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Certificates

of the enactment.

Certificate of mode of passage.

Secretary of

state's indorsement.

is passed upon the application, the survey and map shall be filed in the office of the surveyorgeneral.

1 R. S., 371, §§ 1 to 7. Ib., 402, § 3. Ib., 291, §§ 1 to 3.

When a

§ 48. When the governor approves a bill he shall indorse thereon a certificate of his approval, and deliver it to the secretary of state. bill is passed by either house, by the votes of twothirds of all the members present, notwithstanding the objections of the governor, the presiding officer shall indorse thereon a certificate of such passage; and when so passed by both houses, the presiding officer of the house last passing it, shall deliver it so indorsed to the secretary of state.

1 R. S., 372, § 4, last clause; 373, § 6, and last clause of § 7.

§ 49. No bill shall be deemed to have been passed by the votes of two-thirds of all the members present, nor to have been passed when threefifths of all the members elected to each house were present, unless so certified by the presiding

officer of each house.

1 R. S., 375, § 25; Laws of 1847, 276, § 1.

This provision we have modified by extending it to the case of bills to the passage of which a two-third vote of all the members present is required. That it should be made applicable to that case appears from 1 R. S., 374, § 16.

§ 50. The secretary of state shall receive every bill passed, and indorse upon it his certificate of

the day, month and year when it became a law, and deposit the same, so indorsed, in his office; and such certificate shall be conclusive evidence of the facts therein declared.

1 R. S., 373, §§ 10, 11.

ARTICLE V.

PROMULGATION OF STATUTES.

SECTION 51. Secretary of state to cause statutes to be published.

52. Evidence of mode of passage.

53. List of officers to be published.

54. Distribution of statutes.

55. Statutes to be transmitted to each county.

56. Designation of county paper.

57. Time of publication.

58. General statutes in pamphlet form.

§ 51. The secretary of state, within thirty days

after each session of the legislature, must cause to

be printed by the printer of the statutes, and pub

lished, all the laws and joint resolutions passed at such session; and each volume shall contain his certificate that it was printed under his direction. In the printing he shall omit the certificate required by section 50, to be indorsed. upon the original bills; but he shall insert immediately after the title of each law, the word "passed," adding the day, month and year. If the bill was duly certified as passed by the votes of two-thirds of the members present in each house, he shall further add "by a two-third vote." If it was duly certified as passed when three-fifths of all the members

Secretary of

state to cause stat.

utes to be

published.

Evidence of mode of

passage.

List of officers to be publish.

ed.

Distribu

tion of stat. utes.

Statutes to be transmitted to each county.

elected to each house were present, he shall add "three-fifths being present."

1 R. S., 373, §§ 13, 14, 15; 375, § 25, last clause.

§ 52. The addition, "by a two-third vote" or "three-fifths being present," in the printed volume, is presumptive evidence that the bill was duly certified to have been so passed, and the absence of such addition is presumptive evidence that it was not so certified.

1 R. S., 374, § 16; 375, § 26.

§ 53. There shall be prefixed to the statutes published in each year the names and residence of the governor, the lieutenant-governor, senators and members of assembly, and presiding officers of both houses, in office at the time of the passage of such statutes.

1 R. S., 375, § 30.

§ 54. The statutes so published are to be distributed by the secretary of state, in the mode directed in article IV of chapter III of this title, entitled "General provisions respecting the secretary of state."

§ 55. The secretary of state shall transmit, in the order in which they are passed, to each county treasurer in the state, copies of all general statutes and of such local statutes as relate to the affairs of such county; and each treasurer shall cause the same to be published in the papers designated, as

provided in the next section, the expense of which, not exceeding twenty cents for each folio, will be a county charge.

1 R. S., 374, §§ 20, 21, 23.

of county paper.

§ 56. The board of supervisors of each county Designation shall, at their annual meeting, designate two papers to publish these statutes in their county, as follows: Each member of the board shall designate, by ballot, one newspaper printed in the county, and the paper having the highest number of ballots and that having the next highest shall be the two papers designated. In case there be but one paper printed in the county, the publication shall be in that paper.

1 R. S., 374, § 22.

§ 57. The publication of all statutes thus pub- Time of lished must be completed within four months after the final adjournment of the legislature in each year; and the whole of every statute which, in the ordinary type of the paper in which it is published, would not occupy more than two columns, must be published in one issue thereof, and when it exceeds that space it must be published as rapidly as it may be, by occupying that space in each successive issue.

1 R. S., 375, § 29.

statutes in pamphlet

§ 58. The secretary of state shall also publish, General as soon after the adjournment of the legislature as form. possible, all the general statutes, in a cheap

pamphlet form, and send them to the county clerks and supervisors for distribution, in the proportion of one for each hundred persons in the county.

This provision, in its application to all general statutes, is new.

ARTICLE VI.

Wher, statutes take effect.

Efect of araendment

Construc

tion of stat

OPERATION OF STATUTES.

SECTION 59. When statutes take effect.

60. Effect of amendment.

61. Construction of statutes.

62. Repeal of statutes.

§ 59. Every statute, unless a different time is prescribed therein, takes effect on the twentieth day after its final passage.

1 R. S., 373, § 12.

§ 60. Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted in the amended form; but the portions which are not altered are to be considered as having been the law, from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment.

Court of Appeals, 1857, Ely v. Holton, 15 N. Y. R. (1 E.
P. Smith's), 595.

§ 61. The rules for the construction of statutes

ites. are contained in the Code of Civil Procedure.

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