TITLE 8.

take effect.

shall be sufficient to supply the several officers upon whom the duty is devolved by this act, and shall cause the same to be distributed to such officers at the expense of the state. $11. This act shall take effect on the first day of June next. When to [The following sections, being parts of ch. 240 of the Laws of 1847, are inserted here for the same reason that the act of 1842, as amended by that of 1847, is inserted.] $15. No person shall be permitted to vote at any election, Certain who previous thereto shall have been convicted of bribery or to vote. of any infamous crime, unless he shall have been pardoned and restored to all the rights of a citizen, or who shall make any bet or wager, or be directly or indirectly interested in any bet or wager depending upon the result of any election at which such person may offer to vote.

persons not

inspectors.

$16. In case any inspector of election shall knowingly and Penalty on wilfully permit or suffer any person to vote at any election who is not entitled to vote thereat, the said inspector so offending shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be sentenced to pay a fine of five hundred dollars, and be imprisoned in the county jail for six

months.

be ques

$ 17. The inspectors of any election in addition to the other Electors to questions to be put to any person offering to vote when chal- tioned. lenged under the act of the legislature of this state passed April 5, 1842, entitled "An act respecting elections for other than militia and town officers," shall interrogate every such person as to his qualifications to vote under the present constitution.

CHAP. VII.
Of the Legislature.

(Took effect January 1, 1830.)

TITLE 1. Of the apportionment of the members of the legislature. TITLE 2.Of the powers, duties and privileges of the two houses, and their members and officers.

TITLE 3.
TITLE 4.

Of applications to the legislature.

Of the enactment and promulgation of statutes, and of the
time from which they take effect.

TITLE 5. Of the mode of taking testimony in certain legislative pro

ceedings.

TITLE 6. Of the compensation of the members of the legislature, and their officers, and the contingent expenses of the senate and assembly.

TITLE I.

OF THE APPORTIONMENT OF THE MEMBERS OF THE LEGISLA

TURE.

SEC. 1. Four senators to each district; one to be chosen annually.

2. Apportionment of the members of assembly.

3. Rule by which new apportionments are to be made.

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[151]

Senators.

assembly.

5. Every county to have at least one member.

6. No change to be made of a county that shall deprive it of a member.

7. Population required for a new county.

SECTION 1. Each of the senate districts must be represented by four senators, and one senator must be elected annually in each district.

Members of S2. The members of the assembly must be chosen by counties; and the members of assembly hereafter to be chosen in the several counties of this state, until a new apportionment shall be made, shall be as follows:

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In the county of Suffolk, two;
In the county of Queens, one;
In the county of Kings, one;

In the county of Richmond, one;

In the city and county of New-York, eleven;

In the county of Westchester, three;

In the county of Putnam, one;
In the county of Duchess, four;
In the county of Rockland, one;
In the county of Orange, three;
In the county of Ulster, two;
In the county of Sullivan, one;
In the county of Greene, two;
In the county of Columbia, three;
In the county of Albany, three;
In the county of Rensselaer, four;
In the county of Schoharie, two;
In the county of Schenectady, one;
In the county of Saratoga, three;

In the county of Montgomery, including the county of
Hamilton as a part of said county of Montgomery, three;

In the county of Washington, three;

In the county of Warren, one;

In the county of Essex, one;

In the county of Clinton, one;

In the county of Franklin, one;
In the county of St. Lawrence, two;
In the county of Herkimer, three;
In the county of Oneida, five;
In the county of Madison, three,
In the county of Oswego, one;
In the county of Lewis, one;
In the county of Jefferson, three;
In the county of Delaware, two;
In the county of Otsego, four;
In the county of Chenango, three;
In the county of Broome, one;
In the county of Cortland, two;
In the county of Tompkins, three;
In the county of Tioga, two;

In the county of Onondaga, four;
In the county of Cayuga, four;
In the county of Seneca, two;
In the county of Ontario, three;
In the county of Wayne, two;
In the county of Yates, one;
In the county of Steuben, two;
In the county of Livingston, two;
In the county of Monroe, three;
In the county of Genesee, three;
In the county of Orleans, one;
In the county of Niagara, one;
In the county of Erie, two;

In the county of Allegany, one;
In the county of Cattaraugus, one;
In the county of Chautauque, two.

