mail and shall be a county charge. Such slips shall be kept on file in the office of such clerks, arranged in the order in which they were passed. Such clerks shall not be entitled to any fee or compensation for filing such slips or keeping the same on file in their respective offices. (As amended by chap. 132 of 1893, § 1, and chap. 138 of 1894, § 1, and chap. 259 of 1896, § 1.) ARTICLE III. LEGISLATIVE COMMITTEES; TESTIMONY IN LEGISLATIVE PRO CEEDINGS. SECTION 60. Testimony before legislative committees. 61. Subcommittees. 62. Witnesses fees. 63. Expenses of committees. 65. Expenses of unsuccessful contestant. SECTION 60. Testimony before legislative committees.—A legislative committee may require the the* attendance of witnesses in this state, whom the committee may wish to examine, or may issue a commission for the examination of witnesses who are out of the state, or unable to attend the committee, or excused from attendance, which commission, if directed by the house or legislature by which the committee is appointed, may be executed during the recess of the legislature. A commission, issued as provided by this section, shall be in the form used in the courts of record of this state, and shall be executed in like manner. Unless otherwise instructed by the committee appointing them, the commissioners shall examine privately every witness attending before them, and shall not make public the particulars of such examination. § 61. Subcommittees. Whenever any standing committee of either house of the legislature shall be required to make an inquiry or investigation, such committee may appoint a subcommittee of not less that three of its own members to make such inquiry or investigation, and to take testimony in relation thereto; and such committee or subcommittee and the chairman thereof shall respectively have all the powers and authority, which are conferred by law upon any committee which is au*So in the original. Legislative Committees; Testimony in Legislative Proceedings. §§ 62-64 thorized to send for persons or papers, or upon the chairman thereof. § 62. Witnesses fees.-Any person attending as a witness. under the provisions of the last two sections shall receive the same fees as are allowed witnesses in civil actions in courts of record. Such fees need not be prepaid, but the comptroller upon the certificate of the chairman of the committee, and proof by affidavit or otherwise that the same is due, shall draw his warrant for the payment of the amount thereof. § 63. Expenses of committees.-Whenever by resolution of either house, a committee duly appointed by it, shall be directed to conduct an investigation or take testimony in any other place than the city of Albany, the comptroller shall draw his warrant for the payment of the actual and necessary expenses of the committee or subcommittee having in charge such investigation, inquiry or taking of testimony, and of the officers and employes authorized to accompany them, upon the rendition of an itemized bill of such expenses certified by the chairman of the committee, and approved by the presiding officer of the house, by which the committee was appointed, and upon proof by affidavit or other. wise that the same is due. 64. Contested elections. Upon the application of any person desirous of obtaining testimony respecting the election of a member of either house, for the purpose of contesting an election, or resisting a contest thereof, any county judge of the county, or justice of the supreme court of the district, or the mayor or recorder of a city in which the member or applicant shall reside, may require the attendance of persons named by the applicant, at a specified time and place, to be examined respecting such election; and shall, at the same time, issue a notice to the opposite party of the time, place and object of such examination. The notice shall be served in the same manner as a notice of motion in a court of record. At the time appointed for the examination, upon proof of the due service of such notice, the witnesses who shall attend or who shall be produced by either party, shall be examined under oath before such officer, respecting such matters relating to the election about to be contested, as shall be proposed by either party. The testimony given upon such examination shall be reduced to writing, signed by the witnesses respectively, certified by the officer before whom it was taken, and with the subpoena, notice and proof of the service thereof, shall be sent by him under seal to the clerk of the house to which the election pertains. A witness attending before such officer, by virtue of a subpoena, shall receive 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. 8 65. Expenses of unsuccessful contestant.-When the seat of any member of the legislature shall be contested, no expense incurred by the contestant, in prosecuting his claim, shall be paid by the state, unless such seat be awarded to the contestant. ARTICLE IV. LEGISLATIVE PRINTING AND BINDING SECTION 70. Definition of legislative printing. 71. Proposals for printing session laws. 72. Prosposals for other legislative printing. 73. Printing legislative journals. 74. Printing bills. 75. Printing messages and reports. 76. Extra copies of messages and reports. 77. Extra copies of legislative documents. 78. Repealed. 79. Legislative binding. 80. Laws repealed. 81. When to take effect. § 70. Definition of legislative printing.-The legislative printing shall include the printing of the slips of the session laws and the state edition thereof, and all the bills, journals and documents of the senate and assembly, and such extra copies thereof as may be ordered pursuant to law for the use of the legislature or state officers or state departments, or state institutions or societies which are required by law to make reports to the legis lature, including the edition of the annual report of the superintendent of insurance, of the superintendent of banks and of the board of railroad commissioners. 