two hundred and fifty thousand dollars. The remainder of the revenues of the canals, for the current fiscal year in which such appropriation is made, shall be applied to meet such appropriation; and if the same shall be deemed insufficient, the legislature shall, at the same session, provide for the deficiency by loan. The legislature shall also borrow one million and five hundred thousand dollars, to refund to the holders of the canal revenue certificates issued under the provisions of chapter four hundred and eighty-five of the Laws of the year one thousand eight hundred and fifty-one, the amount received into the treasury thereon; but no interest to accrue after July first, one thousand eight hundred and fifty-five, shall be paid on such certificates. The provisions of section twelve of this article, requiring every law for borrowing money to be submitted to the people, shall not apply to the loans authorized by this section. No part of the revenues of the canals, or of the funds borrowed under this section, shall be paid or applied upon or in consequence of any alleged contract made under chapter four hundred and eighty-five of the Laws of the year one thousand eight hundred and fifty-one, except to pay for work done or materials furnished prior to the first day of June, one thousand eight hundred and fifty-two. The rates of toll on persons and property transported on the canals, shall not be reduced below those for the year one thousand eight hundred and fifty-two, except by the canal board with the concurrence of the legislature. All contracts for work or materials on any canal shall be made with the person who shall offer to do or provide the same at the lowest price, with adequate security for their performance.

AMENDMENT TO THE CONSTITUTION.

[The following amendment was proposed by the legislature in 1863, was agreed to by the legislature in 1864, was adopted and ratified by the people at an election held in March, 1864.]

Section one of article two is hereby amended by adding at the end thereof the following words:

Provided that in time of war no elector in the actual military service of the United States in the army or navy thereof shall be deprived of his vote by reason of his absence from the state; and the legislature shall have power to provide the manner in which, and the time and place at which, such absent electors may vote, and for the canvass and returns of their votes in the election districts in which they respectively reside or otherwise.

ACTS

RELATIVE TO

THE REVISED STATUTES.

AN ACT concerning the Revised Statutes.

PASSED December 10, 1828. The People of the State of New-York, represented in Senate and Assembly, do declare and enact as follows:

$1. The act passed on the fourth day of December, one thousand eight hundred and twenty-seven, entitled "An act concerning the territorial limits and divisions, the civil polity, and the internal administration of this state," consisting of twenty Chapters, shall be known and distinguished as the First Part of the Revised Statutes.

First part vised Stat

of the Re

utes.

$2. The act passed at the present meeting of the legislature Second par entitled "An act relative to the acquisition, the enjoyment and the transmission of property, real and personal; to the domestic relations, and other matters connected with private rights," consisting of eight Chapters, the first of which was passed at the present meeting of the legislature, and the other Chapters were passed on the fourth day of December, one thousand eight hundred and twenty-seven, shall be known and distinguished as the Second Part of the Revised Statutes.

53. The act passed at the present meeting of the legislature, Third part. entitled "An act concerning courts and ministers of justice, and proceedings in civil cases," consisting of ten Chapters, shall be known and distinguished as the Third Part of the Revised Statutes.

$ 4. The act passed at the present meeting of the legislature, Fourth part entitled "An act concerning crimes and punishments; proceedings in criminal cases; and prison discipline," consisting of three Chapters, shall be known and distinguished as the Fourth Part of the Revised Statutes.

Chapters

$5. The following Chapters and parts of Chapters, of the which took said First Part of the Revised Statutes, as originally passed,

effect in

January, 1828.

Ib., May, 1828.

Additions

tions.

are declared to have commenced and taken effect on the first day of January, one thousand eight hundred and twentyeight, viz.:

1. Chapter six, entitled "Of elections, other than for militia and town officers:"

2. Chapter eight, entitled "Of the duties of the executive officers of the state, and of various matters connected with their respective departments:"

3. Chapter nine, entitled "Of the funds, revenue, expenditures and property of the state, and the administration thereof," except section one hundred and eighty-six, of the ninth Title thereof, originally passed as section one hundred and eightyone, which section shall take effect on the first day of January, one thousand eight hundred and twenty-nine; and the forfeiture therein mentioned, shall not take effect until six months after the said section shall be in force as a law.

4. Chapter ten, entitled "Of the militia and the public defence:"

5. Chapter thirteen, entitled "Of the assessment and collection of taxes:"

6. Chapter fourteen, entitled "Of the public health:"

7. The second Title of Chapter fifteen, entitled "Of public instruction," which Title relates to the common schools:

8. Chapter sixteen, entitled "Of highways, bridges and ferries:"

9. Chapter eighteen, entitled "Of incorporations."

$ 6. The seventeenth Chapter of the said First Part of the Revised Statutes, entitled "Of the regulation of trade in certain cases," as the same was originally passed, is declared to have commenced and taken effect on the first day of May, one thousand eight hundred and twenty-eight.

