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

1 R. f., 373, 8$ 13, 14, 15; 375, $ 25, last clause.

vidence of mode of passage.

$ 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.

List of officers to be published.

$ 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, 8 30.

Distribution of stat. utes.

$ 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.

Statutes to be transmit. ted to each county.

§ 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, 88 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.

publication.

§ 57. The publication of all statutes thus pub- Tumico 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.

OPERATION OF STATUTES.

SECTION 59. When statutes take effect.

60. Effect of amendment.
61. Construction of statutes.
62. Repeal of statutes.

Wher, stat. utes take effect.

§ 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.

Effect of amendment

$ 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.

Construc tion of stat. utes,

$ 61. The rules for the construction of statutes are contained in the Code of Civil Procedure.

statutes.

§ 62. Any statute may be repealed at any time, Ropoal of except when it is otherwise provided therein. Parties acting under any statute shall be deemed to have acted in contemplation of this power of repeal.

CHAPTER III.

EXECUTIVE OFFICERS.

Article I. Classification, number and designation.

II. Mode of election or appointment and term of office.
III. General provisions respecting the governor.
IV. General provisions respecting the secretary of state.

V. General provisions respecting the comptroller.
VI. General provisions respecting the treasurer.
VII. General provisions respecting the state engineer and surveyor,
VIII. General provisions respecting the bank superintendent.
IX. General provisions respecting the insurance superintendent.

X. The duties and powers of other executive officers.
XI. Provisions relating to the duties and powers of two or more

executive officers.

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2. Special, for special duties in different parts of

the state;

3. Local, for a particular part of the state.

Military offlcers.

$ 64. Military officers are designated and regulated by the militia laws.

Number and desig. dation,

§ 65. The number and designation of the civil executive officers are as follows:

A governor;
A private secretary for the governor;
A lieutenant-governor;
A secretary of state;
A comptroller;
A treasurer;
An attorney-general;
A state engineer and surveyor;'
A bank superintendent;'
An insurance superintendent;
A state superintendent of public instruction;

A deputy for each of the eight last mentioned officers;

A state superintendent of weights and measures ;'
An inspector of gas meters; "
Twenty-two regents of the university;
Three canal commissioners;o
An auditor of the canal department;'

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'1R S., 304.
" Ib., 1168.
• Laws of 1859, p. 882.
• Laws of 1854, ch, 97.
• 1 R. 8., 387, § 27 ; 391, 821;

396, 8 6; Laws of 1854, chap. 288;
1 R. 8., 1169 ; Laws of 1859, p. 882.

• 1 R. S., 306.
· Laws of 1859, ch. 311.
• 1 R. 8., 425, § 12.

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