returning from the place where the legislature shall sit, to the place of such member's residence, but such time of coming or returning, shall not exceed fourteen days.

II. And be it further enacted by the authority aforesaid, That where any plaintiff or plaintiffs shall, by reason or occasion of any privilege of either house of the legislature, be stayed or prevented from prosecuting any suit by him, her or them commenced, such plaintiff or plaintiffs shall not be barred by any statute of limitation, or nonsuited, dismissed, nor his, her or their suit discontinued for want of prosecution of the suit, by him, her or them begun; but may, after the time aforesaid, be at liberty to proceed to judgment and execution thereupon, as aforesaid.

III. And whereas, it is just and reasonable, that persons employed in offices and places of public trust, should at all times be accountable for any misdemeanors therein, and the public justice of the state requireth a vigorous prosecution of such offenders; Therefore, Be it further enacted by the authority aforesaid, That any action or suit shall and may be commenced, and prosecuted in any court of record in this state, against any officer or person intrusted or employed in the revenue of this state, or any part or branch thereof, or in any other office or place of public trust, for any forfeiture, misdemeanor or breach of trust, of, in or relating to such office or place of trust, or any penalty imposed by law to enforce the due execution thereof; and that no such action, suit, or any other process, proceeding, judgment or execution thereupon, although such offi cer or person shall be a member of the senate or assembly, shall be impeached, stayed or delayed, by or under colour or pretence of any privilege of either house of the legislature.

R. Laros, vol. 2, P. 191.

Passed February 25, 1813.

[W. v. 4. 634.-Sess. 29. c. 181.]

1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That if any person shall promise, offer, or give to any member of the council of revision, council of appointment, or any commissioner of the land office, or member elect of the senate or assembly of this state, or any member who hath qualified and taken his seat in the said senate or assembly, any money, goods, chattels, chose in action, or other property, with intent to influence his vote on any question brought or to be brought before the said councils, board of commissioners, senate or assembly, such person shall be deemed guilty of a high misdemeanor, and shall on conviction thereof be fined in a sum not exceeding five thousand dollars, or imprisoned in the state-prison at hard labor, for a term not exceeding ten years, or both, in the discretion of the court.

II. And be it further enacted, That if any such member of the said councils, board of commissioners, senate or assembly, shall give his vote on any question brought as aforesaid, in consequence of such corrupt promise or promises, offer or offers, gift or gifts, such member shall be deemed guilty of a high misdemeanor, and shall, on conviction thereof, be fined and imprisoned as aforesaid, and also be for ever disqualified from holding a seat in the legislature, or any office of honor, profit, or trust in this state.

III. And be it further enacted, That it shall be the du ty of the attorney-general to cause all persons already in. dicted, or who may be hereafter indicted for corrupting, or attempting to corrupt any such member of the legislature, or of the councils or board of commissioners aforesaid, to be brought to trial, and to attend in person to the execution of the duties required of him by this act.

SECTION 5.

QUORUM.

A majority of the members is a quorum.-9th Sec. Const. of N. Y.

In general, the chair is not to be taken by the Speaker, till a quorum for business is present; unless after due waiting, such a quorum be despaired of, when the chair may be taken and the House adjourned. And whenever during business, it is observed that a quorum is not present, any member may call for the house to be counted and, being found deficient, business is suspended.

Upon the appearance of a quorum the Speaker shall take the chair, and the members shall be called to order. -Rules of Assembly 1.

Immediately after the Speaker shall have taken the chair, the minutes of the preceding day shall be read by the Clerk, to the end, that any mistakes therein may be corrected by the House.-R. of A. 2.

SECTION 6.

CALL OF THE HOUSE.

ON a call of the IIouse, each person rises up as he is called, and answereth. The absentees are then only noted, but no excuse to be made till the House be fully called over. Then the absentees are called a second time, and if still absent, excuses are to be heard. Ord. H. Com. 92.

They rise that their persons may be recognized; the voice, in such a crowd being an insufficient verification of their presence. But in so small a body as the Senate of the United States, the trouble of rising cannot be necessary. Orders for calls on different days may subsist at the same time. 2. Hats. 72.

SECTION 7.

ABSENCE.

NO member, after having appeared and been sworn, can with propriety, absent himself from the House during the hours of business, without leave first asked and obtained from the House; unless he have a reasonable excuse therefor, as illness, or other urgent business, &c.

The Speaker, under the direction of the House, may send the Sergeant at Arms of the House, for any such member, absenting himself from the House during the hours of business.

SECTION 8.

SPEAKER.

HE is chosen by ballot; the Clerk of the preceding session superintends the proceedings in organizing the new House, till the Speaker is placed in the chair. The Speaker is conducted to the chair, immediately after his election, by a committee of two members appointed by the House, under a nomination by the acting Clerk.

His Powers and Duty are various.

The Speaker shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the House.-R. of 4. 3.

The Speaker shall not vote in any case, unless the House shall be equally divided.-R. of A. 4.

This rule applies only when the Speaker is actually in the chair. When the House is in committee of the whole, the Speaker addresses the chair on the matter, and votes as any other member.

When the House adjourns, the members shall keep their seats until the Speaker leaves the chair.-R. of A. 5. Every member, previous to his speaking, shall rise from his seat, and address himself to the Speaker.-R. of A. 6. When two or more members rise at once, the Speaker shall name the member who is first to speak.-R. of A. 7. When a motion is seconded, it must be stated by the Speaker before debate.-R. of A. 9.

Then and then only is it in possession of the House. -R. of A. 10.

In forming a committee of the whole House, the Speaker shall leave the chair, and a chairman shall be appointed to preside.-R. of A. 24.

The House never resolves itself into a committee of the whole, on more than three bills or subjects at once; when so resolved into a committee of the whole, the Speaker says, "Mr. will please to take the chair"—the chairmau thus appointed, comes to the chair, the Speaker rises, delivers him the bills, &c. and informs him the house have thus resolved itself into committee of the whole, &c. he does not resume the chair, until the committee of the whole have resolved to rise and report upon all the three differ ent subjects. Then the Speaker takes his seat, and the chairman reports the proceedings in committee of the whole, and the Speaker repeats the same report to the House, where the same are, or are not agreed to.

When a bill passes the House, the Speaker shall certify the same, with the date thereof, at the foot of the bill.-R. of A. 28.

In the absence of a quorum, the Speaker may adjourn the House until the next sitting day; or if in committee of the whole, the committee may rise and report progress.-R. of A. 33.

On the meeting of the House, after the reading of the journal, the presentation of petitions shall be first in order, and it shall be the duty of the Speaker to call for the same..-R. of A. 41.

The Speaker may assign places for stenographers. R. of A. 38.

He nominates all the standing committees and all select committees of the House, and takes the sense of the House on such nominations.

Under the direction of the House, he may send the Sergeant at Arms after members that have qualified, and absent themselves without leave.

The Speaker signs his name to all addresses of the Honorable the Assembly, to his Excellency the Governor, and reads thro' and delivers the same to him, accompanied by, and in presence of the members of the Assembly.