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Legislative officers' privilege from arrest.

Power of legislature

SECTION 38. Certificate of amount of compensation of legislative officers.

39. Supplies.

40. Clerks to account to comptroller.
Limitation on certain expenses.

42. Clerk's bond.

43. Clerk's duties.

§ 35. Every member and every officer of either house is privileged from arrest in civil actions, while attending upon its sessions, and every member is thus privileged for fourteen days previous and subsequent to each session, and while absent, during the session, with leave of the house. But this privilege does not exempt him from arrest in an action for a forfeiture, misdemeanor, or breach of trust in any office or public employment.

§ 36. Each house may punish, by imprisonment,


for offenses. as for a contempt, the following offenses, and no


1. The arrest of any of its members or officers in violation of the last section, in which case it may also discharge the person arrested;

2. Disorderly conduct in the immediate view and presence of the house, tending to interrupt its proceedings, or impair the respect due to its authority;

3. The publication of a false and malicious report of its proceedings, or of the conduct of a member, in his legislative capacity;

4. The giving or offering of a bribe to a member,

or attempting by menace, or other corrupt means, directly or indirectly, to influence a member in giving or withholding his vote, or in not attending the house of which he is a member;

5. Neglect to attend or to be examined as a witness, when duly required to give testimony in legislative proceedings.

But no imprisonment by either house shall extend beyond the same session of the legislature.

tion of

clerks &c.

§37. The compensation of the several officers Compensaof the two houses shall be the following, beyond which no allowance or other compensation shall be paid to any of them for any service whatever, viz. :

To the clerk of each house, twelve hundred dollars per annum, payable on the adjournment of the legislature, and fifty dollars for attending the opening of the next legislature;

To each of the assistant clerks, not exceeding three in the senate, and four in the assembly, six hundred dollars;

To the sergeant-at-arms and door-keeper of each house, and to the librarian of the assembly, and to one assistant to each of them, the same compensation and mileage as to a member of the legislature;

To each of the messengers of either house, not

Certificate of amount of compen sation of legislative officers.


exceeding three for the senate and ten for the
assembly, one dollar for each day's actual attend-
ance in the performance of his duties.

§ 38. The compensation of the members of the
legislature, and of the officers of the two houses,
shall be paid upon the certificate of the presiding
officer of the house to which the member or officer
belongs; and if the compensation depend upon the
number of days' attendance, or if mileage be
allowed, the certificate shall state the estimated
distance of the place of meeting from the residence
of the member or officer, and the number of days'
attendance, including the time after his arrival at
the place of meeting, or on his way thither, during
which he is prevented by illness from attending.

§ 39. The clerk of each house shall furnish its members, officers and reporters with stationery, writing materials, and newspapers, not exceeding in the aggregate amount thirty dollars for each person. These may be furnished by the clerk, by his giving to the persons entitled thereto written orders on the publishers or venders of the newspapers designated by such person, or upon any stationer or bookseller designated by such person, for the articles to be supplied; such orders returned to the clerk, accompanied by the certificate of the person in whose favor it was drawn, that he had received such articles, shall be a sufficient voucher

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to the clerk, and from him to the comptroller, of the delivery thereof. The clerk shall also, under the direction and subject to the approval of the comptroller, purchase such furniture as may be necessary for the house of which he is clerk, including the Legislative Manual, pay the postage of the letters, papers and documents sent or received by members, and the expenses of transmitting the journals and documents of the two houses to members and officers.

Laws of 1859, ch. 1.

§ 40. The clerk of each house shall, at the end of each month during the sessions, account to the comptroller for all moneys received up to that time; and, within ten days of the close of the session, shall file with the comptroller an abstract, in such form and containing such particulars as the comptroller shall direct, of all newspapers ordered by him for the members, and of all other expenditures by him, with the vouchers therefor; and shall give him satisfactory evidence that the expenditures were reasonable.

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Clerks to

account to comptrol


on certain

§ 41. All payments made pursuant to this arti- Limitation cle shall be made out of the general fund, and expenses. there shall be no appropriation for a contingent fund for the legislature or for either house. Neither house shall, without the consent of the other, order to be printed more than four thousand

Clerk's bond.

Clerk's duties.

copies of any paper; or the purchase of any books,
the aggregate amount of which shall exceed one
hundred dollars; or appoint any committee of its
own members or others at the public expense,
except in case of contested elections; or incur any
expense whatever, except as provided in this arti-
cle, and except the reasonable expense of witnesses
and commissioners to take testimony when required,
as provided in this Code.

§ 42. The clerk of each house, before entering
upon his office, shall execute a bond to the people,
with such security as the comptroller shall
approve, conditioned for the faithful performance
of all the duties of his office, and accounting for
moneys that
may come to his hands by virtue


§ 43. The clerk of each house shall keep a true record of all its proceedings, and take charge of and keep on file all documents of that house, and those presented to it, and prepare indexes to the journals and documents, and deliver to the secretary of state, duly certified, an engrossed copy of all acts and joint resolutions which originated in the house of which he is clerk. But either house may authorize title-deeds or other original documents, belonging to any person, to be delivered to him.

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