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THE

REVISED STATUTES

OF THE

STATE OF NEW-YORK,

PASSED DURING THE YEARS ONE THOUSAND EIGHT HUNDRED AND TWENTY-SEVEN,
AND ONE THOUSAND EIGHT HUNDRED AND TWENTY-EIGHT:

TO WHICH ARE ADDED,

CERTAIN FORMER ACTS WHICH HAVE NOT BEEN REVISED.

PRINTED AND PUBLISHED UNDER THE DIRECTION OF THE REVISERS,
APPOINTED FOR THAT PURPOSE.

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CONTAINING THE ARTICLES OF CONFEDERATION; THE CONSTITUTIONS OF THE UNITED
STATES, AND OF THIS STATE, WITH THE AMENDMENTS THERETO; THE FIRST PART
OF THE REVISED STATUTES, (EXCEPT A PORTION OF CHAPTER II.;) AND THE
FIRST, SECOND, THIRD AND FOURTH CHAPTERS OF THE SECOND PART.

ALBANY :

PRINTED BY PACKARD AND VAN BENTHUYSEN.

1829.

BODLEIAN

FCO
DEPOSIT

LIBRARY

L.S.

Northern District of New-York, to wit:

Be it remembered, That on the thirty-first day of December, in the fifty-third year of the Independence of the United States of America, A. D. 1828, AZÁRIAH C. FLAGG, Secretary of State of the State of New-York, &c. of the said District, hath deposited in this Office the title of a Book, the right whereof he claims as proprietor, in trust for the benefit of the People of the State of New-York, &c. in the words following, to wit:

"The Revised Statutes of the State of New-York, passed during the years one thousand eight hundred and twenty-seven, and one thousand eight hundred and twenty-eight: to which are added, certain former acts which have not been revised. Printed and published under the direction of the Revisers, appointed for that purpose. In three volumes."

In conformity to the act of the Congress of the United States, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned;" and also to the act entitled, "An act supplementary to an act, entitled 'An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned,' and extending the benefits thereof to the arts of designing, engraving and etching historical and other prints."

R. R. LANSING,

Clerk of the Dist. Court of the United States for the Northern Dist. of New-York.

PREFACE.

THE Volumes now presented to the public, will be found to comprise all the acts, now in force, passed by the Legislature of this state; except those of a merely private nature, those relating to cities, villages, and monied and other corporations, and some other special and local statutes.

The first and second volumes contain the REVISED STATUTES passed during the years 1827 and 1828, with the exception of three Titles of Chapter II. of the First Part. These Titles, comprising a description of the several counties, towns and cities in the state, will be found in the third volume, which will also contain various laws not revised, but chiefly local or special, and lists of all other statutes of every description, now in force, together with various other matters which will be indicated by the table of contents prefixed to the volume. An appendix will be added to that volume, consisting of a collection of colonial and other acts, which though obsolete or repealed, must be often referred to in the deduction of titles to real property, and which are now scattered in various editions of the laws that are not accessible to the public.

The public statutes of this state, in force at the time of this revision, constitute the basis of the work, and have generally been incorporated in it, although their original form has seldom been preserved. For the purpose of simplifying their language, supplying their omissions, and remedying other defects; and above all, of presenting them in the systematic arrangement which was the great object of the legislature, it became indispensible to break up their long and sometimes complicated sections to separate those provisions which related to any particular topic, from others with which they were connected-and to write anew every section contained in the Revised Statutes.

Several of the former statutes having been expressly or impliedly ab rogated by the legislature, are wholly omitted. Those which have been retained and consolidated in this work, have been materially modified. Their details have been perfected; they have been conformed in express terms, to the construction given to them by the decisions of our courts; and in many cases new provisions have been introduced, essentially changing their principles. In numerous instances, also, the rules of the common law have been reduced to a written text, and inserted

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