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TITLE XXXV

OF THE GENERAL STATUTES, AND THE REPEAL OF
STATUTES THEREIN REVISED AND ARRANGED.

CHAPTER 260. Of the General Statutes.

CHAPTER 261. Of the repeal of statutes herein revised and arranged.

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SECTION 1. The provisions contained in the preceding chapters into operation. shall take effect and go into operation on and after the second day of December, in the year eighteen hundred and seventy-two, unless otherwise therein expressly provided.

What statutes

in to be deemed in force from time of first enactment.

What English statutes in force.

General Stat

utes, how to be designated and cited.

SEC. 2. Such, and so much of the statutes contained in this revision as remain in substance the same as before the 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 General Statutes, adding to the citation, when necessary, the number of the chapter and of the section.

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SECTION

rights accruing or accrued, and
suits or proceedings in civil
cases, before repeal.

4. Effect of upon offences committed,
and penalties and forfeitures in-
curred before repeal.

5. Effect of, upon suits and prosecu

tions pending at time of repeal,
for offences committed, and pen-
alties and forfeitures incurred
before repeal.

6. Effect of, upon officers whose
offices are not abolished, &c.

7 and 8. Effect of, upon acts repealing former acts.

SECTION

9. Effect of reference to, and adop-
tion by General Statutes of act

or part of act repealed, abro-
gated, or modified by General
Statutes.

10. Effect of repeal of limitation acts,
&c., upon time which has begun

to run, when limitation is re-
tained in General Statutes.
11. Revised Statutes of 1857, repealed
by General Statutes.

12. Enumeration of statutes passed
since the publication of the
Revised Statutes of 1857, re-
pealed by General Statutes.

SECTION 1. All acts and parts of acts, the subjects whereof are revised and reënacted in this revision, or which are repugnant to the provisions therein contained, shall be repealed on and after the second day of December, in the year eighteen hundred and seventy-two, with the exceptions and limitations hereinafter expressed.

SEC. 2. In cases in which any provisions of the General Statutes are made to go into operation at any time after the second day of December, in the year eighteen hundred and seventy-two, 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 General 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 such repeal shall take effect; but the proceedings in every such case shall be conformed, when necessary, to the provisions of the General 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 effected by the repeal, except that when any punishment, penalty, or forfeiture shall be mitigated by the provisions of the General Statutes, such provisions may be extended and applied to any judgment to be pronounced after the said repeal.

Repeal of acts repugnant to revision, when to take effect.

Operation of repealed acts prolonged, when.

Effect of repeal upon acts done, &c., and proceedings in civil cases be

rights accrued.

fore repeal.

Effect of, upon offences compenalties, &c., incurred before repeal.

mitted, and

tions, &c., pending at time of repeal.

SEC. 5. No suit or prosecution, pending at the time of the said re- Upon prosecupeal, 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 General 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 General 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.

Upon officers whose offices ished.

are not abol

Upon acts repealing former

acts.

Same subject.

Effect of reference to and doption by General Statutes of acts repealed, &c., by

same.

Effect of limi-
tation acts,
&c., retained
in Revised
Statutes.

Revised Statutes of 1857 repealed by General Statutes.

Enumeration

of statutes repealed by General Statutes.

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 General 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 General Statutes.

SEC. 10. In any case where 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 General 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 General Statutes.

SEC. 11. The act entitled the Revised Statutes of the State of Rhode Island and Providence Plantations, passed at the January session, A. D. 1857, of the general assembly, containing titles numbered from I to XXXV, both inclusive, and chapters numbered from one to two hundred and forty-six, both inclusive, is hereby repealed, subject to the provisions contained in the preceding sections of this chapter.

SEC. 12. All the statutes hereinafter mentioned, described, and entitled, and passed since the publication of the Revised Statutes of 1857, are hereby repealed, subject to the provisions contained in the preceding sections of this chapter; that is to say:

Acts passed May session, 1857.

CHAP. 250. An act to abolish the September term of the court of common pleas, in and for the county of Providence.

Acts passed January session, 1858.

CHAP. 253. An act relative to Kelly's Bridge in Warren.

CHAP. 257. An act in addition to chapter 97, title XVI, of the Revised Statutes, "of private and several oyster fisheries."

CHAP. 259. An act in amendment of chapter 146, title XXII, of the Revised Statutes, "of the conveyance of real estate."

CHAP. 260. An act in amendment of title XII, chapter 47, of the Revised Statutes, "of appropriations for the education of indigent blind, deaf and dumb, idiot, and imbecile persons."

CHAP. 262. An act in addition to title XVII, chapter 111, of the Revised Statutes, "of the inspection and sale of certain merchandise." CHAP. 264. An act in amendment of chapter 127, title XIX, of the Revised Statutes, "of returns of banks and institutions for savings."

CHAP. 265. An act in addition to title XVI, chapter 98, of the Revised Statutes, "of certain fisheries."

CHAP. 266. An act in amendment of title XIX, chapter 128, sections 11 and 12, of the Revised Statutes, " of manufacturing corporations." CHAP. 267. An act in amendment of title III, chapter 12, section 3, of the Revised Statutes, "of the revenue of the state."

CHAP. 268. An act in amendment of title XXVIII, chapter 195, section 11, of the Revised Statutes, "of the serving of executions.”

CHAP. 269. An act in amendment of, and in addition to, title XXX, chapter 218, of the Revised Statutes, "of offences against public policy."

CHAP. 272. An act in amendment of title XIX, chapter 130, of the Revised Statutes, "of railroad corporations."

CHAP. 273. An act relative to banks and institutions for savings, in repeal of title XIX, chapter 126, of the Revised Statutes.

