TITLE XXXV. Of the Revised Statutes, and the Repeal of Statutes therein revised and arranged. CHAPTER 245. Of the revised statutes. CHAPTER 246. Of the repeal of statutes herein revised and arranged. SECTION 1. The provisions contained in the preceding chapters shall take effect and go into operation from and after the first day of July next, unless otherwise therein expressly provided. SEC. 2. Such, and so much of the statutes contained in this revision as remain in substance the same as before said revision, shall be deemed and taken to have continued in force from the time of their first enactment, and as if this revision had not been made. SEC. 3. In all cases in which provision is not made herein, such English statutes, introduced before the declaration of independence, which have continued to be practised under, as in force in this state, shall be deemed and taken as a part of the common law thereof, and remain in force until otherwise specially provided. SEC. 4. The statutes consolidated and arranged in this revision, shall not in any citation or enumeration of the statutes, be deemed and taken as statutes of the present political year; but in all citations thereof, may be designated as the revised statutes, adding to the citation, when necessary, the number of the chapter and of the section. CHAPTER 246. OF THE REPEAL OF STATUTES HEREIN REVISED AND SECTION ARRANGED. 1. Repeal of acts and parts of acts repugnant to revision, from what time to take effect. 2. Operation of repealed acts prolonged, when. 3. Effect of repeal upon acts done, rights accruing or accrued, and suits or proceedings in civil cases, before repeal. 4. Effect of upon offences committed, and penalties and forfeitures incurred before repeal. 5. Effect of, upon suits and prosecutions pending at time of repeal, for offences committed, and penalties and forfeitures incurred before repeal. 6. Effect of, upon officers whose offices are not abolished, &c. SECTION 7 and 8. Effect of, upon acts repealing former acts. 9. Effect of reference to, and adoption by revised statutes of act or part of act repealed, abrogated or modified by revised statutes. 10. Effect of repeal of limitation acts, &c., 11. Enumeration of statutes in digest of SECTION 1. All acts and parts of acts, the subjects whereof are revised and reenacted in this revision, or which are repugnant to the provisions therein contained, shall be repealed from and after the first day of July next, with the exceptions and limitations hereinafter expressed. SEC. 2. In cases in which any provisions of the revised statutes are made to go into operation at any time after the first day of July next, the corresponding provisions, if any, of the repealed statutes, shall continue in force until such new provisions shall go into operation, except so far as may be in said revised statutes otherwise expressly provided. SEC. 3. The repeal of the acts hereinbefore referred to, or hereinafter enumerated, shall not affect any act done, or any right accruing or accrued, or acquired or established, or remedy for any injury thereto, or any suit or proceeding had or commenced in any civil case, before the time when said repeal shall take effect; but the proceedings in every such case shall be conformed, when necessary, to the provisions of the revised statutes. SEC. 4. No offence committed, and no penalty or forfeiture incurred under any of the acts hereby repealed, and before the time when such repeal shall take effect, shall be affected by the repeal, except that when any punishment, penalty or forfeiture shall be mitigated by the provisions of the revised statutes, such provisions may be extended and applied to any judgment to be pronounced after the said repeal. SEC. 5. No suit or prosecution, pending at the time of the said repeal, for any offence committed, or for the recovery of any penalty or forfeiture incurred under any of the acts hereby repealed, shall be affected by such repeal, except that the proceedings in such suit or prosecution shall be conformed, when necessary, to the provisions of the revised statutes. SEC. 6. All persons who, at the time when the said repeal shall take effect, shall hold any office under the acts hereby repealed, shall continue to hold the same under the tenure thereof, except those offices which have been abolished, and those as to which a different provision shall have been made by the revised statutes. SEC. 7. No act which has been heretofore repealed, shall be revived by the repeal contained in this chapter of any of the acts hereby repealed. SEC. 8. The repeal in this chapter of any statute or part of a statute 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. SEC. 9. When any statute not herein repealed, refers to and adopts any statute or part of a statute which is herein repealed, or any provision or rule of law which is abrogated or modified by the revised statutes, such statute or part of a statute, or provision or rule of law so referred to and adopted, shall not be deemed repealed by the provisions of this chapter; but shall be in force only so far as the same shall have been so adopted, and for no other purpose, and so far only as not repugnant to or inconsistent with the provisions of the revised statutes. SEC. 10. In any case when a limitation or period of time prescribed in any of the acts repealed by this chapter, for the acquiring of any right, or the barring of any remedy, or for any other purpose, shall have begun to run, and the same or any similar limitation is prescribed in the revised statutes, the time of limitation shall continue to run, and shall have the like effect as if the whole period had begun and ended under the operation of the revised statutes. SEC. 11. All the statutes hereinafter mentioned, described, and contained in the Digest of 1844, are hereby repealed, subject to the provisions contained in the preceding sections of this chapter; that is to say: An act defining the several counties in this state. An act in relation to certain lands in the state owned by the United States. An act in relation to the seal of the state. An act in relation to the construction of statutes. An act to regulate the organization of the general assembly. An act directing the method of passing the acts of the general assembly, and for recording and distributing the same, and for distributing the laws of the United States. An act directing the method of preferring petitions to the general assembly, and of acting thereon. An act in relation to the secretary of state. An act in relation to the attorney-general. An act in relation to the general treasurer. An act relative to senators and representatives to represent this state in congress, and of electors for the election of president and vice-president of the United States. An act in relation to sheriffs, deputy sheriffs and jailers. An act in relation to coroners. An act relative to public notaries. An act in relation to the supreme court. An act establishing