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THE

REVISED STATUTES

OT TIB

STATE OF NEW YORK,

AS ALTERED BY SUBSEQUENT LEGISLATION;

TOGETHER WITR

TES UNREPEALED STATUTORY PROVISIONS OF A GENERAL NATURE, PASSED FROM THE TIME OF THE REVISION

TO THE CLOSE OF THE SESSION OF THE LEGISLATURE OF 1868,

ARRANGED IN THE MANNER OF THE REVISED STATUTES.

TO WHICH ARE ADDED

REFERENCES TO JUDICIAL DECISIONS IN RELATION TO THEIR PROVISIONS, AND EXPLANATORY NOTES.

PREPARED BY
AMASA J. PARKER, GEORGE WOLFORD AND EDWARD WADE,

COUNSELLORS AT LAW.

IN THREE VOLUMES.

VOLUME I.

CONTAINING THE FIRST THIRTEEN CHAPTERS OF THE FIRST PART OF THE REVISED STATUTES, AND THE GENERAL

LAWS CONNECTED WITH THEM, FROM TIE REVISION TO THE OLOSE OF THE SESSION OF 1858.

FIFTH EDITION.

ALBANY:
BANKS & BROTHERS, LAW BOOKSELLERS,

144 NASSAU-STREET, NEW YORK,
475 BROADWAY, ALBANY.

1859.

57611

Entered according to act of Congress, in the year one thousand eight hundred and fifty-nine,

BY BANKS & BROTHERS,
in the clerk's office of the district court of the Northern district of New York.

SWEED, PARSONS & COMPAXY, PRINTERS,

ALBANY, N. Y.

STATE OF NEW YORK, OFFICE OF THE SECRETARY OF STATE, )

I, GIDBOX J. TUCKER, Secretary of State, certify that so much of the matter contained in the text of this edition of the Revised Statutes as purports to be a copy thereof, is a correct transcript of the text of the Revised Statutes, as originally published under the authority of the State, except such typographical errors in the original as have been corrected in the copy, and except such parts as have been altered by acts of the legislature, and that with respect to such parts it conforms to the acts by which such alterations have been made..

IN WITNESS WHEREOF, I have hereto set my signature, at the city of Albany, the first day of December, 1858.

GIDEON J. TUCKER,

Secretary of State.

PREFACE TO THE PRESENT EDITION.

In preparing this edition of the Revised Statutes, the editors have followed the general plan adopted in the second and fourth editions. That plan will be found particularly detailed in the preface to the fourth edition, and in the extract from the preface to the second edition, herewith published.

All the public statutes now in force in this state, including those passed at the last session of the legislature, are embodied in this edition and placed under their appropriate heads. In preparing the text, the previous editions have been carefully examined and all errors found therein corrected.

To the notes and references of the fourth edition, which have been adopted after critical examination, there have been added notes explanatory of subsequent legislation and full references to the decisions made since 1851, in the court of appeals, the supreme court and the superior court of the city of New York. References are also given to Parker's Criminal Reports, Bradford's Reports and Howard's Practice Reports.

The great amount of legislation since the publication of the fourth edition, particularly on the subjects of schools and taxation, and the general acts of incorporation, with the special legislation applicable to the city of New York, were found to have swelled

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