CHAP. 276. An act in amendment of title XXV, chapter 165, section 16, of the Revised Statutes, "of the court of common pleas."

CHAP. 277. An act in amendment of title XXXIII, chapter 230, section 3, of the Revised Statutes, "of fees and costs in certain cases."

CHAP. 278. An act in amendment of title XIX, chapter 130, of the Revised Statutes, "of railroad corporations."

CHAP. 279. An act in addition to, and in amendment of title XXVIII, chapter 200, of the Revised Statutes," of the relief of insolvents."

CHAP. 282. An act in addition to title XIV of the Revised Statutes, "of internal police."

CHAP. 283. An act in addition to, and in amendment of title V, chapter 19, of the Revised Statutes, "of the secretary of state;" and of title XXV chapters 164 and 168, of the Revised Statutes, "of the judiciary and its officers."

Acts passed May session, 1858.

CHAP. 287. An act establishing the salaries of the clerk of the supreme court and the clerk of the court of common pleas in the county of Bristol.

CHAP. 288. An act in amendment of title XVIII, chapter 117, of the Revised Statutes, "of auctioneers."

Acts passed January session, 1859.

CHAP. 289. An act in relation to the arrangement and passage of the public laws. CHAP. 291. An act in amendment of chapter 69 of the Revised Statutes, "of the normal school, teachers' institutes, and lectures."

CHAP. 292. An act to amend chapter 187, section 34, of the Revised Statutes, "of views, witnesses, depositions, and evidence."

CHAP. 294. An act in addition to chapter 34 of the Revised Statutes, "of the town council."

CHAP. 295. An act in relation to trustees under mortgages of railroad corporations.

CHAP. 296. An act to amend chapter 183 of the Revised Statutes, "of foreign attachments."

CHAP. 297. An act in addition to chapter 17 of the Revised Statutes, "of the state auditor and of returns to him."

CHAP. 298. An act in amendment of chapter 138 of the Revised Statutes, " of guarIdian and ward."

CHAP. 299. An act in amendment of chapter 273, entitled “ An act relative to banks and institutions for savings, in repeal of title XIX, chapter 126, of the Revised Statutes."

CHAP. 300. An act in amendment of chapter 264, passed at the January session, A. D. 1858, entitled "An act in amendment of chapter 127, title XIX, of the Revised Statutes, of returns of banks and institutions for savings.'

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CHAP. 301. An act in amendment of chapter 273, entitled "An act relative to banks and institutions for savings, in repeal of title XIX, chapter 126, of the Revised Statutes."

CHAP. 302. An act in amendment of chapter 273 of the public laws, entitled

"An act relative to banks and institutions for savings, in repeal of title XIX, chapter 126, of the Revised Statutes.

CHAP. 303. An act in addition to chapter 211 of the Revised Statutes, “of offences against public justice."

CHAP. 304. An act in addition to chapter 164 of the Revised Statutes, "of the supreme court."

CHAP. 305. An act in addition to chapter 150 of the Revised Statutes, "of the lien of mechanics."

CHAP. 306. An act in amendment of chapter 179 of the Revised Statutes, "of the plaintiff's surety and the service of writs."

CHAP. 307. An act in amendment of chapter 79 of the Revised Statutes, "of shows and exhibitions."

CHAP. 308. An act in addition to chapter 287, entitled "An act establishing the salaries of the clerk of the supreme court and the clerk of the court of common pleas in the county of Bristol."

CHAP. 309. An act in amendment of, and in addition to chapter 123, of the Revised Statutes, "of weights and measures."

CHAP. 310. An act in addition to chapter 44 of the Revised Statutes, “of repairing highways and bridges."

CHAP. 311. An act in amendment of chapter 96 of the Revised Statutes, "of free and common oyster fisheries."

CHAP. 314. An act in amendment of, and in addition to chapter 129 of the Revised Statutes, "of insurance companies."

CHAP. 315. An act in amendment of chapter 187 of the Revised Statutes, " of views, witnesses, depositions, and evidence."

CHAP. 316. An act in amendment of chapter 198 of the Revised Statutes, relief of poor debtors."

"of the

Acts passed May session, 1859.

CHAP. 317. An act in amendment of chapter 102, title XVII, of the Revised Statutes, "of the inspection of lime."

Acts passed January session, 1860.

CHAP. 322. An act providing for the establishment and support of a state normal school, and in repeal of chapter 69, title XIII, of the Revised Statutes, entitled “ of the normal school, teachers' institutes, and lectures."

CHAP. 323. An act in amendment of chapter 66, title XIII, of the Revised Statutes, "of the powers and duties of school committees."

CHAP. 325. An act in addition to, and in amendment of section 11, chapter 227, title XXXII, of the Revised Statutes, " of the reform school in the city of Providence."

CHAP. 326. An act in amendment of chapter 82, title XIV, of the Revised Statutes, "of dogs."

CHAP. 327. An act in addition to chapter 176, title XXVI, of the Revised Statutes, "of actions."

CHAP. 328. An act in addition to chapter 273, entitled "An act relative to banks and institutions for savings, in repeal of title XIX, chapter 126, of the Revised Statutes."

CHAP. 329. An act in amendment of chapter 122, title XVIII, of the Revised Statutes, "of bills of exchange and promissory notes."

CHAP. 331. An act in amendment of chapter 188, title XXVII, of the Revised Statutes, "of referees, auditors, and masters in chancery."

CHAP. 332. An act in amendment of, and in addition to chapter 167, title XXV, of the Revised Statutes, "of special courts of common pleas, and of proceedings therein."

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