All of chapters seven hundred, seven hundred and ten, seven hundred and thirty-three, seven hundred and forty-four, and seven hundred and sixty-six. Sections one and five of chapter seven hundred and ninety-nine. 46. [1872.] Of the laws of eighteen hundred and seventy two: Chapters sixteen, one hundred and thirty-nine, and two hundred and sixty. All of chapter four hundred and thirty eight, except so much as relates to criminal courts. [And to clerks and assistant clerks of the district courts of the city of New York. L. 1878 ch. 345.] All of chapters four hundred and ninety-nine, five hundred and nineteen, five hundred and thirty-five, and five hundred and thirty-eight. Sections one, three, eight and twelve of chapter six hundred and twenty-nine. All of chapters six hundred and eighty-eight and seven hundred and seventy-eight. 47. [1873.] Of the laws of eighteen hundred and seventy-three: So much of sections one and two of chapter seventy as prescribes a preference of causes on the calendars of courts. Section one of chapter one hundred and sixty-five. All of chapters one hundred and ninety-six, two hundred and twelve, two hundred and thirty-nine, and two hundred and ninety-nine. So much of chapter four hundred and twenty-seven as relates to civil causes. Sections two and three of chapter four hundred and afty-three. All of chapter six hundred and three. 48. [1874.] Of the laws of eighteen hundred and seventy-four: Chapter fifty-two. All of chapter fifty-seven, except section three thereof. All of chapter two hundred and thirty-two, except section five thereof. All of chapter three hundred and twenty-two. Sections four, five, eight and thirteen of chapter five hundred and forty-five. 49. [1875.] Of the laws of eighteen hundred and seventy-five: Chapters three and tuirty two. All of chapters fifty-two, one hundred and twenty. seven, one hundred and thirty-one, one hundred and thirty-nine, and one hundred and sixty-seven. Sections one and four of chapter two hundred and fifty-one. All of chapter three hundred and sixty-six. All of chapter four hundred and seventy-nine, except section forty-one thereof, sections forty-three to fifty. two thereof, both inclusive, and sections fifty-four and fifty-five thereof. All of chapter six hundred and sixteen. 2. Repeal by last preceding section, effect of— The repeal, by the last preceding section, of the portions of the Revised Statutes and of the Code of Procedure there in specified effects also the repeal of so much of the exist ing laws as expressly amends the portions so repealed, by adding to or otherwise altering the text thereof. The description contained in the last preceding section of statutes, other than the Revised Statutes or the Code of Procedure, refers to the statutes as they appear in the volumes of the laws of each session, printed and published by the State printer until the year eighteen hundred and forty-two, and after that year under the direction of the secretary of State. § 3. Qualifications in relation to repeal - The repeal, effected by the first section of this act, is subject to the following qualifications: 1. It does not render ineffectual, or otherwise impair, any proceeding in an action or special proceeding, taken, according to any provision of the existing laws, before this act takes effect; and where it would render ineffectual, or otherwise impair such a proceeding, that provision must be deemed to remain unrepealed, for the purpose of avoiding such a result. 2. It does not affect any lawful act done, or right accrued or established, before this act takes effect; but every such act or right remains as valid and effectual, as if this act had not been passed. 3 It does not affect any offense committed, or penalty or forfeiture incurred, before this act takes effect; ex cept that the proceedings in a civil action or special proceeding, brought by reason thereof, are subject to the provisions of the laws in force after that time. 4. It does not affect the jurisdiction, power, or authority of any court or judge, in a criminal action or special proceeding, nor does it affect any future proceeding, taken, according to the existing laws, in such an action or special proceeding; except as otherwise prescribed in subdivision eighth of this section, or in the act chap. ter four hundred and forty-nine of the laws of eighteen hundred and seventy-six, entitled "An act explaining, defining, and regulating the effect and application of, and otherwise relating to, the act, passed at this session of the legislature, entitled 'An act relating to courts, officers of justice, and civil proceedings.' 5. It does not affect the jurisdiction, power, or au thority of the court of common pleas for the city and county of New York, in an appeal from a determination of the marine court of the city of New-York, or of a district court of that city, or any proceeding upon such an appeal. 6. It does not affect the power or authority of a court, other than the supreme court, a superior city court, the marine court of the city of New-York, or a county court, in an action or special proceeding, of which such a court retains jurisdiction, under the laws in force after this act takes effect; nor does it affect any future proceeding taken, according to the existing laws, in such an action or special proceeding; except as otherwise prescribed in the act, specified in subdivision fourth of this section. 