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Acts imposing penalties and forfeitures.
Acts imposing costs.
Acts taking away the common law.
Acts in explanation of other enactments.

44. When an act is both remedial and penal, it may be construed liberally as to one part and strictly as to the other.

45. A penalty implies a prohibition and the thing is unlawful, though no prohibitory words are used.

46. An act in contravention of the Constitution is absolutely void. In other cases of defective or imperfect acts, they are void only in part and are to be sustained in all those parts which are not defective or imperfect.


With these prefatory remarks which give the reasons for the course I have pursued in this Edition, I state briefly my general plan:

1. To embrace the whole of the Revised Statutes in two volumes divided as in the first edition, and in conformity with the original paging.

2. To accomplish the purpose avowed by the Revisers in their first Edition and aimed at in all the succeeding editions, namely, to "exhibit the whole written law of the State" — by adding subsequent volumes to contain all general laws not incorporated into the Revised Statutes.

3. To give the Revised Statutes precisely as the Legislature has made them, adding to the original first Edition only what the Legislature has expressly and in terms enacted as amendments and leaving out only what has been expressly and in terms repealed.

4. To take no notice of constructive or implied repeals, as not being within my province, but peculiarly within that of the courts.

5. To retain the divisions as established by the Legislature, and for that purpose preserve not merely the original paging, but the original numbering of the sections and giving no other numbers but the original, making room for new sections by duplicating the numbers and distinguishing the duplicates by letters.

6. To have an index to each constitution immediately preceding the instrument; an index to the Revised Statutes at the end of the second volume, and an index to the general laws at the end of the last volume.

7. To refer, in the appropriate place, to every reported case hearing upon the Constitutions or the Statutes, so that at the end of each section the reader will find a reference to every case calculated to show the interpretation put upon it by the courts.

8. To add the notes of the Revisers as important and trustworthy aids in enabling us to attain the meaning of enactments, especially when made in the very language recommended by them.

In calling my work Statutes at Large, I entertain the purpose of publishing every year, directly after the adjournment of the Legislature, all the Statutes then enacted which may be of a general and permanent character, and that in such form as will enable them every third, fourth or fifth year, as the case may be, to be bound together in a form corresponding with this work.


New York, July 1, 1862.

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[The Editor having cited a Urge number of cases as bearing on the Statutes — over 4,000 in number — and brevity of citation having been a necessity with him. he annexes this table to aid the i in their examination of his authorities.]


How., Howard's TT. 8. Reports.

Hum., Humphrey's Reports.

II., Illinois Reports.

In. Indiana Reports.

Ire., Iredell's Reports.

J. Ca., Johnson's Cases.

J. C. R, Johnson's Chancery Reports.

Jo., Johnson's Decisions.

J. R., Johnson's Reports.

Jon., Jones' Reports.

Law R,.... Law Reporter.

Lit, Littel'8 Reports.

La., Louisiana Reports.

Mai. Maine Reports.

Man., Manning's Reports.

J. J. M.,.... J. J. Marshall's Reports.

Md., Maryland Reports.

Mass., Massachusetts Reports.

McL, McLean's Reports.

McM. McMullen's Reports.

Met., Met calf's Reports.

Miss., Mississippi Reports.

Mi., Missouri Reports.

Mon., Monroe's Reports.

B. Mon Ben. Monroe's Reports.

Mor., ....... Morris' Reports.

Munf. Munford's Reports.

N. H. New Hampshire Reports.

N. Y., New York Reports.

Oh., Ohio Reports.

Op., Opinions of Attorney-General.

Pai., Paige's Reports.

P. C. R, ... Parker's Criminal Reports.

Pa., Payne's Reports.

Peck, Peck's Reports.

Peck's Tr., . Peck's Trial.

P. L. J. Pennsylvania Law Journal.

Penn., Pennsylvania Reports.

Pet Ad.,... Peters' Admiralty Reports,

Pet., Peters' Reports.

Pick., Pickering's Reports.

Port, Porter's Reports.

Ran., Randolph's Reports.

Raw., Rawle's Reports.

R, Redington Reports.

Rh. I., Rhode Island Reports.

Rich Richardson's Reports.

Root, Root's Reports.

S. Ch.,..... Sanford's Chancery Reports.

S. S. C. Sanford's Sup. Court Reports.

S. & R Sergeant & Rawle's Reports.

Shep., Shepley's Reports.

S. & M, ... Smedes & Marshall's Reports.

Smith, Smith's Reports.

E. D. S., ... E. D. Smith's Reports.

Sn Sneed's Reports.

Sou., Southard's Reports.

St, Stanton's Reports.

Sum., Sumner's Reports.

Swan, Swan's Reports.

Tex., Texas Reports.

Verm., .... Vermont Reports.

Walk. Walker's Reports.

Wal., R J.,. R. J. Walker's Reports.

Wall., Wallace's Reports.

Wash., .... Washington's Reports.

Wa. Watts' Reports.

W. & S Watts & Sergeant's Reports.

W., Wendell's Reports.

Wha., Wharton's Reports.

Wha. St Tr., Wharton's State Trials.

Wh. Wheaton's Reports.

Wis., Wisconsin Reports.

Yer., Yerger's Reports.

Za., Zabriskie's Reports.





They are divided into Four Parts:

The First Part relates to Territory, Civil Polity and Internal

The Second Part relates to the Eights of Property and of Persons.

The Third Part relates to the Administration of Civil Justice.

The Fourth Part relates to the Administration of Criminal Justice.



CHAP. I. Of the boundaries of the State and its Territorial Jurisdiction.

Vol. Pa*e.

Title 1. The Boundaries of the State, I, 75

and III, 3

Title 2. The Sovereignty and Jurisdiction of the State, I, 79

and III, 7

CHAP. H. Of the Civil Divisions.

Title 1. The several Counties, I, 80

• and V, Ap.

Title 2. The Senate Districts, I, 81

and HI, 10


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