« AnteriorContinuar »
Acts of limita. tion.
made; nor shall said repeal, in any manner affect the right
to any office, or change the term or tenure thereof. Prosecutions punish
408. All offenses committed, and all penalties or forfeit.
ures incurred under any statute embraced in said revision Sec.5598, R. S.
prior to said repeal, may be prosecuted and punished in the same manner and with the same effect, as if said repeal had not been made.
409. All acts of limitation, whether applicable to civil
causes and proceedings, or to the prosecution of offenses, Sec.5599, R. S.
or for the recovery of penalties or forfeitures, embraced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not
been made. Arrangement 410. The arrangement and classification of the several and classification
sections of the revision have been made for the purpose of Sec. 5600, R. S. a more convenient and orderly arrangement of the same,
and therefore no inference or presumption of a legislative construction is to be drawn by reason of the Title, under
which any particular section is placed. Acts passed 411. The enactment of the said revision is not to affect since Dec. 1, 1873,
or repeal any act of Congress passed since the 1st day of 81. *. 18. p. 329: December one thousand eight hundred and seventy-three, s. 9, 1: 18, p. 401. and all acts passed since that date are to have full effect Sec.5601, R. S. as if passed after the enactment of this revision, and so
far as such acts vary from, or conflict with any provision contained in said revision, they are to have effect as sub. sequent statutes, and as repealing any portion of the revision inconsistent therewith.
Feb.is, 1875. c.
Mar 3,1875, c. 130,
SECOND EDITION OF THE REVISED STATUTES.
EDITION OF 1878.
412. That the President of the United States be, and be to prepare new edition of Re is hereby, authorized to appoint, by and with the advice
. Mar. 1877, v. and consent of the Senate, one person, learned in the law, 19, p. 268.
as a commissioner, for the purpose of preparing and pub. lishing a new edition of the first volume of the Revised Statutes of the United States. Act of Jarch 2, 1877 (19
Stat. L., 268). Dity of com
413. That in perforining this duty, said commissioner shall Sec. 2, ibid.
be required to incorporate into the text of the Revised
1 The second edition of the Rerised Statutes is only a new publication: a compila. tion, containing the original law with specitic amendments incorporated therein according to the judgment of the editor. Wright ». U'. S., 15 C. Cis. R., 80. The Revised Statutes did not atteet statutes passed between December 1, 1873, and June 22. 1874. See note 1 to paragraph 4vý ante.
Statutes as published in the year anno Domini eighteen hundred and seventy-five, under the act of June twentieth, eighteen hundred and seventy-four, all the amendments Amendments. which have been made in the revision so published since the first day of December, eighteen hundred and seventy. three, and all that shall be made up to the close of the present session of Cougress, with marginal references to such amendatory acts, and to all the decisions of the sev eral courts of the United States, (as far as the same may bave been published,) which may have been made sub sequent to those already cited in the margin of the present revision, and may include also citations to such judicial decisions of the various State courts as he may deem important; and he shall also make marginal references to the various statutes passed by Congress since the first day of December, eighteen hundred and seventy-three, not expressly therein declared to be amendments to the Revised Statutes, but which, in the opinion of said commissioner, may in any manner affect or modify any of the provisions of the said Revised Statutes, or any of the amendments thereto, indicating in such marginal notes by a difference in type the references to statutes of this kind, and he shall revise the indexes and incorporate therein references to the Rerision of inadditions herein required. Sec. 2, ibid.
414 That there shall also be included in said edition the Additional Articles of Confederation, the Declaration of our National claded, Independence, the Ordinance of seventeen hundred and eighty-seven for the government of the Northwestern Territory, the Constitution of the United States, with foot notes referring to decisions of the federal courts thereon, the “ Act to provide for the revision and consolidation of the statute laws of the United States," approved June tirenty-seventh, eighteen hundred and sixty-six, and the 6. Act providing for publication of the Revised Statutes and the laws of the Cnited States," approved June twentieth, eighteen hundred and seventy-four, as well as the present act. Sec. 3, ibid. 415. That said new edition shall be completed in manu
completed. script by said commissioner by the first day of January Sec. 4, ibid anno Domini eighteen hundred and seventy-eight, and by him presented to the Secretary of State for his examination and approval, who is hereby required to examine and compare the same as amended, with all the amendatory acts, and, within two months after having been submitted , Mar-9, 1878, s.