$ 7. The additions and alterations, in the Chapters enumeand altera- rated in the two preceding sections, made in pursuance of acts of the legislature, are declared to have taken effect at the several times when the statutes directing such additions and alterations, were respectively passed.

Chapters to take effect in January, 1830.

Construc

"laws now

$8. The remaining Chapters and parts of Chapters of the said Revised Statutes, not specified in the three last preceding sections, and respecting the commencement of which no direction is herein before given, shall severally commence and take effect as laws, on the first day of January, one thousand eight hnndred and thirty.

$9. The term "laws now in force," whenever it occurs in tion of term the Revised Statutes, shall be construed to mean the statutes and other laws in force immediately previous to the final pas sage of the Chapter containing such term.

Ib., terms "'hereto

fore" and "here

after."

$10. Whenever the term "heretofore" occurs in any Chap ter or Title of the Revised Statutes, it shall be construed to mean any time previous to the day when such Chapter or

words, &c.

Title shall commence and take effect; and whenever the term "hereafter" occurs, it shall be construed to mean the time after such Chapter or Title shall commence and take effect. $11. Whenever in the Revised Statutes, or in any other mb., plural statute, words importing the plural number, are used in describing or referring to, any matters, parties or persons, any single matter, party or person, shall be deemed to be included, although distributive words may not be used; and when any subject, matter, party or person, is described or referred to by words importing the singular number or the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, shall be deemed to be included; and these rules of construction shall apply in all cases, unless it be otherwise specially provided, or unless there be something in the subject or context repugnant to such construction.

sions, &c.

nant provi

$ 12. For the purposes of construction, the said Revised Ib., repug Statutes shall be deemed to have been passed on the same day, notwithstanding they may have passed or taken effect at different times; but if any provisions in the different parts or chapters are repugnant to each other, that which shall be the last in the order herein before declared, shall prevail, and so much of any prior provision as is inconsistent with such last provision, shall be deemed repealed thereby.

Statutes to

S 13. When the printing of the Revised Statutes shall be Revised completed, the revisers, or any two of them, shall certify the be certified. same to have been examined and compared by them with the original acts, and with the acts amending such originals; and shall deposit a copy so certified, in the office of the secretary of state, which shall be conclusive evidence of such statutes. S 14. Such certificate shall be printed in each copy of the Certificate, Revised Statutes published under the direction of the revisers: published. and every copy so printed by the printers employed for that purpose, in which such certificate shall be inserted, may be read in evidence in all courts of justice, and in all proceedings before any officer, board or body, in this state.

how to be

S 15. This act shall be published with, and as a part of the This act, Revised Statutes.

how published.

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 Assembly, do enact as follows :

statutes and

51. From and after the thirty-first day of December, in Certain the year one thousand eight hundred and twenty-nine, the parts of following acts and parts of acts, heretofore passed by the statutes re legislature of this state shall be repealed, viz.:

pealed from and after the 31st

Dec. 1829.

Nothing in

this act to

be con

strued as repealing Revised

Statutes,

&c.

Statutes of

England

[Here follows an enumeration of the statutes and parts of statutes repealed.]

$2. Nothing herein contained, shall be construed to repeal any statute consolidated and published in the Revised Statutes; nor any act of the legislature passed since the ninth day of September, one thousand eight hundred and twenty-eight, unless such act be consolidated and re-enacted in the said Revised Statutes.*

$ 3. None of the statutes of England or Great Britain shall and Great- be considered as laws of this state; nor shall they be deemed Britian, not to have had any force or effect in this state, since the first day of May, in the year one thousand seven hundred and eighty eight.

force.

Nor statutes of

colony of New-York. Saving

$4. No statute passed by the government of the late colony of New-York, shall be considered as a law of this state.

$5. The repeal of any statutory provision by this act, shall clause, as to not affect any act done, or right accrued or established, or any

acts done, rights accrued, &c.

Ib., as to offences

incurred.

proceeding, suit or prosecution had or commenced in any civil case, previous to the time when such repeal shall take effect; but every such act, right and proceeding, shall remain as valid and effectual as if the provision so repealed, had remained in force.

$6. No offence committed, and no penalty or forfeiture committed, incurred previous to the time when any statutory provision or penalties shall be repealed, shall be affected by such repeal; except that where any punishment, forfeiture or penalty 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.

Ib., as to prosecutions for

offences or penalties.

Statutes heretofore

$ 7. No prosecution for any offence, or for the recovery of any penalty or forfeiture, pending at the time any statutory provision shall be repealed, shall be affected by such repeal; but the same shall proceed in all respects, 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.

$8. All statutes and parts of statutes which were repealed repealed, to or abrogated by, or were repugnant to, any law hereby continue so repealed, and which have not been re-enacted and consolirepealed. dated in the Revised Statutes, shall continue to be so repealed, and shall be deemed abrogated.

Though

this act.

S 9. The repeal by this act, of any statute or part of a statute repealed by heretofore repealed, shall not be construed as a declaration or implication that such statute or part of a statute has been in force at any time subsequent to such first repeal.

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.