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THE RULES AND ORDERS.

OF THE SENATE.

1.

CALLING SENATE TO ORDER.

The Lieutenant Governor of the State, who, by the 8th section of the 5th article of the Constitution, is constituted ex-officio president of the Senate, shall when present, take the chair at the hour fixed for the meeting of the Senate, when he shall immediately call the members to order, who shall thereupon take their seats, and continue with their heads uncovered, while the senate remains in session; the clerk shall call the roll of members, and as soon as a majority is present, the journal of the preceding day shall be read, to the end that any mistake may be corrected.

DUTIES OF PRESIDENT.

2. The President 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 points of order, subject to an appeal to the Senate by any member.

TEMPORARY PRESIDENT.

3. The President shall have the right to name any member to perform the duties of the Chair temporarily, and who shall be invested, during such time, with all the powers of the President; but no member shall be excused from voting on any question by reason of his occupying the Chair; nor shall such substitute's authority as presiding officer, extend beyond a day's adjournment of the Senate.

PRESIDENT PRO TEM.

4. In the absence or inability of the President, except as provided in rule three, the Senate shall appoint a President pro tempore, who shall possess all the powers and prerogatives of the President of the Senate for the time being.

5.

COMMITTEE OF THE WHOLE.

Whenever the Senate determines to go into Committee of the Whole, the President shall name one of the members as Chairman, who shall, for the time being, be invested with all the authority of the presiding officer of the Senate.

DUTIES OF THE PRESIDENT.

6.-The President shall appoint all committees, unless otherwise directed; he shall sign all acts, memorials, addresses and resolutions; and all writs,

warrants and subpoenas that may be issued by the Senate, shall be signed by him and attested by the Clerk.

DISTURBANCES IN THE LOBBY.

7. Whenever any disturbance or disorderly conduct shall occur in the lobby, the President (or Chairman of the Committee of the Whole) shall have power to cause the same to be cleared of all persons except the members and officers of the Senate.

QUESTIONS-HOW STATED and decIDED.

8.- -Questions may be stated by the President while sitting, but he shall rise to put a question, and shall use this form: "As many as are of the opinion that (as the question may be,) will say aye:" and after the affirmative voice is expressed, "As many as are of a different opinion, will say no." If the President doubt as to the voice of the majority, or a division be called for, the Senate shall divide-those in the affirmative of the question shall first rise and be counted; or, if there still be a doubt, or a count be called for, the President shall appoint two tellers, one from each side, to make the count and report the same to the President, who shall declare the same to the Senate.

QUORUMS.

9. A majority of all the members elected to the Senate must be present to constitute a quorum for the transaction of ordinary business; three-fifths of the members elected to the Senate must be present to constitue a quorum for the passage of appropriation bills, as provided by the Constitution of the State; a smaller number, however, can adjourn from time to time, and have power to compel the attendance of absent members.

LEAVE OF ABSENCE.

10.-No member or officer of the Senate, unless from illness or other cause he shall be unable to attend, shall absent himself from the sessions of the Senate during an entire day, without first having obtained leave of ab

sence.

REPORTS OF COMMITTEES.

11. Any committee required or entitled to report upon a subject referred to them may make a majority and minority report; any member of such committee dissenting in whole or in part, from either the conclusion or the reasoning of both the majority and minority, shall be entitled to present to the Senate a brief statement of the reasons of such dissent, which, if decorous in its language, and respectful to the Senate, shall be entered on the journal in connection with the majority and minority reports.

CLERK-ELECTION OF AND DUTIES.

12.-A Clerk shall be elected at the commencement of each session, to hold his office at the pleasure of the Senate; he shall keep a correct journal of the daily proceedings of the Senate, and perform such other duties as may be assigned to him; he shall superintend the recording of the journal proceed

ings, the engrossing, enrolling, transcribing, and copying of bills, resolutions, etc.; shall permit no records nor papers belonging to the Senate to be taken out of his custody, otherwise than in the regular course of business; shall report any missing papers to the notice of the President; and generally shall perform, under the direction of the President, all duties pertaining to his office as Clerk.

SERGEANT-AT-ARMS.

13. A Sergeant-at-Arms shall be elected at the commencement of each session, to hold his office at the pleasure of the Senate. It shall be his duty to execute all orders of the President of the Senate, and to perform all duties they may assign to him, connected with the police and good order of the Senate Chamber; to exercise a supervision over the ingress and egress of all persons to and from the Chamber; to see that messages, etc., are promptly executed, and the requisite fires are kept up during the appropriate season; and to perform all other services pertaining to the post of Sergeant-at-Arms.

COMMITTEES.

14. The following Standing Committees shall be elected by the Senate at such time as may be designated, unless otherwise directed:

[The committees on the Judiciary and Railroads shall consist of five members each, and all other committees of three members each.]

