ARTICLE 3. Ancient Statutes and Resolutions. Section 70. Statutes of England and Great Britain inoperative in this state. 71. Acts of the legislature of the colony of New York inoperative. 72. Resolutions of the congress of the colony and the convention of New York inoperative. § 70. Statutes of England and Great Britain inoperative in this state. A statute of England or Great force or effect in this state since 71. Acts of the legis operative. itain shall not be deemed to have had any y first, seventeen hundred and eighty-eight. re of the colony of New York in Acts of the legislature of the colony of New York shall not be deemed to have had any force or effect in this state since December twenty-ninth, eighteen hundred and twenty-eight. 72. Resolutions of the congress of the colony and the convention of New York inoperative. The resolutions of the congress of the colony of New York and of the convention of the state of New York, shall not be deemed to be the laws of this state hereafter. ARTICLE 4. References, Titles and Head Notes. Section 80. References to repealed provisions. 81. Titles and head notes. § 80. References to repealed provisions. If any provision of a law be repealed and, in substance, re-enacted, a reference in any law to such repealed provision shall be deemed a reference to such re-enacted provision. § 81. Titles and head notes. If the title of any article or other division of a statute, or the head note of a section shall be amended or repealed in the body of the statute, or if a new article or other division having a title, or a new section having a new head note be added to a statute, the corresponding title or head note, if any, in an abstract of contents at the beginning of the article or other division of the statute shall be deemed to be correspondingly amended or repealed, although there be no express reference thereto. ARTICLE 5. Section 90. Effect of the repeal of a repealing statute. 91. Effect of the repeal of a statute upon amendments thereof. 92. Effect of the repeal of an amending statute. 93. Effect of repealing statute upon existing rights. 94. Effect of repealing statute upon pending actions and proceedings. 95. Effect of the repeal of a statute by another statute substantially re-enacting the former. 96. Effect of hyphen in schedule of repeals. 90. Effect of the repeal of a repealing statute. The repeal hereafter or by this chapter of any provision of a statute, which repeals any provision of a prior statute, does not revive such prior provision. 91. Effect of the repeal of a statute upon amendments thereof. The repeal by the Consolidated Laws of a statute includes a statute amendatory of the statute repealed. § 92. Effect of the repeal of an amending statute. The repeal hereafter or by this chapter of any provision of a statute, which amends a provision of a prior statute, leaves such prior provision in force unless the amendatory statute be a substantial re-enactment of the statute amended. § 93. Effect of repealing statute apon existing rights. The repeal of a statute or part thereof shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such repeal had not been effected. § 94. Effect of repealing statute upon pending actions and proceedings. Unless otherwise specially provided by law, all actions and proceedings, civil or criminal, commenced under or by virtue of any provision of a statute so repealed, and pending immediately prior to the taking effect of such repeal, may be prosecuted and defended to final effect in the same manner as they might if such provisions were not so repealed. § 95. Effect of the repeal of a statute by another statute substantially re-enacting the former. The provisions of a law repealing a prior law, which are substantial reenactments of provisions of the prior law, shall be construed as a continuation of such provisions of such prior law, modified or amended according to the language employed, and not as new enactments. § 96. Effect of hyphen in schedule of repeals. When two numbers in a schedule of repeals of the consolidated laws are connected by a hyphen both such numbers are included as well as all intermediate numbers. ARTICLE 6. Effect of Consolidated Laws. Section 100. Effect of consolidation upon laws passed at same session or before consolidation takes effect. 101. Effect of consolidated laws on penal law and civil and criminal codes. § 100. Effect of consolidation upon laws passed at same session or before consolidation takes effect. No provision of any chapter of the consolidation of the general laws, of which this chapter is a part, shall supersede or repeal by implication any law passed at the same session of the legislature at which any such chapter was enacted, or passed after the enactment of any such chapter and before it shall have taken effect; and an amendatory law passed at such session or at any subsequent session begun before any such chapter takes effect, shall not be deemed repealed, unless specifically designated in the repealing schedule of such chapter. § 101. Effect of consolidated laws on penal law and civil and criminal codes. The Consolidated Laws shall not be construed to amend, repeal or otherwise affect any provision of the panal law, code of civil procedure or code of criminal procedure unless expressly so stated. ARTICLE 7. Application of Chapter. Section 110. Application of chapter. § 110. Application of chapter. This chapter is applicable to every statute unless its general object, or the context of the language construed, or other provisions of law indicate that a different meaning or application was intended from that required to be given by this chapter. ARTICLE 8. Laws Repealed; When to Take Effect. Section 120. Laws repealed. 121. When to take effect. § 120. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 121. When to take effect. This chapter shall take effect immediately. AN ACT TO PRESCRIBE THE RULES FOR THE CONSTRUCTION OF THE CONSOLIDATED LAWS AND CODE AMENDMENTS. (L. 1909, ch. 596.) SECTION 1. In construing the consolidated laws and the amendments to the code of civil procedure and the code of criminal procedure reported to the legislature by the board of statutory consolidation constituted under the provisions of chapter six hundred and sixty-four, of the laws of nineteen hundred and four, entitled "An act to provide for the consolidation of the statutes of the state," and enacted by the legislature of nineteen hundred and nine and in construing the act amendatory thereof, known as chapter two hundred and forty of the laws of nineteen hundred and nine, for the purpose of determining the effect of any of the provisions or sections thereof or any other provision or section thereof, or on any special laws theretofore enacted, the several provisions and sections of such law and code amendments and said act amendatory thereof shall not be considered as having been enacted or re-enacted by the legislature at the time of the passage of the consolidated laws or such code amendments or said act amendatory thereof but as having been enacted as of the various times when such provisions and sections first became laws by any earlier statutes, provided, however, that when any provision of law after its first enactment by the legislature has been amended or re-enacted then for the purpose of its construction for the determination of its effect on other sections or provisions of the consolidated laws, it shall be considered as having been enacted at the date of such amendment or reenactment. If in any such consolidated law and such amendments to the code of civil procedure and the code of criminal procedure as enacted by the legislature of nineteen hundred and nine of said act amendatory thereof there shall have been incorporated any provisions of the law that have heretofore been superseded or impliedly repealed, the incorporation of any such provisions shall not be construed as a legislative intent to revive such superseded or repealed provisions, nor shall such incorporation in such consolidated laws be construed to indicate any legislative determination that such provisions had not been heretofore so superseded or repealed. The true purpose and intent of this act is to prescribe that the statute law of the state, so far as it has been reproduced in such consolidated laws and in such amendments to the sode of civil procedure and the code of criminal procedure, and in said chapter two hundred and forty of the laws of nineteen hundred and nine, and all special laws in force at the time of the enactment of such consolidated laws, shall be of the same force and effect as they were before the enactment of such consolidated laws or code amendments or said act amendatory thereof. 516 |