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Powers and Duties of Public Officers.

ARTICLE III.

POWERS AND DUTIES OF PUBLIC OFFICERS.

SECTION 40. Official seals of court of appeals and state officers. 41. Business in public offices on public holidays.

42. Payment of expenses of public officers.

43. Laws repealed.

44. When to take effect.

S$ 40-44

SECTION 40. Official seals of court of appeals and state officers.-The seal of the court of appeals and of the second division of the court of appeals and of each state officer authorized to use an official seal, shall be of metal with the device of the arms of the state surrounded with the inscription, State of New York, and the name of the court or official designation of the officer. The seal of each of such courts, the privy seal of the governor, and the seal of the secretary of state, comptroller, treasurer, state engineer and surveyor, the adjutant general, and of each of the other state officers at the capital, required to have an official shall be two and one-quarter inches in diameter, and of each other state officer authorized to have an official seal, shall be one and three-quarters inches in diameter. Such seal heretofore provided by the secretary of state shall continue to be used by such courts and officers, and when defective from wear or otherwise, shall be delivered to the secretary of state who shall cause them to be repaired and returned, or to be defaced with a suitable mark, or deposited with the ancient seals in the state library, and new seals to be provided for use instead.

§ 41. Business in public offices on public holidays.—Holidays and half holidays shall be considered as Sunday for all purposes relating to the transaction of business in the public offices of the state, and of each county.

§ 42. Payment of expenses of public officers.-Every public officer who is not allowed any compensation for his services shall be paid his actual expenses necessarily incurred in the discharge of his official duties.

43. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed.

44. When to take effect.-This chapter shall take effect on October 1, 1892.

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CHAPTER VIII

OF THE GENERAL LAWS.

[CHAP. 682 OF 1892.]

THE LEGISLATIVE LAW.

ARTICLE I. Members, officers and employes of the legislature (§§ 1-23).
II. The enactment and publication of laws (§§ 40-49).

III. Legislative committees; testimony in legislative proceedings

(§§ 60-65).

IV. Legislative printing and binding (§§ 70-81).

ARTICLE I.

MEMBERS, OFFICERS AND EMPLOYES OF THE LEGISLATURE.

SECTION 1. Short title.

2. Exemption of members and officers from arrest.

3. Expulsion of members.

4. Contempts of either house.

5. Payment of salaries of members.

6. Officers and employes of the senate.

7. Officers and employes of the assembly.

8. Appointments to be entered on journals.
9. Stenographers to special committees.

10. Compensation of officers and employes.

11. Compensation during extra sessions and impeachment trials.

12. Attendance of officers of each session at opening of next session.

13. Officers remaining after adjournment.

14. Undertaking of clerk of each house.

15. Duties of clerks.

16. Supplies furnished by clerks.

17. Accountability of clerk to comptroller.

18. Duties of postmasters and assistants.

19. Duties of stenographers.

20. Detail of officers and employes for special duties.

21. Limitation of legislative expenses.

22. Custody of legislative papers and documents.

22. Appropriation bills, how referred.

23. Duties of commissioners of statutory revision.

SECTION 1. Short title. This chapter shall be known as the legislative law.

§ 2. Exemption of members and officers from arrest.—A

Members, Officers and Employes of the Legislature.

§§ 3-6

member of the legislature shall be privileged from arrest in a civil action or proceeding other than for a forfeiture or breach of trust in public office or employment, while attending upon its session, and for fourteen days before and after each session, or while absent for not more than fourteen days during the session with the leave of the house of which he is a member.

An officer of either house shall be privileged from arrest in such a civil action or proceeding while in actual attendance upon the house. Either house shall have the power to discharge from arrest any of its members or officers arrested in violation of his privilege from arrest.

§ 3. Expulsion of members.-Each house has the power to expel any of its members after the report of a committee to inquire into the charges against him, shall have been made.

4. Contempts of either house.-Each house may punish by imprisonment not extending beyond the same session of the legis lature, as for a contempt, for the following offenses only:

1. Arresting a member or officer of either house in violation of his privilege from arrest ;

2. Disorderly conduct of its members, officers or others in the immediate view and presence of the house, tending to interrupt its proceedings;

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

4. Giving or offering 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 meetings of the house of which he is a member;

5. Neglect to attend or to be examined as a witness before the house, when duly required to give testimony in a legislative proceeding.

5. Payment of salaries of members.-The salary of a member of the legislature shall be payable during the session, from time to time, at the rate of ten dollars per day, at any time during the session, for the number of days then expired, not exceeding in the aggregate twelve hundred dollars, before the final adjournment of the legislature. The balance of such salary shall be payable at the final adjournment of the legislature.

§ 6. Officers and employes of the senate. The president of the amd 1901 c.467 senate may appoint a clerk, a stenographer and a messenger, to

be known as the president's clerk, the president's stenographer

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