shall be entitled to mileage for traveling to and from their respective courts, at the rate of ten cents for every mile, to be computed according to the nearest practicable route.

COMPENSATION OF THE LEGISLATURE.

8. The pay and mileage of members of the legislature shall be four dollars a day during the session, and ten cents for every mile they shall travel in going to and returning from the place of meeting by the most direct route. And the president of the senate and speaker of the house of delegates shall each receive an additional compensation of two dollars per day for each day they shall act as presiding officers.

9. Any member of the legislature taken so sick after his election and before starting to the place of meeting, or on his journey thereto, or during the session, as to be unable to reach the place of meeting, or to sit in the house of which he is a member, shall receive pay for every day of the session which he is so unable to attend.

10. If a member of either house be absent from the service thereof without leave, except as provided in the next preceding section, the house of which he is a member may, by order or resolution, direct such absence to be entered on their journal, and that he receive no pay for the time he was so absent.

COMPENSATION OF OFFICERS AND EMPLOYES OF THE LEGISLATURE.

11. The officers and employes of the legislature mentioned in this section shall, respectively receive pay as follows, for each day during the session, that is to say: The clerk of the senate ten dollars; the assistant clerk six dollars; the sergeant-at-arms, five dollars; the doorkeeper four dollars; the committee clerks, four dollars each; and the pages two dollars each. The clerk of the house of delegates ten dollars; the assistant clerks six dollars. each; the sergeant-at-arms five dollars; the doorkeeper four dollars; the committee clerks four dollars each; and the page two dollars each. But no mileage or extra compensation shall be allowed to any of the foregoing officers or employes except as provided in the next succeeding section.

12. Each sergeant-at-arms shall be allowed one dollar for every arrest, and one dollar and fifty cents for every day he detains the person arrested in custody, by virtue of any order or process of the senate or house of delegates; but if the person arrested be discharged the same day, only the fee for the arrest shall be charged. For summoning a witness or serving a notice each sergeant-at-arms shall be entitled to a fee of fifty cents. For the travel of himself or messenger to execute any order or process, he shall be entitled to five cents per mile going and the same returning. Witnesses summoned before the legislature or any committee thereof, shall receive the same per diem and mileage to which witnesses are entitled in the

circuit courts.

HOW SALARIES AND OTHER EXPENSES ARE PAYABLE.

13. The salaries mentioned in this chapter shall be paid out of the treasury quarterly, after being duly audited. The other expenses and allowances, in general, shall be payable when the service or travel has been performed, or the article delivered. But members of the legislature and others traveling to the seat of government, who would be entitled to mileage for traveling home, may receive the mileage last mentioned before going home.

ACTS REPEALED.

2, All acts and parts of acts coming within the purview of this act, and inconsistent therewith, are hereby repealed.

CHAPTER XII.

(Acts 1882, p. 215.)

OF THE LRGISLATURE-ITS MEMBERS, OFFICERS AND PROCEEDINGS.
OFFICERS OF THE LEGISLATURE.

1. Each house of the legislature shall, at the commencement of each regular session thereof, elect a clerk, a sergeant-at-arms and a doorkeeper. The terms of the office of the clerks of the senate and house of delegates shall, unless they are sooner removed, be and continue until the next regular meeting of the legislature, and until their successors are elected and qualified. The president of the senate and speaker of the house of delegates shall, as soon as practicable after their election, appoint for their respective houses such numder of committee clerks and pages as each house may by resolution direct, and may, for any of the causes mentioned in chapter seven of this code, remove any person so appointed, and appoint another in his stead. Provided, that nothing in this section shall be construed to prevent either house from removing any such committee clerks or pages.

JANITOR.

2. The governor shall, at the commencement of his term, or as soon thereafter as practicable, appoint a janitor, whose duty it shall be to properly guard and take care of the capitol building and grounds, together with all the apartments therein, or connected therewith, and to have the same kept clean and comfortable. He shall, during the sessions of the legislature, under direction of the president of the senate and speaker of the house of delegates, have charge of the halls and committee rooms of the two houses, and keep the same properly cleaned, warmed and in good order, and shall do and perform such other duties in relation thereto as either house or the governor may require. He shall hold his office for the same term as the governor, and until his successor is appointed and qualified. He may be removed from office by the governor for misconduct, incompetency, neglect of duty or gross immorality. A vacancy in said office shall be filled by the governor for the unexpired

term.

VACANCY IN OFFICE OF CLERK OF SENATE AND HOUSE OF DELEGATES.

3. Vacancies in office of the clerk of the senate and house of delegates, happening when the legislature is not in session, shall be filled by appointment by the governor, to expire at the meeting of the next session of the legislature. If any such vacancy happen when the legislature is in session, it shall be filled in the same manner as is provided for the election of such officer at the commencement of each regular session.

FLAG TO BE RAISED WHILE EITHER HOUSE IS IN SESSION.

4. While either house is in session, the flag of the union shall be kept suspended over the place of session.

PRIVILEGES OF MEMBERS.

5. Any suit may be commenced and prosecuted against a member of the legislature, if his person be not taken into custody or imprisoned. But no trial shall be had or judgment rendered in any such suit, nor shall any execution or attachment be levied upon the property of such member during the sessions of the legislature and for one day for every twenty miles he is necessarily compelled to travel in going to and returning from such session.

COMPELLING THE ATTENDANCE OF MEMBERS.