7. It does not affect the jurisdiction, power or author ity of a mayor's or recorder's court, or of a judge there of, in or over an action or special proceeding, commenced in such a court, before this act takes effect; nor does it affect any future proceeding, taken, according to the existing laws, in such an action or special proceeding; except as otherwise prescribed in the act, specified in subdivision fourth of this section. 8. It does not affect any list or drawing of grand or petit jurors, or the ballots containing their names, prepared or made according to the existing laws, until a new list or new ballots are prepared, or a new drawing la made, as prescribed in the act, chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, entitled "An act relating to courts, officer of justice, and civil proceedings," and in the act specified in subdivision fourth of this section. Nor does it affect the qualifications or exemptions of grand or petit jurors, until the provisions of those acts, relating to the same subjects, take effect, 9. It does not affect an execution issued out of a court of record, before this act takes effect; or the proceedings taken by virtue of such an execution, including the sale of property, and the redemption of real property, or a chattel real, sold by virtue thereof. All such proceedings are governed by the provisions of the existing laws, relating thereto; which provisions, for that purpose, remain in force, as if this act had not been passed. 10. It does not affect any provisions of the existing laws, prescribing the place or places where one or more terms of a court, other than the terms of the court of appeals, or the general terms of the supreme court, must or may be held. 11. Except as otherwise prescribed in section two of this act, the repeal of any provisions of the existing laws, which has been amended by a subsequent provision of those laws, not expressly repealed by this act, does not affect the subsequent provision. 12. The repeal of any provision of the existing laws does not revive any law repealed by the latter. 13. The repeal of a law heretofore repealed is not to be construed as a declaration or implication, that the repealed law has been in force, at any time subsequent to the formal repeal. 14. The repeal of a portion of a law is not to be con strued as reviving any other portion of that law, which has been expressly or impliedly repealed by a law sub sequently enacted. 15. Where a provision of the existing laws, incor porated into, or adopted, or otherwise referred to, in any provision of the existing laws, remaining in force after this act takes effect, is repealed, that provision, nevertheless, remains in force, for the purpose to which it is so referred to, and for no other; except that where it has been revised in and made a part of the act chapter four hundred and forty-eight of the laws of eighteen So in the original. hundred and seventy-six, entitled "An act relating to courts, officers of justice and civil proceedings," the reference is to be construed as applying to the appropriate provisions so revised. 16. The repeal of any of the existing laws creating, or otherwise relating to, an office or employment, where the same, or a corresponding office or employment, is provided for or recognized, in the act, specified in subdivision fifteen of this section, or in any of the existing laws, remaining in force, after this act takes effect, does not create a vacancy therein, or affect the compensation of the incumbent. 17. [Amended, 1879.] The repeal of the laws conferring upon a graduate of the law department of the university of Albany, or of the law department of the university of the city of New-York, or of the law school of Columbia College, or of the law department of Hamilton College, the right to be admitted to practice as an attorney and counsellor at law, upon the production of his diploma, does not affect the right of a person who was a student in or was graduated by either of those departments or schools, on or before the first day of April, eighteen hundred and seventy-eight, to be so admitted at any time within one year after this amendatory act takes effect, upon his complying with the existing laws as hereinafter defined relating to the admission of such graduate to practice, nor does the repeal of said laws or of chapter four hundred and eightysix of the laws of eighteen hundred and seventy-one affect the right of any other person, who, but for the repeal of the said law or laws, would have been entitled to be admitted as an attorney and counsellor at law, to be so admitted as an attorney and counsellor at law at any time before the first day of June, eighteen hundred and eighty, upon his complying with the existing laws as defined in section four of the act hereby amended relating to the admission of such a graduate or person to practice, or upon the production of a license granted to any such person by the supreme court at a general term thereof, permitting said person to practice as an attorney. §4. The term "existing laws," as used in this act, designates the statutes of the State remaining unrepealed on the day before this act takes effect. $5. Act takes effect September 1, 1877. — This act shall take effect on the first day of September, eighteen hundred and seventy-seven. |