§ 10. If, however, no objection is made, the report is received without the formality of a motion and vote. So also the reading of a report by the chairman, and again by the clerk, as required by the rule, is usually dispensed with, until it is taken up for consideration. The printing of reports in legislative bodies, generally renders the reading unnecessary.

§ 11. When the report of a committee is received, the committee is dissolved, and can act no more without a new power. But it may be revived, and the same matter recommitted to them; which, however, is not done, except in inportant cases, and for special reasons. If a report is not received, the committee is not discharged, but may be ordered to sit again. The first part of this section applies only to committees in ordinary public meetings, and to legislative select committees. Standing committees in a legislature continue during the session, and are not subject to be dissolved and revived.

§ 12. The report of a committee, when taken up for consideration, may be amended, and otherwise acted on, as other propositions. And when it is to be disposed of by a final vote, the question is stated to be on its adoption; and, if adopted, the whole report becomes the statement, resolution, or act of the assembly. It is the practice, at least to some extent, in ordinary public meetings and conventions, on receiving a committee's report, and before it is taken up for consideration, to take the question on its acceptance, as a formal discharge of the committee.

§ 13. All legislative bodies sometimes act as a committee of the whole; and while sitting as such they are not called by their usual name, as the senate, or the house, but are addressed or spoken of as the committee. And the presiding officer is not called speaker or president, but chairman. (Chapter XV, § 9.) Ordinary meetings or conventions do not at any time assume the name of committee of the whole; nor do they, in form, resolve themselves into such committee; yet, in many of their proceedings, they are allowed the same freedom as is usually enjoyed by a legislative committee of the whole.

§ 14. The form of going from the house into committee of the whole, is for the presiding officer, on motion made and seconded, to put the question, that the house, or the

senate, do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If the question is determined in the affirmative, he leaves the chair, naming some member to act as chairman, and takes a seat elsewhere; and the person appointed chairman, takes his seat at the clerk's table. In some legislative bodies, he takes the chair of the presiding officer.

§ 15. Matters of great concern are usually referred to a committee of the whole house. In committee of the whole, the executive message is discussed, and the several subjects embraced in it are arranged and prepared to be referred to the appropriate standing committees, and to select committees, if any need to be appointed. Important bills reported to the house, are also referred to such com mittee to be considered and amended before they are finally disposed of by the house. One object of instituting a committee of the whole, is to afford greater freedom of discussion. The sense of the whole can be better taken in committee, where every one speaks as often as he pleases, provided he can obtain the floor.

§ 16. A committee of the whole can not adjourn as others may; therefore, if their business is unfinished at a sitting, some member moves that the committee rise, report progress, and ask leave to sit again. If the motion prevails, the chairman rises, and the presiding officer resumes the chair; and the chairman of the committee then informs him, that the committee of the whole have, according to order, had under their consideration such a matter, and have made some progress therein; but not having time to go through with the same, have directed their chairman to ask leave to sit again. Whereupon the question is put on their having leave, and sometimes also on the time when the house will again resolve itself into a committee.

§ 17. No previous question can be put in a committee of the whole; if, therefore, it is desired to stop or prevent debate, a motion may be made that the committee rise.

§18. If a committee of the whole have gone through with the matter referred to them, a member moves that the committee rise, and that the chairman report their proceedings to the house; which being resolved, the chairman rises, the presiding officer resumes the chair, the chairman informs him that the committee have gone through with

the business referred to them, and state what has been done by the committee. The question is then taken on agreeing to the report of the committee, unless postponed or laid on the table by a vote of the house.

CHAPTER LXX.

ORDER IN DEBATE.

§ 1. WHEN the presiding officer is in the chair, every member is to be seated. The person occupying the chair, may not speak on the question in debate; but he may speak to matters of order, and be first heard; and he may, by leave of the assembly, state matters of fact for their information. He may also address the assembly when his decision on a question of order is appealed from. And when he rises to speak, any member standing ought to sit down; but a presiding officer may not interrupt a member who has the floor.

