§ 31. Ch. 1, G. L. L. 1892, ch. 677. taking effect of such repeal, may be prosecuted and defended to final effect in the same manner as they might if such provisions were not so repealed. [In Mongeon v. People, 55 N. Y. at pp. 618-19, occurs the dictum, "The legislature could not declare in advance * * * the effect of subsequent legislation upon existing statutes." This entire Statutory Construction Law is modified by section 1 hereof, and, as so modified, will probably be applied to future legislation in spite of such dictum. Before the enactment of this section, it was held that the repeal of a repealing act revived the act repealed. Chard v. Holt, 136 N. Y. 30. This doctrine is applied in Ottman v. Hoffman, 7 Misc. 714; aff'g s. c., 6 Misc. 56, holding that the omission in the repealing schedule of the Gen. Corp. L. of 1892 of a statute included in the repealing schedule of the Stock Corp. L. of 1890, operated to revive such statute, the repeal of which was thereby repealed, and that this section 31 of the Stat. Const. L. did not prevent such effect, because section 33 thereof precludes the Stat. Const. L. from affecting other statutes passed at the same session. This holding is probably unsound, as it is consistent with section 33 that the Stat. Const. L. should apply in construing other laws passed at the same session. The intent of section 33 was to treat all other legislation passed at the same session as though it were passed subsequent to the revision, and, therefore, not to be superseded or repealed by the revision, but to be interpreted in connection with the revision which is to be deemed to have preceded the other legislation of the same session. As to the effect, before this statute, of an act repealing an amendatory statute, see Peo. v. Wilmerding, 136 N. Y. 363. White v. Inebriates' Home, 141 N. Y. 123. As to the amendment of a repealed statute, see Peo. ex rel. Strough v. County Canvassers, 143 N. Y. 84. The saving clause preserving repealed statutes in force as to existing situations, is not ex post facto or retroactive legislation; but, on the contrary, saves legislation from being retroactive, Peo. v. Maxwell, 83 Hun, 157. A similar saving clause appears in Highway L., §§ 180-1; Town L., 88 240-1; Game L., § 304; Gen. Corp. L., §§ 34-5; Ins. L., §§ 290-1; Trans. Corp. L., §§ 160-1; Univ. L., § 53; Transfer Tax L., §§ 23-4; Excise L., § 45. A wife's inchoate right of dower is not a right accruing or accrued which would be preserved by this section in case dower were abolished. Richards v. Bellingham, 7 U. S. App. 494. Such a clause was held to preserve the right of corporations to complete proceedings for consolidation begun under a statute which was repealed while such proceedings were pending. Cameron V. New York and Mt. Vernon Water Co., 133 N. Y. 336; also to preserve the right of a gas company to lay pipes after the repeal of the statute under which right had been L. 1892, ch. 677. Ch. 1, G. L. $$ 32-34. acquired. Peo. ex rel. Standard Co. v. Gilroy, 67 Hun, 323; s. C., affd. without opinion, 139 N. Y. 623. But not so as to mere procedure; thus the right to have referee pass upon proposed findings fell, by the repeal of section 1023, Civ. Code, as to an action pending at the time of the repeal, and was not preserved by this saving clause. Lazarus v. Met. El. R. R. Co., 145 N. Y. 581. Creditor's right of action against stockholder under act of 1875, is preserved by this saving clause, as against the repeal of the act of 1875, by L 1892, ch. 687. Christie v. Bowne, 83 Hun, 107. § 32. Effect of repeal and re-enactment- The provisions of a law repealing a prior law, which are substantial re-enactments of provisions of the prior law, shall be construed as a continuation of such provisions of such prior law, and not as new enactments. If any provision of a law be repealed and, in substance, re-enacted, a reference in any law to such repealed provision shall be deemed a reference to such re-enacted provision. [Thus am. by L. 1894, ch. 448, taking effect May 3, 1894.] [As to the continuous character of revision with repeal and te-enactment, see Matter of Prime, 136 N. Y. 347; Peo. ex rel. Ulrich v. Bell, 24 St. Rep. 114. A saving clause similar to that contained in the first sentence of this section, appears in High. L., § 182; Town L., § 242; Game L., § 305; Gen. Corp. L., § 36; Ins. L., § 292; Trans. Corp. L., § 162; Univ. L., § 54; Trans. Tax L., § 25.] § 33. Effect of revision upon laws passed at same session or before revision takes effect.- No provision of any chapter of the revision of the general laws, of which this chapter is a part, shall supersede or repeal by implication any law passed at the same session of the legislature at which any such chapter was enacted, or passed after the enactment of any such chapter and before it shall have taken effect; and an amendatory law passed at such session or at any subsequent session begun before any such chapter takes effect, shall not be deemed repealed, unless specifically designated in the repealing schedule of such chapter. [See criticism of Ottman v. Hoffman in note to § 31, ante.] § 34. Alterations of titles and headnotes.-If the title of any article or other division of a statute, or the headnote of a section shall be amended or repealed in the body of the statute, or if a new article or other division having a title, or a new section having a new headnote be added to a statute, the corre Ch. 2, G. L. L. 1892, ch. 678. sponding title or headnote, if any, in an abstract of contents at the beginning of the article or other division of the statute shall be deemed to be correspondingly amended or repealed, although there be no express reference thereto. § 35. