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TITLE & vious thereto, except in cases of invasion or insurrection, he shall forfeit the sum of five hundred dollars for every such offence. 50

Hamilton county.

TITLE VIII.

MISCELLANEOUS PROVISIONS.

Szc. 1. Hamilton county to be deemed part of Montgomery for the purposes of this Chapter. 2. Hudson a town for same purpose.

3, 4 & 5. Majority of inspectors to act; proceedings if majority do not attend.

6. When notice of election, &c. to be directed to county clerk, and when to first judge. 7. Accounts of clerks for services under this Chapter to to be a county charge.

$1. The county of Hamilton shall be a part of the county of Montgomery, for the purposes of all elections under this Chapter.51 Hudson. 32. The city of Hudson shall be considered a town, for all the purposes contemplated by this Chapter. 52

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3. It shall be lawful for a majority of the inspectors of any election, held in pursuance of this Chapter, to execute all the trusts and duties required to be executed by the inspectors of any such election. S4. If a majority shall not be present at one or more of the days on which the election is held, the inspectors or inspector attending, shall appoint so many electors of the town or ward, to act as inspectors, as may be necessary to form a board.

$5. The persons so appointed shall take the constitutional oath, and continue to act until a majority of the inspectors shall attend.

$6. No notice of an election, nor copy of the governor's proclamation, shall, in any case, be directed to the clerk of a county, unless the office of sheriff of such county shall then be vacant; nor to the first judge, unless the offices of sheriff and clerk shall both be vacant. 53 $7. The accounts of the respective clerks of counties, for services performed, and expenses incurred, by virtue of this Chapter, shall be audited, levied, and paid, in like manner as other contingent charges of such counties. 54

CHAP. VII.

Of the Legislature.

TITLE 1.Of the apportionment of the members of the legislature. TITLE 2. Of the powers, duties and privileges of the two houses, and their members and officers.

TITLE 3. Of applications to the legislature.

TITLE 4.-Of the enactment and promulgation of statutes, and of the time from which they take effect.

TITLE 5. Of the mode of taking testimony in certain legislative pro

ceedings.

(50) Laws of 1822, p. 280, § 21. (51) Laws of 1816, p. 119; 1826, p. 336. (52) Laws of 1822, p. 267, § 1; p. 280, § 23. (53) See ante Title 3, art. 1. (54) Laws of 1822, p. 281, § 27.

TITLE 6. Of the compensation of the members of the legislature, and TITLE 1. their officers, and the contingent expenses of the senate and assembly.

TITLE I.

OF THE APPORTIONMENT of the members of the LEGISLATURE.

SEC. 1. Four senators to each district; one to be chosen annually.

2. Apportionment of the members of assembly.

3. Rule by which new apportionments are to be made.

4. When new apportionments to be made.

5. Every county separately organized before the 10th of November, 1821, to have at least one member.

6. No change to be made of a county that shall reduce the number of inhabitants below the number required to entitle it to a member.

7. Population required for a new county.

SECTION 1. Each of the senate districts must be represented by Senators. four senators, and one senator must be elected annually in each district.1

assembly.

$2. The members of the assembly must be chosen by counties; Members of and the members of assembly hereafter to be chosen in the several counties of this state, until a new apportionment shall be made, shall be as follows:

In the county of Suffolk, two;
In the county of Queens, one;

In the county of Kings, one;

In the county of Richmond, one;

In the city and county of New-York, eleven;

In the county of Westchester, three ;

In the county of Putnam, one;

In the county of Duchess, four;
In the county of Rockland, one;
In the county of Orange, three;
In the county of Ulster, two;
In the county of Sullivan, one;
In the county of Greene, two;
In the county of Columbia, three;
In the county of Albany, three;
In the county of Rensselaer, four;
In the county of Schoharie, two;
In the county of Schenectady, one;

In the county of Saratoga, three;

In the county of Montgomery, including the county of Hamilton as a part of said county of Montgomery, three;

In the county of Washington, three;

In the county of Warren, one;

(1) Cons. art. 1, § 2 & 5

TITLE 1.

Future ap

portionments

In the county of Essex, one;
In the county of Clinton, one;

In the county of Franklin, one;
In the county of St. Lawrence, two;
In the county of Herkimer, three;
In the county of Oneida, five;
In the county of Madison, three;
In the county of Oswego, one;
In the county of Lewis, one;
In the county of Jefferson, three;
In the county of Delaware, two;
In the county of Otsego, four;
In the county of Chenango, three;
In the county of Broome, one;
In the county of Cortland, two;
In the county of Tompkins, three;
In the county of Tioga, two;
In the county of Onondaga, four;
In the county of Cayuga, four ;
In the county of Seneca, two;
In the county of Ontario, three;
In the county of Wayne, two;
In the county of Yates, one;
In the county of Steuben, two;
In the county of Livingston, two ;
In the county of Monroe, three;
In the county of Genesee, three;
In the county of Orleans, one;
In the county of Niagara, one;
In the county of Erie, two;
In the county of Allegany, one;
In the county of Cattaraugus, one;
In the county of Chautauque, two.2

S3. In every new apportionment to be hereafter made of the memof assembly. bers of assembly, they must be apportioned among the several counties of the state, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of colour not taxed.3

When to be made.

