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ter the session is ended, be discharged on a habeas corpus. Raym. 120. Jacob's L. D. by Ruffhead. Parliament, 1 Lev. 165, Pritchard's case.

[Where the constitution authorises each House to determine the rules of its proceedings, it must mean in those cases legislative, executive, or judiciary, submitted to them by the constitution, or in something relating to these, and necessary towards their execution. But orders and resolutions are sometimes entered in the journals, having no relation to these, such as acceptances of invitations to attend orations, to take part in processions, &c. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are therefore perhaps improperly placed among the records of the House.]

SEC. XIX--PETITIONS.

A petition prays something. A remonstrance has no prayer. 1 Grey, 58.

Petitions must be subscribed by the petitioners. Scob. 87. L. Parl. c. 22. 9 Grey, 362, unless they are attending, 1 Grey, 401, or unable to sign, and averred by a member. 3 Grey, 418. But a petition not subscribed, but which the member presenting it affirmed to be all in the hand-writing of the petitioner, and his name written in the beginning, was on the question (March 14, 1800,) received by the Senate. The averment of a member, or of somebody without doors, that they know the hand-writing of the petitioners, is necessary if it be questioned. 6 Grey, 36. It must be presented by a member-not by the petitioners, and must be opened by him, holding it in his hand, 10 Grey, 57.

[Before any petition or memorial addressed to the Senate shall be received and read at the table, whether the same shall be introduced by the president or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introduction. Rule 24.]

Regularly a motion for receiving it must be made and seconded, and a question put whether it shall be received? But a cry from the House of "received," or even its silence, dispenses with the formality of this question. It is then to be read and disposed of.

SEC. XX.- -MOTIONS.

When a motion has been made, it is not to be put to the question, or debated, until it is seconded. Scob. 21.

[The Senate say, No motion shall be debated until the same shall be seconded. Rule 9.]

It is then, and not till then, in possession of the House, and cannot be withdrawn but by leave of the House. It is to be put into writing, if the House or speaker require it, and must be read to the House by the speaker as often as any member desires it for his information. 2 Hats. 82.

[The rule of the Senate is, when a motion shall be made and seconded, it shall be reduced to writing, if desired by the president or any member, delivered in at the table, and read by the president before the same shall be debated. Rule 10.]

It might be asked whether a motion for adjournment, or for the orders of the day, can be made by one member while another is speaking? It canWhen two members offer to speak, he who

not.

rose first is to be heard, and it is a breach of order in another to interrupt him unless by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without rising and addressing the chair. Such calls are themselves breaches of order, which, though the member who has risen may respect, as an expression of impatience of the house against futher debate, yet, if he chooses, he has a right to go on.

SEC. XXI.-RESOLUTIONS,

When the House commands, it is by an "order." But fact, principles, and their own opinions and purposes, are expressed in the form of resolutions.

[A resolution for an allowance of money to the clerks, being moved, it was objected to as not in order, and so ruled by the chair. But on an appeal to the senate (i. e. a call for their sense by the president on account of doubt in his mind ac cording to Rule 16,) the decision was overruled. Jour. Sen. June 1, 1796. I presume the doubt was whether an allowance of money could be made otherwise than by bill.]

SEC. XXIL-BILLS.

[Every bill shall receive three readings, previous to its being passed; and the president shall give notice at each whether it be 1st, 2d, or 3d; which readings shall be on three different days, unless the senate unanimously direct otherwise. Rule 26.]

SEC. XXIII.-BILLS, LEAVE TO BRING IN.

[One day's notice, at least, shall be given of an intended motion for leave to bring in a bill. Rule 25.1

When a member desires to bring in a bill on any subject, he states to the house in general terms the causes for doing it, and concludes by moving for leave to bring in a bill entitled, &c. Leave being given, on the question, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed of this committee, and one or more in addition. Hakew.

132. Scob. 40.

It is to be presented fairly written, without any erasure or interlineation or the speaker may refuse it. Scob. 41. I Grey, 82, 84.

SEC. XXIV.-BILLS, FIRST READING.

When a bill is first presented, the clerk reads it at the table, and hands it to the speaker, who, rising, states to the House the title of the bill, that this is the first time of reading it, and the question will be whether it shall be read a second time? Then sitting down to give an opening for objections, if none be made, he rises again and puts the question whether it shall be read a second time? Hakew. 137, 141. A bill cannot be amended on the first reading; 6 Grey, 286; nor is it usual for it to be opposed then; but it may be done, and rejected. D'Ewes, 335, col. 1. 3 Hats. 198.

SEC. XXV.-BILLS, SECOND READING.

The second reading must regularly be on another day. Hakew. 143. It is done by the clerk

at the table, who then hands it to the speaker. The speaker, rising, states to the House the title of the bill, that this is the second time of reading it, and that the question will be, whether it shall be committed, or engrossed and read a third time? But if the bill came from the other House, as it always comes engrossed, he states, that the question will be, whether it shall be read a third time? and before he has so reported the state of the bill, no one is to speak to it. Hakew. 143, 146.

[In the senate of the United States, the president reports the title of the bill, that this is the second time of reading it, that it is now to be considered as in a committee of the whole, and the question will be, whether it shall be read a third time, or that it may be referred to a special committee?]

SEC. XXVI.-BILLS, COMMITMENT.

If on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to a committee of the whole House, or to a special committee. If the latter, the speaker proceeds to name the committee. Any member also may name a single person, and the clerk is to write him down as of the committee. the House have a controlling power over the names and number, if a question be moved against any one, and may in any case put in and put out whom they please.

But

Those who take exception to some particulars in the bill, are to be of the committee. But none who speak directly against the body of the bill. For he that would totally destroy, will not amend

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