ARTICLE V.

COMPENSATION OF MEMBERS, OFFICERS, AND EMPLOYEES OF THE LEGISLATURE.

§ 266. § 267. $268.

$ 269.

Per diem and mileage of members of legislature.
Per diem, etc., of speaker.

Compensation of other officers and employees.
of officers and attaches of the senate.]
Compensation for services after close of session.

[Salaries

§ 266. PER DIEM AND MILEAGE OF MEMBERS OF LEGISLATURE. Members of the legislature shall receive the sum of one thousand dollars as compensation for services during each regular session, payable as follows: Ten dollars per day payable weekly during such regular session until one thousand dollars is paid. In the event of final adjournment before the said one thousand dollars is paid, then the balance shall be immediately payable. For each special or extraordinary session they shall receive ten dollars per day for a term not exceeding thirty days, payable weekly. Members shall receive for each regular, special or extraordinary session ten cents per mile for each mile of travel to and from their residences and the place of holding the session.

History: Enacted March 12, 1872; amended April 1, 1878, Code Amdts. 1877-8, p. 5: April 9, 1880, Code Amdts. 1880 (Pol. pt.), p. 48; amended March 21, 1907, Stats. and Amdts. 1907, p. 847, Kerr's Stats. and Amdts. 1906-7, p. 20; January 11, 1909, Stats, and Amdts. 1909, p. 1. In effect immediately.

See Kerr's Cyc. Pol. C. for 2 pars. annotation.

78 C. 270, 272, 20 P. 572, 573 (applied).

As to constitutional provision regarding mileage, see Const. 1879, art. IV, § 23; Hen. G. L. p. lxxii.

The speaker of

§ 267. PER DIEM, ETC., OF SPEAKER. the assembly shall receive the sum of ten dollars per diem during the session of the legislature, and the same mileage

and sum for contingent expenses as members of the legislature.

History: Enacted March 12, 1872; amended April 1, 1878, Code Amdts. 1877-8, p. 5; April 23, 1880, Code Amdts. 1880 (Pol. pt.), p. 87.

§ 268. COMPENSATION OF OTHER OFFICERS AND EMPLOYEES. [SALARIES OF OFFICERS AND ATTACHES of THE SENATE.] There shall be paid to the officers and employees of the senate the following salaries: To the secretary, ten dollars per day; to the sergeant-at-arms, eight dollars per day, to one assistant secretary, who shall be clerk of the committee on printing, nine dollars per day, to the assistant secretaries, minute clerk, assistant minute clerks, journal clerk, engrossing and enrolling clerk, and history clerk, each, six dollars per day; to the assistant sergeantat-arms, bookkeeper to sergeant-at-arms, assistant journal clerks, assistant engrossing and enrolling clerks, assistant history clerk, and assistant at desk, each five dollars per day; to the chaplain, four dollars per day; to the stenographers, each, five dollars per day; to the bill clerks, committee clerks, excepting the one clerk of the judiciary committee and one clerk of the finance committee, shall receive each six dollars per day; postmaster, assistant postmaster, bill filers, cloakroom clerk, and press mailing clerks, each four dollars per day; to the mail-carriers, gatekeepers, doorkeepers, messengers to the printer, porters, watchman, and janitress to the ladies' cloakroom, each, three dollars per day; to each page two dollars and fifty cents per day.

[Salaries of officers and attaches of assembly.] There shall be paid to the officers and employees of the assembly the following salaries: To the clerk, ten dollars per day; to the sergeant-at-arms, eight dollars per day; to one assistant clerk, who shall be clerk of the committee on public printing, nine dollars per day; to the assistant clerks, minute clerk, assistant minute clerks, journal clerk, engrossing and enrolling clerk, file clerk, and history clerk, each, six dollars per day; to the assistant sergeant-at-arms, bookkeeper to sergeant-at

arms, clerk to the sergeant-at-arms, assistant journal clerk, assistant engrossing and enrolling clerks, and stenographers, each, five dollars per day; to the committee clerks, except that one clerk of the ways and means committee and one clerk of the judiciary committee shall each receive six dollars per day, chaplain, bill clerk, assistant bill clerks, postmaster, assistant postmaster, bill filers, engineer, and electrician, each, four dollars per day; to the mail carrier, gatekeepers, doorkeepers, messengers to the printer, porters, elevator attendant, fireman, sergeant-at-arms for the ways and means committee, sergeant-at-arms for the judiciary committee, janitress and watchman, each, three dollars per day; to each page, two dollars and fifty cents per day.

