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and things respecting the election about to be contested, as TITLK 6shall be proposed by either of the parties.

§ 18. The testimony given on such examination, shall be {j^81,;,,,, reduced to writing by the officer taking the same, and signed transmitted 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.

•) 19. Every witness attending by virtue of any such wei*ne9B-' summons, shall be entitled to the same fees as are allowed to witnesses in civil suite in courts of record, to be paid by the party at whose instance such witness was summoned.

5 -0. If any person, being summoned in the manner afore- Penalty for said, shall refuse or neglect to attend in pursuance of such ance summons, he shall forfeit and pay the sum of one hundred dollars, to the use of the people of this state.

5 21. The following fees shall be allowed to the officer ££ecseof 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;

For reducing the testimony of each witness to writing, ten d«] cents for each folio; and five cente 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 cente.



Ek. 1. Members to receive a compensation, but no increase beyond three dollars a

2. Members to receive three dollars a day for attendance and travelling.

3. Distance how to be computed.

i. Members who are prevented from attending by sickness, to have like pay.

5. ComptroUer to draw warrant on certificate of presiding officer.

6. Salaries allowed to clerks; compensation for making indexes.

7. (Repealed.)

8. Duty of clerks.

9. Pay of other officers.

10. Extra pay prohibited.

11. Contingent expenses of the two houses.

13. Clerks to account with comptroller at the end of each sessiou.

5 1. The members of the legislature are entitled to receive ^^In" for their services, a compensation to be ascertained by law, compelled and paid out of the public treasury; but no increase of the tion' compensation can take effect, during the year in which it

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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.

§ 2. Each member of the senate and assembly, shall be entitled to receive tliree dollars for every day he shall attend either of them; 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.

Laws of 1823, 10, § I.

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

Laws of 1823, 10, § 1.

§ 4. If any member of the senate or assembly shall, after his arrival at the place of 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.

Laws of 1823, 10, § 1.

§ 5. The comptroller shall draw his warrant for the payment of such sum as may so become due to each member respectively, upon 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 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.

Laws of 1823, 10, §1.

§ 6. There shall be allowed to the chief clerk of the senate and to the chief clerk of the assembly an annual salary of twelve hundred dollars each, in lieu of all other compensation; and the clerk of the senate shall be authorized to appoint a journal clerk, an engrossing clerk, and one clerk for miscellaneous duties, each of whom shall receive, as compensation for his services six hundred dollars. The clerk of the assembly shall be authorized to appoint a journal clerk, an engrossing clerk, and two clerks for miscellaneous duties, each of whom shall receive, as compensation for his services, six hundred dollars.

Laws of 1853, ch. 530. The rovisors in their 2d ed. inserted as § 7 the 21st see. of eh. 377, Laws of 1829, allowing the clerk of the senate $350 a year extra pay. That sect, never was in fact a part of the Rev. St., and is therefore omitted here. The original § 7 of the Rev. St. provided for compensation for the sergeants-at-arms, doorkeepers, Ac. The act of 1853 repeals § 7, but, which of these two sections ia thus repealed it is not for the editor to determine.

§ 8. The clerk of the senate shall keep a journal of executive proceedings, and each of the said chief clerks as aforesaid shall prepare indexes to the journals and documents of the two houses, the same to be subject to the approval of the secretary of state, and without any other compensation or T1TUS *• allowance for the same than is above provided.

Laws of 1853, ch. 630.

5 9. The sergeant-at-arms and assistant sergeant-at-arms Jg^i of each house, (the latter of whom shall act as postmaster ° cer*' thereof) the door-keepers and assistant door-keepers of each house, and the librarian and assistant librarian of the assembly shall be entitled to the same mileage and compensation for each day's actual attendance as members of the legislature, to be certified in the same manner; and there shall be paid to each of the messengers of the two houses, to wit, three of the senate and ten of the assembly, the sum of one dollar for each day's actual attendance in the performance of their duties; and besides the officers above named none other or others shall be employed or paid except by bill for that purpose; and no extra allowance shall be made to the officers above named on any pretence whatever.