One member

to each coun

ty.

S 4. Such an apportionment must be made by the legislature, at its first session after the return of every enumeration of the inhabitants of the state, made in pursuance of the constitution."

$5. Every county established and separately organized before the tenth day of November, in the year one thousand eight hundred and

(2) Laws of 1826, p. 335, § 1 & 2. (3) Cons. art. 1 § 7.

twenty-one, and then being one of the counties of the state, must al- TITLE 2. ways be represented by at least one member of the assembly.*

$6. No change can be made, that shall have the effect of reducing Change in the number of the inhabitants of any such county, according to the county. last state census, below the number required to entitle it to a member of the assembly, according to the existing ratio of representation.

$7. No new county can be erected, unless its population, accord- New county. ing to the return of the last state census, shall entitle it to a member.1

TITLE II.

OF THE POWERS, DUTIES AND PRIVILEGES, OF THE TWO HOUSES,
AND THEIR MEMBERS AND OFFICERS.

SEC. 1. Legislature when to assemble.

2. Powers of each house.

3. Journal to be kept.

4. Doors to be kept open.

5. Adjournments.

6. Members privileged from arrest on civil process, during their attendance.

7. Privileged in like manner for fourteen days before session, and while going and returning.

8. Further privilege after adjournment.

9. Privilege while absent with leave.

10. Officers in actual attendance privileged from arrest.

11. Members not to be questioned in any other place, for any speech in the house.

12. Each house has power to expel members, and to punish members and officers.

13. Each house has power to punish a breach of its privileges, or of the privileges of its members; cases defined in which that power is to be exercised.

14. Imprisonment when ordered by either house, shall not extend beyond same session. 15. Assembly has power of impeaching all civil officers, but a majority of all the mem

bers elected must concur.

16. Clerks of senate and assembly to give bonds.

17. Clerks to prepare indexes to journals, and to furnish to secretary of state copies of

concurrent resolutions.

$1. The legislature shall assemble at the Capitol, in the city of Time of Albany, on the first Tuesday of January, in every year."

meeting,

32. A majority of each house constitutes a quorum to do business. Quorum, &d: Each house determines the rules of its own proceedings, and is the judge of the qualifications of its own members.

$3. Each house is required to keep a journal of its proceedings, Journals: and to publish the same, except such parts, as may in its judgment, require secrecy.7

lic.

$4. The doors of each house are to be kept open, except when Sittings pubthe public welfare shall require secrecy.7

ments.

$5. Neither house can, without the consent of the other, adjourn Adjournfor more than two days."

(4) Cons. art. 1, § 7. (5) Cons. art. 1, § 14. (6) Cons. art. 1, § 3. (7) Cons. art. 1, § 4.

VOL. I.

20

TITLE 2.

Privileged

$6. Every member of the legislature shall be privileged from arrest on civil process, during his attendance at the session of the house from arrest. to which he shall belong, except on process issued in any suit, brought against him for any forfeiture, misdemeanor, or breach of trust, in any office or place of public trust held by him.8

Ib.

Ib.

Ib.

Ib. officers.

Freedom of debate.

Punishment

of members, &c.

Breach of privileges,

$7. Each member shall enjoy the like privilege, for the space of fourteen days previous to any such session, and also while going to or returning from such session, provided the time of such going or returning do not exceed fourteen days.8

$8. Each member shall enjoy the like privilege after any adjournment of the legislature, until its next meeting, when such adjournment shall not exceed fourteen days.8

$9. Each member shall enjoy the like privilege, while absent with leave of the house to which he shall belong.

$10. No officer of either house, whilst in actual attendance upon the house, shall be liable to arrest on civil process.

$11. For any speech or debate in either house of the legislature, the members shall not be questioned in any other place.9

$12. Each house has the power to expel any of its members, and to punish its members and officers for disorderly behaviour, by imprisonment; but no member shall be expelled, until the report of a committee, appointed to inquire into the facts alleged as the ground of his expulsion, shall have been made.

$ 13. Each house has the power to punish as a contempt, and by when punish- imprisonment, a breach of its privileges, or of the privileges of its members; but such power shall not hereafter be exercised, except against persons guilty of one or more of the following offences:

able.

1. The offence of arresting a member or officer of the house, in violation of his privilege from arrest, as herein before declared.

2. That of disorderly conduct in the immediate view and presence of the house, and directly tending to interrupt its proceedings.

3. That of publishing any false and malicious report of the proceedings of the house, or of the conduct of a member in his legislative capacity.

4. That of refusing to attend, or be examined as a witness, either before the house, or a committee, or before any person authorised by the house, or by a committee, to take testimony in legislative proceedings.

5. That of giving or offering a bribe to a member, or of attempting by menace, or any other corrupt means or device, directly or indirectly to control or influence a member in giving his vote, or to prevent him from giving the same.

(8) 1 R. L. 122, § 1 & 3. (9) 1 R. L. 48, § 11

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