Term of im $14. In all cases in which either house shall punish any of its TITLE 3. members or officers, or any other person, by imprisonment, such imprisonment shall not extend beyond the same session of the legislature. prisonment. $15. The assembly has the power of impeaching all civil officers Power of imof this state, for mal and corrupt conduct in office, and for high crimes and misdemeanors; but a majority of all the members elected must concur in an impeachment.10 peachment. senate and $16. Every person appointed to the office of clerk of the senate or Clerks of assembly, shall, before he enters on the duties of his office, execute a assembly. bond to the people of this state, with such security as the comptroller shall approve, in the penal sum of five thousand dollars, conditioned that he shall faithfully perform the duties of his office, and account for all monies which may come to his hands by virtue thereof.11 $ 17. The clerks of the senate and assembly, immediately after I. any session of their respective houses, shall prepare indexes to the journals kept by them, and shall deliver the same to the state printer, for publication. And whenever any concurrent resolution shall be passed by the legislature, it shall be the duty of the clerk of the house in which it originated, to furnish a certified copy thereof to the secretary of state, to the end that the same may be published with the laws, in case the secretary shall deem it necessary. TITLE III. OF APPLICATIONS TO THE LEGISLATURE. SEC. 1. Persons intending to apply for new county, &c. to give notice of their applications. 2. Notice to be given of applications for acts of incorporation, &c. 3. Notices how published, if no paper in county. 4. Contents of the notice in the case of corporations. 5. Contents in other cases. plicants to $1. All persons applying to divide or alter the bounds of any Certain apcounty, city or village; or to erect a new county; or to incorporate a give notice.. a new city or village: And all persons applying for the removal of any court-house; or the imposing of a tax for making or improving a road, or for any other local purpose in any county, where all or any of the inhabitants of such county are proposed to be taxed: given. Shall give notice of such intended application by advertisement to Notice how be published for at least six weeks successively, immediately before such application, or before the first day of the session at which the same is to be made, in a newspaper printed in the county or in each of the counties where the objects of such application are intended to be carried into effect, and also in case of intended application for the imposition of any tax as aforesaid, in the state paper. 12 (10) Cons. art. 5, § 2. (11) Laws f1926, p. 377, § 3. (12) 1 R. L. 268; laws of 1818, p. 121. Ib. Ib. TITLE 4. $ 2. Every association intending to apply to the legislature for an act of incorporation, and every corporation intending to apply for an alteration, amendment, or extension of its charter, shall cause the like notice of such application to be published in the state paper, and also in a newspaper printed in the county in which such corporation is intended to be, or shall have been, established.13 Contents of notice. Ib. $3. If no newspaper be printed in a county in which any notice is required to be published, such notice shall be published in like manner, in the place nearest thereto in which a newspaper shall be printed. 13 $ 4. If the application be for an act of incorporation, the notice shall specify the amount of the capital stock requisite to carry the objects of such incorporation into effect; and if the application be for an alteration in any charter already granted, the notice shall state specifically the alteration intended to be applied for. 13 $ 5. The notice of all other applications, of which notice is required to be given, shall specify the nature and objects of such intended applications. 13 Powers of two houses. Two-third bills. Tb. TITLE IV. OF THE ENACTMENT AND PROMULGATION OF STATUTES, AND OF SEC. 1. Powers of the houses in regard to originating and amending bills. 2. Assent of two-thirds necessary to certain bills. 3. No bill deemed to have passed with two-thirds, unless so certified. 4. Every bill passed and certified to be presented to governor. 5. Governor, if he disapprove, to return it with objections to the house where it originated. 6. If two-thirds agree to pass it, notwithstanding objections, to be so certified. 7. Like proceeding in other house. 8. In such cases yeas and nays to be entered on journals. 9. If bill be not returned by governor within ten days, it becomes a law 10. Secretary of state to receive and deposit laws in his office. 11. To certify and endorse upon every bill the time it became a law. 12. Unless a different time be prescribed, laws to take effect on the twentieth day after their passage. 13. Secretary of state to deliver copies of laws to state printer. $1. Any bill may originate in either house of the legislature; and all bills passed by one house may be amended by the other. 14 $ 2. The assent of two-thirds of the members elected to each branch of the legislature' is requisite to every bill appropriating the public monies or property for local or private purposes, or creating, continuing, altering or renewing any body politic or corporate. 15 $3. No bill shall be deemed to have been passed by the assent of two-thirds of the members elected to each house, unless so certified by the presiding officer of each house. (13)1 R. L. 268; laws of 1818, p. 121. (14) Cons. art. 1, §8 (15) Cons. art. 7, § 9. § 4. Every bill thus passed and certified, must, before it becomes TITLE 4. a law, be presented to the governor; if he approves, he must sign it; Governor's and he shall endorse thereon a certificate of his approbation, and de- assent. liver the same so endorsed to the secretary of state. 16 objections. $5. If the governor do not approve the bill, he shall return it with Governor's his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. 16 thereon. $6. If two-thirds of the members present shall agree to pass the Proceedings bill, notwithstanding such objections, the presiding officer of such house shall endorse thereon a certificate of such passage by the number so required. 