Laws of 1853, ch. 530.

.5 10. No fee, per diem compensation, or mileage shall be ^jTM^ allowed to any officer or messenger of either branch of the legislature for or on account of his attendance upon the opening of the next succeeding session of said body, except to the clerk thereof, who shall be allowed fifty dollars in lieu of all mileage, pay, or perquisites therefor.

Laws of 1853, ch. 530.

5 11. All purchases of furniture and other articles men- £°1,^TMtf tioned in this section for the use of the legislature, or of either the leguiahouse, shall l>e made by the clerks of the respective houses ture' under the direction of the comptroller, and subject to his approval. And all moneys required to defray the expenses of such furniture, of the legislative manual, of diagrams and of file boards for bills and documents of the two houses, of postage on papers and documents sent by members through the mails, and of transmitting the session laws, journals, and documents of the two houses to the members and officers thereof, shall be paid out of the general fund, but no money shall be paid out of the treasury by virtue of any resolution of either house of the legislature, and the appropriation known as the contingent fund is hereby abolished.

Laws of 1853, ch. 530, made this section a substitute for § 11 and § 12.

5 13. The clerks of the senate and assembly shall account The clerk* to the comptroller at the end of each session for any moneys accmufts. received by them, and shall furnish to him satisfactory evidence that the charges contained in their accounts are correct and reasonable, and all accounts and vouchers for the expenses provided for in the last two preceding sections of this act shall be presented for audit at the end of each month, and shall, as far as practicable include all expenses and payments up to the time of rendering such accounts. The comptroller shall make such rules and regulations with reference to this L— 21

L and the two* preceding sections of this act, and to enforce the observance of the same as to him shall seem proper.

Laws of 1853, ch. 530, made this section a substitute for sections 13 and 14 of the Rev. St. There never were any sections 11, 12, 13 and 14 to this title. The confusion in these enactments, and in the numbering of the sections, is the fault of the act of 1853.


Of the duties of the executive officers of the state, and of various matters connected with their respective departments.

(Took effect January 1,1828.)

Title 1. — Of the governor, lieutenant-governor, or other person

administering the government of the state. Title 2. — Of the secretary of state. [163] 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.



Sec. 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.

6. In case of his impeachment 4.C., lieutenant-governor to act

6. Lieutenant-governor is president of senate.

7. When president of senate to act as governor.

8. Governor may deliver over persons charged with crime.

9. Upon whose requisition such delivery to be made.

10. What evidence governor to require of guilt of person charged.

11. Expense of such delivery to be paid by persons to whom it is made.

12. Governor to notify attorney-general, when suits are commenced, Ac

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.

16. Governor to exchange copies of session laws with other states.

17. Where laws received by Mm from other states, to be deposited.

18. Expenses of theso duties paid out of treasury.

19. Provisions in relation to governor, to whom to apply.

20. To keep register of applications.

21. And the Bame for pardons.

22. To preserve the reports of judges.

23. To keep an account of expenses.

24. Pay of privato secretary and clerk hire.

• The two sections here referred to are doubtless the preceding section of this title, § 11 and { 7 of the act of 1853, which latter is not made a part of the Rev. St. as the former is.

Section 1. The governor is general and commander-in- G"eraor,;a chief of all the militia, and admiral of the navy of the state, command, 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 amy.

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.

5 3. He has power, Powers.

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

2. To grant reprieves and pardons after conviction, for all [164] 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.

5 4. The governor shall have the custody of the great and seals of privy seals, of which descriptions in writing, have been 8 e" deposited and recorded, in the secretary's Office, and which shall be and continue, the great seal and the privy seal of this state.

1 R. L., 459, § 6.

5 5. In case of the impeachment of the .governor, or his Lieutenantremoval from office, death, resignation or absence froin the g0'ern0|■• 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 commanderin-chief of all the military force of the state.

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

§ 7. If, during a vacancy of the office of governor, the n>. 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.

§ 8. The governor may, in his discretion, deliver over to Foreign justice, any person found within the state, who shall be crlmln*tacharged 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.

Laws of 1822, 139.

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