county, and that the power of the county has been exerted, and has not been sufficient to enable the officer having the process, to execute it, he may, on the application of the officer, or of the district attorney or county judge of the county, by proclamation to be published in the state paper, and in such papers in the county as he may direct, declare the county to be in a state of insurrection, and may order into the service of the state such number and description of volunteer or uniform companies, or other militia of the state, as he may deem necessary, to serve for such term, and under the command of such officer or officers as he may direct. § 98. The governor may, when he thinks proper, revoke the proclamation authorised by the last section, or declare that it shall cease, at the time and in the manner directed by him. § 99. A person who, after the publication of the proclamation authorised by section 97, resists or aids in resisting, the execution of process in a county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting, a force ordered out by the governor to quell or suppress an insurrection, is guilty of a felony, and is punishable by imprisonment in a state prison for not less than two years. PART III. OF JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS, BY IMPEACHMENT OR OTHERWISE. TITLE I. Of impeachments. II. Of the removal of justices of the peace, police justices, and justices of justices' courts and their clerks. TITLE I. OF IMPEACHMENTS. SECTION 100. Impeachment to be delivered to president of the senate. 101. Court to be summoned, and copy of impeachment served on defendant. 102. Service, how made. 103. Proceedings, if defendant do not appear. 101. Defendant may object to sufficiency of, or deny impeachment. 105. Form of objection or denial. 106. Proceedings thereon. 107. Trial. 108. Two-thirds necessary to conviction. 103, 110. Judgment on conviction, how pronounced. 111. Nature of the judgment. 112. Effect of judgment of suspension. 113. Judicial officer, when impeached, disqualified to act, until acquitted- § 100. When a civil officer of the state is impeached by the assembly, for wilful or corrupt misconduct in office, the articles of impeachment must be delivered to the president of the senate. Substantially the same as 2 R. S., 224, 3d ed., sec. 14. § 101. The president of the senate must thereupon cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment. He must also cause a copy of the articles of impeachment, with a notice to appear and answer the same, at the time and place appointed for the meeting of the court, to be served on the defendant, not less than twenty days before the day fixed for the meeting of the court. No provision is made in the existing statutes, as to the delivery of the articles of impeachment to the defendant. This seems necessary and proper. As to the place of meeting of the court, this section is in conformity with section 21, p. 13. 102. The service must be upon the defendant personally, or if he cannot, upon diligent inquiry, be found in the state, the court, upon due proof of that fact, may order that publication be made in such manner as it deems proper, of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment. § 103. If the defendant do not appear, the court, upon proof of service or publication as provided in the last two sections, may of their own motion, or for cause shown, assign another day for hearing the impeachment; or may then, or at any other time which it may appoint, proceed, in the absence of the defendant, to trial and judgment. § 104. When the defendant appears, he must answer the articles of impeachment; which he may do, either by objecting to their sufficiency, or of any article therein, or by denying the truth of the same. § 105. If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form; it being sufficient, if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be oral, and without oath, and must be entered upon the minutes. § 106. If an objection to the sufficiency of the impeachment be not sustained by a majority of the members of the court who heard the argument, the defendant must forthwith answer the articles of impeachment. If he plead guilty, or refuse to plead, the court must render judgment of conviction against him. If he deny the matters charged, the court must, at such time as they may appoint, proceed to try the impeachment. The last five sections are new, but in conformity to the practice in criminal actions, to which this proceeding is analogous. The last sentence in section 98, is the same in substance as 2 R. S., 3d ed., 224, sec. 17. § 107. The oath or affirmation prescribed by section 22, having been administered, the court must proceed to try and determine the impeachment, and may adjourn the trial from time to time. The same as 2 R. S., 3d ed., 224, sec. 19; except that the words or place," at the end of the section therein, are omitted in conformity with the judiciary act, Laws of 1847, p. 319, sec. 1; by which the court is required to meet at the capitol in the city of Albany. § 108. The defendant cannot be convicted on an impeachment, without the concurrence of two-thirds of the members present; and if two-thirds of the members present do not concur in a conviction, he must be declared acquitted. The first clause of this section is take from the constitution; art. 6, sec. 1. The second is taken from 2 R. S., 3d ed., 224, sec. 21. § 109. After conviction, the court must immediately, or at such other time as it may appoint, pronounce judgment, in the form of a resolution, entered upon the minutes of the court. The vote upon the passage thereof must be taken by yeas and nays, and must also be entered upon the minutes. § 110. On the adoption of the resolution, by a majority of the members present, who voted on the question of acquittal or conviction, it becomes the judgment of the court. § 111. The judgment may be, that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office or class of offices, or any office of honor, trust or profit under this state. |