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TAKING TESTIMONY IN LEGISLATIVE PROCEEDINGS.
SECTION 44. Power of committees to subpæna and examine witnesses.
45. Proceedings in contest of elections.
committees to subpæna
§ 44. Every legislative committee, whether it be Power of a committee of either house or a joint committee ander of the two houses, may take the testimony of any witness voluntarily appearing before it for examination; and when authorized to send for persons or papers, may issue subpænas to compel the attendance of witnesses in this state, or commissions to examine witnesses who are out of this state, or unable to attend the committee, or excused from attendance; such subpænas and commissions to be in the form used by the courts, and to be served and executed in like manner; but the testimony shall be private unless otherwise ordered by the legislature or the house appointing the committee.
Ø 45. Upon the application of any person desi- Proceedrous to obtain testimony respecting the election of eloctions. any member of either house, for the purpose of contesting an election, or resisting a contest thereof, any county judge, or mayor, or recorder of any city, shall issue a subpoena directed to the witnesses named by the applicant, requiring their attendance before him, at a specified time and
place, to be examined respecting such election ; and he shall also, at the same time, deliver to the applicant a notice to the opposite party, stating the name and purpose of the applicant and the time and place fixed for the examination, and the names of the witnesses to be examined.
Services of process; returning of testimony.
§ 46. The subpæna and notice shall be served in the manner required for subpænas and notices in civil actions; the witnesses shall be entitled to the like fees; the examination shall be conducted in the like manner as the examination of witnesses conditionally in civil actions; and the testimony, together with the subpæna notice, and proof of service, shall be certified by the officer, and inclosed under seal to the clerk of the house to which the election pertains.
ENACTMENT OF STATUTES.
SECTION 47. Notice of applications for statutes.
48. Certificates of the enactment.
§ 47. All persons intending to apply to the legisapplication for statutes. lature:
1. To divide or alter the bounds of a county, city or village, or to erect a new county, or to incorporate a new city or village;
2. To remove a court-house;
3. To impose a tax for making or improving a road, or for
any county, whereby any of the inhabitants of such county may be subjected to taxation;
4. To authorize the construction of a dam on any public water;
5. To create a corporation, or to amend the charter of a corporation;
6. To release lands escheated to the state;
Shall give public notice of their intention to make such application, specifying the nature and object thereof, by advertisement, published at least once a week for six weeks immediately before the application, in the state paper and in a newspaper printed in each county where the object of the application is to be carried into effect; or, in the cases mentioned in the fifth and six subdivisions, in the county where the corporation is, or is to be, established, or where the lands lie. If the application be for an act of incorporation, the notice must specify the amount of capital required; and if for an amendment of a charter, it must state specifically the amendment desired. If the application be within the first subdivision of this section, before the legislature act upon it, the applicants shall lay before them an accurate survey and map of the territory described, verified by the oath of the surveyor making the same; and in case any law is passed upon the application, the survey and map
shall be filed in the office of the surveyorgeneral.
1 R. S., 371, SS 1 to 7. Ib., 402, S 3. Ib., 291, $$ 1 to 3.
Certificates of the enactment.
§ 48. When the governor approves a bill he shall indorse thereon a certificate of his approval and deliver it to the secretary of state. When a bill is passed by either house, by the votes of twothirds of all the members present, notwithstanding the objections of the governor, the presiding officer shall indorse thereon a certificate of such passage ; and when so passed by both houses, the presiding officer of the house last passing it, shall deliver it so indorsed to the secretary of state.
1 R. S., 372, § 4, last clause; 373, § 6, and last clause
of g 7.
Certificate of mode of passage.
§ 49. No bill shall be deemed to have been passed by the votes of two-thirds of all the members present, nor to have been passed when threefifths of all the members elected to each house were present, unless so certified by the presiding officer of each house.
1 R. S., 375, $ 25; Laws of 1847, 276, § 1.
This provision we have modified by extending it to the case of bills to the passage of which a twothird vote of all the members present is required. That it should be made applicable to that case appears from 1 R. S., 374, $ 16.
Secretary of state's indorsement.
$ 50. The secretary of state shall receive every bill passed, and indorse upon it his certificate of the day, month and year when it became a law, and deposit the same, so indorsed, in his office; and such certificate shall be conclusive evidence of the facts therein declared.
1 R. S., 373, SS 10, 11.
PROMULGATION OF STATUTES.
SECTION 51. Secretary of state to cause statutes to be published.
52. Evidence of mode of passage.
§ 51. The secretary of state, within thirty days Secretary of after each session of the legislature, must cause to utes to be be printed by the printer of the statutes, and published, all the laws and joint resolutions passed at such session; and each volume shall contain his certificate that it was printed under his direction. In the printing he shall omit the certificate required by section 50 to be indorsed upon the original bills; but he shall insert immediately after the title of each law the word “passed,” adding the day, month and year. If the bill was duly certified as passed by the votes of two-thirds of the members present in each house, he shall further add "by a two-third vote.” If it was duly certified as passed when three-fifths of all the members