TITLE &

portion

assembly..

$3. In every new apportionment to be hereafter made of Future ap the members of assembly, they must be apportioned among ments of the several counties of the state, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of colour not taxed.

made.

54. Such an apportionment must be made by the legisla- When to beture, at its first session after the return of every enumeration of the inhabitants of the state, made in pursuance of the constitution.

ber to each

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$5. Every county established and separately organized One membefore the tenth day of November, in the year one thousand county. eight hundred and twenty-one, and then being one of the counties of the state, must always be represented by at least one member of the assembly.

county.

§ 6. No change can be made, that shall have the effect of Change in reducing the number of the inhabitants of any such county, according to the last state census, below the number required to entitle it to a member of the assembly, according to the existing ratio of representation.

$7. No new county can be erected, unless its population, New county according to the return of the last state census, shall entitle it to a member.

TITLE II.

OF THE POWERS, DUTIES AND PRIVILEGES, OF THE TWO
HOUSES, AND THEIR MEMBERS AND OFFICERS.

SEC. 1. Legislature when to assemble.

2. Powers of each house.

3. Journal to be kept.

4. Doors to be kept open.

5. Adjournments.

6. Members privileged from arrest on civil process.

7. Privileged in like manner before session, and while going and returning.

8. Further privilege after adjournment.

9. Privilege while absent with leave.

10. Officers in actual attendance privileged from arrest.

TITLE 2.

Time of meeting.

Quorum,

&c.

Journals.

Sittings public.

Adjournments.

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Privilege

SEC. 11. Members not to be questioned in any other place, for any speech in the house.
12. Each house has power to expe! members, and to punish members and officers.
13. Each house has power to punish a breach of its privileges.

14. Imprisonment when ordered by either house, shall not extend beyond same
session.

15. Assembly has power of impeaching all civil officers.

16. Clerks of senate and assembly to give bonds.

17. Clerks to prepare indexes to journals, and to furnish to secretary of state copies
of concurrent resolutions.

$1. The legislature shall assemble at the capitol, in the city
of Albany, on the first Tuesday of January, in every year.
7 B., 421.

$ 2. A majority of each house constitutes a quorum to do
business. Each house determines the rules of its own pro-
ceedings, and is the judge of the qualifications of its own
members.

$3. Each house is required to keep a journal of its proceedings, and to publish the same, except such parts, as may in its judgment, require secrecy.

S4. The doors of each house are to be kept open, except when the public welfare shall require secrecy.

S5. Neither house can, without the consent of the other, adjourn for more than two days.

$6. Every member of the legislature shall be privileged from arrest. from arrest on civil process, during his attendance at the session of the house 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.

Ib.

Ib.

Ib.

Ib., officers.

1 R. L., 122, §§ 1, 3.

$ 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.

1 R. L., 122, §§ 1, 3.

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.

1 R. L., 122, §§ 1, 3.

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

S 10. No officer of either house, whilst in actual attendance upon the house, shall be liable to arrest on civil process. Freedom of S 11. For any speech or debate in either house of the legislature, the members shall not be questioned in any other place.

debate,

Punish

ment of members, &c.

1 R. L., 48, § 11.

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

1

facts alleged as the ground of his expulsion, shall have been TITLE 2 made.

privileges,

ishable.

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

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.

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imprison

$ 14. In all cases in which either house shall punish any of its members or officers, or any other person, by imprisonment, Term of such imprisonment shall not extend beyond the same session ment. of the legislature.

impeach

$15. The assembly has the power of impeaching all civil Power of officers of this state, for mal and corrupt conduct in office, ment. and for high crimes and misdemeanors; but a majority of all the members elected must concur in an impeachment.

assembly.

$16. Every person appointed to the office of clerk of the Clerks of senate or assembly, shall, before he enters on the duties of senate and his office, execute a 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.

Laws of 1826, 377, § 3.

$17. The clerks of the senate and assembly, immediately г. after 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.