Take effect, when. Monday of December, in the year one thousand eight hundred and sixty-two; and said legislative assembly shall meet annually thereafter on the first Monday in December. SECT. 2. This act shall take effect and be in force from and after its passage. Approved April 21, 1862. W. JAYNE, Governor. Meet, when. No officer liable to arrest on civil process, when. May punish for contempt in what cases. CHAPTER 56. AN ACT TO DESIGNATE THE TIME OF THE MEETING OF Be it enacted by the Legislative Assembly of the Territory of SECTION 1. The regular annual session of the legislative assembly shall commence on the first Monday of December in each year. SECT. 2. No officer of the council or house of representatives, while in actual attendance upon the duties of his office, shall be liable to arrest upon civil process. SECT. 3. Each house may punish, as a contempt, by imprisonment, a breach of its privileges by its members; but only for one or more of the following offences, to wit: 1. The offence of arresting a member or officer of the house, or procuring such member or officer to be arrested, in violation of his privileges from arrest. 2. That of disorderly conduct in the immediate view of the house, and directly tending to interrupt its proceedings. 3. That of refusing to attend to be examined as a witness, either before the house, or a committee, or before any person authorized by the house, or a committee, to take testimony in legislative proceedings. 4. That of giving or offering a bribe to a member, or of attempting, by menace, or other corrupt means, or device, directly or indirectly, to control or influence a member in giving his vote, or to prevent his giving the same; but the term of imprisonment, which such house may impose for any contempt speci fied in this section, shall not extend beyond the same session of the legislature. Person guilty of contempt. SECT. 4. Every person who shall be guilty of any contempt specified in the preceding section, shall, also, be deemed Penalty. guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars, or both such fine and imprisonment, at the discretion of the court. minister oath of office. SECT. 5. The speaker of the house of representatives and Who may adthe president of the council, the governor, attorney-general, or any of the judges of the supreme court, are hereby authorized to administer the oath of office to the members and officers of the respective houses. SECT. 6. Any member of the council or house of representatives, while acting as a committee of the house of which he is a member, shall have authority to administer oaths to such persons as shall be examined before the committee of which he is a member. Any member of committee may do same. Houses may judge of rights of SECT. 7. In case the right of any person to a seat in either house of the legislative assembly, shall be contested, members to seats, the right of such person to a seat as aforesaid, shall be determined by the house in which he claims such seat as a member; and such house shall, in all cases, be the judge of the qualification of its members. SECT. 8. The officers of the council shall consist of a president (who shall be a member of said body), a secretary and assistant secretary, an engrossing clerk and an enrolling elerk, a sergeant-at-arms (who shall also perform the office of doorkeeper), a messenger and a fireman. Officers of the council. house. SECT. 9. The officers of the house of representatives shall officers of the consist of a speaker (who shall be a member of said body), a chief clerk, an assistant clerk, an engrossing clerk, an enrolling clerk, a sergeant-at-arms (who shall also perform the duties of doorkeeper), a messenger, and a fireman. how and when. SECT. 10. The said officers shall be elected, viva voce, by Officers elected, the members of each house respectively, at such time, after the meeting of said house, as the members thereof shall see proper; but neither house shall transact any business other than the election or appointment of officers, until said officers are elected or appointed pro tem, on motion. SECT. 11. It shall be the duty of the secretary of the Duties of secre tary and clerk. Proviso. Same. Same. Secretary and clerk to remain in office until council and chief clerk of the house of representatives, to keep correct journals of the proceedings of their respective houses, to have the custody of all records, accounts, and other papers committed to them, and at the close of each session of the legislative assembly, shall deposit for safe keeping in the office of the secretary of the territory, all books, bills, documents, resolutions, and papers in the possession of the legislature, correctly labelled, folded, and classified, and generally to perform such duties as shall be assigned them by their respective houses: Provided, The journals of the two houses need not be deposited as above provided until the expiration of forty days after the adjournment of the legislative assembly. SECT. 12. It shall be the duty of the secretary of the council and the chief clerk of the house, at the close of each session, to prepare for the press and superintend the publication of the journals of the proceedings of