CHAPTER 48.-LEGISLATURE.

SECTION 1. [Certificate of members.]-The clerks of each house shall file the certificates presented by members, each for his own house, and make a roll of the members who thus appear to be elected, and the persons thus appearing to be elected members shall proceed to elect such other officers as may be required for the time being. [R. S. § 3. G. S. § 3.]

SEC. 2. [Joint committee on credentials.]-When the houses are temporarily organized they shall elect a committee of five on the part of the house and three on the part of the senate, by ballot, which committee shall examine and report upon the credentials of those claiming to be elected members of their respective houses, and when such report is made, those reported as elected shall proceed to the permanent organization of their respective houses, and each house shall be the sole judge of the election returns and qualifications of its own members. [Id. § 4.]

SEC. 3. [Oaths.]-Any member may administer oaths in the house of which he is a member, and while acting on a committee may administer oaths on the business of such committee. [Id. § 5.]

SEC. 4. [Not liable for words spoken in debate.]-No member of the legislative assembly shall be questioned in any other place for any speech or words spoken in debate in either house. [Id. § 6.]

SEC. 5. [Contempts.]-Each house of the legislative assembly has power and authority to punish as a contempt by fine or imprisonment, or either of them, the offense of knowingly arresting a member in violation of his privilege; of assaulting or threatening to assault a member, or threatening to do him any harm, in person or property, for anything said or done in either house, as a member thereof; of attempting, by menace or other corrupt means, to control or influence a member in giving his vote, or to prevent his giving it; of disorderly or contemptuous conduct, tending to disturb its proceedings; of refusing to attend, or to be sworn, or to be examined as a witness before either house or a committee, when duly summoned; of assaulting or preventing any person going to either house, or its committee, by order thereof, knowing the same; of rescuing or attempting to rescue any person arrested by order of either house, knowing such arrest; and of knowingly injuring any officer of either house in the discharge of his duties as such [Id. § 7.]

SEC. 6. [Imprisonment.]-Imprisonment for contempt of either house shall not be for more than six hours, and shall be in the jail of the county in which the legislative assembly may then be sitting, or if there be no jail, then in one of the nearest county jails. [Id. § 8.]

SEC. 7. [Fine.]-Should a fine be imposed for any offense mentioned in section seven, it shall not exceed fifty dollars. [Id. § 9.]

SEC. 8. [Same-Warrant of commitment.]-Fines and imprisonment shall be only by virtue of an order of the proper house, entered on its journals, stating the grounds therefor. Imprisonment shall be effected by a warrant, under the hand of the presiding officer, for the time being, of the house ordering it, countersigned by the clerk of the house, running in the name of the state and directed to the sheriff of the proper county and under such warrant, the officer of the house, sheriff, and jailer will be authorized to arrest and detain the person. [Id. § 10.]

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SEC. 9. Same-Collection.]-Fines shall be collected by virtue of a similar warrant, directed to any proper office of the county in which the offender has property, and executed in the same manner as executions for fines issued by courts of justice, and the proceeds shall be paid into the state treasury. [Id. § 11.]

CHAP. 48. Chap XXXI, R. S. 249. Chap. 38, G. S. 457. Secs. 1 and 2 of original chapter, abrogated by sec. 7, art. III, Const., are omitted.

SEC. 10. [Punishment no bar.]-Punishment for contempt, as in this chapter provided, is no bar to any other proceeding, civil or criminal, for the same offense. [Id. § 12.]

SEC. 11. [Officers and employees of senate.]—That the officers and employes of the senate shall consist of a president, secretary, assistant secretary, sergeantat-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes, not to exceed sixty-six in number, as may be deemed necessary for the proper transaction of business, such other officers or employes to be elected by the senate. 1885, chap. 61. [Amended 1889, chap. 86.]

SEC. 12. [Officers and employees of house.]-The officers and employes of the house of representatives shall consist of a speaker, chief clerk, assistant clerk, sergeant-at-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes, not exceeding seventy-five in number, as may be deemed necessary for the proper transaction of business. Such other officers or employes to be elected by the house. [Id.]

