« AnteriorContinuar »
5th, on canals; 6th, on roads and bridges; 7th, on literature; 8th, on the state prisons; 9th, on banks and insurance companies; 10th, on the division of counties and towns; 11th, on agriculture; 12th, on manufactures; 13th, on privileges and elections; 14th, on enrolled bills; 15th, on Indian affairs; 16th, on expiring laws, to report such as have expired, or are near expiring, and what new laws they may conceive necessary. The committee of enrollment shall examine all bills, amendments, and resolutions, before they go out of possession of the senate, and make report when they find them correctly engrossed. And it shall be the duty of that committee, or any one of them, to present such bills as shall have originated in the senate, and been passed by both houses, to the governor, and to report the fact to the senate, which report shall be entered on the journals,
24th. When an amendment to the constitution, or any bill requiring the concurrence of two-thirds of the senators, is under consideration, the concurrence of twothirds shall not be requisite to decide any question for amendments, or extending to the merits, being short of the final question.
25th. The question on the final passage of all bills which, by the constitution, require the assent of twothirds of the senators, and of all amendments to the constitution, requiring such assent, shall be taken on a division, and entered on the journals; and unless twentytwo members vote in the affirmative, the bill or amendment shall be declared lost; and whenever such bill or amendment shall receive the assent of two-thirds, as aforesaid, the president shall certify the fact upon
the said bill or amendment; and he shall certify the passage of all other bills.
26th. On a motion made and seconded to shut the doors of the senate, on the discussion of any business which may, in the opinion of any member, require secrecy, the president shall direct all persons, excepting the members and clerk of the senate, to withdraw; and during the discussion of said motion, the doors shall remain shut; and every member and officer of the senate shall keep secret all such matters, proceedings, and things, whereof secrecy shall be enjoined by order of the senate.
27th. Whenever the senate shall go into the consideration of executive business, the president shall direct the gallery to be cleared, and the doors to be closed; and the proceedings of the senate, in such business, shall be kept in a separate journal, which shall not be inspected by any others than members of the senate, until the end of the then meeting of the legislature, at which time the same shall be public, and the clerk of the senate may thereafter furnish extracts from the same at the request of any citizen.
28th. When nominations to office shall be made by the governor, a future day for taking them into consideration, shall be assigned, unless the senate unanimously direct otherwise.
29th. All information and remarks by any senator .concerning the character or qualifications of any person nominated to office by the governor, shall be kept secret.
30th. When a bill originated in the assembly shall have been lost therc, neither the same, or any other bill on the same subject, and containing similar provisions, shall be subsequently introduced into the senate, during the same session, unless by unanimous consent.
31st. No person is to be admitted within the bar of the senate, except the governor, the present and former chancellors and judges of the supreme court, the circuit judges, present and former members of congress and of the legislature of this state, the comptroller, the treasurcr, the secretary, the attorney-general, the surveyor-general, the governor's private and military secretary, the adjutant-general, the officers of the senate and assembly, and such reporters as the president shall permit.
32d. None but members shall be allowed to take any books or stationary belonging to the senate, from their chamber; and on taking books, the members shall furnish to the clerk a list of those taken, and his name, and shall be responsible for them. And the clerk shall take care that once in each week the books provided for the use of the senate, shall be placed in order, according to some fixed arrangements; and he shall make report to the president of such books as are missing,
33d. The President shall cause the clerk of the senate to make a list of all bills, resolutions, reports of committees, and other proceedings of this house which are committed to a committee of the whole senate, and which are not made the order of the day for any particular day, which list shall be called “the general orders of the day."
34th. When the senate has proceeded to the general orders of the day, no other business shall be in order, until the general orders shall have been disposed of, by laying them upon the table, or postponing them.
35th. All the unfinished business of the preceding day shall have preference to any other.
36th. No standing rule or order of the senate shall be rescinded, suspended, or changed, without one day's notice being given of the motion therefor; and no motion to that effect, shall be in order, without such notice. And no alteration or suspension of any rule shall take place without the assent of two-thirds of the senators present.
January 19, 1825.
RULES OF THE COURT
TRIAL OF IMPEACHMENTS,
CORRECTION OF ERRORS. Proposed by His Honor Chancellor Kent, and adopted at
the city of Albany, the 18th of September, 1818.
1. The plaintiff in error shall cause the writ of error, with the transcript of the judgment or proceedings on which the writ of error is founded, to be returned pursuant to the directions of the statute, or lose the benefit of the said writ, unless this court shall see cause to allow such plaintiff a further day for that purpose.
2. If the plaintiff in error shall allege diminution of the record, it shall be done on the day the writ of error shall be returned, or within eight days thereafter, and shall thereupon apply to the clerk of this court for a certiorari to certify the diminution alleged, which the clerk shall issue of course and without special order, which certiorari the plaintiff in error shall cause to be duly returned within twelve days, or shall lose the benefit thereof, unless this court shall see cause to allow a further day for that purpose.
3. That the plaintiff in error, on the day the writ of error shall be returned, with the transcript of the record or proceedings, if diminution shall not be alleged, and if diminution shall be alleged, then on the return day of the certiorari, shall assign errors and file the same with the clerk, or in default thereof the plaintiff in error shall lose the benefit of the writ, unless this court shall see cause to allow further time for that purpose; and the defendant in error may thereupon, on motion, obtain an order that such writ of error be dismissed with costs to be taxed.
4. That when the plaintiff in error shall have filed an assignment of errors with the clerk of this court, an order may be thereupon entered by the plaintiff in error as of course, for the defendant to join in error in eight days after the service of a copy thereof, or be precluded: and
if the defendant in error shall not comply with the said order, he shall be precluded from joining in error, and the plaintiff in error may take judgment by default.
5. That in every cause upon a writ of error, the plaintiff in error shall make a case for the use of this court, on the argument thereof, and furnish to each member of this court a printed copy of such case, on or before the day of hearing, or in default thereof the plaintiff in error shall not be heard in support of the errors assigned.
6. The case to be made and printed upon a writ of error, shall consist of the record or proceeding upon which the writ is brought, and the errors assigned, to which each party may add briefly the points or reasons upon which they intend to rely in argument.
7. That in cases of appeals, the petition of appeal addressed to this court shall be filed in the office of the register or assistant register, with whom the decree, or order appealed from, shall have been enfered; which petition, when filed in the recess of this court, shall pray that the decree, decretal, or other order appealed from, may be sent to this court on the first day of the next session thereof, and when filed during the sitting of this court, the same shall pray that the decree, decretal, or other order appealed from, may be sent to this court without delay.
8. That in every such petition of appeal, it shall be sufficient to set forth the decree, decretal, or other order appealed from, without reciting the pleadings in the cause, and stating that the said decree, decretal, or other order, so appealed from, or some part thereof, (specifying what part or parts) is erroneous, and that the same ought to be reversed or modified, as the case may be.
9. That the officer of the court of chancery, with whom such petition of appeal shall be filed, shall make and annex to the said petition of appeal the decree, decretal, or other order appealed from, and such other orders as may be required to be returned to this court, without any of the pleadings, proofs and exhibits in the cause; and in case the cause had been set down for hearing and heard prior to the decree or order appealed from, then he shall cause to be annexed also a copy of the min