of any provision of the existing laws, which has been amended by a subsequent provision of those laws, not expressly repealed by this act, does not affect the subsequent provision. 10. The repeal of any provision of the existing laws does not revive any law repealed by the latter. 11. 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 at any time subsequent to the former repeal. 12. The repeal of a portion of a law is not to be construed as reviving any other portion of that law which has been expressly or impliedly repealed by a law subsequently enacted. 13. Where a provision of the existing laws, incorporated into or adopted or otherwise referred to in any other provision of the existing laws remaining in force after this act takes effect, is repealed, the former provision, nevertheless, remains in force, for the purpose for which it is so referred to, and for no other; except that where it has been revised in, and made a part of, the Code of Civil Procedure, the |
