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In the county of Herkimer, two.
In the county of Jefferson, three.
In the county of Kings, seven.
In the county of Lewis, one.
In the county of Livingston, two.
In the county of Madison, two.
In the county of Monroe, three.

In the county of Montgomery, one.

In the city and county of New York, seven

teen.

In the county of Niagara, two.
In the county of Oneida, four.
In the county of Onondaga, three.
In the county of Ontario, two.
In the county of Orange, two.

In the county of Orleans, one,
In the county of Oswego, three.
In the county of Otsego, two.
In the county of Putnam, one.
In the county of Queens, two.
In the county of Rensselaer, three.
In the county of Richmond, one.
In the county of Rockland, one.
In the county of St. Lawrence, three.
In the county of Saratoga, two.
In the county of Schenectady, one.
In the county of Schoharie, one.
In the county of Schuyler, one.
In the county of Seneca, one.

In the county of Steuben, three.
In the county of Suffolk, two.
In the county of Sullivan, one.
In the county of Tioga, one.
In the county of Tompkins, one.
In the county of Ulster, three.
In the county of Warren, one.
In the county of Washington, two.
In the county of Wayne, two.
In the county of Westchester, three.
In the county of Wyoming, one.

In the county of Yates, one.

1 R. S., 308, § 2, amended; Laws of 1857, ch. 337,
§ 1.

are

[blocks in formation]

the

§ 34. The remaining legislative officers chosen by each house as prescribed by Constitution. When the lieutenant-governor acts as governor, or is absent from the senate, it must choose a temporary president from its own body, to serve during his disability or absence. In case it devolves upon such temporary president to act as governor, the senate must choose from its own body another person to preside.

1 R. S., 309, §§ 6, 7.

other legis

lative off.

cers.

ARTICLE II.

GENERAL PROVISIONS RELATING TO LEGISLATIVE OFFICERS.

SECTION 35. Legislative officer's privilege from arrest.

36. Power of legislature to punish for offenses.
37. Compensation of clerks, &c.

Legislative officer's

privilege

SECTION 38. Certificate of amount of compensation of legislative officers. 39. Supplies.

40. Clerks to account to comptroller.

41. Limitation on certain expenses.

42. Clerk's bond.

43. Clerk's duties.

§ 35. Every member and every officer of either

from arrest. house, is privileged from arrest in civil actions, while attending upon its sessions, and every member is thus privileged for fourteen days previous and subsequent to each session, and while absent, during the session, with leave of the house. But this privilege does not exempt him from arrest in an action for a forfeiture, misdemeanor, or breach of trust in any office or public employment.

Power of legislature to punish

§ 36. Each house may punish, by imprisonment, for offenses as for a contempt, the following offenses, and no others:

1. The arrest of any of its members or officers, in violation of the last section, in which case it may also discharge the person arrested;

2. Disorderly conduct in the immediate view and presence of the house, tending to interrupt its proceedings, or impair the respect due to its authority;

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

4. The giving or offering of 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 the house of which he is a member.

5. Neglect to attend or to be examined as a witness, when duly required to give testimony in legislative proceedings.

But no imprisonment by either house shall extend beyond the same session of the legislature.

tion of

clerks &c.

§ 37. The compensation of the several officers Compensa of the two houses shall be the following, beyond which no allowance or other compensation shall be paid to any of them for any service whatever, viz.:

To the clerk of each house, twelve hundred dollars per annum, payable on the adjournment of the legislature, and fifty dollars for attending the opening of the next legislature;

To each of the assistant clerks, not exceeding three in the senate, and four in the assembly, six hundred dollars;

To the sergeant-at-arms and door-keeper of each house, and to the librarian of the assembly, and to one assistant to each of them, the same compensation and mileage as to a member of the legislature;

To each of the messengers of either house, not

Certificate

of amount

of compensation of legislative officers.

Supplies.

exceeding three for the senate and ten for the assembly, one dollar for each day's actual attendance in the performance of his duties.

§ 38. The compensation of the members of the legislature, and of the officers of the two houses, shall be paid upon the certificate of the presiding officer of the house to which the member or officer belongs; and if the compensation depend upon the number of days' attendance, or if mileage be allowed, the certificate shall state the estimated distance of the place of meeting from the residence of the member or officer, and the number of days' attendance, including the time after his arrival at the place of meeting, or on his way thither, during which he is prevented by illness from attending.

39. The clerk of each house shall furnish its members, officers and reporters with stationery, writing materials, and newspapers, not exceeding in the aggregate amount thirty dollars for each person. These may be furnished by the clerk, by his giving to the persons entitled thereto written orders on the publishers or venders of the newspapers designated by such person, or upon any stationer or bookseller designated by such person, for the articles to be supplied; such orders returned to the clerk, accompanied by the certificate of the person in whose favor it was drawn, that he had received such articles, shall be a sufficient voucher

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