TITLE 3. Certain ap plicants to 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 incorporations, &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. S1. All persons applying to divide or alter the bounds of give notice, any county, city or village; or to erect a new county; or to incorporate a new city or village: And all persons applying for the removal of any courthouse; 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: Shall give notice of such intended application by advertisement to 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. 1 R. L., 268; Laws of 1818, 121; 7 B., 421. 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. 1 R. L., 268; Laws of 1818, 121. 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. 1 R. L., 268; Laws of 1818, 121. 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. 1 R. L., 268; Laws of 1818, 121. $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. 1 R. L., 268; Laws of 1818, 121. TITLE IV. OF THE ENACTMENT AND PROMULGATION OF STATUTES, AND 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. 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. TITLE 4. 12. 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 legisla- Powers of ture; and all bills passed by one house may be amended by the other. two houses. bills. $2. The assent of two-thirds of the members elected to Two-third 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. 4 H., 384; 2 H., 35. $3. No bill shall be deemed to have been passed by the г. assent of two-thirds of the members elected to each house, unless so certified by the presiding officer of each house. assent. $4. Every bill thus passed and certified, must, before it [157] becomes a law, be presented to the governor; if he approves, Governor's he must sign it; and he shall endorse thereon a certificate of his approbation, and deliver the same so endorsed to the secretary of state. 1 R. L., 458, § 1. $5. If the governor do not approve the bill, he shall return Governor's it with his objections to that house in which it shall have objections. originated, who shall enter the objections at large on their journal, and proceed to reconsider it. 1 R. L., 458, § 1. ings there $6. If two-thirds of the members present shall agree to pass Proreedthe bill, notwithstanding such objections, the presiding officer on of such house shall endorse thereon a certificate of such passage by the number so required. 1 R. L., 458, § 1. $7. The bill shall then be sent, together with the objections, Iь. to 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. 1 R. L., 458, § 1. TITLE 5. Yeas and nays. If not returned. Duty of secretary of state. Ib. Time when laws take effect. Copy for S8. In all such cases the votes of both houses shall be determined 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. 1 R. L., 458, § 1. S 9. If a bill be not returned by the governor within ten days (Sundays 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. 1 R. L., 458, § 1. $10. The secretary of state shall receive every bill which shall have passed the senate and assembly, and have been approved and 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. 1 R. L., 458, § 1. $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. 4 H., 384. $12. Every law, unless a different time shall be prescribed therein, shall commence and take effect, throughout the state, on and not before the twentieth day after the day of its final passage, as certified by the secretary of state. $ 13. The secretary of state shall forthwith deliver a certipublication. fied copy of each law, other than acts of incorporation, deposited in his office, and of his endorsement thereon, to the state printer, to be printed and published by him, in the manner prescribed in the eighth chapter of this act. [158] TITLE V. OF THE MODE OF TAKING TESTIMONY IN CERTAIN LEGISLA- 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. Commissioners to take oath, and issue process 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. 11. The commissioners and witnesses 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. SEC. 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. 19. Witnesses to be entitled to same fees as in courts of record. 20. Penalty on witnesses refusing or neglecting to attend as summoned. 21. Fees of the officer for issuing summons and taking testimony. TITLE 5. before com $1. The chairman of any committee, either of the senate Witnesses or assembly, or of any joint committee, shall be authorised mittees. to administer oaths to all witnesses coming before such committee for examination. Laws of 1814, 24. witnesses. $2. Every chairman of a committee, which, by the terms Process for 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 Commisdirection of the committee, to issue a commission for the testimony. 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. sion to take recess. $4. Whenever a committee shall obtain authority for that Ib., during 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. ed, &c. ted. $5. Every such commission shall be directed to such magis- [159] trates or other persons as the committee may designate; and How directinterrogatories, framed by the committee, shall be annexed thereto. $6. The persons to whom such commissions shall be How execudirected, if they 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. $7. Unless otherwise instructed by the committee, it shall in all cases be 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. b., examivate. nation pri be sworn. $8. Every witness so attending shall be examined on oath Witness to or affirmation, and his testimony shall be reduced to writing by the commissioners, and signed by the witness. tions to be $9. When the commission shall have been duly executed, Deposi the commissioners shall annex thereto the depositions of the transmitted TITLE 5. Who may execute commission. tion to com and wit nesses. witnesses, 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. $10. Every such commission may be executed by any one or more of the persons to whom the same shall be directed, and may, in the discretion of the committee issuing the same, be directed to a single person. Compensa- $ 11. The persons executing any such commission, and all missioners persons examined as witnesses by commissioners, or by a committee of either house, or of the legislature, shall be paid out of the treasury 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. Contested elections. Summons for witnesses. [160] How served Notification to other party. How served Witnesses, how ex amined. S 12. When any person shall intend to contest the election of any 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. S 13. The officer to whom such application shall be made, shall thereupon issue a summons, directed to all such witnesses as shall be named by such applicant, and requiring the attendance of such witnesses 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. $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. $15. Whenever any summons shall be issued as aforesaid, the 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. $ 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. S17. 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 |