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392. The clerk of the Returns Office shall file all returns. Clerk to file re-
June 2, 1862, c.
93, 8. 4, v. 12, p.
Iune 2, 1862, c-
Sec. 514, R. S.
394. The clerk of the Returns Office shall furnish copies. Copies of re.
93, s. 4, v. 12, P.
Sec. 515, R. S.
THE REVISED STATUTES —THE STATUTES AT
395. Commissioners to revise and 412. Commissioner to prepare new
consolidate the general edition of Revised Statutes.
be legal evidence.
utes to be prima facie eri.
419. To be prima facie evidence.
424. Statutes at Large.
copies of acts of each ses-
? The Revised Statutes must be accepted as the law on the subjects which they
395. That the President of the United States be, and he Commissioners is hereby, authorized, by and with the advice and consent solidate the gen: of the Senate, to appoint three persons, learned in the law, the United as commissioners, to revise, simplify, arrange, and consoli. June 27, 1866, v.
14, p. 74. date all statutes of the United States, general and permanent in their nature, which shall be in force at the time such commissioners may make the final report of their doings. Act of June 27, 1866 (14 Stat. L., 74).
396. That, in performing this duty, the commissioners Duties of the shall bring together all statutes and parts of statutes Soc. 2, ibid. which, from similarity of subject, ought to be brought together, omitting redundant or obsolete enactments, and making such alterations as may be necessary to reconcile the contradictions, supply the omissions, and amend the imperfections of the original text; and they shall arrange the same under titles, chapters, and sections, or other suitable divisions and subdivisions, with head-notes briefly expressive of the matter contained in such divisions; also with side-notes, so drawn as to point to the contents of the test, and with references to the original text from which each section is compiled, and to the decisions of the Federal courts, explaining or expounding the same, and also to such decisions of the State courts as they may deem expedient; and they shall provide by a temporary index, or other expedient means, for an easy reference to every portion of their report. Sec. 2, ibid.
397. That when the commissioners have completed the work to be revision and consolidation of the statutes, as aforesaid, Congress, they shall cause a copy of the same, in print, to be sub- Sec. 3, ibid. mitted to Congress, that the statutes so revised and consolidated may be re-enacted, if Congress shall so determine; and at the same time they shall also suggest to Congress such contradictions, omissions, and imperfections as may appear in the original text, with the mode in whch they have reconciled, supplied, and amended the same; and they may also designate such statutes or parts of statutes as, in their judgment, ought to be repealed, with their reasons for such repeal. Sec. 3, ibid.
398. That the commissioners shall be authorized to cause Work may be their work to be printed in parts, so fast as it may be ready "Sec. 4, ibid.
printed in parts. for the press, and to distribute copies of the same to members of Congress, and to such other persons, in limited numbers, as they may see fit, for the purpose of obtaining their suggestions; and they shall, from time to time, report to Congress their progress and doings. Sec. 4, ibid.
399. That the statutes so revised and consolidated shall Recision to he be reported to Congress as soon as practicable, and the as practicable. whole work closed without unnecessary delay. Sec. 5, ibid.
Sec. 5, ibid.
Compensation. 400. That the commissioners shall each receive as com. Sec. 6, ibid.
pensation for his services at the rate of five thousand dollars a year for three years, with the reasonable expenses of clerical service and other incidental matters, not to exceed two thousand dollars annually for such expenses. Sec. 6, ibid.
FIRST EDITION OF THE REVISED STATUTES.
