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Witnesses how examin

TITLE 5. named by such applicant, and requiring the attendance of such wit

nesses before him, at some convenient time and place, to be expressed in such summons, in order to be then and there examined

touching such election. How served. S 14. Such summons shall be served, by delivering a copy thereof

to each witness named therein, a reasonable time before the day on

which the attendance of such witness is required. Notification S 15. Whenever any summons shall be issued as aforesaid, the

har officer issuing the same shall deliver to the applicant a notification,

directed to the opposite party, and stating the object of such application, the name of the applicant, and the time and place fixed for the

examination of the witnesses. How served. $ 16. Such notification shall be served on the opposite party, by

delivering to him, or leaving at his usual place of abode, a copy thereof, a reasonable time before the day fixed for the aforesaid examination; and such examination shall not be proceeded in, without proof of the due service of such notification.

S 17. All witnesses who shall attend, pursuant to said summons, and all other witnesses who shall be produced at the time and place aforesaid, by either of the parties, shall then and there be examined, on oath or affirmation, before the officer who issued the summons, touching all such matters and things respecting the election about to be contested, as shall be proposed by either of the parties.

S 18. The testimony given on such examination, shall be reduced to writing by the officer taking the same, and signed by the witnesses respectively; after which, such officer shall transmit the said testimony, duly certified under his hand, together with a copy of the summons and notification issued by him, and of the proof of the service of such notification, enclosed and under seal, to the clerk of the senate,

or the house of assembly, as the case may require. is's S 19. Every witness attending by virtue of any such summons,

shall be entitled to the same fees as are allowed to witnesses in civil suits in courts of record, to be paid by the party at whose instance such witness was summoned.

$ 20. If any person, being summoned in the manner aforesaid, shall refuse or neglect to attend in pursuance of such summons, he shall forfeit and pay the sum of one hundred dollars, to the use of the people of this state.

$ 21. The following fees shall be allowed to the officer issuing such summons and taking such examination ;

For issuing the summons, twenty-five cents;
For the notification to the opposite party, twenty-five cents;
For administering an oath or affirmation, twelve and a half cents :

Depositions how transmitted.

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Penalty for non-attend

Fees of offi

For reducing the testimony of each witness to writing, ten cents TITLE 6. for each folio; and five cents for every copy thereof, for each folio;

For certifying the testimony and enclosing the same to the clerk of the senate or assembly, twenty-five cents.

TITLE VI.

OF THE COMPENSATION OF THE MEMBERS OF THE LEGISLATURE,
AND THEIR OFFICERS, AND THE CONTINGENT EXPENSES OF THE
SENATE AND ASSEMBLY.

Sec. 1. Members to receive a compensation, but no increase can take effect during year in

which it was made. And no law can be passed increasing their pay beyond three

dollars a day. 2. Members to receive three dollars a day for attendance and travelling. 3. Distance how to be computed. 4. Members who are prevented from attending by sickness, to have like pay. 5. Comptroller to draw warrant on certificate of presiding officer. 6. Salaries allowed to clerks; compensation for making indexes. 7. Pay of chaplains, sergeants-at-arms, &c. 8. Contingent expenses to be paid out of treasury, and comptroller to make advances

therefor as shall be necessary. 9. Purchases to be made by clerks under direction of comptroller. 10. Clerks to account with comptroller at the end of each session.

$ 1. The members of the legislature are entitled to receive for Provisions their services, a compensation to be ascertained by law, and paid out concerning of the public treasury; but no increase of the compensation can take effect, during the year in which it shall have been made. And no law can be passed increasing the compensation of the members of the legislature beyond the sum of three dollars a day: 18

compensaion.

daily pay.

S 2. Each member of the senate and assembly, shall be entitled to Amount of receive three dollars for every day he shall attend either of them; dail and the like compensation for every twenty miles of the distance from the place of his residence to the place of the meeting of his house. 19

$ 3. Such distance shall be estimated by the most usual route, and Travelling. shall be computed both for the travelling to, and returning from, the place of meeting. 19

$ 4. If any member of the senate or assembly shall, after his ar- Sickness. rival at the place of the meeting of either house, or on his way thereto, be prevented by indisposition, from attending either of the said houses, he shall be entitled to the like compensation for every day he shall be so prevented. 19

$ 5. The comptroller shall draw his warrant for the payment of Certificate of such sum as may so become due to each member respectively, upon cers. the receipt of a certificate, signed by the president of the senate, or the speaker of the assembly, (as the case may be,) setting forth the

presiding offi

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Salaries of clerks.

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TITLE 6. number of days that the member in whose favor it shall be given,

may have attended, and the estimated distance of his place of residence, from the place of meeting. 20

$ 6. There shall be allowed to the clerk of the senate, an annual salary of one thousand two hundred dollars; and to the clerk of the assembly an annual salary of one thousand eight hundred dollars; in lieu of all compensation and perquisites : and each clerk, from his salary, shall provide his own assistants and clerks. The sum of fifty dollars shall also be allowed to each clerk, for preparing the index to

the journals of his house. 2' Pay of char- $ 7. The chaplains, the sergeant-at-arms and door-keeper of each

house, and the assistant door-keeper of the assembly, shall be entitled to the same compensation for each day's actual attendance, as members of the legislature, to be certified in the same manner; messengers and other officers of either house shall be paid such sums as the house to which they respectively belong, shall by resolution allow, as

part of the contingent expenses of such house. Cout'ngent S 8. The monies required to provide furniture for the senate and

assembly chambers, and stationary, firewood, and other articles for the use of the legislature, or of either house, and to defray the contingent expenses of each house, shall be paid out of the treasury: and the comptroller shall, from time to time, cause such advances to be made to the clerks of the senate and assembly, as they shall show to

his satisfaction, to be necessary for those purposes, or either of them.22 Purchases of $ 9. All purchases of furniture, stationary, firewood, and other ar

ticles for the use of the legislature, or of either house, shall be made by the clerks of the respective houses, under the direction of the comp

troller, and shall be subject to his approbation.22 Clerks to ac- $ 10. The clerks of the senate and assembly shall account to the

comptroller, at the end of each session, for all monies received by them; and shall furnish to him satisfactory evidence that the charges contained in their accounts are correct and reasonable. 23

expenser.

furniture, &c.

count.

