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. Reconsideration. 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 circum stances. 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. Messages. 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 Winchester belonging to the Winchester academy. Referred to committee on schools and colleges. By Mr. Wharton: Petition of Rice D. M. and Waddy C. Charlton for relief as securities of Joseph Charlton upon forfeited recognizance. Referred to committee for courts of justice. By Mr. Koiner: Resolved, That the committee on roads and internal navigation be instructed to inquire into the expediency of reporting a bill requiring the Chesapeake and Ohio railroad company, and such other railroad companies which have not done so, to survey and mark by suitable metes and bounds the lands which they have had condemned and appropriated to their own use, which belonged to persons along the line of their road through the State of Virginia, and make a plat of the same through each county, stating the exact quantity of land taken from each individual, and have the same recorded in the county clerk's office of each county in which the lands are situate, and have them transferred on the books of the commissioners of the revenue to the Chesapeake and Ohio railroad company; and to provide in said bill that the former owners shall no longer be taxed on lands which have long since been taken from them. By Mr. Koiner: Resolved, That the committee on propositions and grievances be instructed to inquire into the expediency of providing for the suppression of a new species of gambling by the use of a wheel of chance, and other games of hazard at fairs and other places of public resort. By Mr. Koiner: Resolved, That the committee on propositions and grievances be instructed to inquire into the expediency of providing better protection to forests and timber from careless and willful burning. By Mr. Harrison: A bill in relation to the interest on money. Referred to committee for courts of justice. By Mr. Dooley: A bill to amend the 37th section of chapter 123 of the Code 1860 with reference to wills. Referred to committee for courts of justice. By Mr. Koiner: Resolved, That the committee on finance be instructed to inquire into the expediency of providing encouragement and protection to the rearing of sheep, by imposing a suitable tax on all dogs, except one to be exempted to each housekeeper, the proceeds arising therefrom to be applied to indemnify losses, to pay a premium on fox scalps, and the excess to go to the school fund. The morning hour having expired, the house proceeded to the business on the calendar. No. 1. Senate bill entitled an act to render valid the charter of incorporation of the Peoples Savings Bank at Lynchburg, Virginia, and to legalize all acts done under and in accordance with the original charter, came up. Mr. Cox moved that the bill be laid on the table and printed, which was rejected. 1 The bill was read a third time and passed. Mr. Coghill moved a reconsideration of the vote by which the bill was passed, which motion was rejected. No. 1. House joint resolution extending the time for the collection of taxes and county and township levies for the year 1873, was read a second time, amended, and ordered to be engrossed to be read a third time. On motion of Mr. Gilliam, the house adjourned until Monday at 12 o'clock M. MONDAY, JANUARY 5, 1874. Prayer by Rev. Dr. A. C. Bledsoe, of the Methodist church. The speaker laid before the house the following communication from the governor : COMMONWEALTH OF VIRGINIA, EXECUTIVE CHAMBERS, Richmond, January 5th, 1874. To the Senate and House of Delegates of Virginia: Vacancies exist in the judiciary of this Commonwealth, occasioned by the death of Thomas Leigh, Esq., late judge of the county court of Halifax county, and the resignation of John T. Lovell, Esq., judge of the county courts for Warren and Clarke counties; and I respectfully recommend that these vacancies be filled at an early day by the general assembly. JAMES L. KEMPER. The speaker announced the following standing committees: Privileges and Elections.-Messrs. Montague, Riddlebarger, Banks, Winn, Scruggs, Brooks, Lovell, Griffith, Neeley, Grayson, P. K. Jones and Goodwyn. Courts of Justice.-Messrs. Coghill, Dooley, Harrison, Magruder, Strother, Williams, Taliaferro, Blair, Cockerille, Allen, Fulkerson, Hudgin and B. W. Lacy. Schools und Colleges.-Messrs. Magruder, Gilman, Gardner, Scruggs, Wharton, B. W. Lacy, Morrison, Longley, Neeley, Moore, Gaines, Round and Rufus S. Jones. Propositions and Grievances.-Messrs. Blair, Swann, Winn, Neeley, Lightner, Holbrook, Cecil, Lovell, Henderson, Young, Paige and Gilliam. Roads and Internal Navigation.- Messrs. Ould, Armstrong, Wharton, Williams, J. Horace Lacy, Powell, Campbell, Koiner, Howard, Foster, T. S. Gibson, Popham and Van Auken." Finance.-Messrs. Stuart, Bagwell, Anderson, J. Armistead Carter, Boykin, Hunter, Franklin, Graves, Critz, Jack Carter, Lybrook and Loving. |