431,  that  the  Code  abrogated  the  provisions  of  the  Revised  Stat-
utes relating  to  declaring  upon  a  penal  statute.  Contra,  People  v.
Bennett,  5  Abb.  384.  And  see  Abbott  v.  N.  T.  0.  E.  R.  Co.,
12  Abb.  {^.  ,S.)  465.  It  seems  that  the  provisions  of  2  R.
S.  480,  §  1,  authorizing  a  short  mode  of  pleading  in  penal  ac-
tions by  referring  simply  to  the  statute  on  which  the  action  is
is  founded,  is  repealed  by  the  Code  of  Procedure,  which  requires  the
facts  constituting  every  cause  of  action  to  be  alleged.  A  complaint
upon  a  municipal  ordinance,  for  depositing  refuse  in  a  harbor  or
channel,  need  not  allege  that  the  common  council  adjudged  the  place
a  harbor  within  the  meaning  of  the  statute  under  which  they  acted.
