not previously specified in this section, relating to fees er other compensation of an officer or other person, as is inconsistent with, or the subject-matter whereof is fully provided for in the Code of Civil Procedure, whether such provision has been heretofore generally repealed or not. 2. The repeal, by the last preceding section of the Code of Procedure, and of the portions of the Revised Statutes therein specified, effects also the repeal of all of the existing laws which expressly amend the said Code of Procedure or the portions of the Revised Statutes so repealed, by adding to, or otherwise altering the text thereof.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 laws of eighteen hundred and thirteen, or the Revised Statutes, 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. 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 a special proceeding had or taken pursuant to law before this act takes effect; and where the repeal of a provision, specified in that section, 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 other lawful act done, or right, defence or limitation, lawfully accrued or established, before this act takes effect; and every such right or act remains as valid and effectual as if this act had not been passed. But this subdivision does not apply to a case provided for in chapter fourth of the Code of Civil Procedure. 3. It does not affect any offence committed, or penalty or forfeiture incurred, before this act takes effect, except 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 this act takes effect. 4. It does not affect the jurisdiction, power or au thority of any court or judge, in a criminal action or a criminal 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 sixth of this section, or implied in chapter twenty-second of the Code of Civil Procedure. 5. 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 a special proceeding, of which such a court retains jurisdiction, under the laws in force, after this act takes egect; nor does it affect any future proceeding taken pursuant to law, in such an action or special proceeding, except as otherwise implied in the Code of Civil Procedure. 6. It does not affect the power, authority or jurisdic tion of the county court respecting ferries, fisheries, turnpike roads, wrecks, physicians, habitual drunkards, the removal of occupants from State lands, the laying out of railroads through Indian lands, and upon appeal from the determination of commissioners of highways, and all other powers and jurisdiction specially conferred by any statute remaining unrepealed after this act takes effect upon the late court of common pleas of the county or the county court, and to prescribe the manner of exercising such jurisdiction, where the provisions of any statute are inconsistent with the organization of the county court. 7. It does not affect any provision of the existing laws relating to the district courts of the city of New-York, or costs or fees or proceedings in, or appeals from, those courts, or the appointment, tenure of office, duty, or compensation of stenographers in those courts, except so far as the subject thereof is expressly regulated or provided for in the Code of Civil Procedure. 8. It does not affect the right of a prevailing party to recover the fees of referees and witnesses and his other necessary disbursements upon the reference of a claim against a decedent, as provided in those portions of the Revised Statutes left unrepealed after this act takes effect. 9. Except as otherwise prescribed in section two of this act, the repeal of any provision 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. 10 The repeal of any provision of the existing laws does not revive any law repealed by the latter. 11. 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 former repeal. 12. The repeal of a portion of a law is not to be construed as reviving any other portion of that law which has been expressly or impliedly repealed by a law subsequently enacted, 13. Where a provision of the existing laws, incorporated into, or adopted or otherwise referred to in any other provision of the existing laws remaining in force after this act takes effect, is repealed, the former provision, nevertheless, remains in force, for the purpose for which it is so referred to, and for no other; except that where it has been revised in, and made a part of the Code of Civil Procedure, the reference is to be construed as applying to the appropriate provisions so revised. 14. 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 Code of Civil Procedure, or in any other of the existing laws remaining unrepealed after this act takes effect, does not create a vacancy therein, nor does such repeal, except as otherwise prescribed in subdivision fifty-fifth of section first of this act, abolish, diminish or otherwise affect the salary, fees or other compensation of the incumbent, or the time or manner of the payment thereof, or the fund out of which, or officer by whom they are paid, as regulated by the laws so repealed, or the laws remaining unrepealed; nor does this act affect any provision of the existing laws, which requires, in the city of New-York, a party filing a first note of issue of fact in the supreme court or a superior city court to pay any sum to the clerk; or which relates to the accounting for, applica tion and disposition of, the sums so paid. 4. The term "existing laws," as used in this act, designates the statutes of the State remaining unre pealed on the day before this act takes effect. $5. This act shall take effect on the first day of September, eighteen hundred and eighty. PUBLICATION ACT. LAWS OF 1880, CHAP. 522. AN ACT SUPPLEMENTAL ΤΟ CHAPTER ONE HUNDRED "AN AND HUN ACT SUPPLE PASSED MAY 31, 1880; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter one hundred and seventy-eight of the laws of eighteen hundred and eighty, entitled "An act supplemental to the Code of Civil Procedure," shall not be printed or published for the use of the State, or of any State department or State officer, or otherwise in any manner, at the expense of the State, except in the volumes containing the laws of this session of the legislature, to be printed and published as prescribed by law; nor shall it be printed or published in any newspaper, at the expense of the State, or of any county, but the same and the sections amended by said act, and also any other acts which may be passed at this session, amending the same, shall be printed and published in a separate volume of the session laws, which shall contain no other laws. The said supplemental act shall be separately indexed at the end of the said volume, but the other act or acts in the said volume shall not be indexed. 2. This act shall take effect immediately. |