courts of common pleas. An act directing the times and places of holding the terms of the supreme courts and the courts of common pleas. An act in relation to justices of the peace. An act prescribing the forms of writs and manner of serving them. An act prescribing the manner of proceedings in courts. An act establishing and regulating fees. An act in relation to bail in civil actions. An act in relation to jurors. An act authorizing and regulating the taking of depositions. An act for the relief of poor persons imprisoned for debt. An act concerning actions of account. An act regulating proceedings in replevin. An act concerning waste. An act relating to dower, and the assignment thereof. An act concerning partition, and estates holden in common and in joint-tenancy. An act concerning mortgages of real and personal estate. An act directing proceedings in cases of forcible entry and detainer. An act regulating water-mills. An act to redress misemployment of property given to certain charitable uses. An act for the relief of insolvent debtors. An act for quieting possessions and avoiding suits at law. An act for the limitation of certain personal actions. An act to prevent frauds and perjuries. An act establishing courts of probate. An act in relation to wills of real and personal estate. An act directing the descent of intestate estates and the settlement thereof, and for other purposes therein mentioned. An act for the equal distribution of insolvent estates. An act securing the estates of persons dying leaving real or personal estate within this state, and leaving no known heir or others entitled to distribution, within the United States. An act to regulate conveyances of real estate. An act declaring what is real and what personal estate, in certain cases. An act regulating marriage and divorce. An act to secure the fulfilment of certain contracts, and for the relief of married women in certain cases. An act to prevent clandestine marriages. An act for registering marriages, births and burials. An act concerning the property of married women. An act respecting guardians. An act to secure to masters and apprentices and minor servants, bounden by deed, their mutual privileges. An act relating to principals and agents or factors. An act authorizing limited partnerships. An act for the relief of partners and joint debtors. An act fixing the rate of legal interest. An act in relation to bills of exchange and promissory notes. An act in relation to banks. An act to prevent the circulation of private securities as a currency. An act declaring towns to be bodies corporate, and prescribing the manner of recovering debts due from towns. An act in relation to the election and duties of town officers. An act establishing auctioneers. An act constituting the several town councils ex officio boards of health. An act to prevent the spreading of contagious or infectious sickness in this state. An act for laying out highways. An act for the mending of highways and bridges. An act for the erection and support of guide posts upon public roads. An act apportioning the expense of repairing Hunt's bridge among the towns of North Kingstown, Warwick and East Greenwich. An act to prevent laying vessels to and lading and unlading wood or merchandise upon the bridge over Apponaug river. An act to prevent canoes and boats being made fast to the abutments, or any part of the bridge at Pawtuxet falls. An act to prevent damage being done to Weybosset bridge, in Providence. An act in relation to turnpike-roads and toll-bridges, and keepers of toll-gates. An act ascertaining what shall constitute a legal settlement. An act providing for the relief, employment and removal of the poor. An act relating to theatrical exhibitions and places of amusement. An act to prevent drunkenness. An act regulating proceedings in cases of bastardy. An act in relation to firemen and fire companies. An act in relation to the discharge of fire-arms, and the firing and selling of fire-works. An act concerning dogs. An act regulating fences. An act establishing pounds. An act for impounding certain animals in certain cases, and for recovering damages that shall be done by them. An act to prevent certain animals from going at large. An act relative to estrays. An act concerning crimes and punishments. An act in relation to the officers and discipline of the state prison. An act directing the keepers of jails in this state to receive and safe keep all prisoners committed under the authority of the United States. An act to protect the officers of justice of adjoining states in passing through this state in the execution of their duties. An act for the preservation of stakes and buoys within the waters of this state, and for other purposes. An act in relation to lotteries and lottery tickets. An act to prevent trespasses. An act regulating the assessing and collecting of taxes. An act to prevent hawking and peddling without license. An act requiring clerks of the courts to account, and for other purposes. An act in relation to the Providence and Pawtucket turnpike-road, now belonging to the state. An act to provide for the safe-keeping of the money received from the United States, by virtue of an act of congress, entitled "An act to regulate the deposits of the public moneys;" approved June 23, 1836. An act to regulate the inspection of beef and pork. An act regulating the inspection of fish. An act to regulate the survey and admeasurement of lumber, brought by water or imported into this state. An act to regulate the inspection of scythe stones. An act regulating the assize of lime casks, and the inspecting of lime. An act to regulate the measuring of grain, salt and sea-coal. An act to prevent frauds and abuses in the sale of hoops. An act to prevent frauds in the tare of butter firkins or tubs. An act regulating the assize of cider barrels. An act substituting net weight for gross weight, and ascertaining the weight of certain articles. An act establishing a method of gauging. An act regulating millers in their taking toll. An act to prevent fraud in fire-wood and charcoal exposed for sale. An act relative to certain fisheries. An act to prevent the taking of sea-weed from the shore of Dutch Island. An act to regulate the measure of fish sold for manure. An act to regulate the taking of sea-weed from Hyde's hole beach, in Barrington. An act confirmatory of the tenure of lands belonging to the Narragansett tribe of Indians, and for other purposes therein mentioned. An act in relation to the Indian tribe in this state. An act to secure and appropriate the Touro Jewish Synagogue Fund, passed June session, 1823. An act in addition to the act to secure and appropriate the Touro Jewish Synagogue Fund, passed June session, 1827. A resolution with respect to said fund, passed June, 1834. An act to regulate the fishery in Pawcatuck river. An act to enforce an act entitled “An act to regulate the fishery in Pawcatuck river." |