16 $7. The bill shall then be sent, together with the objections, to b the other house, by which it shall likewise be reconsidered; if approved by two-thirds of the members present it becomes a law, and the presiding officer shall endorse thereon a certificate of its passage by the number required, and deliver the bill to the secretary of state.16 nays. $8. In all such cases the votes of both houses shall be determined Ib. yeas and by yeas and nays; and the names of the persons voting for and against the bill be entered on the journal of each house respectively.16 ed. $9. If a bill be not returned by the governor within ten days (Sun- If not returndays excepted) after the same shall have been presented to him, it becomes a law in like manner as if he had signed it; unless the legislature, by their adjournment prevent its return, in which case it does not become a law.16 retary of $10. The secretary of state shall receive every bill which shall Duty of sechave passed the senate and assembly, and have been approved and state. signed by the governor, or which shall have become a law notwithstanding the objections of the governor, or which, not having been returned by the governor within ten days, shall have become a law; and shall deposit such laws in his office.16 $11. He shall certify and endorse upon every such bill, the day, . month and year, when the same so became a law, and such certificate shall be conclusive evidence of the facts therein declared. laws take ef $12. Every law, unless a different time shall be prescribed therein, Time when shall commence and take effect, throughout the state, on and not be- fect. fore the twentieth day after the day of its final passage, as certified by the secretary of state. lication. 13. The secretary of state shall forthwith deliver a certified copy Copy for pubof each law, other than acts of incorporation, deposited in his office, and of his endorsement thereon, to the state printer, to be printed and (16) Const. art. 1, § 12; 1 R. L. 458, § 1. TITLE 5 published by him, in the manner prescribed in the eighth Chapter of this act. Witnesses before com mittees. Process for witnesses. Commission to take testimony. Ib. during re TITLE V. OF THE MODE OF TAKING TESTIMONY IN CERTAIN LEGISLATIVE SEC. 1. Chairmen of committees may administer oaths to witnesses. 2. Chairman of certain committees may issue process for witnesses. 3. Such chairman may also issue commissions to examine witnesses. 4. When such commission may be issued during recess of legislature. 5. How commissions to be directed; to be accompanied by interrogatories. 6. Persons to whom commission shall be directed, to take oath; they may issue prócess for witnesses. 7. Unless otherwise directed witnesses to be examined in private. 8. Witnesses to be examined on oath; their testimony to be reduced to writing. 9. Depositions to be transmitted to chairman of the committee. 10. Commission may be executed by one or more; may also be directed to one. 11. The persons by whom the commission is executed, and also the witnesses examined, to be paid a reasonable compensation. 12. Persons desirous to take testimony in regard to contested elections, may apply to a judge or recorder, &c. for process. 13. Such officer to issue a summons, directed to all such witnesses as shall be named. 14. Summons how served. 15. Notification to adverse party, how to be issued. 16. Notification how to be served. 17. Witnesses who shall attend, to be examined. 18. Testimony to be reduced to writing, and to be transmitted to clerk of proper house. 19. Witnesses to be entitled to same fees as in courts of record. 20. Penalty of 100 dollars on witnesses refusing or neglecting to attend as summoned. 21. Fees of the officer for issuing summons and taking testimony. $1. The chairman of any committee, either of the senate or assembly, or of any joint committee, shall be authorised to administer oaths to all witnesses coming before such committee for examination.17 S2. Every chairman of a committee, which, by the terms of its appointment, shall be authorised to send for persons and papers, shall have power, under the direction of the committee, to issue compulsory process for the attendance of any witness within the state, whom the committee may wish to examine. S3. Every such chairman shall also have power, under the direction of the committee, to issue a commission for the examination of any witness, who shall be without the jurisdiction of the state, or if within the state, shall be unable to attend, or who shall, for special reasons, be excused by the committee from attendance. $4. Whenever a committee shall obtain authority for that purpose, from the house or legislature by which it shall be appointed, it may issue such commission to be executed during the recess of the legislature. (17) Laws of 1814, p. 21. $5. Every such commission shall be directed to such magistrates TITLE 5. or other persons as the committee may designate; and interrogatories, How directframed by the committee, shall be annexed thereto. ed, &c. ed. $6. The persons to whom such commissions shall be directed, if How executthey reside within the state, and accept the trust, shall, before they enter on the execution of their duties, take the oath of office prescribed in the constitution; and such commissioners shall have power to issue process to compel the attendance of the witnesses whom they shall be required to examine. tion private. $7. Unless otherwise instructed by the committee, it shall in all Ib. examinacases by the duty of the commissioners to examine in private every witness attending before them, and not to make public the particulars of such examination, until the same shall be made public by order of the house or legislature appointing the committee. be sworn. $8. Every witness so attending shall be examined on oath or af- Witness to firmation, and his testimony shall be reduced to writing by the commissioners, and signed by the witness. to be trans $9. When the commission shall have been duly executed, the Depositionis commissioners shall annex thereto the depositions of the witnesses, mitted. duly certified by them, and shall, without delay, transmit the same, enclosed and under seal, to the chairman of the committee by which the commission shall have been issued. execute com $10. Every such commission may be executed by any one or Who may more of the persons to whom the same shall be directed, and may, in mission. the discretion of the committee issuing the same, be directed to a single person. tion to com and witness $11. The persons executing any such commission, and all per- Compensasons examined as witnesses by commissioners, or by a committee of missioners either house, or of the legislature, shall be paid out of the treasury es a reasonable allowance for their services, expenses and attendance, to be fixed by the committee, and certified by the chairman thereof, and to be audited by the comptroller. elections. 312. When any person shall intend to contest the election of any Contested member of the senate or assembly, or to support any such election so intended to be contested, and shall be desirous of obtaining testimony respecting any such election; he may make application to the first judge of a county, or to any judge of a county court of the degree of counsellor at law, or to the mayor or recorder of any city, for process to procure the attendance of the witnesses, whose testimony he may be desirous to obtain. witnesses. $ 13. The officer to whom such application shall be made, shall Summons for thereupon issue a summons, directed to all such witnesses as shall be |