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After a motion is stated by the Speaker, it shall be deemed to be in possession of the House; but may be withdrawn at any time before decision or amendment.-R. of

A. 10.

When a question is under debate, no motion shall be received, unless to amend it, to commit it, to postpone it to a day certain, for the previous question, or to adjourn.R. of A. 11.

Every member who shall be present when a question is stated from the chair, and no other, shall vote for or against the same, unless the House shall excuse him, or unless he be immediately interested in the question, in which case he shall not vote.-R. of A. 18.

While the Speaker is putting a question, no member shall walk out of, or across the house, nor when a member is speaking, shall any member entertain any private discourse, or pass between him and the chair.-R. of A. 19.

A member called to order, shall immediately sit down, unless permitted to explain; and the House, if appealed to, shall decide on the case, but without debate; if there be no appeal, the decision of the chair shall be submitted to.-R. of A. 20.

The rules of the House shall be observed in a committee of the whole House, so far as they may be applicable, except the rule limiting the time of speaking.-R. of A. 35.

SECTION 26.

REPORT OF COMMITTEE.

THE chairman of the committee, standing in his place, informs the House, that the committee, to whom was referred such a bill, have, according to order, had the same under consideration, and have directed him to report the same without any amendment, or with sundry amendments, (as the case may be,) which he is ready to do, when the House pleases to receive it. And he, or any other, may move that it be now received. But the cry of "DOW, DOW," from the House, generally dispenses with the formality of a motion and question. He then reads the amendments

with the coherence in the bill, and opens the alterations, and the reasons of the committee for such amendments, until he has gone through the whole. He then delivers it at the clerk's table, where the amendments reported are read by the clerk, without the coherence, whereupon the papers lie on the table, till the House, at its convenience, shall take up the report. Scob. 52. Haken. 148.

The report being made, the committee is dissolved, and can act no more without a new power. Scob. 51. But it may be revived by a vote, and the same matter re-committed to them. 4 Grey 361.

1. In a committee, every member may speak as often as he pleases. 2. The votes of a committee may be rejected or altered, when reported to the House. 3. A committee even of the whole, cannot refer any matter to another committee. 4. In a committee, no previous question can be taken. The only means to avoid an improper discussion, is to move that the committee rise: and if it be apprehended that the same discussion will be attempted on returning into committee, the House can discharge them, and proceed itself on the business, keeping down the improper discussion by the previous question. 5. A committee cannot punish a breach of order, in the House or in the gallery. 9 Grey 113. It can only rise and report it to the House, who may proceed to punish.-Jefferson's Manual, sec. 30 page 85..

In the Assembly of this State, a committee is commonly appointed about the 7th week of the annual meeting of the Legislature, that performs nearly all the duties of the 'quasi committee of the National Legislature, and aided by a select committee, performs all the duties of a committee of the whole House.

This committee is commonly named by the Speaker, consists of nine, and is appointed, on motion, by virtue of a resolution, generally first adopted in the following words:

"Resolved, That a committee of nine members be ap. pointed, whose duty it shall be to examine all bills from time to time committed to a committee of the whole House, and report all such bills as in their opinion may with safety and propriety be referred to select committees, to be

reported complete; but that no bill shall be so recommended to be referred, except with the consent of a majority of the said committee." See Journal of Assembly, 1816, p.

276.

This committee commonly meets twice per week; and from all of the bills before the House, select such as they think "proper" the chairman then reports to the House what bills they have selected, and gives the titles: the Speaker then puts "the question on agreeing with the committee in their report;" if carried in the affirmative, the speaker then addressing himself to the House, says, "Is it the pleasure of the House the committee of the whole House be discharged from the further consideration of these said several bills, and that the same be referred to select committees to be reported complete?" One negative is sufficient to prevent a bill from being thus disposed of. The member objecting to any particular bill, commonly objects to that, and consents as to the remainder.

The Speaker then appoints a committee of three members to receive three of the bills, and to report the same complete: first naming the bills, and then the committee to whom he proposes to refer them, and then takes the sense of the House on the nomination, as in other cases.

These select committees of three, to whom the bills are referred, report the bills complete, with all convenient speed, either with or without amendment; and then the Speaker puts "the question on agreeing with the committee in their report;" if agreed to, he asks "Shall this (or these) bill (or bills) be engrossed? Those in favor," &c. as in other cases. If carried in the affirmative, the bill is engrossed for a third reading, in like manner as if the same had passed in committee of the whole House.

This is a very expeditious way of disposing of much business before the House of a merely local or private and not very important description.

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SECTION 27.

COMMITTEE ON BILLS FROM THE SENATE.

EVERY message from the Honorable the Senate communicating any bill, for the concurrence of this House, shall, after the second reading of the said bill, be referred to a select committee, with the accompanying documents (if any) to consider and report thereon.-R. of A. 39.

This committee, like most select committees in the Assembly, consists of three. They receive the bill and accompanying documents, and having duly considered, report the same according to the exigency of the rule. Their report should contain a brief statement of all the facts contained in those documents, together with the opinion of the select committee thereon.

SECTION 28.

COMMITTEES ON RESOLUTIONS.

IN all resolutions of the Assembly of much importance, requiring any committee relative to the subject matter, a committee of five is appointed. In all concurrent resolutions of the Senate and Assembly, concerning any matter to be considered by joint committee, the Senate appoint three members on their part, and the Assembly five of their house to consider and report thereon.

SECTION 29.

REFERENCES TO STATE OFFICERS.

PETITIONS, memorials and bills are often referred to either the Attorney General, Surveyor General, Comptroller or Secretary of State; sometimes to all those at the same time.

When their report is received, it is referred to a select committee, in all cases, together with the papers referred, to consider and report thereon.

SECTION 30.

COMMITTEE OF SELECTION.

This is a committee of five, and is appointed in pursu ance of a resolution to that effect, first offered in these words:

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Resolved, That a committee be appointed for the purpose of selecting from the various bills now pending in this House, such as in their opinion ought first to be acted upon; to arrange the order in which the said bills should be taken up for consideration."

This committee usually reports three or four times per week. It is seldom appointed till toward the close of the meeting.

The standing committees of the Assembly are seven : 1. Claims. 2. Ways and Means. 3. Grievances. 4. Courts of Justice. 5. On expiring Laws. 6. Privileges and Elections. 7. Colleges, Academies and common Schools.

SECTION 31.

BILL, RECOMMITMENT.

AFTER a bill bas been committed and reported, it ought not, in an ordinary course, to be recommitted. But in cases of importance, and for special reasons, it is sometimes recommitted, and usually to the same committee. Haken. 151. If a report be recommitted before agreed. to in the House, what has passed in committee is of no validity; the whole question is again before the committee, and a new resolution must be again moved, as if nothing had passed. 3 Hats. 131. note.

In U. S. Senate, January 1800, the salvage bill was recommitted three times after the commitment.

A particular clause of a bill may be committed without the whole bill; 3 Hats. 131. or so much of a paper to one, and so much to another committee..

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