CHAP. VIII.
Of the duties of the Executive Officers of the State,

and of various matters connected with their re-
spective departments.

TITLE 1.-Of the governor, lieutenant-governor, or other person ad

ministering the government of the state. TITLE 2.-Of the secretary of state.

(20) Laws of 1823, p. 10, § 1. (21) Laws of 1821, p. 249, $ 4. (22) IR L. 520, $4; laws of 1822, p. 301, $ 22. (23) Laws of 1826, p. 377, 8 1.

TITLE 1.

TITLE 3.-Of the comptroller.
TITLE 4.-Of the treasurer.
Title 5.-Of the attorney-general.
TITLE 6.-Of the surveyor-general.
Title 7.-Of the state printer.
Title 8.—Provisions relating to two or more of the executive officers.

TITLE I.

OF THE GOVERNOR, LIEUTENANT-GOVERNOR, OR OTHER PERSON

ADMINISTERING THE GOVERNMENT OF THE STATE,
Ssc. 1. Military and naval command of governor.

2. His general duties.
3. His general powers.
4. To have custody of the great and privy seals.
5. In case of his impeachment, &c. lieutenant-governor to act.
6. Lieutenant-governor is president of senate.
7. If he be impeached, &c. while office of governor is vacant, president of senate to act

as governor.
9. Governor may deliver over persons charged with having committed a crime out of

the jurisdiction of the United States.
9. Upon whose requisition such delivery to be made.
10. What evidence governor to require of guilt of person charged.
IL Expense of such delivery to be paid by persons to whom it is made.
12. Governor to notify attorney-general, when suits are commenced against persons bold-

ing lands under warranty from state.
13. He may employ counsel to assist attorney-general, in defending such suits.
14. Such counsel and the attorney-general, to be paid out of treasury.
15. Governor may also employ counsel to assist attorney-general, in any suit prosecuted

or defended for the state.
16. Governor to exchange copies of session laws with governors of other states.
17. Where laws received by him from other states, to be deposited.
18. Expenses of these duties paid out of treasury.
19. Constitutional and legal provisions in relation to governor, to apply to the person, ad-

ministering for the time being, the government of the state. SECTION 1. The governor is general and commander in chief of all Governor's

mmand. the militia, and admiral of the navy of the state, including the land and naval forces of the state, in time of war, or which this state may keep, with the consent of congress, in time of peace." $ 2. It is the duty of the governor,

His dute. 1. To communicate by message to the legislature at every session, the condition of the state, and to recommend to them such measures as he judges expedient.

2. To transact all necessary business with the officers of government, civil and military.

3. To expedite all such measures as may be resolved upon by the legislature, and to take care that the laws be faithfully executed.2

Powere.

$ 3. He has power,

1. To convene the legislature or the senate only, on extraordinary occasions.

(1) Cong. art. 3, § 4; art. 7, 97; cons. U. S. art. 1, § 8. (2) Cons. art. 3, § 4.

legislatureonviction chment, and

Lieutenantgovernor.

TITLE 1. 2. To grant reprieves and pardons after conviction, for all offences,

except treason and cases of impeachment, and to suspend the execution of the sentence or conviction for treason, until the case shall be

reported to the legislature, at its next session.3 Seals of state. $ 4. The governor shall have the custody of the great and privy

seals, of which descriptions in writing, have been deposited and recorded, in the secretary's office, and which shall be and continue, the great seal and the privy seal of this state.*

S 5. In case of the impeachment of the governor, or his removal from office, death, resignation or absence from the state, the powers and duties of the office devolve upon the lieutenant-governor, for the residue of the term, or until the governor, absent or impeached, shall return or be acquitted. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of a military force thereof, he still continues commander in chief of all the military force of the state.5

$ 6. The lieutenant-governor is president of the senate, but has only a casting vote therein.6

$ 7. If, during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, or die, or be absent from the state, the president of the senate must act as governor, until the vacancy shall be filled, or the disability shall cease.

S 8. The governor may, in his discretion, deliver over to justice, any person found within the state, who shall be charged with having committed without the jurisdiction of the United States, any crime, except treason, which, by the laws of this state, if committed therein,

is punishable by death or by imprisonment in the state prison. Ib.

$ 9. Such delivery can only be made, on the requisition of the duly authorised ministers or officers of the government, within the jurisdiction of which, the crime shall be charged to have been commit

ted." Ib. . § 10. It shall be the duty of the governor, to require such evidence

of the guilt of the person so charged, as would be necessary to justify his apprehension and commitment for trial, had the crime charged, been committed within this state.?

S 11. The expense of apprehending and delivering such person, shall be defrayed by those to whom he shall be delivered."

$ 12. Whenever the governor shall receive notice of any suit or proceeding having been commenced, for the recovery of any lands held under a warranty from the people of this state, it shall be his du

Foreign criminals.

Suits,

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