to the clerk, and from him to the comptroller, of the delivery thereof. The clerk shall also, under the direction and subject to the approval of the comptroller, purchase such furniture as may be necessary for the house of which he is clerk, including the Legislative Manual, pay the postage of the letters, papers and documents sent or received by members, and the expenses of transmitting the journals and documents of the two houses to members and officers. Laws of 1859, ch. 1. § 40. The clerk of each house shall, at the end of each month during the sessions, account to the comptroller for all moneys received up to that time; and, within ten days of the close of the session, shall file with the comptroller an abstract, in such form and containing such particulars as the comptroller shall direct, of all newspapers ordered by him for the members, and of all other expenditures by him, with the vouchers therefor; and shall give him satisfactory evidence that the expenditures were reasonable. on certain expenses. § 41. All payments made pursuant to this arti- Limitation cle shall be made out of the general fund, and there shall be no appropriation for a contingent fund for the legislature or for either house. Neither house shall, without the consent of the other, order to be printed more than four thousand Clerk's bond, Clerk's duties. copies of any paper; or the purchase of any books, the aggregate amount of which shall exceed one hundred dollars; or appoint any committee of its own members or others at the public expense, except in case of contested elections; or incur any expense whatever, except as provided in this article, and except the reasonable expense of witnesses and commissioners to take testimony when required, as provided in this Code. § 42. The clerk of each house, before entering upon his office, shall execute a bond to the people, with such security as the comptroller shall approve, conditioned for the faithful performance of all the duties of his office, and accounting for all moneys that may come to his hands by virtue thereof. § 43. The clerk of each house shall keep a true record of all its proceedings, and take charge of and keep on file all documents of that house, or presented to it, and prepare indexes to the journals and documents, and deliver to the secretary of state, duly certified, an engrossed copy of all acts and joint resolutions which originated in the house of which he is clerk. But either house may authorize title-deeds or other original documents, belonging to any person, to be delivered to him. ARTICLE III. 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, except that the testimony shall be private, unless otherwise ordered by the legislature, or the house appointing the committee. Power of committees to subpoena and ex amine witnesses. ings in contest of § 45. Upon the application of any person desi- Proceedrous to obtain testimony respecting the election of elections. 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 Service of process; returning of testi mony. 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 enclosed under seal to the clerk of the house to which the election pertains. ARTICLE IV. ENACTMENT OF STATUTES. SECTION 47. Notice of applications for statutes. 49. Certificate of mode of passage. Notice of § 47. All persons intending to apply to the leg application for statutes. islature: 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; or 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 sixth 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 |