20. . to him, and when the same shall be completed, the said Secretary shall duly certify the same under the seal of the Secretary of State, and when printed and promulgated as
matter to be in
Sec. 3, ibid.
When to be
To be legal eri herein provided tbe printed volume shall be legal evidence tence
of the laws therein contained, in all the courts of the United States, and of the several States and Territories, but shall not preclude reference to, nor control, in any case of discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three, and said Secretary shall cause fifteen thousand copies of the same to be printed and bound at the Government Printing Ottice, under the supervision of said commissioner,
at the expense of the United States, and without unnecesMar. 9 1878 v sary delay. Sec. 1, ibid. Op 27
New edition of 416. That an act entitled “An act to provide for the to be prima facie preparation and publication of a new edition of the Revised
Mar 19, 1878, v Statutes of the Cnited States," approved March second, 20, p. 27.
eighteen hundred and seventy-seven, be, and the same is
• Onder the anthority conferred by this statnte tbe Bon George S Boutwell was appointed a commissioner to prepare the new edition The following extract from the preface to the second edition of the Revised Statutes will explain 118 scope
By an act of Cougress approved March 2 1877 (v. 19, c. 82. p. 268), authority was given for the appointment by the President of a commissjoner, w bose duty it should be to prepare and publish subject to the examination and approval of the Secretary of State a new edition of the first rolume of the Revised Statutes of the Cnited States.
The jurisdiction of the commissioner was defined and limited by the statute He was directed to incorporate into the rest of the first edition of the statutes all the amendments made since tbe tirst day of December, eighteen hundred and seventy three, including those made by the Forty.fourib Congress, with marginal references to the acts of amendment and to tbe decisions of the sereral courts of the United States, with nbe reterences to all the statutes passed in the same period, which in the opinion of the commissioner, migbt in any manner atlect or modify any of the provisions of the first edition of the Revised Statutes.
He was also directed to inclade in the new edition tbe Articles of Confederation, the Deciaration of our National Independence, the Ordinance of Seventeen huódred and eights.seren for the Government of the Northwestern Territory, and the Constitu tion of the United States, with footnotes referring to the decisions of the Federal courts thereon These papers were not printed with the tirst edition of the statutes.
This edition is not in any proper sense a new revision of the statutes of the Cnited States. The commissioner was not clothed with power to change the substance or to alter the language of the existing edition of the Revised Statutes, por could be cor rect any errors or supply any omissions therein except as authorized by the sereral statutes of amendment. of specific amendments there are, bowerer several hun dred, which nare been incorporated with the test The portions of the statutes re pealed are printed in italice and included in brackets and ibe new matter introduced is printed in the ordinary roman letter and also included w brackets
So much of the work as attects the rest of the present edition bas been examined under the direction of the Hop. William M Evarte. Secretars of State by Aon Charles P James one of the comm 19810ders by wbom the first edition of ibe Revised Statutes was prepared.
The acts of Congress passed since the first edition of the Revised Statuies was issued, and affecting the text tbereof, are referred to in the margin of the respec tive sections so attected
In this edinop full and it is believed, comple:e notes of reference to the opinions of the Supreme Court of ihe Coited Stairs will be found under the several paragraphs of the Consutution to which tbe opinions respectively relate, and reference is also made to the small number of decisions which interpret or in any manner touch the Orduance for the Government of the Northwestern Territory
The appendix contains the various statutes which provide for or relate to the "revision and consolidation of the statute laws of the Coited States.' and also a cross index by winch the various provisions of the Rerised Statutes may be traced to the original enactments in the Statutes at Large
In the preparation of the index I have had ibe best assistance wbich I could com mand, and no labor has been aroided that could contribute in the least to the per feetness of the work. While it 18 pot probablethat ihe end sougbt bas been attained I indulge the hope that the cbaracter of the index may in some reasonable degree. meet the expectation of Congress, the executive officers of the Government, ibe judiciary, and the profession generally
The analytical index to the Constitution was prepared by W J McDonald esg. late Chief Clerk of the United States Senate.
The historical notes to the Declaration of Independence the Articles of Confed eration, and the Constitution are taken from a work entitled The Organic Laws of the United States of America, prepared by Maj Ben: Perley Poore, and printed by autbority of Congress.
hereby, amended as follows, to wit: By striking out from the ninth and tenth lines of section four (par. 415 supra] as published in the nineteenth volume of the Statutes at Large, the words and conclusive"; and, in the tenth line, the words and treaties"; and, by inserting after the word “Territories" at the end of the eleventh line, the following words, to wit: "but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three.” Act of March 9, 1878 (20 Stat, L., 27).