their respective houses, and to affix an index thereto; and to transcribe into a book kept for that purpose, the documents accompanying the message of the governor, or by him sent to either house, other than those entered on the journal, or the documents reported to either branch of the legislative assembly by any public officer of the territory, in pursuance of law, for which service they shall be allowed such compensation as the legislature shall from time to time determine; but in no event to be less than their regular pay per diem, for the time actually employed in performing said labor. SECT. 13. It shall be the duty of the said secretary and chief clerk, at the opening of every session of the legislative assembly, to make a correct roll of the members of their houses, respectively, to whom certificates of election have been issued by the proper officers, which certificates shall be filed by said secretary and chief clerk. SECT. 14. In all cases, the said secretary and chief clerk, serving at the close of a session, shall remain in office until and call houses to the organization of the next regular annual session of the next session, order. legislature, and at twelve o'clock, meridian, on the day appointed by law for the meeting of the legislative assembly, the said secretary and chief clerk, or in the absence of either, then some member or other person appointed by the members present, shall call the members of their respective houses so of officers. enrolled to order, when the members may proceed to the election of the necessary officers. The term of office of all Term of office officers of the council and house of representatives, shall expire with the close of the session at which they were elected. how certified. SECT. 15. The compensation prescribed by law for the Compensation, officers of the council shall be certified by the president thereof, and attested by the secretary: and the compensation that may be due to the officers of the house of representatives, shall be certified by the speaker thereof, and attested by the chief clerk, which said certificate, when made out as aforesaid, shall be sufficient evidence to the secretary of the territory of each person's claim. Officers may be removed, how. SECT. 16. It shall be competent at any time during a session of the legislative assembly, for either house, by a vote of a majority, to remove from office any of the officers provided for in this act; but in case of the removal of any officer by either house, his place shall be supplied by an election, viva voce; and in all elections under the provisions of this act for officers of either house of the legislative assembly, Majority elect. it shall require a majority of all the votes cast to determine a choice. SECT. 17. There shall be allowed to the presiding officers Pay of officers. of each house three dollars per diem extra, and to each of the officers provided for by this act, for the council and house of representatives, three dollars per diem during the session of the legislative assembly. SECT. 18. Either house may, by resolution, request the opinion of the supreme court, or any one or more of the judges thereof, upon a given subject, and it shall be the duty of such court or judges, when so requested, respectively, to give such opinion in writing. Houses may of request opinions supreme court. when. SECT. 19. This act to take effect from and after its pas-Take effect, sage. Approved May 7, 1862. W. JAYNE, Governor. MARKS AND BRANDS. Registered record, what marks and brands. If person shall use mark of an use his own mark mals. Penalty. CHAPTER 57. AN ACT TO PROVIDE FOR THE RECORDING OF THE MARKS Be it enacted by the Legislative Assembly of the Territory of SECTION 1. It shall be the duty of the register of deeds of each county, upon application of any person residing in such county, to record a description of the marks or brands, with which such person may be desirous of marking his horses, cattle, sheep, or hogs; but the same mark or brand shall not be recorded for more than one resident of the same county. SECT. 2. If any person shall wilfully mark any of his other. Penalty. horses, cattle, sheep, or hogs, with the same mark or brand previously recorded by any resident of the same county, and while the same mark shall be used by such resident, the person so offending shall forfeit for every such offence the sum of five dollars, to be recovered before any justice of the peace If person shall of such county. If any person shall wilfully mark or brand on another's ani- the cattle, horses, sheep, or hogs of any other person with his own mark or brand, the person so offending shall forfeit, for every such offence, not less than ten nor more than fifty dollars, to be recovered before any justice of the peace of the proper county; and if any person shall wilfully destroy or alter any mark or brand upon any horse, cattle, sheep, or hogs belonging to another, the person so offending shall, upon conviction thereof, before any justice of the peace of the county in which the offence is committed, forfeit and pay for every such offence a sum not less than ten nor more than fifty dollars, and shall, moreover, pay to the party injured double damages. . |