6. Either house, or a less number than a quorum thereof, when assembled at the time and place of meeting, may, by order or resolution, direct such of its members as are absent without leave to be brought before the house. The order or resolution shall be executed by the sergeant-at-arms, or any messengers deputed by him, or appointed for the purpose by the officer presiding at the meeting; and a copy of such order or resolution, attested by the presiding officer or clerk, shall be a sufficient warrant. The sergeant or messengers shall thereupon forthwith arrest the members so absent, and bring them before the meeting; and each of them, as he is brought in, shall be heard, if he wishes it, in excuse of his absence. If any member so brought in do not render such an excuse for his absence as the house, or such of its members as are present, shall deem sufficient, he may be fined not exceeding six dollars, censured, or discharged from custody, as the house or such of its members as are present, shall order; and in either case shall pay the costs of the arrest. If the excuse be deemed sufficient, the costs of the arrest shall be certified by the presiding officer or clerk, and be paid out of the appropriation for the expenses of the legislature.

PROCURING TESTIMONY IN LEGISLATIVE PROCEEDINGS.

7. When the senate or house of delegates, or a committee of either house, authorized to examine witnesses, or to send for persons and papers, shall order the attendance of any witness or the production of any paper as evidence, a summons shall be issued accordingly,

signed by the presiding officer or clerk of such house, or the chairman of said committee, directed to the sheriff or other proper officer of any county, or to the sergeant-at-arms of such house, or any person deputed by him. And when served, obedience thereto may be enforced, by attachment, fine or imprisonment, at the discretion of the house which appointed the committee; and if the committee be authorized to sit during the recess of the legislature or the recess of the house which appointed the committee, then obedience to the summons may be enforced by said committee as aforesaid. And when a committee is appointed by each house under any joint or concurrent resolution, and directed to sit jointly, with authority to examine witnesses or send for persons and papers, the summons aforesaid may be signed by the chairman of the committee on the part of the senate or the chairman of the committee on the part of the house of delegates; and obedience thereto may be. enforced as aforesaid by the house which appointed the committee, which directed the summons to be issued; and if such committees be authorized to sit during the recess of the legislature, then obedience to the summons aforesaid may be enforced as aforesaid by the committee which directed the summons to be issued.

ADMINISTERING OATHS IN LEGISLATIVE PROCEEDINGS.

8. The presiding officer or clerk of either house may administer the oaths of office to any member or officer of such house, and the oath to any witness to be examined before such house or its committee, or before any joint committee. When any committee of either house, or joint committee, is authorized to examine witnesses, or to send for persons and papers, the chairman of such committee, or in his absence any member thereof, may administer the oath to any witness produced to testify before it.

APPROPRIATIONS.

9. No money shall be appropriated by resolution of either house, or by joint resolution of the legislature; but when any money has been appropriated by law, the application of the same in pursuance of the law, may be directed by resolution.

NOTICE REQUIRED OF APPLICATION FOR CERTAIN SPECIAL ACTS.

10. Whoever intends to apply to the legislature for the passage of an act to incorporate a city, town, or village, containing a population of two thousand or more, or to amend the charter of any such city, town or village, shall publish a notice of such application at least once in each week for four successive weeks before the application is presented, in a newspaper printed in the bounds of said proposed city, town or village, if the application be to incorporate the same, or within the corporate limits thereof if it be to amend the charter of such city, town or village; or if there be none printed therein, then in some newspaper printed in the county, or one of the

counties, affected thereby; or if there be none printed in such county, then in a newspaper printed at the seat of government.

11. With every such application as is mentioned in the next preceding section, there shall be submitted to the legislature satisfactory evidence that the notice has been published as herein prescribed.

CONCERNING THE DUTIES OF THE OFFICERS OF THE TWO HOUSES.

12. The officers of each house shall respectively have such powers and perform such duties as are conferred upon or required of them by law, or by the rules or orders of their respective houses.

13. The journals, papers and documents of each house shall be in the custody of its clerk, and copies certified by him shall be evidence in like manner as the originals.

14. The clerk of the house of delegates shall be the keeper of the rolls. After a bill or joint resolution has passed both houses, he shall cause the same to be correctly recorded, in a fair and distinct hand, in a well bound book to be kept for that purpose exclusively, which recording shall be equivalent to enrollment. He shall have the custody of the acts and joint resolutions of the legislature and shall make a copy of them for any person requiring the same, and such copy being certified by him shall be evidence in like manner as the original. For a copy of an act or joint resolution he may demand of the person at whose request it was made fifty cents, or at his option three cents for every thirty words contained therein.

15. As soon as possible after the close of each session, he shall prepare a well arranged index to the acts and joint resolutions passed at such session, and shall furnish to the public printer, the manuscript of such acts, resolutions and index and all matter directed by law to be printed therewith, properly prepared and arranged for publication, and shall superintend the printing thereof.

16. The clerk of the senate and house of delegates shall each, at the end of every session of the legislature prepare indexes to their respective journals, and cause them to be printed and bound therewith. As a compensation therefor, the per diem of said clerks shall be extended ten days after the adjournment of the legislature.

FEES FOR COPYING, &C.

17. For any copying or recording, other than that mentioned in the fourteenth section of this chapter, and such as he is required to do for the legislature, or either house, or a committee thereof, in the discharge of his official duty, the clerk of either house may demand and receive of and from the person at whose request it is done, a fee at the rate of ten cents per hundred words, or fifty cents in all, at his option.

ASSISTANT CLERKS.

18. Whenever it may be necessary, the clerk of the senate may appoint one, and the clerk of the house of delegates not exceeding three, competent assistants, and may from time to time remove such