Privileged

TITLE 2. $ 6. Every member of the legislature shall be privileged from arrest on civil process, during his attendance at the session of the house. from arrest. to which he shall belong, except on process issued in any suit, brought against him for any forfeiture, misdemeanor, or breach of trust, in any office or place of public trust held by him.8

Ib.

Ib.

Ib.

Ib. officers.

Freedom of debate.

Punishment

of members, &c.

Breach of privileges,

$7. Each member shall enjoy the like privilege, for the space of fourteen days previous to any such session, and also while going to or returning from such session, provided the time of such going or returning do not exceed fourteen days.8

$8. Each member shall enjoy the like privilege after any adjournment of the legislature, until its next meeting, when such adjournment shall not exceed fourteen days.8

$9. Each member shall enjoy the like privilege, while absent with leave of the house to which he shall belong.

$10. No officer of either house, whilst in actual attendance upon the house, shall be liable to arrest on civil process.

11. For any speech or debate in either house of the legislature, the members shall not be questioned in any other place.9

S 12. Each house has the power to expel any of its members, and to punish its members and officers for disorderly behaviour, by imprisonment; but no member shall be expelled, until the report of a committee, appointed to inquire into the facts alleged as the ground of his expulsion, shall have been made.

$13. Each house has the power to punish as a contempt, and by when punish- imprisonment, a breach of its privileges, or of the privileges of its members; but such power shall not hereafter be exercised, except against persons guilty of one or more of the following offences:

ablo.

1. The offence of arresting a member or officer of the house, in violation of his privilege from arrest, as herein before declared.

2. That of disorderly conduct in the immediate view and presence of the house, and directly tending to interrupt its proceedings.

3. That of publishing any false and malicious report of the proceedings of the house, or of the conduct of a member in his legislative capacity.

4. That of refusing to attend, or be examined as a witness, either before the house, or a committee, or before any person authorised by the house, or by a committee, to take testimony in legislative proceedings.

5. That of giving or offering a bribe to a member, or of attempting by menace, or any other corrupt means or device, directly or indirectly to control or influence a member in giving his vote, or to prevent him from giving the same.

(8) 1 R. L. 122, § 1 & 3. (9) 1 R. L. 48, § 11.

S 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 im- Term of 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 Ib. 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.

Certain ap plicants to

$1. All persons applying to divide or alter the bounds of any county, 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 of 1826, p. 377, § 3. (12) 1 R. L. 268; laws of 1818,

p. 121.

Ib.

Ib.

TITLE 4.

Contents of

notice.

Ib.

S2. 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

$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

S4. 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

TITLE IV.

OF THE ENACTMENT AND PROMULGATION OF STATUTES, AND OF
THE TIME FROM WHICH THEY TAKE EFFECT.

SEC. 1. Powers of the houses in regard to originating and amending bills.

2. Assent of two-thirds necessary to certain bills.

8. 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 two houses. all bills passed by one house may be amended by the other.14

Two-third bills.

ib.

S2. 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. 263; laws of 1818, p. 121. (14) Cons. art. 1, § 8. (15) Cons. art. 7, §9.

S 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 rь. 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 b. 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, Ib. 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 committees.

Process for witnesses.

Commission

to take testimony.

TITLE V.

OF THE MODE OF TAKING TESTIMONY IN CERTAIN LEGISLATIVE
PROCEEDINGS.

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 precess 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

$2. 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.

$3. 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.

lb. during re- $ 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. 24.