« PreviousContinue »
made; nor shall said repeal, in any manner affect the right to any office, or change the term or tenure thereof. Prosecutions 408. All offenses committed, and all penalties or forfeitures 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.
Acts of limitation.
Sec. 5599, R. S.
Arrangement and classification of sections.
409. All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, 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.
410. The arrangement and classification of the several 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 since Dec. 1. 1873,
Feb. 18, 1875. c.
Mar. 3, 1875, c.130,
411. The enactment of the said revision is not to affect not affected. or repeal any act of Congress passed since the 1st day of 84. v. 18. p. 329 December one thousand eight hundred and seventy-three, s. 9, v. 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 subsequent statutes, and as repealing any portion of the revision inconsistent therewith.
to prepare new
SECOND EDITION OF THE REVISED STATUTES.
EDITION OF 1878.
412. That the President of the United States be, and be edition of Re is hereby, authorized to appoint, by and with the advice Mar. 2, 1877, v. and consent of the Senate, one person, learned in the law,
19, p. 268.
Duty of commissioner.
Sec. 2, ibid.
as a commissioner, for the purpose of preparing and publishing a new edition of the first volume of the Revised Statutes of the United States. Act of March 2, 1877 (19 Stat. L., 268).
413. That in performing this duty, said commissioner shall be required to incorporate into the text of the Revised
The second edition of the Revised Statutes is only a new publication; a compilation, containing the original law with specific amendments incorporated therein according to the judgment of the editor. Wright r. U. S., 15 C. Cls. R., 80. The Revised Statutes did not affect statutes passed between December 1, 1873, and June 22. 1874. See note 1 to paragraph 405 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 seventythree, and all that shall be made up to the close of the present session of Congress, 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 have 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 opimon 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 Revision of inadditions herein required. Sec. 2, ibid.
matter to be in
Sec. 3, ibid.
414 That there shall also be included in said edition the Additional Articles of Confederation, the Declaration of our National 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 twenty-seventh, eighteen hundred and sixty-six, and the "Act providing for publication of the Revised Statutes and the laws of the United States," approved June twentieth, eighteen hundred and seventy-four, as well as the present act. Sec. 3, ibid.
When to be completed.
415. That said new edition shall be completed in manuscript by said commissioner by the first day of January Sec. 4, ibid auno 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, v. 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
20, p. 27.
To be legal evi herein provided the printed volume shall be legal evidence 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 Office, under the supervision of said commissioner, at the expense of the United States, and without unneces Mar. 9 1878 Sary delay. Sec. 4, ibid.
10 p. 27.
New edition of Revised Statutes
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 9, 1878, v Statutes of the Cnited States," approved March second, 20, p. 27. eighteen hundred and seventy-seven, be, and the same is
Under the authority conferred by this statute the Hon George S Bontwell 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 its scopeBy an act of Congress approved March 2 1877 (v. 19, c. 82, p. 268) authority was given for the appointment by the President of a commissioner, whose 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 volume of the Revised Statutes of the United States.
The jurisdiction of the commissioner was defined and limited by the statute was directed to incorporate into the text of the first edition of the statutes all the amendments made since the first day of December, eighteen hundred and seventy three, including those made by the Forty-fourth Congress, with marginal references to the acts of amendment and to the decisions of the several courts of the United States, with like references to all the statutes passed in the same period, which in the opinion of the commissioner, might in any manner afect or modify any of the provisions of the first edition of the Revised Statutes. He was also directed to include in the new edition the Articles of Confederation, the Declaration of our National Independence, the Ordinance of Seventeen hundred and eighty-seven 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 first edition of the statutes This edition is not in any proper sense a new revision of the statutes of the United 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, nor could he cor rect any errors or supply any omissions therein except as authorized by the several statutes of amendment. Of specific amendments there are, however several hun dred, which have been incorporated with the text The portions of the statutes re pealed are printed in italics and included in brackets and the new matter introduced is printed in the ordinary roman letter and also included in brackets
So much of the work as affects the text of the present edition has been examined. under the direction of the Hon William M. Evarts Secretary of State by Hon Charles P James one of the commissioners by whom the first edition of the Revised Statutes was prepared.
The acts of Congress passed since the first edition of the Revised Statutes was issued, and affecting the text thereof are referred to in the margin of the respec tive sections so affected.
In this edition full and it is believed, complete notes of reference to the opinions of the Supreme Court of the United States will be found under the several paragraphs of the Constitution to which the opinions respectively relate, and reference is also made to the small number of decisions which interpret or in any manner touch the Ordinance 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 United States and also a cross index by which the various provisions of the Revised Statutes may be traced to the original enactments in the Statutes at Large.
In the preparation of the index I have had the best assistance which I could com mand, and no labor has been avoided that could contribute in the least to the per feetness of the work. While it is not probable that the end sought has been attained. I indulge the hope that the character of the index may in some reasonable degree. meet the expectation of Congress, the executive officers of the Government, the Judiciary, and the profession generally
The analytical index to the Constitution was prepared by W J McDonald esq. 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 authority 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.
Supplement to the Revised Stat
Joint res. No.
v. 21, p. 308.
417. That the supplement to the Revised Statutes, embracing the statutes general and permanent in their nature passed after the Revised Statutes with references connect- 44, June 7, 1880. ing provisions on the same subject, explanatory notes, citations 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).
res. 22, Stat. L., 20, 251. Stat. L., 20, 487.
418. That six thousand three hundred and fifty-seven Editing and copies be printed, bound, and distributed as provided for the preparing sup distribution of the Revised Statutes by the "Joint resolution providing for the distribution and sale of the new edi- Ibid. tion of the Revised Statutes of the United States", passed May twenty-second, eighteen hundred and seventy-eight, and joint resolution passed December twenty-first, eighteen 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 556--10
To be prima facie evidence.
Apr. 9, 1890, v. 26, p. 50.
copies under said joint resolutions shall receive the same number of copies as other Senators or Members receive under the same. Ibid.
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 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 420. That the publication of the Supplement to the Re1891 to Revised Statutes. vised 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, Fif tieth, 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 five 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).
Distribution of 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
1 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 legislation. 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 embrace the general laws passed subsequent to the issue of the Revised Statutes and including those of the Forty-seventh, Forty-eighth, Forty. ninth, Fiftieth, and Fifty-first Congresses. See note 2 to paragraph 423 post.