SEC. 13. [Officers' per diem.]-There shall be paid to each of the several officers and employees named in this act, for the official services rendered by them under the provisions of this act, the following sums, and no more: The president of the senate and speaker of the house of representatives shall each be entitled to receive the sum of three dollars per day; the secretary and chief clerk, the sum of four dollars per day; the assistant clerks, the sum of four dollars per day; the sergeant-at-arms, the sum of three dollars per day; the door-keeper, the sum of three dollars per day; the chaplains, the sum of three dollars per day; and the pages the sum of one dollar and fifty cents per day; enrolling and engrossing clerks three dollars per day.

SEC. 14. [Officers' duties.]-It shall be the duty of the president of the senate and speaker of the house of representatives to preside over their respective houses, to keep and maintain order during the sessions thereof, and to do and perform the duties devolving on them by general parliamentary usage, and the rules adopted by the two houses. It shall be the duty of the chief clerk of the house of representatives, and the secretary of the senate, to attend the sessions of the respective houses, to call the rolls, read the journals, bills, memorials, resolutions, petitions, and all other papers or documents necessary to be read in either house, to keep a correct journal of the proceedings in each house, and to do and perform such other duties as may be imposed upon them by the two houses, or either of them. The assistant clerk and assistant secretary shall be under the control and direction of the chief clerk and secretary respectively, and shall assist them in the proper discharge of their duties, and shall do and perform such other services as may be directed by the two houses, or either of them. It shall be the duty of the sergeant-at-arms to enforce the attendance of absent members, when directed properly so to do, to arrest all members or other persons, when lawfully authorized so to do, to keep and preserve order during the session of each house, to convey to the postoffice the mail matter sent by the respective members, and to receive from the said office the mail matter for the said members, and to deliver the same to them on each morning of the session; to obey and enforce the orders of the presiding officers, and to do and perform such other duties as may be enjoined on them by law and the respective houses. It shall be the duty of the door-keepers to prepare and keep in order the senate chamber and hall of the house, including cleaning and warming the same; to attend to and keep closed the door and bar of the respective houses, unless otherwise directed by the presiding officers thereof; and to do and perform such other duties as may be enjoined on them by either house. It shall be the duty of the engrossing clerk to correctly engross such bills as may be required to be engrossed by the committee on engrossed and enrolled bills, and to perform such other duties as may be required by either house. It shall be the duty of the enrolling clerk to correctly and neatly enroll all such bills as may be placed in his hands therefor, and to perform such other duties as may be enjoined on him by either house. It shall be the duty of the chaplains to open the sessions of each house with prayer, and to perform such other duties as may be imposed on

them. And it shall be the duty of the pages to act under and as directed by the presiding officers of the respective houses. It shall also be the duty of the sergeant-at-arms to procure a national flag, and to place the same on the top of the capitol building, there to be kept during the time each or either of the two houses shall be in session, and after the adjournment of the two houses the said flag shall be taken down and kept down until the opening of the session of one of the two houses.

SEC. 15. [Proposals for printing.]—The auditing board for state printing, consisting of the secretary of state, auditor of public accounts, and state treasurer, shall within thirty days after the adjournment of each session of the legislature receive proosals from the daily newspapers of the state for one publication in said paper of a statement to be prepared by the auditor of public accounts as hereinafter provided. [1877, § 1, 157.]

SEC. 16. [Contract.]—The said board of audit shall award the contract to one of the three daily papers having the largest daily circulation in the state, the same to be ascertained by the affidavit of the publishers thereof, and from such other reliable information as said board may be able to obtain. [Id. § 2.]

SEC. 17. [Auditor to prepare statements.]-After said award has been made as aforesaid, the auditor of public accounts shall prepare, or cause to be prepared, a certified statement of all appropriations whatever made by the last session of the legislature, and also a full statement of the expenses of said legislative session, specifying the amount of each item, and to whom and for what paid. [Id. § 3.]

SEC. 18. [Expenses.]-The expenses incurred by virtue of the provisions of this act shall be audited and paid in the manner now provided by law for the payment of other state printing. [Id. § 4.]

SECS. 15-18. "An act to provide for preparing and publishing a full statement of moneys expended at each session of the legislature." Laws 1877, 157. Took effect June 1, 1877.

CHAPTER 49.—LIBRARIES.