§ 2. When a person means to speak, he must stand in his place, and address the chairman. The manner of obtaining the floor, has been described. (Chap. LXV, § 4, 5.) A person speaking, should not mention a member present by his name, but describe him as him who last spoke, or on the other side of the question, or in some other way; or, as is common in legislative bodies, to designate another, as the gentleman from, naming the town, county, or district which he represents.

§ 3. If a member, before he has concluded his speech, gives up the floor for any purpose, he loses his right to it, even though it is yielded on condition that he shall have it again, or though it was given up to another only for an explanation. As a matter of favor, however, the person yielding the floor, is usually permitted to resume it.

§ 4. A person is not to use indecent language against the proceedings, or reflect upon any prior act or determination of the assembly, unless he means to conclude with a motion to rescind such determination. But reflections upon a proposition while under consideration, though it has even

ments in advance may be made either at the mailing office or at the office of delivery.

Transient matter, if not prepaid at the mailing office, is charged double the above rates.

Small newspapers, &c., when sent in packages of less than eight ounces, are rated singly.

All printed matter in covers or wrappers, must be open at the ends or sides, so that its character may be determined without opening the same.

Publishers of newspapers and periodicals may send to each other one copy of their respective publications, free of postage. Postmasters are not entitled to receive newspapers free of postage under their franking privilege.

On

The commissions of postmasters on the moneys received for postage, are as follows: On the first $100, sixty per cent.; on the next $300, fifty per cent. ; on the next $2000, forty per cent.; on all over $2,400, fifteen per cent. newspaper postages, fifty per cent. on all sums, large or small. On every free letter delivered by the postmaster, (except his own,) one cent. Stamped letters are considered as paid in cash. But no postmaster is entitled to retain more than $500 per quarter; and the surplus over $2,000 a year received in commissions by any postmaster, after deducting the expenses of the office, is to be paid to the postmaster-general. Also all that is received over $2,000 for boxes and pigeon holes, and for the delivery of letters in the city, or for keeping a branch post-office, is paid to the postmaster-general; so that no postmaster may receive for his services more than $4,000 a year.

CHAPTER XLVI.

§ 1. In Ohio, Indiana, and Michigan, the age of consent has been raised to eighteen years in males, and fourteen in females; in Illinois to seventeen and fourteen; in Wisconsin to eighteen and fifteen. All the states do not specify the degree of relationship at which marriages are forbidden; and those that do, are not uniform. Some states have forbidden marriages which come within what are called the Levitical degrees; but these degrees have received different interpretations. In England, where there

the prohibition to marry within the Levitical degrees is said to rest on the ecclesiastical or canon law. These degrees, as interpreted by this law, not only forbid all marriages between relations in the ascending and descending lines, but between those in the collateral line to more distant degrees than is done in most of our states. The relation of uncle and niece, and of aunt and nephew, come within this rule.

Nor does the common and canon law make any distinction between connections by consanguinity and connections by affinity; that is, relations by blood and relations by marriage. This would hold it as unlawful for a man to marry a deceased wife's sister as his own sister, or to marry a deceased brother's wife. It is contended, however, by many, that the Levitical law does not include such cases; by others, that it is not binding as a municipal regulation. By the statutes of New York, only marriages between relations in the ascending and descending lines, and between brothers and sisters of the half as well as whole blood, are declared to be incestuous and void. In Ohio, marriages between persons nearer of kin than first cousins are unlawful.

§ 2. In Massachusetts, seven years of willful absence of either party exempts the other from liability to the penalty of the law for a second marriage. If one party has been absent a year or more, and is believed to be dead, the other does not incur the penalty by a second marriage. In Ohio, in case of three years' willful and continual absence of one of the parties, the penalty would not attach to a second. marriage of the other. In New York, five years' absence of one party not known by the other to be living during that time, or being sentenced to imprisonment for life, would excuse from the penalty. But such second marriages, though excusable, would not be lawful. The first marriage contract would still be binding.

§ 3. To prevent the evils of clandestine and other improper marriages, the laws of Maine, New Hampshire, and Connecticut, require the publication of bans before marriage; which is a notice of a marriage contract proclaimed in a church or other public place; the object of which is, that any person may object, if he knows any good reason by the marriage should not take place. In Ohio, either

a