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. § 36. Time of taking effect. This chapter shall take effect immediately. Sections repealed. 16. Revised Statutes, part I, chapter 8, title 8. 1, 2, 3, 4, 5. 3. 9. 27. 4. 16. 9, 10, 11. 3. Laws 1874, chapter 321. All. 27. All. Laws 1886, chapter 21 Code of Criminal Procedure.. 20. 29, 788, 960 and subdivisions 6, 7, 8, 15, 17, 21, 22, 23 and 24 of section 3343. 955, 956, 957. 261, 500, and subdivisions 9, 10, 11, 12, 13, 14 and 15 of section 718. THE STATE LAW, As amended to the commencement of the session of 1896. L. 1892, Ch. 678—An act in relation to the sovereignty, boundaries, survey, great seal and arms of the state, constituting chapter two of the general laws. Article [Became a law May 18, 1892, taking effect October 1, 1892.] CHAPTER II OF THE GENERAL LAWS. THE STATE LAW. I. The state boundaries (§§ 1-11). II. Cessions to the United States (§§ 20-37). III. The arms and great seal of the state (§§ 40-46). SECTION 1. Short title. This chapter shall be known as the state law. 2. The Connecticut boundary line. The boundary line between the states of New York and Connecticut is as follows: Beginning at a point in the east boundary line of Connecticut on a line running northwesterly between points marked 3 and 2, in the channel north of Fisher's island, at the east end of Long Island sound, as shown on the United States coast survey chart of Fisher's Island sound, and running northwesterly to point marked No. 2; thence following the west south sailing course westerly to point marked No. 1, about 1,000 feet northerly from the Hammock or North Dumpling lighthouse; thence running southwesterly to a point four statute miles true south of New London lighthouse; thence in a straight line (the arc of a great circle) southwesterly to a point 31 statute miles true southeast from point marked No. O in the center of the channel, about 600 feet south of the extreme rocks of Byram point, formerly called Lyon's point; thence 31 statute miles true northwest to the said point marked No. 0; thence following up the center of Byram river on courses marked by bolts set in rocks on the banks of the river, to the great stone with bolt fixed in it, at the ancient wading place on the east bank of Byram river, and which has always been known as a point in the state line; thence N. 24° 19' W. 173.07 chains to the monument point in highway; thence N. 24° 21′ W. 224.78 chains to point near old Clapp House; thence N. 23° 38′ W. 172.93 chains to a stone marked G. R. in the highway at Duke's trees; thence N. 66° 25′ E. 398.40 chains to the fifth mile monument; thence N. 66° 45′ E. 319.12 chains to the ninth mile monument; thence N. 66° 56′ E. 241.93 Ch. 2, G. L. $ 2. L. 1892, ch. 678. chains to the point of original twelfth mile monument; thence N. 65° 44′ E. 90.87 chains to the southwest corner of oblong, where survey of 1725 terminated; thence N. 67° 45' E. 138.76 chains to Wilton angle monument at the southeast corner of oblong, as set off by commissioners of 1731; thence N. 24° 14′ W. 167.28 chains to the two mile monument; thence N. 24° 48' W. 157.63 chains to the 4th mile monument, on east line of the oblong; thence N. 25° 8' W. 213.39 chains to the Ridgefield angle monument; thence N. 14° 10′ E. 109.41 chains to the two mile monument; thence N. 11° 44′ E. 158.99 chains to the 4th mile monument 20.5 rods east from Mopo creek; thence N. 12° 10′ E. 164.42 chains to the 6th mile monument; thence N. 10° 19' E. 159.28 chains to the 8th mile monument; thence N. 12° 24' E. 155.71 chains to the tenth mile monument; thence N. 10° 51′ E. 313.41 chains to the fourteenth mile monument; thence N. 10° 11' E. 161.07 chains to the sixteenth mile monument; thence N. 12° 19' E. 157.15 chains to the eighteenth mile monument; thence N. 11° 49′ E. 159.09 chains to the twentieth mile monument; thence N. 12° 18′ E. 163.17 chains to the twenty-second mile monument; thence N. 11° 39′ E. 320.11 chains to the twenty-sixth mile monument; thence N. 10° 56′ E. 160 chains to the twenty-eighth mile monument; thence N. 12° 27′ E. 161.32 chains to the thirtieth mile monument; thence N. 11° 44' E. 243.37 chains to the thirty-third mile monument; thence N. 12° 32′ E. 158.96 chains to the thirty-fifth mile monument; thence N. 12° 21' E. 398.21 chains to the fortieth mile monument in Sharon valley, forty rods east from Ten Mile river; thence N. 13° 16′ E. 161.24 chains to the forty-second mile monument; thence N. 11° 33′ E. 160.99 chains to the forty-fourth mile monument, twelve rods east from Indian pond; thence N. 12° 34′ E. 239.57 chains to the forty-seventh mile monument; thence N. 11° 20′ E. 464.69 chains to the monument in the Massachusetts line, erected in 1731 as the northeast corner of equivalent or oblong in that year ceded to New York by Connecticut and standing in a valley of the Taghanic mountains 160 rods east from the southwest corner of Massachusetts, and 122 rods eastward from a bolt placed in a rock on the top of the most westerly of said mountains where the southerly Massachusetts line crosses it. The said metes and bounds are those defined by monuments erected by commissioners appointed by the legislature of the state of New York and completed in the year 1860, as shown by the report of such commissioners dated February 8, 1861, and adopted by agree |