1. On the Judiciary.

2. On Finance.

3. On State Lands.

4. On Incorporations.

5. On Internal Improvements.

6. On Roads, Bridges and Ferries.

7. On Town and County Organizations.

8. On Military Affairs.

9. On Privileges and Elections.

11. On Legislative Expenditures.

12. On State Affairs.

13. On Printing.

14. On Banks, Banking and Insurance.

15. On Engrossed Bills.

16. On Contingent Expenditures.

17. On Public Lands.

18. On Enrolled Bills.

19. On State Prison.
20. On Railroads.

10. On Agriculture and Manufactures. 21. On Federal Relations.

The following shall be joint committees and shall be constituted as fol. lows:

1. On Claims.*-Five from Assembly; two from the Senate.

2. On Local Legislation.+-Three from Assembly; two from Senate.

3. On Charitable and Penal Institutions.‡-Two from the Senate and three from the Assembly.

4. On Printing.§-Two from the Senate and three from the Assembly. REPORTERS, PERSONS PRIVILEGED TO FLOOR OF SENATE.

15.-Reporters for newspapers can have seats assigned them by the President, within the bar of the Chamber, for the purpose of taking down the proceedings, but not so as to interfere with the convenience of the Senate. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Attorney GenSee secs, 18 to 22 inclusive, of chap. 9, R. S., page 122.

† See chap. 870, general laws of 1860, page 381.

See chap. 165, general laws of 1868, as amended by chap. 109, general laws of 1972. See chap. 114, sec. 22, general laws of 1858.

16

eral, Senators, and ex-Senators, and Members of Congress, Judges of any Courts, Members and ex-members of State Legislatures, and Members of the Assembly of this State, and all editors of newspapers in the State may be admitted to seats within the bar of the Senate.

ORDER OF BUSINESS.

16. After the journal shall have been read, and an opportunity given to correct it, the order of business shall be as follows:

1. Letters, petitions, memorials, remonstrances and accompanying documents may be presented and referred.

2. Resolutions may be offered and considered, notice of intention to introduce bills may be given, and bills may be introduced on leave granted.

3. Reports of committees may be made and considered; first from standing committees, and next from select committees.

4. Messages and other Executive communications.

5. Messages from the Assembly, and amendments proposed by the Assem bly to bills from the Senate.

6. Bills and resolutions from the Assembly on their first and second reading.

7. Bills on their third reading.

8. Bills ready for a third reading.

9. Bills reported by a Committee of the Whole.

10. Bills in which a Committee of the Whole has made progress, and obtained leave to sit again.

11. Bills not yet considered in Committee of the Whole.

CALL TO ORDER.

17. When any member is about to speak in debate or deliver any matter to the Senate, he shall rise from his seat and respectfully address himself to "Mr. President," and shall confine himself to the question under consideration, and avoid personalities.

18.-When any member is called to order, he shall sit down until it shall be determined whether he is in order or not, except he be permitted to explain; and if a member be called to order for words spoken in debate, the exceptionable words shall be taken down in writing immediately.

19. When two or more members happen to rise at the same time, the President shall name the member who is first to speak.

20. No member shall speak more than twice on the same question during the same day, nor more than once on a motion for commitment without leave of the Senate.

21. While the President is putting any question or addressing the Senate, no member shall walk out of or across the room, nor entertain private discourse; nor whilst a member is speaking, shall pass between him and the Chair. No member or other person shall visit or remain by the Clerk's tablo while the ayes and noes are being called, or the ballots counted.

22. No member shall vote on any question in any case where he was not in the Chamber of the Senate when the question was put, unless by leave of the Senate; nor shall any member be counted, upon a division and count of the Senate, who shall be without the Chamber at the time..

EVERY SENATOR TO VOTE UNLESS EXCUSED.

23. Every member who may be within the Senate Chamber when the question is put shall give his vote, unless the Senate shall excuse him from voting. When a question is being taken, or about to be taken, it shall be competent for any member to call for the ayes and noes, which shall be entered on the journal. All motions to excuse a member from voting shall be made before the call of ayes and noes is commenced; and any Senator wishing to be excused from voting, may briefly and pertinently explain his reasons therefor before the call of the ayes and noes is commenced; but when the ayes and noes are being taken, the call shall not be interrupted for any purpose whatever.

24. When a motion is made and seconded, it shall be stated by the President, or, being in writing, it shall be handed to the Chair, and read aloud before debate.

25.-Every motion shall be reduced to writing, if the President, or any member desires it.

26. After a motion is stated by the President, or read by the Clerk, it shall be deemed to be in possession of the Senate, but may be withdrawn or altered at any time before a decision or amendment, on leave of the Senate. 27. When a question is under debate, no question shall be in order, except to adjourn, to send for papers for reconsideration, to reconsider, to lay on the table, for the previous question, to postpone to a day certain, to commit, to amend, to strike out the enacting clause, or postpone indefinitely; and these several motions shall have precedence in the order in which they herein stand arranged. But a motion to postpone to a day certain, to strike out the enacting clause, or postpone indefinitely, shall not again be in order on the same day or at the same stage of the proposition.

28. A motion to adjourn shall always be in order, except as restricted by the " previous question." A motion to adjourn, to lay on the table, to take a recess, shall be decided without debate.

THE PREVIOUS QUESTION.

29.." The previous question " shall be put in this form: "Shall the main question now be put?" It shall only be admitted when sustained by a majority of members present, and shall preclude amendments and further debate, until the main question shall have been disposed of. The "main ques. tion" shall be the original proposition and pending amendments. When the Senate shall have determined that the main question shall not now be put, the pending subject shall be considered as remaining under debate, and may be proceeded with and determined upon in the same manner as though the previous question had not been moved. When the Senate shall have determined that the main question shall now be put, its effect shall be to bring the Senate

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