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FORM OF SUBPOENA.
The following form of subpoena is applicable to all cases where an investigation has been ordered by the Assembly, and power granted to send for persons and papers; if the investigation has been intrusted to a joint committee, a slight variation of this form will render it applicable to the case:
Sir. In pursuance of a resolution of the Assembly adopted of which the following is a copy: On motion of Mr.
Resolved (insert the resolution).
You are hereby notified to attend before said committee in the city of Albany, on the 18.., at
o'clock .M., there to give such information, touching the subject of inquiry, as your possession.
may be in
And you are hereby further directed to bring with you before said committee, and such other documents in your custody as may be required in the investigation of the said subject.
By order of the committee.
The committee may authorize any citizen of suitable age and discretion to serve the subpoenas, though that duty is usually performed by the Sergeant-at-Arms or his assistant. A list of the witnesses should be delivered to the person sɔ authorized, with an order directing him to summon the witnesses and make due return thereof. following forms will suffice for this purpose:
Sir. In pursuance of a resolution of the Assembly, of which the following is a copy (insert copy of resolution), you will
serve upon each of the persons, named in the notices hereto attached, a copy of such notice, or leave the same at his residence or usual place of business, with some person of suitable age or discretion, and make due return to me of what you shall do in the premises.
By order of the Committee of Investigation.
A copy of the subpoena, with the name of each person inserted, should be attached to this order. The following is a suitable form of return:
Sir. In obedience to your order, hereto attached, I have served upon the persons named in the notice to appear therein directed.
The times and manner of serving such notices were as follows:
Date when served.
Manner of service.
Personally appeared before me this
who, being duly sworn, deposes and says that the foregoing is a true return.
Chairman of Committee of Investigation.
Should the person notified refuse to appear and be sworn, or should he refuse, after being sworn, to answer any question put to him by the committee touching the matter to be investigated, it is a contempt of the House and should be so reported to the House by the com mittee.
The House may thereby cause the arrest of the offender, and after hearing his excuse adjudge such punishment, by fine or imprisonment, or both, as it shall deem proper.
Witnesses summoned in pursuance of a resolution of the House are entitled to compensation for their services. This is paid by the Treasurer, on the warrant of the Comptroller. The accounts are audited by the committee, and a certificate in the following form is signed by the Chairman, upon the authority of which the Comptroller draws his warrant:
I certify that, in pursuance of the foregoing resolution, was duly summoned to attend before the committee of the Assembly, appointed in accordance therewith, and that he appeared and gave testimony in the matter embraced in the resolution. I further certify that this witness resides at county, distance miles from the Capitol, and that the lawful allowance for his service, expenses and attendance, as fixed by the committee (pursuant to section 62 of chapter 682 of the Laws of 1892), is as follows:
miles travel, coming and returning, at per mile.
INDEX TO THE LEGISLATIVE LAW.
Adjournment, certain officers to remain after.
Arrest, exemption of members and officers from
Bill, evidence of, when becomes a law.
Bills, to be drafted by persons appointed by Speaker
Books purchased by either house, limited.
Clerk's Manual, revised annually.
Clerks of each house, duties of.
Clerks of each house to give undertaking.
Committees, legislative, attendance of witnesses before. 60
Concurrent resolution, to be certified by presiding
Extra sessions, compensation of officers and employees.
Certificate of expenses of witness.
Certificate of service of subpoena.
Governor, certificate of, when bill becomes a law.
Laws, session, statement in, as to passage of law.
Laws, session, to be published in volumes.
Laws, time of taking effect..
Legislative committees, attendance of witnesses before.
Legislative committees, sub-committees of.
Legislative committees, witness fees.
Legislative documents, custody of.
Legislative expenses, limitation of.
List of members and officers.
Members and officers, exemption from arrest.
Officers and employees, compensation during extra ses-
Officers, certain, to attend opening of session
President of Senate, detail of officers for special duty by
President of Senate, to designate certain officers to at-
President of Senate, to designate certain officers to re-
Secretary of State, duties of, relative to laws.
Seats, contest for.
Secretary of State, certificate of, when bill becomes a
Secretary of State, deposit of laws with.
Session laws, statement in, as to passage of law
Session laws to be published in volumes..
Session, opening of, attendance of certain officers.
Speaker to designate certain officers to attend opening