Tit. I, Ch. 1. Duty of officers holding claims in favor of the state. Interpretation of certain words. DEFINITIONS AND GENERAL PROVISIONS. $$ 22-23. any officer or agent of public money, funds, property, bonds, securities, or assets, belonging to it, from suing for and recovering the same; and such suit shall not be held to be an adoption or satisfaction of such illegal transaction. [60 v. 64, SEC. 22. Whenever any officer or agent of the state comes into Possession of any claim due or payable to the state, he shall demand payment thereof, and on payment have the amount duly certified into the state treasury; and if he does not succeed in the collection thereof within sixty days after the claim comes into his possession, he shall certify it to the auditor of state, specifying the transaction out of which it arose, the amount due, the date of maturity, and the time when payment was demanded, as aforesaid. [57 v. 83, §§ 1, 2.] SEC. 23. In the interpretation of Parts First and Second, unless the context shows that another sense was intended, the word "bond" includes an "undertaking," and the word "undertaking" includes a "bond;" "and" may be read "or," and "or" read "and," if the sense requires it; words of the present include a future tense, in the masculine, include the feminine and neuter genders, and in the plural include the singular and in the singular include the plural number; but this enumeration shall not be construed to require a strict construction of other words in said Parts, or in this Code. 23. Interpretation and construction of statutes Amendment, to be considered, from time of taking effect, as part of original law, McKibben v. Lester, 9 O. S. 627; Howk v. Minnick, 19 O. S. 462; Bloom v. Richards, 2 O. S. 387; a substantial change made by, to have effect, Boley v. O. L. Ins. & Trust Co., 12 O. S. 139; Griffin v. State 34 O. S. 299; but change in language merely does not affect the meaning. Boley v. O. L. Ins. & Trust Co., 12 O. S. 139; Brower v. Hunt, 18 O. S. 311. Contemporaneous construction, force of Moore v. Vance, 10.1; Ludlow v. Johnston, 30. 553; Reed v. Evans, 17 O., 128; Dutoit v. Doyle, 16 O. S. 400. Different meanings of same words-words taken ordinarily in usual sense, Allen v. Little, 5 O. 65; Hathaway case, 4 O. S. 383; Med. Col. of Ohio v. Zeigler, 17 O. S. 52; Woodbury v. Berry, 18 O. S. 456; Moore v. Vance, 10. 1; Turney v. Yeoman, 14 O. 207; Woodworth v. State, 26 O. S. 196; State v. Peck, 25 O. S. 26; Norris v. State, 25 O. S. 217; Bulkley v. Stephens, 29 O. S. 620; Wilcox v. Nolze, 34 O. S. 520; but context or consequence may require different meaning, Burgett v. Burgett, 10. 469; Horton v. Horner, 16 O. 145; White v. White, 19 O. S. 531; State v. Trustees, 11 O. 24; Corwin v. Benham, 2 O. S. 36; Stetson v. City Bk. of N. O., 2O. S. 167; S. B. Messenger v. Pressler, 13 O. S. 255; Stone v. Elliott, 11 O. S. 252; Terrill v. Auchauer, 14 O. S. 80; Rammelsberg v. Mitchell, 29 O. S. 22; Aultman v. Seiberling, 31 O. S. 204; Lane v. McKinstry, 31 O. S. 640; Elliott v. Shaw, 32 O. S. 431; Brigel v. Starbuck, 34 O. S. 280; words not the only source from which meaning to be gathered, Patton v. Sheriff, 2 O. 395; Allen v. Parish, 3 O. 187; State v. Blake, 2 O. S. 147; State v. Ž. & M. T. Co., 160. S. 308; State v. McCollister, 11 O. 46. Remedial statutes should be liberally construed, Saterlee v. Stevens, 11 O. 420; Hays v. Statutes in pari materia to be construed together, Hirn v. State, 1 O. S. 15; Jones v. Carr, 16 Punctuation and grammar may be disregarded. Shriedley v. State, 23 O, S. 130; Pancoast v. Expressio unius est exclusio alterius. Courson v. Courson, 19 O. S. 454. Authority to do a particular thing, without specifying mode, implies power to do it in a reasonable manner. Jewett v. Railway, 34 O. S. 601. SEC. 24. For all purposes of the organization of the senate and Evidence of memhouse of representatives of the general assembly, the certificate of elec- bership. tion, from the clerk of the court of common pleas of the proper county, shall be held and considered as prima facie evidence of the right to membership of the person therein certified to be elected senator or representative. [51 v. 330, $ 2.] the senate. SEC. 25. At the hour of ten o'clock, forenoon, of the day Organization of. appointed for the beginning of any regular session of the general assembly, the president of the senate, or in case of his absence or inability, the oldest man present who is a senator elect, shall take the chair and call the members elect to order, and shall appoint one of them clerk pro tempore; and the president or chairman shall then call over the senatorial districts in their numerical order, and as the same are called the persons claiming to be members shall present their certificates and take the oath of office. [51 v. 330, $ 3.] senate their elec. tion. SEC. 26. After the members elect have taken such oath, if there be officers of the a quorum present, the senate shall proceed to the election of a president pro tempore, a clerk, a first assistant clerk, a second assistant clerk, a sergeant-at-arms, a first assistant sergeant-at-arms, and a second assistant sergeant-at-arms; and the election shall be in the order herein stated, and by viva voce voting. [51 v. 330, $ 4.] Tit. II, Ch. 1. Organization of resentatives. ORGANIZATION OF GENERAL ASSEMBLY. $$ 27-35. SEC. 27. At the same time fixed for calling the senate to order, the the house of rep secretary of state, or in case of his absence or inability, the auditor of state, in the hall of the house of representatives, shall take the chair and call the members elect to order, and appoint one of them clerk pro tempore; the several counties and districts of the state shall be called over by the officer presiding, in