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3d. House bills, &c., returned from the senate with amendments,
in the order in which they were transferred to the calendar. 4th. Senate bills, &c., in the same order. 5th. Engrossed house bills
, &c., in the order in which they passed to their engrossment. 6th. House bills, &c., on their second reading, in the order in which
they are numbered. 50. It shall be the duty of the clerk to see that the printing and engrossing, when ordered, shall be done in such time that the bills, &c., may be acted upon according to their priorities upon the calendar. If, however, any bill, &c., shall not be ready when it is reached upon the calendar, it shall be passed by, and be allowed to retain its place upon the calendar.
51. When the calendar has been called through, it may be called again, in order to dispose of any business that may be ready, and if there be none such, the business of the morning hour shall be resumed and disposed of; but the business of the calendar shall in no case be allowed to interfere with that of the morning hour without the unanimous consent of the members present.
52. The regular order of business herein established shall not be changed, nor shall any special order be made, except by a vote of twothirds of the members present; but a majority may postpone the calendar, not exceeding one day at a time, or may pass by any subject coming up in order, without changing its place, or may agree to a joint order with the senate, or may postpone or discharge any special order.
V.-CONDUCT OF BUSINESS.
Order and Decorum. 53. The speaker shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose, and shall decide questions of order without debate, subject to an appeal to the house. If the decision relate to a question of decorum or propriety of conduct, it shall not be debatable; if it relate to the priority of business, or the relevancy or applicability of propositions, the appeal may be debated, but no member shall speak on it more than once, except by leave of the house.
54. When a member rises to speak, he shall respectfully address "Mr. Speaker," standing in his place; he shall confine himself strictly to the question before the house, and when he has finished he shall sit down.
55. When two or more members rise at the same time, the speaker shall name the person to speak; but, in all cases, the member who shall first rise and address the chair shall speak first.
56. Every motion or proposition shall be reduced to writing, if desired by the speaker or any member, and shall be delivered in at the clerk's table, to be there read; and the question shall be stated by the chair before the same shall be debated. When the reading of any paper in possession of the house, and not being the precise matter upon which the house is acting, is called for, and objection is made by any member, the question shall be determined by a vote of the house without debate. Any motion or proposition may be withdrawn by the mover at any time before a decision, amendment, or other action of the body upon it, except a motion to reconsider, which shall not be withdrawn without leave of the house.
57. No member shall in debate use any language or gesture calculated to wound, offend or insult another member.
58. If any member in speaking transgress the rules of the house, the speaker shall, or any member may, call to order, in which case the member called to order shall immediately take his seat, unless permitted to explain. If there be no appeal, the decision of the chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not proceed, except by leave of the house. For flagrant or repeated violations of order, especially if persisted in after the admonition of the Speaker, a member shall be liable to the censure of the house.
59. If any member be called to order by another member, for words spoken, the words excepted to shall be immediately taken down in writing, in order that the speaker and the house may be better able to judge the matter.
60. No member shall, while the house is sitting, interrupt or hinder its business by standing up, leaving his place, moving about the hall, engaging in conversation, expressing approval or disapproval of any of the proceedings, or by any other conduct tending to disorder and confusion.
61. In any one debate on the same question, no member shall speak more than once till all others have spoken who desire to do so, nor more than twice, without the consent of a majority of the members present.
Ascertaining the Question. 62. If the question for decision include several distinct propositions, any member may have the same divided; but a motion to strike out and insert shall not be so divided, nor shall a motion to strike out, being lost, preclude either amendment or a motion to strike out and insert. In filling blanks, the question shall be put first upon the largest sum and the longest time. No motion or proposition, or a subject different from that under consideration, shall be admitted under color of amendment.
63. When a question is before the house, no motion shall be received, unless specially provided for, except to adjourn; to pass by; to lay upon the table; to postpone for a specified time or purpose; to commit or amend; to dismiss, which several motions shall have precedence in the order in which they are arranged. If the motion to pass by, or to lay upon the table, or to postpone, shall prevail, a motion to print shall be in order before proceeding to the consideration of another subject; but shall be decided without debate.
64. Upon the motion to pass by, the mover shall be allowed two minutes to state the reasons for his motion, and one member opposed to the motion shall be allowed a like time to object. The motions to pass by, to lay upon the table, for the previous question, and for the pending question, shall not be debated; nor shall debate be allowed on à motion to take up a subject from the table, or to reconsider any question which was not debatable. When a question not debatable is before the house, all incidental questions arising after it is stated to the house shall be decided and settled, whether on appeal or otherwise, without debate; and the same rule shall apply to incidental questions arising after any question is put to the house.
Pending and Previous Questions. 65. Pending a debate, any member who obtains the floor for that purpose only, and submits no other motion or remark, may move for *the previous question," or "the pending question ;” and in either case the motion shall be forthwith put to the house. Two-thirds of the members present shall be required to order the main question; but a majority may require an immediate vote upon the pending question, whatever it may be.
66. The previous question shall be in this form: “Shall the main question be now put?” If carried, its effect shall be to put an end to all debate, and bring the house to a direct vote upon a motion to commit, if pending; then upon amendments reported by a committee, if any; then upon pending amendments; and then upon the main question. If upon the motion for the previous question the main question be not ordered, debate may continue as if the motion had not been made.
Taking the Vote.