Preparation of 401. That the Secretary of State is hereby charged with Revised Statutes for printing, etc. the duty of causing to be prepared for printing, publica1874, v. 18, p. 113. tion and distribution the revised statutes of the United
States enacted at this present session of Congress; that Head notes. he shall cause to be completed the head notes of the several Marginal refer, titles and chapters and the marginal notes referring to the erces to original statutes. statutes from which each section was compiled and repealed
References to by said revision; and references to the decisions of the sions.
courts of the United States explaining or expounding the
same, and such decisions of State courts as he may deem Index. expedient, with a full and complete index to the same. Promulgation. 402. And when the same shall be completed, the said
Secretary shall duly certify the same under the seal of the
the United States, and when printed and promulgated as Printed copies hereinafter provided, the printed volumes shall be legal to be evidence.
evidence of the laws and treaties therein contained, in all the courts of the United States, and of the several States
and Territories. Sec. 2, act of June 20, 1874(18 Stat. L., 113). Title of revi. 403. That the revision of the statutes of a general and sion of statutes. Sec. 3, ibid. permanent nature, with the index thereto, shall be printed
in one volume, and shall be entitled and labeled “ Revised Statutes of the United States;" and the revision of the statutes relating to the District of Columbia; to postroads, and the public treaties in force on the first day of December, one thousand eight hundred and seventy-three, with a suitable index to each, shall be published in a separate volume, and entitled and labeled “ Revised Statutes relating to District of Columbia and Post-Roads. Public Treaties." Sec. 3, ibid.
1 The act of June 27, 1866 (14 Stat. L., 74), was revired by the act of May 4, 1870 (16 Stat. L., 96), which authorized the President to appoint three commissioners to prosecute and complete the work prescribed by that statute. The work of revision was to be completed within three years from the date of passage of the act (May 1, 1870). The act of March 3, 1873 (17 Stat. L., 579), authorized the appointment of a joint committee of Congress to accept the draft of the revision of laws, so far as the same was completed at the expiration of the time designated for that purpose (May 4, 1873). The same statute authorized the existing joint committee to con. tract with some suitable person or persons to prepare a revision of the statutes, already reported by the commissioners, in the form of a bill to be presented at the opening of the Forty-third Congress. The publication of the first edition of the Revised Statutes was authorized by the act of June 20, 1874 (18 Stat. L., 113); pp. 401-403, post.
* The first edition of the Revised Statutes is a transcript of the original in the State Department. It is prima facie eridence of the law, but the original is the only conclusivo evidence of the exact text of the law. Wright v. C. S., 15 Č. Cls. R., 80, 87.
404. That the certificate to the printed volume of the Certificato revised statutes of the United States required by section utes.
Dec. 28, 1874, v. two of “An act providing for publication of the revised 18, p. 293. statutes and laws of the United States," approved June twentieth, eighteen hundred and seventy-four, shall be made by the Secretary of State under the seal of the Department of State, and so much of said section as provides that such certificate shall be under the seal of the United States, is hereby repealed. Act of December 28, 1874 (18 Stat. L., 293).
SCOPE OF THE REVISED STATUTES AND REPEAL
PROVISIONS. 405. The foregoing seventy-three titles embrace the stat- Scope of Re
vised Statues. utes of the United States general and permanent in their
Sec. 5595, B.S. nature, in force on the first day of December one thousand eight hundred and seventy-three, as revised and consolidated by commissioners appointed under an act of Congress, and the same shall be designated and cited, as The Revised Statutes of the United States.' 406. All acts of Congress passed prior to said first day Repeal of acts
embraced in reof December one thousand eight hundred and seventy-vision. three, any portion of which is embraced in any section of Sec.5596, R.S. said revision, are hereby repealed, and the section applicable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision, having been repealed or superseded by subsequent acts, or not being general and permanent in their nature: Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appropriations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal, or in any way affect any appropriation, or any provision of a private, local, or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last-named day no part of which are embraced in said revision, shall not be affected or changed by its enactment. 407. The repeal of the several acts embraced in said revi. Accrued rights
reserved. sion, shall not affect any act done, or any right accruing
Sec. 5597, B.S. or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been
The Revised Statutes are an act of Congress. The enactment was approved and became the law on June 22, 1874. Wright v. U. S., 15 C. Cls. R., 80. In case of doubt, ambiguity, or uncertainty the previous statutes may be referred to. Ibid. See also Bowen o. U.S., 100 U.S., 508. T. S. v. Bowen, 100 U. $. ,508; Bate Refrigerating Co. o. Sulzberger, 157 U.S., 1.