alphabetical order, and as the counties are called the members elect therefrom, or from the districts composed thereof, shall present their certificates, and take the oath of office. [51 v. 330, § 6.] Officers of the tatives: their election. SEC. 28. After the members elect have taken the oath of office, if house of represen- there be a quorum present, the house shall proceed to the election of a speaker, a speaker pro tempore, a clerk, a first assistant clerk, a second assistant clerk, a sergeant-at-arms, a first assistant sergeant-at-arms, and a second assistant sergeant-at-arms; and the election shall be in the order herein stated, and by viva voce voting. [58 v. 18, § 7.] Additional assis how elected or appointed. SEC. 29. No additional assistant clerks or assistant sergeants-at-arms tants: when and shall be elected or appointed in either branch of the general assembly for two weeks after the organization thereof, and none thereafter except on the application of the clerk or sergeant-at-arms, stating the number necessary, and the passage of a resolution by such branch providing therefor; and such resolution may provide either for the election of such assistants or for their appointment by the clerk and sergeant-at-arms, respectively. [58 v. 18, § 7.] Oath of office of cers: by whom administered. SEC. 30. The oath of office of senators and representatives, the members and offi- president pro tempore of the senate, the speaker and speaker pro tempore of the house, the clerk of each branch, the assistant clerks, the sergeant-at-arms, and the assistant sergeants-at-arms, may be administered by any member or by any person authorized to administer oaths. [51 v. 330, SS 3, 6, 8.] Term of office of clerk and sergeant-at-arms. Their removal. Clerk and sergeant-at-arms shall control and may, for cause, dismiss assistants. Either branch may dismiss by resolution. A majority of votes required to elect, till after the tenth voting. Pages, and by whom appointed. Removal for cause. SEC. 31. The clerk and sergeant-at-arms of each branch shall hold their offices during the term of the senators and representatives electing them, respectively, unless sooner removed by resolution of the branch whose officers they are, respectively. [51 v. 330, $$ 5, 9.1 SEC. 32. The clerk and sergeant-at-arms of each branch shall have control and direction of their respective assistants, and may dismiss any Of them whose services are not needed or who do not perform their duties in a satisfactory manner; and either branch may, by resolution, dismiss any such assistants. [51 v. 330, $5; 58 v. 18, § 7.] SEC. 33. A majority of all the votes given at any election for an officer of either branch, shall be necessary to elect; but if a choice be not made on or before the tenth voting, the person thereafter receiving the highest number of votes shall be declared duly elected. [51 v. 330, SII.] SEC. 34. The president of the senate shall appoint three pages, and the speaker of the house shall appoint five pages, who shall serve during the sessions of the general assembly, unless sooner dismissed for cause by the officer appointing, or the branch in which they are appointed; Additional pages. and additional pages may be appointed or authorized by resolution of either branch. [51 v. 330, $ 10.] During absence or disability of at-arms, appointment pro tem. SEC. 35. Either branch, at any time, in the absence or during the clerk or sergeant- disability of its clerk or sergeant-at-arms, may, by resolution, constitute any one of the assistant clerks, clerk pro tempore, or any one of the assistant sergeants-at-arms, sergeant-at-arms pro tempore, and thereupon, the duties of the clerk or sergeant-at-arms shall devolve on his assistant so appointed, and such appointee shall, during the absence or disability of his principal, have all the powers and be charged with all the duties $$ 36-42. ORGANIZATION OF GENERAL ASSEMBLY. devolved on or required of the clerk or sergeant-at-arms whose place he fills. [62 v. 3, §§ 1, 2.] Tit. II, Ch. 1. sent members. SEC. 36. Whenever, at the commencement of, or during a regular, Power of each adjourned, or called session of the general assembly, upon a call of either branch over abbranch, it be found that no quorum of members is present, or if any member or members be found absent on any such call, the members present are authorized to direct the sergeant-at-arms, or if there be no sergeant-at-arms of such branch, then any other person, to compel the attendance of any or all absentees; and if, on any such call of either branch, the members present refuse to excuse any absentee, he shall not be entitled to any per diem during his absence, and shall be liable for any expenses incurred in procuring his attendance, which Penalty for unexshall be deducted out of his compensation as a member. [51 v. 330, $12.] SEC. 37. The resignation of a senator or representative which is tendered during any session of the general assembly, shall not take effec: until the branch of which the person tendering it is a member has accepted the same by a vote of a majority of the members elected to such branch, exclusive of the person tendering the resignation. [41 v. 61, § 1.] cused absence. Resignation of member during till accepted by session not valid majority. Joint conventions to be held in the ball of represen tatives. sidered in session separately. Concurrent ac SEC. 38. When the two branches of the general assembly meet in joint convention for any purpose required by the constitution or laws, such convention shall be held in the hall of the house of representatives, unless otherwise ordered by joint resolution of the two branches; Each branch conand, during all such conventions, each branch shall be deemed to be in session