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TAKING TESTIMONY IN LEGISLATIVE PROCEEDINGS.
SECTION 44. Power of committees to subpoena and examine witnesses. 45. Proceedings in contest of elections.
46. Service of process; returning testimony.
§ 44. Every legislative committee, whether it be a committee of either house or a joint committee 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 subpoenas 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 subpoenas 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.
§ 45. Upon the application of any person desirous to obtain testimony respecting the election of 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
committees to subpoena
ings in contest of
Services of process; returning of testimony.
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.
§ 46. The subpoena and notice shall be served in the manner required for subpoenas 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 subpoena 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.
49. Certificate of mode of passage.
50. Secretary of state's indorsements.
§ 47. All persons intending to apply to the legisfor statutes. lature:
Notice of application
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 other local purpose in 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
Certificates of the enactment.
Certificate of mode of passage.
Secretary of state's indorsement.
is passed upon the application, the survey and map shall be filed in the office of the surveyorgeneral.
1 R. S., 371, §§ 1 to 7. Ib., 402, § 3. Ib., 291, §§ 1 to 3.
§ 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 § 7.
§ 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 re 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.
§ 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, §§ 10, 11.
PROMULGATION OF STATUTES.
SECTION 51. Secretary of state to cause statutes to be published.
52. Evidence of mode of passage.
53. List of officers to be published.
54. Distribution of statutes.
55. Statutes to be transmitted to each county.
56. Designation of county paper.
57. Time of publication.
58. General statutes in pamphlet form.
§ 51. The secretary of state, within thirty days after each session of the legislature, must cause to 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
utes to be