67. The speaker shall rise to put a question, but may state it sitting. Questions shall be distinctly put in the following form, viz: "As many as agree that, &c., (as the question may be,) say AYE;” and after the affirmative vote is given, “Those opposed, say No.” If the speaker doubts, or a division is called for, the house shall divide, those in the affirmative of the question rising first from their seats, and afterwards those in the negative. If required, the speaker shall cause the result to be ascertained by a count.
68. The yeas and nays on any question may be called for at any time before proceeding to another question or proposition, but being once refused, they shall not be again demanded on the same question; and any member shall have a right to vote at any time before the decision is pronounced by the chair.
69. Upon a division of the house on any question, a member who is present and fails to vote shall, on the demand of any other member, be counted on the negative of the question; and when the yeas and nays are taken shall, in addition, be entered upon the journal as present and not voting. But no member who has an immediate and special personal interest in the result of the question, shall either vote or be counted upon it.
70. When a question has been decided, it may be reconsidered on the motion of any member who voted with the prevailing side: provided it be made on the same day, or within the next two days of actual session. The motion may be entered as a matter of privilege, and shall take precedence of everything except special orders and other questions of privilege, and be disposed of in the morning hour or with the calendar, as the case may be. All motions to reconsider shall be decided by a majority of the votes of the members present.
Bills, &c. 71. Every bill shall receive three several readings in the house previous to its being passed, and it shall be distinctly announced at each reading, whether it is the first second or third time.
72. The first reading of a bill shall be for information merely, and it shall go to a second reading without a question.
73. Upon the second reading of a bill, it shall be open to amendment or commitment, or to any of the motions provided for in rule 63; and the final question shall be—“Whether it shall be engrossed and read a third time?"
74. A bill ordered to be engrossed shall not have its third reading until the engrossment is actually and properly done; but, in the case of a senate bill, the engrossment shall only apply to such amendments as may have been made in the house.
75. No amendment to a bill shall be received upon its third reading, by way of rider or otherwise; but a bill may, at any time before its passage, be committed or recommitted, and when reported back shall be placed upon the calendar, and if amended, shall, whether on its second or third reading, be engrossed, as may be necessary.
76. On the third reading of a bill, the question shall be--"Shall the bill pass ?"
77. The title of a bill, and such parts thereof only as shall be affected by the proposed amendments, shall be entered upon the journal.
78. Joint resolutions intended to have the force and effect of law, or to express the opinions, wishes or purposes of the general assembly upon any matter not connected with the preparation, direction or conduct of its business, shall be introduced, considered and disposed of in all respects as provided in regard to bills.
Petitions. 79. Petitions of private nature once rejected shall not be heard again unless upon new evidence, and not oftener than once under any circumstances.
80. If a petition or memorial relate to a subject of local interest, as the division of a county, the establishment of a ferry, or the like, it shall not be allowed until it shall appear that the intention to present such a petition or memorial has been duly and fairly made known to the community to be affected.
81. If it relate to a matter of private right or interest, it shall appear that the parties to be affected have had notice at least equal to that required by law in regard to matters to be transacted in a court of justice.
82. No petition shall be allowed claiming a sum of money or praying the settlement of unliquidated accounts alleged to be due from the State, unless it be accompanied by a certificate of the executive or auditor, stating why the claim has not been allowed and paid.
83. The same objections shall apply to acting upon such matters by bill or resolution without petition or memorial; and the several committees of the house will be charged with the duty of reporting specially on these points in connection with any action proposed to be taken on such subjects.
84. Original papers filed as exhibits with any petition may be withdrawn by the petitioner or upon his order, or his leaving attested copies, for which he shall pay the clerk at the rate provided by law for other copies made by him.
85. It shall be the duty of the clerk, without any special order therefor, to communicate to the senate any action of the house upon business coming from the senate, or upon matters requiring the concurrence of that body; but no such communication shall be made in relation to any action of the house while it remains open for consideration.
Manual and Rules.
86. The rules of parliamentary practice, comprised in Jefferson's Manual, shall govern the house in all cases to which they are applicable, and in which they are not inconsistent with the rules of the house, and such joint rules as are or may from time to time be established by the two houses of the general assembly.
87. The rules of the house shall not be changed or suspended, except by a vote of two-thirds of the members present, to be ascertained by an actual division of the house; and upon a motion to suspend a rule of the house, the mover shall be allowed two minutes to state the reasons for his motion, and one member opposed to the motion shall be allowed a like time to object.
Hall of House of Delegates.
88. During the session of the legislature the hall of the house of delegates shall be used for no other purpose than the regular sessions of the house, and for meetings of the committees and members of the legislature on public affairs.
Leave of absence was granted Messrs. Powell, Crank and Cox for one day each.
Mr. Clark, of Campbell, (under a suspension of the rules) presented
No. 3. House bill to incorporate the Lynchburg Masonic mutual relief association, which was read a first time.
The following were presented and referred under rule 37:
By Mr. Longley: A bill incorporating the Rich Valley tanning and leather manufacturing company, in the county of Washington. Referred to committee on propositions and grievances.
By Mr. Hanger: A bill incorporating the Virginia porcelain and terracolta company, in the county of Augusta. Referred to committee on propositions and grievances.
By Mr. Hunter: A bill to authorize the common council of the corporation of Winchester to borrow money. Referred to committee on finance.
By Mr. Hunter: A bill to amend and re-enact an act entitled an act authorizing certain commissioners to sell a certain lot of land in