as a separate branch of the general assembly; and, except in voting in elections where each member is entitled to a separate vote, on necessary, each branch shall act separately, and no question shall be consid- except in elections ered carried otherwise than by the concurrent action of both branches; Majority of either but either branch may, by a vote of a majority of all its members, dis- may dissolve consolve such convention by an order withdrawing therefrom; and such Convention may, convention may, by the concurrent vote of the two branches, take a by concurrent recess, or adjourn to a time certain; but such recess or adjournment of vote of each the convention shall not be held to be an adjournment or recess of cess, or adjourn either branch, nor to prevent either from proceeding with its business to a time certain. during such recess or adjournment. vention. branch, take a re geant-at-arms at sion. SEC. 39. The sergeant-at-arms of each branch shall, immediately Duties of serafter the close of a session, take charge of the books, stationery, and the close of a sesother property, furnished for the use of his branch of the general assembly or any member or officer thereof, and cause the same to be delivered into the custody of the secretary of state, who shall give duplicate receipts therefor, one of which the sergeant-at-arms is required to deposit with the auditor of state. [63 v. 65, $4. SEC. 40. Each member of the general assembly shall receive for his term of office the sum of twelve hundred dollars, one-half thereof to be paid each year, in monthly installments of not exceeding one hundred and fifty dollars, and also twelve cents per mile each way for traveling from and to his place of residence by the most direct route of public travel to and from the seat of government; but if any member is absent without leave or is not excused on his return, there shall be deducted from his compensation the sum of five dollars for each day's absence. [63 v. 65, § 1.] Salary and mileage of members of the general assembly. SEC. 41. The clerks and sergeants-at-arms of the senate and house, Per diem of the and their assistants, shall each receive five dollars for each day's attend-officers of the senance during the sessions. [63 v. 65, § 2.] SEC. 42. The word "attendance" shall be construed to include all days from the opening to the close of the session, except such days of house. The word "atstrued. tendance" con Tit. II, Ch. 2. Compensation of after adjourn ment. TESTIMONY IN IMPEACHMENTS. SS 43-49. absence as are not excused by the branch to which the member or officer belongs. [66 v. 5, § 2.] SEC. 43. The clerks of the senate and house of representatives clerks for services shall receive five dollars per day, each, for the time employed after the adjournment of the general assembly, for making out indexes to the recorded and printed journals, and for reading the proof-sheets of the printed journals-the bills therefor to be approved by the commissioners of public printing, or a majority of them; but they shall not receive any other allowance or compensation for services after the adjournment of the general assembly, except as may be provided by law or resolution. [64 v. 25, $ 3.1. President of the er of the house SEC. 44. The president of the senate and speaker of the house shall senate and speak- ascertain the number of days' attendance of each member and officer of shall certify as to their respective branches during the session, and the number of miles travel of each member to and from the seat of government, and certify the same, and the amount due therefor, to the auditor of state. [66 v. 5, per diem. Compensation of for services after 1.] SEC. 45. The sergeants-at-arms of the senate and house shall each sergeants-at-arms receive five dollars per day for the time employed after adjournment in the performance of the duties required of them, to be fixed by resolution of the respective branches. [63 v. 65, § 4-1 adjournment. Compensation of pages and other employes. SEC. 46. The amount to be paid to the pages and other employes of either branch shall be fixed by resolution of such branch, and shall not be changed during the term for which fixed. Depositions on complaint, etc., before house of representatives. Notice to be given. Fees, etc. SEC. 47. In all cases where a memorial, petition, or complaint, praying for an investigation of the official conduct of an officer liable to impeachment by the constitution, is pending in, or may hereafter be presented to, the house of representatives, it shall be competent and lawful for a person preferring such complaint, either before or after the same has been presented, to take depositions of witnesses to substantiate the same, which depositions may be used as testimony before the house in determining whether it will impeach such officer, and may be taken before any person authorized by law to take depositions in other cases. [42 v. 38, 1.] SEC. 48. Notice shall be given of the time and place of taking such depositions, in the same manner as is required by law in other cases; but if the officer against whom such complaint is made or about to be made is out of the state, then such notice may be left at his place of residence in the same; if he have no known place of residence in the state, then such notice may be published in some newspaper printed in the county of the state where he last resided, for three consecutive weeks next preceding the time of taking the depositions. [42 v. 38, § 2.] SEC. 49. In case an impeachment be preferred to the senate, and the officer impeached be convicted by the senate, then the person complaining, who has caused the depositions to be taken, shall be allowed the legal fees accruing on the same. [42 v. 38, § 3.1 |