History: Enacted March 12, 1872; amended March 31, 1876, Code Amdts. 1875-6, p. 9; January 27, 1891, Stats. and Amdts. 1891, p. 2; February 25, 1897, Stats. and Amdts. 1897, p. 25; January 30, 1899, Stats. and Amdts. 1899, p. 3; April 16, 1909, Stats. and Amdts. 1909, p. 971.

See Kerr's Cyc. Pol. C. for 2 pars. annotation.

77 C. 473, 475, 11 A. S. 297, 19 P. 878 (cited and construed). See Const. 1879, art. IV, §§ 31, 32; Hen. G. L. p. lxxv.

§ 269. COMPENSATION FOR SERVICES AFTER CLOSE OF SESSION. For services performed under the provisions of section two hundred and sixty-one of this code, each of the officers therein named receive a compensation of fifty dollars.

History: Enacted March 12, 1872.

ARTICLE VI.

CONTESTING ELECTIONS FOR MEMBERS OF THE

LEGISLATURE.

Statement of cause of contesting election.

Commission to take testimony.

Notice to person interested, by whom served.

Compelling attendance of witnesses.

Testimony, how taken.

$ 274.

§ 275.

§ 276.

$277.

§ 278.

§ 279.

§ 280.

Fees of officers.

§ 281.

§ 282.

§ 283.

Vacancy in commission, how filled.

Testimony to be transmitted to secretary of state. Duties of secretary.

Depositions.

Further evidence may be taken.

§ 273. WHO MAY CONTEST. The right of any person declared elected to a seat in the senate or assembly may be contested by any qualified voter of the county or district to be represented by such senator or assemblyman.

History: Enacted March 12, 1872, re-enactment of § 75 Act March 23, 1850, Stats. 1850, p. 108.

§ 274. STATEMENT OF CAUSE OF CONTESTING ELECTION. The person contesting such election must, within twenty days after the certificate of election is issued, file with the clerk of the county, or one of the counties in which the alleged cause of contest originated, a statement of the grounds of contest, verified by his oath.

History: Enacted March 12, 1872; re-enactment of § 76 Act March 23, 1850, Stats. 1850, p. 108; amended March 30, 1874, Code Amdts. 1873-4, p. 4.

§ 275. COMMISSION TO TAKE TESTIMONY. On the filing of such statement the clerk must issue a commission, directed to two justices of the peace of his county, to meet at a time and place specified in the commission, not less than twenty nor more than thirty days from the date thereof, for

the purpose of taking the depositions of such witnesses as the parties to the contest may wish to examine.

History: Enacted March 12, 1872.

§ 276. NOTICE TO PERSON INTERESTED, BY WHOM SERVED. Written notice of such contest, specifying the time and place of taking depositions, and a copy of the statement, certified by the clerk, must be delivered to the person whose election is contested, or if he cannot be found, left at the house where he last resided, by the sheriff of the county in which such person claims his residence, within ten days after such statement is filed.

History:

Enacted March 12, 1872.

§ 277. COMPELLING ATTENDANCE

OF

WITNESSES.

Either of the justices of the peace have power to issue subpoenas for witnesses, at the request of either party, to be served by the sheriff as other subpoenas; and such justices, when met at the time and place appointed to take such depositions, have the same power to issue attachments and assess fines against witnesses as is given to justices of the peace in the trials of civil actions.

History: Enacted March 12, 1872.

§ 278. TESTIMONY, HOW TAKEN. The justices must meet at the time and place appointed, and take the depositions of witnesses produced by the parties, and may continue the examination from day to day, if necessary. When the examination is closed, they must seal up the depositions taken before them, together with the commission, and transmit the same by mail or express to the clerk with whom the statement was filed.

History: Enacted March 12, 1872.

§ 279. VACANCY IN COMMISSION, HOW FILLED. If at any time either of the justices is unable to proceed in such examination the clerk may supply the vacancy by designating any other justice of the peace of the county.

History: Enacted March 12, 1872.