tions shall receive the same fees as are allowed witnesses in civil actions in courts of record. Such fees need not be prepaid, but the Comptroller, upon the certificate of the chairman of the committee, and proof by affidavit or otherwise that the same is due, shall draw his warrant for the payment of the amount thereof.

§ 63. Expenses of Committee. Whenever, by resolution of either House, a committee duly appointed by it, shall be directed to conduct an investigation or take testimony in any other place than the city of Albany, the Comptroller shall draw his warrant for the payment of the actual and necessary expenses of the committee or sub-committee having in charge such investigation, inquiry or taking of testimony, and of the officers and employes authorized to accompany them, upon the rendition of an itemized bill of such expenses, certified by the chairman of the committee and approved by the presiding officer of the House, by which the committe was appointed, and upon proof, by affidavit or otherwise, that the same is due.

PROCEEDINGS PRELIMINARY TO CONTESTED Seats. (Extract from chapter 682, Laws of 1892.)

§ 64. Contested Elections.-Upon the application of any person desirous of obtaining testimony respecting the election of a member of

either House, for the purpose of contesting an election, or resisting a contest thereof, any county judge of the county, or justice of the Supreme Court of the district, or the mayor or recorder of a city in which the member or applicant shall reside, may require the attendance of persons named by the applicant, at a specified time and place, to be examined respecting such election ; and shall, at the same time, issue a notice to the opposite party of the time, place and object of such examination. The notice shall be served in the same manner as a notice of motion in a court of record. At the time appointed for the examination, upon proof of the due service of such notice, the witnesses who shall attend or who shall be produced by either party, shall be examined under oath before such officer, respecting such matters relating to the election about to be contested, as shall be proposed by either party. The testimony given upon such examination shall be reduced to writing, signed by the witnesses respectively, certified by the officer before whom it was taken, and with the subpoena, notice and proof of the service thereof, shall be sent by him under seal to the Clerk of the House to which the election pertains.

A witness attending before such officer, by virtue of a subpoena, shall receive the same fees as are allowed to witnesses in civil suits in courts

of record, to be paid by the party at whose instance such witness was summoned.

§ 65. Expenses of Unsuccessful Contestant When the seat of any member of the Legislature shall be contested, no expense incurred by the contestant, in prosecuting his claim, shall be paid by the State, unless such seat be awarded to the contestant.

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:

To......

ASSEMBLY CHAMBER,
ALBANY,

18...

}

.....

Sir-In pursuance of a resolution of the Assembly adopted...., of which the following is a copy:

tee at

You are hereby notified to attend before said commitin the city of Albany, on ...., the .... day of ...., 18.., at .... o'clock.. M., there to give such information, touching the subject of inquiry, as may be in your possession.

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.

Chairman.

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 so authorized, with an order directing him to summon the witnesses and make due return thereof. The following forms will suffice for this purpose:

To......:

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 persons 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.

Chairman.

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 notices to appear as therein directed.

The times and manner of serving such notices were as follows:

Names

Date when served.

Manner of service.

Signed.

Personally appeared before me this

day of

.....

18.., ... 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 committee.

The House may thereupon 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: