No. 10.

IN ASSEMBLY,

January 8, 1836.

RULES AND ORDERS

Of the House of Assembly of the State of New-York.

1. Upon the appearance of a quorum, the Speaker having taken the chair, and the members being called to order, the journal of the preceding day shall be read, to the end that any mistakes therein may be corrected by the House: And in all cases of the absence of a quorum, the members present may take such measures as shall be necessary to procure the attendance of absent members; and the Speaker may adjourn from day to day, until a quorum shall appear.

2. After the reading and approving of the journal, the order of business, which shall not in any case be departed from, except by the unanimous consent of the House, shall be as follows:

1. The presentation of petitions.
2. Reports of standing committees.
3. Reports of select committees.
4. Messages from the Governor.

5. Communications from the State officers.

6. Messages from the Senate.

7. Third reading of bills and resolutions.

8. Motions, resolutions and notices.

9. Unfinished business of the preceding day.

10. Special orders of the day; and if in any case the unfinished business of the preceding day shall have taken the place of special orders, these orders shall be taken up and acted on in their order of time.

11. Unfinished business generally.

12. General orders of the day; but messages from the Governor, communications from State officers, and messages from the Senate, may be considered at any time.

3. No bill which has not been acted on in committee of the whole, shall be ordered to a third reading; nor shall any bill which has not been referred to that committee, or having been so referred, be referred to a select committee to report complete; nor shall any special order be made, unless by a vote of two-thirds of the members present.

4. The Speaker shall cause the clerk to make a list of all bills, resolutions, reports of committees, and other proceedings in the House, which are committed to a committee of the whole, and not made the special order of the day for any particular day; which list shall be called the "General Orders of the Day."

5. All questions relating to the priority of business, shall be decided without debate.

6. The Speaker shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the House. He shall have the right to name any member to perform the duties of the chair; but such substitution shall not extend beyond an adjournment, unless by leave of the House.

7. The Speaker, in all cases, has the right of voting; and when the House shall be equally divided, including his vote, the ques tion shall be lost.

8. While the Speaker is putting a question, no member shall walk across or out of the house.

9. When the House adjourns, the members shall keep their seats until the Speaker shall have left the chair.

10. Every member, previous to his speaking, shall rise from his seat, and address himself to the Speaker.

11. When two or more members rise at once, the Speaker shall name the one who is first to speak.

12. No member shall speak more than twice to the same general question, nor more than once upon a "previous question,"

without leave of the House; nor more than once in any case, until every member choosing to speak, shall have spoken.

13. While a member is speaking, no member shall entertain any private discourse, or pass between him and the chair.

14. A member called to order, shall immediately sit down, unless permitted to explain. If there be no appeal, the decision of the chair shall be conclusive; but if the member appeal to the House from the decision of the chair, the House shall decide on the case without debate.

15. Every member who shall be present when a question is stated from the chair, shall vote thereon, unless excused by the House, or unless he be directly interested in the question, in which cases he shall not vote. No member shall be permitted to vote upon any question, unless present when, upon a division, his name is called in its regular order.

16. Petitions, memorials, and other papers addressed to the House, shall be presented by the Speaker, or by a member in his place.

17. Every member, previous to presenting a petition or memorial, shall endorse on the same the substance thereof, and add his name: the clerk shall then read the endorsement; after which, the Speaker shall put the question on the reference of said petition or

memorial.

18. No motion shall be debated or put, unless it be seconded: when a motion is seconded, it shall be stated by the Speaker before debate; and every such motion shall be reduced to writing, if the Speaker or any member desire it.

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

20. If the question in debate contain several distinct proposi tions, any member may have the same divided.

21. When a blank is to be filled, and different sums or times are proposed, the question shall be first put upon the largest sum and the longest time,

22. When a question is under debate, no motion shall be received, unless for the previous question; to postpone it indefinitely; to adjourn it to a day certain; to lay it on the table; to commit it; to amend it; or to adjourn the House.

23. A motion for "the previous question," to lay the question on the table, or to commit it, until it is decided, shall preclude all amendment and debate of the main question; and a motion to postpone the question indefinitely, to adjourn it to a day certian, shall, until it is decided, preclude all amendment of the main question.

24. "The previous question" shall be as follows:-" Shall the main question be now put?"

25. A motion to adjourn the House shall be always in order, and shall be decided without debate.

26. Every order, resolution and vote, to which the concurrence of the Senate shall be necessary, shall be read to the House, and laid upon the table, on a day preceding that in which the same shall be moved, unless the House shall unanimously otherwise con

sent.

27. In all cases where a bill, order, resolution or motion, shall be entered on the journal of this House, the name of the member moving the same shall also be entered on the journal.

28. If any ten members require it, the ayes and noes upon any question shall be taken and entered upon the journal.

29. All committees shall be appointed by the Speaker, unless otherwise specially directed by the House, in which case they shall be appointed by ballot; and if upon such ballot, the number required shall not be elected by a majority of the votes given, the House shall proceed to a second ballot, in which a plurality of votes shall prevail; and in case a greater number than is required to compose or complete a committee, shall have an equal number of votes, the House shall proceed to a further ballot or ballots, as may be necessary.

30. Select committees to whom references are made, shall in all cases report a state of facts, with their opinions thereon.

31. Every bill originating in this House, shall be introduced by motion for leave, or by an order of the House on the report of a

committee: One day's notice, at least, shall be given of a motion for leave to bring in a bill, unless the House unanimously otherwise allow; such notice shall specify the subject matter of such bill; and all resolutions of reference and instruction to committees, shall state the subject to be referred.

32. All bills brought into this House by any member or committee, shall be endorsed with the name of the member or committee bringing in the same.

33. No private bill shall be brought into this House, but upon a memorial or petition presented to the House, and signed by the party or parties praying for such bill, except by the unanimous consent of the House.

34. No bill shall be committed or amended, until it has been twice read.

35. Every message from the Senate, communicating any bill for the concurrence of this House, shall, with the accompanying documents, if any, be referred to a standing or select committee to consider and report thereon.

36. All amendments by the Senate to bills which have passed this House, shall be referred to a select committee to examine and report thereon, unless the House shall otherwise expressly order or allow.

37. In forming a committee of the whole House, the Speaker shall leave the chair, and a chairman shall be appointed to preside.

38. The rules of the House shall be observed in the committee of the whole House, except the rules respecting a call for the ayes and noes, and limiting the times of speaking.

39. Bills committed to a committee of the whole House, shall, in committee of the whole thereon, be first read through by the clerk, unless otherwise expressly ordered by the committee; and then read and debated by clauses, leaving the title to be last considered. All amendments shall be noted on a separate piece of paper, and reported to the House by the chairman of the committee of the whole; after the report, the bill shall be still subject to debate and amendment before the question to engross is put: and such amendments only shall be in order, as were offered in committee of the whole House.