SECTION. 1. [Establishment-Taxes.]-The city or town council of each incorporated city or town shall have power to establish and maintain a public library and reading room for use of the inhabitants of such city or town, and may levy a tax of not more than one mill on the dollar annually, to be levied and collected in like manner as other taxes of said city or town, and to be known as the library fund. [1877, § 1, 150.]

SEC. 2. [Directors.]—When any city or town council shall have decided by ordinance to establish and maintain a public library and reading room under this act, they shall elect a library board of nine directors, to be chosen from the citizens at large, of which board neither the mayor or any member of the city or town council shall be a member. Such directors, first elected, shall hold their office, three for the term of one year, three for the term of two years, and three for the term of three years, from the first day of July following their appointment, and three directors shall be chosen annually thereafter, and in cases of vacancies by resignation, removal, or otherwise, the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any services rendered as a member of such board, and such directors shall give such bond as the council may require.

SEC. 3. [Same-Powers-Duties.]-Such directors shall, immediately after their appointment, meet and organize, by electing one of their number president and such other officers as may be necessary. Five of such board shall be a quorum. They shall have power to make and adopt such by-laws, rules, and regulations for their own guidance, and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city or town council, and not inconsistent with this act. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund, and of the renting or construction of any library building, the supervision, care, and custody of the grounds, rooms, or buildings, constructed, leased, or set apart for that purpose.

SEC. 4. [Funds.]-Any tax levied or collected, or funds donated thereto, shall be kept for the use of such library separate and apart from other funds of said city or town, and shall be drawn upon by the proper officers upon the authenticated vouchers of the library board, and shall not be used or disbursed for any other purpose.

SEC. 5. [Board-Powers-Rules.]-The library board shall have power to purchase or lease grounds; to erect, lease, or occupy an appropriate building, for the use of such library; to appoint a suitable librarian and assistants, to fix their compensation, and to remove their appointments at pleasure; and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation, and to maintain its usefulness and efficiency, and to fix and impose by general rules, penalties, and forfeitures, for trespasses, or injury upon or to the library grounds, rooms, books, or other property, or failure to return any book, or for violation of any by-law or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room.

SEC. 6. [Library free.]—Every library and reading room established under this act, shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulations as the library board may adopt to render said library and reading room of the greatest use to the inhabitants of said city or town, and the board may exclude from the use of the library and reading rooms, any person

CHAP. 49. "A bill for an act to authorize towns and cities to establish and maintain free public libraries and reading rooms." Laws 1877, 150. Took effect June 1, 1877.

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who shall wilfully violate or refuse to comply with rules and regulations established for the government thereof.

SEC. 7. [Report of board.]-The library board shall, on or before the second Monday in June in each year, make a report to the city or town council, of the condition of their trust on the first day of June in such year, showing all moneys received or expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department; the number of books and periodicals ordered by purchase, gift, or obtained during the year, and the number lost or missing; the number of visitors attending; the number of and character of books loaned or issued, with such statistics, information, and suggestions, as they may deem of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper officers of said board.

SEC. 8. [Regulations amended.]—Any by-law or regulation established by the library board, may be amended or annulled by the council of said city or town.

SEC. 9. [Penalties, how recovered.]-Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before the police judge, or any justice of the peace, or other court having jurisdiction; such action to be instituted in the name of the "library board of the city or town library," and moneys collected in such action shall be forthwith placed in the city treasury to the credit of the library fund.

SEC. 10. [Donations.]-Any person may make any donation of money or lands for the benefit of such library, and the title to property so donated may be made to and shall vest in the library board, and their successors in office, and such board shall thereby become the owners thereof in trust to the uses of the public library of such city or

town.

SEC. 11. [Exemptions.]-The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public property.

SEC. 12. [Deposits of reading matter by owners.]-The library board shall have power to authorize any circulating library, reading matter, or work of art, of any private person, association, or corporation, to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of such fee or membership as the person, corporation, or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or other reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked, and kept upon shelves apart from the books of the public city or town library, and every such private or associate library, or other property so deposited in any public library, while so placed or remaining shall be subject to use and reading within the library room without charge by any person, an inhabitant of said city or town, and entitled to the use of the free library.