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L. 1885, Chap. 341 – An act to provide for the publication of the session laws from seventeen hundred and seventy-seven to eighteen hundred and one, inclusive.

Secretary of state to republish laws. SECTION 1. The secretary of state is directed to republish, verbatim, preserving the original spelling and punctuation, the session laws of this state from seventeen hundred and seventy-seven to eighteen hundred and one, both inclusive. References showing when each law was amended or repealed, may be added.

Material, style, etc. § 2. The republication shall be in octavo volumes of not less than six hundred nor more than seven hundred and fifty pages each, with an index to each volume, and of a material equal in style and quality to the session laws of eighteen hundred and eighty-four.

Number to be published and how distributed. § 3. The edition shall consist of one thousand copies and shall be distributed as follows: One copy to each judicial district library; one copy to the clerk's office of each county; one copy to each justice of the supreme court, and each judge of the court of appeals; one copy to each legislative library, and each state department; two hundred copies to the trustees of the state library, for literary and scientific exchanges. The remainder shall be delivered to the trustees of the state library, and such trustees shall reserve sufficient copies for the future use of the state, and in their discretion sell the balance at a price to be fixed by them, and pay the proceeds into the treasury of the state. $6,000 appropriated. § 4. Six thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, to carry this act into effect, and the same shall be paid by the treasurer on the warrant of the comptroller in such sums and to such persons as the secretary of state shall approve. The work herein authorized shall not be begun unless it can be completed for the sum herein appropriated.

Statement on title page. § 5. The title page of each volume shall state that it was published pursuant to this act, and the same may be cited in any action or proceeding with the same force as the original edition.

L. 1888, Chap. 171 - An act to provide for the publication of the session laws of the colony of New York for the year seventeen hundred and seventy-four and seventeen hundred and seventy-five.

Secretary of state to republish laws of 1774 and 1775. SECTION 1. The secretary of state is directed to re-publish, verbatim, preserving the original spelling and punctuation, the session laws of the colony of New York, passed during the years seventeen hundred and seventy-four and seventeen hundred and seventy-five.

Style, etc. § 2. The re-publication shall be in one octavo volume, with an index, and of a material equal in size and quality to the session laws of eighteen hundred and eighty-seven.

Quantity; distribution. § 3. The edition shall consist of one thousand copies and shall be distributed as follows: Two copies to each judicial district library; one copy to the clerk's office of each county; one copy to each justice of the supreme court, and each judge of the court of appeals; two copies to each legislative library, and one to each state department; two hundred copies to the trustees of the state library, for literary and scientific exchanges, and one to each member of the legislature. The remainder shall be delivered to the trustees of the state library, and such trustees shall reserve sufficient copies for the future use of the state, and in their discretion sell the balance at a price to be fixed by them, and pay the proceeds into the treasury of the state.

Appropriation. § 4. The sum of seven hundred and fifty dollars or so much thereof as may be necessary, is hereby appropriated out of any money in the

treasury not otherwise appropriated, to carry this act into effect, and the same shall be paid by the treasurer, on the warrant of the comptroller, in such sums and to such persons as the secretary of state shall approve.

Title page; effect. § 5. The title page of the volume shall state that it was published pursuant to this act, and the same may be cited in any action or proceeding with the same force as the original edition.

L. 1888, Chap. 317 - An act to provide for the purchase and distribution of a chronological table of the statutes of the state.

Secretary of state to procure and furnish books. SECTION 1. The secretary of state is hereby authorized and required to purchase and furnish to the governor for the use of the executive chamber, the lieutenant-governor, the members of the senate and assembly, the justices of the supreme court and county judges, and the other bodies, officials and departments, excepting town clerks, who are now entitled by law to receive printed copies of the session laws, one set each, at such price as the secretary of state may deem reasonable not exceeding seven dollars per set, of “a table, chronologically arranged, of the statutes of the state of New York, amended, repealed, continued or otherwise modified or affected," prepared by Clarence F. Birdseye.

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Witnesses

before com

Of the Mode of Taking Testimony in Certain Legislative Proceedings. SEC. 1. Chairmen of committees may administer oaths to witnesses. 2. Chairman of certain committees may issue process for witnesses. 3. Such chairman may also issue commissions to examine witnesses. 4. When such commission may be issued during recess of legislature.

5. How commissions to be directed; to be accompanied by interrogatories.

6. Persons to whom such commission shall be directed, to take oath; they may issue process for witnesses.

7. Unless otherwise directed witnesses to be examined in private.

8. Witnesses to be examined on oath; their testimony to be reduced to writing. 9. Depositions to be transmitted to chairman of the committee.

10. Commission may be executed by one or more; may also be directed to one. 11. The persons by whom the commission is executed, and also the witnesses examined, to bo paid a reasonable compensation.

12. Persons desirous to take testimony in regard to contested elections may apply to a judge or recorder, etc., for process.

13. Such officer to issue a summons, directed to all such witnesses as shall be named.

14. Summons, how served.

15. Notification to adverse party, how to be issued.

16. Notification, how to be served.

17. Witnesses who shall attend, to be examined.

18. Testimony to be reduced to writing, and to be transmitted to clerk of proper house.

19. Witnesses to be entitled to same fees as in courts of record.

20. Penalty of one hundred dollars on witnesses refusing or neglecting to attend as summoned.

21. Fees of the officer for issuing summons and taking testimony.

SECTION 1. The chairman of any committee, either of the senate mittees. or assembly, or of any joint committee, shall be authorized to ad99 N. Y.,463. minister oaths to all witnesses coming before such committee for

examination.

[L. 1814, p. 24.]

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witnesses.