8 71. Proposals for printing session laws.-The secretary of state and comptroller shall, on or before the first day of April in each year, give at least twenty days' notice in at least two newspapers published in the city of Albany, that on or before a specified day they will receive sealed proposals for the printing and delivery at the office of the secretary of state, within three days after a copy thereof shall have been furnished of the slips of the Legislative Printing and Binding. § 71 session laws in such number as the secretary of the state shall order; and for the printing and the publishing for the use of the state of two thousand five hundred copies, or such additional number as the legislature by concurrent resolution may order of the session laws with the indexes thereto, and such other matters as are required to be published therewith, the work to be done in the city of Albany in the same style of execution as to type and paper as heretofore furnished. The notice may invite proposals for the printing separately of such laws passed at any session of the legislature as the secretary of state may deem to be general laws, within forty days after the adjournment of the legislature, and the remainder of the laws to be printed separately within ten days after the time limited for the completion of the printing of the general laws, or for the printing or publishing continuously in one or more volumes of all the laws so passed within twenty days after the secretary of state shall have furnished the copy therefor, and of the terms upon which copies of the session laws will be furnished to the public, after the completion and delivery of the state edition to the binder, as directed by the secretary of state, and of the places in the cities of Albany and of New York where the same will be kept on sale. To every such bid there shall be annexed the guaranty of a guarantor of sufficient ability, that the person making such bid will, if the same is accepted, enter into a contract according to the terms thereof, and give the security required within the time specified in the notice, and to every such guaranty a certificate shall be annexed of the county judge where the guarantor resides, that the guarantor is a freeholder and able to make good his guaranty. Upon receiving such proposals, the secretary of state and comptroller shall enter into a contract with the person or persons who make the lowest bid and furnish security of not less than ten thousand dollars, approved by them, and they may discriminate in favor of such bid as they deem most favorable to the state and to the public, as to price, time and manner of execution, or may reject all the bids, if deemed unfavorable or disadvantageous and advertise anew for such work. The secretary of state, after the execution of the contract, may direct the session laws to be printed or published in two or more volumes, if they can not conveniently be printed or published in one volume. Upon the failure or non-performance of the terms of the contract as entered into, the comptroller shall withhold payment from the contractor for printing and publishing there. under, and shall enforce payment of the penalty in the bond, which shall be recoverable as liquidated damages in any action by the people. (As amended by chap. 732 of 1894.) § 72. Proposals for other legislative printing.—The secretary of state, the attorney-general and comptroller shall, on or before the first day of May, eighteen hundred and ninety-three and on or before the first day of May in each alternate year thereafter, give notice in two public newspapers of different politics, published in each of the cities of Albany, Troy, New York, Syracuse, Rochester and Buffalo, that they will, thirty days after the publication of such notice, and on a day named therein, receive sealed proposals for the whole of the printing and other work provided to be done under this article, except the printing of the session laws and slips, and such other work as is required to be done under the direction of the secretary of state, for two years commencing on the first day of October next thereafter, to be performed in the manner to be prescribed in such notice, at the expiration of which time they shall open the said proposals and enter into a contract with such person or firm as shall make the lowest offer or offers as ascertained from a computation of the number of copies called for by the contract on the basis of the number of ems of composition, pages printed and other work done of the character covered by the contract during the preceding year. All work contracted to be done on order at the option of the state shall be considered in ascertaining the lowest bid on the basis of the amount of such work done in the preceding year. The number of ems of composition, pages printed and amount of work done of the various kinds covered by the contract during the preceding year shall be published in the notice for proposals. Such person or firm shall give security to the people of the state of New York, to the satisfaction of the secretary of state, attorney-general and comptroller, for the faithful performance of his or their contracts, which shall be made and continued in force for two years, commencing on the first day of October next after the opening of the bids. Such officers shall have the right to reject any proposal or proposals where there shall appear to be collusion between the bidders to the disadvantage of the state, and to readvertise for proposals for the same, until advantageous and satisfactory proposals shall be received, and shall so readvertise when |