his fees, as audited, on paying to the treasurer the penalty incurred by the going at large of the animals, and on satisfying the trustees of his ownership. The trustees may remit such penalty before or after sale, if they are satisfied by affidavit, to be filed with the clerk, that such going at large was. without fault of the owner or his agents.

1 R. S., 1244, § 88.

sale.

§ 1121. Out of the proceeds of such sale the Proceeds of pound-master may receive his fees, when audited,

and shall, within forty-eight hours after the sale, pay the balance to the treasurer.

Ib., § 89.

balance.

§ 1122. If the owner, within a year from the Disposal of payment to the treasurer of the balance, presents his claim against the village therefor, as required by section 1086, accompanied by affidavit that the claim is well founded, and showing the grounds thereof, the trustees may audit the same. Any such moneys, not claimed within two years, may be appropriated by vote of the electors to any purpose specified in section 1096.

Ib., 90, 91.

§ 1123. The pound-master is entitled to the fol- Fees. lowing fees, and no other compensation whatever : For impounding and discharging animals, the same as those allowed to pound-masters in towns; for personal service of notice to owners, the same as allowed to constables for serving summons issued

by a justice (but no travel fee shall be allowed where the owner resides in the village), and reasonable compensation for feeding. The printer's fees are at the same rate as allowed for legal advertisements. All such fees and compensation shall be audited by the trustees before they are received by the pound-master.

1 R. S., 1244, §§ 92, 93.

GENERAL PROVISIONS.

Construc

tion of the Code.

SECTION 1124. Construction of the Code.

1125. Repeal of former statutes.

1126. Time when Code takes effect.

§ 1124. The rule that statutes in derogation of

the common law are to be strictly construed has no application to this Code.

Repeal of § 1125. All statutes, laws, and rules heretofore

former

statutes.

Time when Code takes effect.

in force in this state, inconsistent with the provisions of this Code, are hereby repealed and abrogated; but such repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any proceeding already taken, except as in this Code provided.

§ 1126. This Code shall take effect on the day of

186.

REPEALING ACT.'

AN ACT

To repeal certain statutes and parts of statutes, revised and consolidated in the Political Code.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

The following statutes and parts of statutes are hereby repealed, but such repeal does not revive any former law heretofore repealed, nor does it affect any right existing or accrued, or any proceeding already taken, except as in the Political Code provided.

Title I, of chapter I, of part I, of the Revised Statutes, entitled "Of the boundaries of the state."

Political Code, 57, § 20.

Title II, of chapter I, of part I, of the Revised Statutes, entitled "Of the sovereignty and jurisdiction of the state."

Political Code, § 20, first clause, § 223, § 83, subd. 2, § 259.

Title II, of chapter II, of part I, of the Revised Statutes, entitled "Of the senate districts."

Constitution of 1846.

In the foregoing report, statutes passed since the enactment of the Revised Statutes, are for the convenience of reference cited from the fourth edition of the Revised Statutes (1852), so far as that edition contains them. The references in the repealing act are to the original Revised Statutes, and to all subsequent statutes by their titles and dates of enactment. To the title of each statute, or part of a statute, to be repealed is appended a reference to the provisions of the Political Code, which embody or may supersede it.

Title III, of chapter II, of part I, of the Revised Statutes, entitled "Of the congress districts."

Political Code, § 25.

Title VI, of chapter II, of part I, of the Revised Statutes, entitled "General provisions concerning the erection and alteration of counties, cities, villages and towns."

Political Code, § 47.

Title I, of chapter V, of part I, of the Revised Statutes, entitled "Of the number, location and classification of the public officers of this state."

Political Code, title I, of part III.

Title II, of chapter V, of part I, of the Revised Statutes, entitled "Of legislative officers."

Constitution of 1846; Politi al Code, title I, of part III.

Title III, of chapter V, of part I, of the Revised Statutes, entitled "Of executive officers."

Constitution of 1846.

Title IV, of chapter V, of part I, of the Revised Statutes, entitled "Of judicial officers."

Political Code, chapter IV, of part III.

Title V, of chapter V, of part I, of the Revised Statutes, entitled "Of administrative officers," excepting sections 6, 7 and S.1

Political Code, articles I and II, of chapter III, of part III.

Title VI, of chapter V, of part I, of the Revised Statutes, entitled "General provisions applicable to all the civil officers of this state, or to certain classes of them."

Political Code, chapter IV, of part III.

Chapter VII, of part I, of the Revised Statutes, entitled "Of the legislature."

Constitution of 1846; Political Code, chapter II, of title I, of part III. Title I, of chapter VIII, of part I, of the Revised Statutes, entitled "Of the governor, lieutenant-governor, or other person

The sections excepted relate to appointment of subordinate officers of the canal department, and will be embodied in the FISCAL LAWS.

1

administering the government of the state ;" and the act amending the same, passed April 1, 1858, except section 24 of said act. (Laws of 1858, 129, ch. 64.)

Political Code, §§ 83-89.

Title II, of chapter VIII, of part I, of the Revised Statutes, entitled "Of the secretary of state," excepting section 4.2

Constitution of 1846; Political Code, §§ 90-100.

Title III, of chapter VIII, of part I, of the Revised Statutes entitled "Of the comptroller," excepting sections 11 and 12, and excepting article III, of that title.

Political Code, §§ 101-116.

Title IV, of chapter VIII, of part I, of the Revised Statutes, entitled "Of the treasurer."

Political Code, §§ 117–126.

Title VI, of chapter VIII, of part I, of the Revised Statutes, entitled "Of the surveyor-general."

Political Code, §§ 127-131, § 101.

Title VIII, of chapter VIII, of part I, of the Revised Statutes, entitled "Provisions relating to two or more of the executive officers," except sections 13,4 16 and 17.5

Political Code, §§ 143-146, 103-106, 140, 141, 139.

Article VII, of title IX, of chapter IX, of part I, of the Revised Statutes, entitled "Regulations and penalties concerning the navigation of the canals, and the collection of tolls," and an act amending the same, passed April 7, 1830. (Laws of 1830, 122, ch. 117.)

Political Code, §§ 560-607.

The excepted section is a special provision relating to the compensation of subordinate officers, and will be embodied in the FISCAL LAWS.

2 Section 4 is provided for by the CODE OF CIVIL PROCEDURE, as reported complete, 1741.

3 These will be embodied in the FISCAL LAWS.

Section 13 will be embodied in the FISCAL LAWS.

Sections 16 and 17, relate to public seals, and to certified copies of documents as evidence, and are embraced in the CODE OF CIVIL PROCEDURE, as reported complete. §§ 1750, 1741.