SUPPLEMENTS TO THE REVISED STATUTES.
THE SUPPLEMENT OF 1881.
the Revised Stat
Joint res. No.
417. That the supplement to the Revised Statutes, em Supplement to bracing the statutes general and permanent in their nature utes, passed after the Revised Statutes with references connect- 44, June 7, 1880. ing provisions on the same subject, explanatory notes, cita-v. 21, p. 308. tions of judicial decisions, and a general index, prepared by William A. Richardson, be stereotyped at the Government Printing Office; and the index and plates thereof and all right and title therein and thereto shall be in and fully belong to the Government for its exclusive use and benefit. Joint resolution No. 44, June 7, 1880 (21 Stat. L., 308).
418. That six thousand three hundred and fifty-seven Editing and copies be printed, bound, and distributed as provided for the preparing supdistribution of the Revised Statutes by the “ Joint resolution providing for the distribution and sale of the new edition of the Revised Statates of the United States”, passed May twenty-second, eighteen hundred and seventy-eight, 1878, res. 22, and joint resolution passed December twenty-first, eighteen 1878, res. 1, hundred and seventy-eight, and such additional copies, on the order of the Secretary of State, as may be necessary from time to time, to be kept for sale in the same manner and on like terms as the Revised Statutes are required to be kept for sale, and to supply deficiencies and offices newly created; that for preparing and editing said supplement, including indexing and all clerical work necessary to fully complete said work, including the legislation of the Forty-sixth Congress, there shall be paid to said editor the sum of five thousand dollars; and each Senator and Member of the present Congress who would not receive
. Stat. L., 20, 251.
. Stat. L., 20, 487.
copies under said joint resolutions shall receive the same number of copies as other Senators or Members receive
under the same. Ibid. To be prima 419. The publication herein authorized shall be taken to
be prima facie evidence of the laws therein contained in all the courts of the United States and of the several States and Territories therein; but shall not preclude reference
to, nor control, in case of any discrepancy, the effect of Proviso. any original act as passed by Congress: Provided, That
nothing herein contained shall be construed to change or alter any existing law. Ibid.
THE SUPPLEMENT OF 1891, VOL. I.
Supplement of 1891 to Revised Statutes.
Apr. 9, 1890, v. 26, p. 50.
420. That the publication of the Supplement to the Revised Statutes, embracing the statutes general and permanent in their nature, passed after the Revised Statutes, with references connecting provisions on the same subject, explanatory notes, and citations of judicial decisions, be continued and issued in one volume, to include the general laws of the Forty-seventh, Forty-eighth, Forty-ninth, Fiftieth, and Fifty-first Congresses, with a table of alterations and a general index to the whole, to be prepared and edited by the editor of the existing Supplement, authorized by the joint resolution of June twenty-eighth, eighteen hundred and eighty, numbered forty-four (Supplement to Revised Statutes, page tive hundred and eighty-two), to be stereotyped at the Government Printing Office, using the present plates, as far as practicable, with such alterations as may be found necessary, the work and plates and all right and title therein and thereto to be in and fully belong to the Government for its exclusive use and benefit. Act of April 9, 1890 (26 Stat. L., 50).
421. That a sufficient number of copies be printed and bound for distribution, and to be distributed to members of Congress for themselves, and for distribution by them, to the departments, libraries, public officers, and others, the same number to each as heretofore provided by Congress for the distribution of the Revised Statutes of the United States, and the same number to the editor as to a member of Congress and such additional copies on the order of the Secretary of State as may be necessary from time to time to supply deficiencies and offices newly created, and for keeping for sale in the same manner and
Distribution of Supplement of 1891.
Sec. 2, ibid.
Under this resolution a supplement was published in 1881, entitled volume 1. It was then supposed that other volumes would be authorized, from time to time, by subsequent logislation. This proved not to be the case, as the act of April 9, 1890 (paragraph 420, post), provided for the continuation of the publication to be issued in one volume and to embraco the general laws passed subsequent to the issue of the Revised Statutes and including those of tho Forty-seventh, Forty-eighth, Fortyninth, Fiftieth, and Fifty-tirst Congresses. See note 2 to paragraph 423 post.