§ 2. Every chairman of a committee, which, by the terms of its TITLE 5. appointment, shall be authorised to send for persons and papers, Process for shall have power, under the direction of the committee, to issue compulsory process for the attendance of any witness within the state, whom the committee may wish to examine.

sion to take

§ 3. Every such chairman shall also have power, under the Commis direction of the committee, to issue a commission for the examin- testimony. ation of any witness, who shall be without the jurisdiction of the state, or if within the state, shall be unable to attend, or who shall, for special reasons, be excused by the committee from attend

ance.

recess.

§ 4. Whenever a committee shall obtain authority for that pur- Ib., during pose, from the house or legislature by which it shall be appointed, it may issue such commission to be executed during the recess of the legislature.

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How di

5. Every such commission shall be directed to such magistrates or other persons as the committee may designate; and interroga- rected, etc. tories, framed by the committee, shall be annexed thereto.

cuted.

§ 6. The persons to whom such commissions shall be directed, How exeif they reside within the state, and accept the trust, shall, before they enter on the execution of their duties, take the oath of office prescribed in the Constitution; and such commissioners shall have power to issue process to compel the attendance of the witnesses whom they shall be required to examine.

nation pri

§ 7. Unless otherwise instructed by the committee, it shall in all Ib., exami cases be the duty of the commissioners to examine in private every vate. witness attending before them, and not to make public the particulars of such examination, until the same shall be made public by order of the house or legislature appointing the committee.

be sworn.

§ 8. Every witness so attending shall be examined on oath or Witness to affirmation, and his testimony shall be reduced to writing by the commissioners, and signed by the witness.

tions to be

ted.

§ 9. When the commission shall have been duly executed, the Deposi commissioners shall annex thereto the depositions of the witnesses, transmit. duly certified by them, and shall, without delay, transmit the same, enclosed and under seal, to the chairman of the committee by which the commission shall have been issued.

execute

§ 10. Every such commission may be executed by any one or Who may more of the persons to whom the same shall be directed, and may, commisin the discretion of the committee issuing the same, be directed to a single person.

sion.

missioners

nesses.

§ 11. The persons executing any such commission, and all per- Compensa sons examined as witnesses by commissioners, or by a committee of tion to com either house, or of the legislature, shall be paid out of the treasury and wit a reasonable allowance for their services, expenses and attendance, to be fixed by the committee, and certified by the chairman thereof, and to be audited by the comptroller.

§ 12. When any person shall intend to contest the election of any Contested member of the senate or assembly, or to support any such election

In the first edition of the R. S, this word is printed "by ;" but not so, in the original, on file in the office of the secretary of state.

elections.

TITLE 5. so intended to be contested, and shall be desirous of obtaining testimony respecting any such election; he may make application to the first judge of a county, or to any judge of a county court of the degree of counsellor at law, or to the mayor or recorder of any city, for process to procure the attendance of the witnesses, whose testimony he may be desirous to obtain.

Summons for wit

nesses.

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How served.

Notification to

§ 13. The officer to whom such application shall be made, shall thereupon issue a summons, directed to all such witnesses as shall be named by such applicant, and requiring the attendance of such witnesses before him, at some convenient time and place, to be expressed in such summons, in order to be then and there examined touching such election.

§ 14. Such summons shall be served, by delivering a copy thereof to each witness named therein, a reasonable time before the day on which the attendance of such witness is required.

§ 15. Whenever any summons shall be issued as aforesaid, the other party officer issuing the same shall deliver to the applicant a notification, directed to the opposite party, and stating the object of such application, the name of the applicant, and the time and place fixed for the examination of the witnesses.

How served.

Witnesses, how examined.

Deposi

tions, how transmit

ted.

Witness's fees.

Fees of officer.

§ 16. Such notification shall be served on the opposite party, by delivering to him, or leaving at his usual place of abode, a copy thereof, a reasonable time before the day fixed for the aforesaid examination; and such examination shall not be proceeded in, without proof of the due service of such notification.

§ 17. All witnesses who shall attend, pursuant to said summons, and all other witnesses who shall be produced at the time and place aforesaid, by either of the parties, shall then and there be examined, on oath or affirmation, before the officer who issued the summons, touching all such matters and things respecting the election about to be contested, as shall be proposed by either of the parties.

§ 18. The testimony given on such examination, shall be reduced to writing by the officer taking the same, and signed by the witnesses respectively; after which, such officer shall transmit the said testimony, duly certified under his hand, together with a copy of the summons and notification issued by him, and of the proof of the service of such notification, enclosed and under seal, to the clerk of the senate, or the house of assembly, as the case may require. § 19. Every witness attending by virtue of any such summons, shall be entitled to the same fees as are allowed to witnesses in civil suits in courts of record, to be paid by the party at whose instance such witness was summoned.

[Section 20 repealed by L. 1886, ch. 593.]

§ 21. The following fees shall be allowed to the officer issuing such summons and taking such examination:

For issuing the summons, twenty-five cents;

For the notification to the opposite party, twenty-five cents;
For administering an oath or affirmation, twelve and a half cents;
For reducing the testimony of each witness to writing, ten cents
for each folio; and five cents for every copy thereof, for each folio;

For certifying the testimony and enclosing the same to the clerk TITLE 6. of the senate or assembly, twenty-five cents.

[See L. 1886, ch. 653, post.]

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L. 1875, Chap. 557 – An act in relation to the expenses of contested seats in the legislature of this state.

Unsuccessful contestant to bear his own expenses. SECTION 1. Hereafter, whenever the seat of any member of either branch of the legislature of this state shall be contested by any person claiming the right to said seat, no expense incurred by the contestant, in prosecuting his claim to the same, shall be paid by the state, unless said contestant shall be awarded said seat.

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