chairman informs him that the committee have gone through the business referred to them, and that he is ready to make report when the House shall think proper to receive it. If the House have time to receive it, there is usually a cry of "Now, Now," whereupon he makes the report; but if it be late, the cry is, "To-morrow, To-morrow," or, "On Monday," &c., or a motion is made to that effect, and a question put, that it be received tomorrow, &c.-Scob. 38.

In other things the rules of proceedings are to be the same as in the House.—Scob. 39.

SECTION XIII.

EXAMINATION OF WITNESSES.

COMMON fame is a good ground for the House to proceed by inquiry, and even to accusation.-Resolution of the House of Commons, 1 Car. 1, 1625; Rush. Lex. Parl. 115; 1 Grey, 16. 22. 92; 8 Grey, 21. 23. 27. 45.

Witnesses are not to be produced but where the House has previously instituted an inquiry, 2 Hats. 102, nor then are orders for their attendance given blank.-3 Grey, 51. The process is a summons from the House.-4 Hats. 255. 258.

When any person is examined before a committee, or at the bar of the House, any member wishing to ask the person a question, must address it to the Speaker or chairman, who repeats the question to the person, or says to him, "You hear the question, answer it." But if the propriety of the question be objected to, the Speaker directs the witness, counsel, and parties to withdraw; for no question can be moved, or put, or debated, while they are there.-2 Hats. 108. Sometimes the questions are previously settled in writing before the witness enters.-2 Hats. 106, 107; 8 Grey, 64. The questions asked must be entered in the journals.-3 Grey, 81. But the testimony given in answer before the House is never written down; but before a committee it must be for the information of the House, who are not present to hear it.-7 Grey, 52, 334.

If either House have occasion for the presence of a person in custody of the other, they ask the other their leave that he may be brought up to them in custody.-3 Hats. 52.

A member, in his place, gives information to the House of what he knows of any matter under hearing at the bar.―Jour. H. of C., Jan. 22, 1744, 5.

Either House may request, but not command, the attendance of a member of the other. They are to make the request by message to the other House, and to express clearly the purpose of attendance, that no improper subject of examination may be tendered to him. The House then gives leave to the member to attend, if he choose it; waiting first to know from the member himself whether he chooses to attend, till which they do not take the message into consideration. But when the Peers are sitting as a court of Criminal Judicature, they may order attendance; unless where it be a case of impeachment by the Commons. There it is to be a request.-3 Hats. 17; 9 Grey, 306. 406; 10 Grey, 133.

Counsel are to be heard only on private, not on public bills; and on such points of law only as the House shall direct.-19 Grey, 61.

SECTION XIV.

ARRANGEMENT OF BUSINESS.

THE Speaker is not precisely bound to any rules as to what bills or other matter shall be first taken up, but is left to his own discretion, unless the House on a question decide to take up a particular subject.-Hakew. 136.

A settled order of business is, however, necessary for the government of the presiding person, and to restrain individual members from calling up favorite measures, or matters under their special patronage, out of their just turn. It is useful also for directing the discretion of the House, when they are moved to take up a particular matter, to the prejudice of others having a priority of right to their attention in the general order of busi

ness.

In Senate, the bills and other papers which are in possession of the House, and in a state to be acted upon, are arranged every morning, and brought on in the following order:

1. Bills ready for a second reading are read, that they may be referred to committees, and so be put under way. But if, on their being read, no motion is made for commitment, they are then laid on the table in the general file, to be taken up in their just turn.

2. After twelve o'clock, bills ready for it are put on their passage.

3. Reports in possession of the House which offer grounds for a bill, are to be taken up, that the bill may be ordered in.

4. Bills or other matters before the House, and unfinished on the preceding day, whether taken up in turn, or on special order, are entitled to be resumed and passed on through their present stage.

5. These matters being despatched, for preparing and expediting business, the general file of bills and other papers is then taken up, and each article of it is brought on according to its seniority, reckoned by the date of its first introduction to the House. Reports on bills belong to the dates of their bills.

In this way we do not waste our time in debating what shall be taken up: we do one thing at a time, follow up a subject while it is fresh, and till it is done with; clear the House of business, gradatim as it is brought on, and prevent, to a certain degree, its immense accumulation towards the close of the session.

Arrangement, however, can only take hold of matters in possession of the House. New matter may be moved at any time, when no question is before the House. Such are original motions, and reports on bills. Such are, bills from the other House, which are received at all times, and receive their first reading as soon as the question then before the House is disposed of; and bills brought in on leave, which are read first whenever presented. So, messages from the other House respecting amendments to bills, are taken up as soon as the House is clear of a question, unless they require to be printed for better consideration. Orders of the day may be called for, even when another question is before the House.

SECTION XV.

ORDER.

EACH House may determine the rules of its proceedings; punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.-Const. I. 5.

In Parliament, "instances make order," per Speaker Onslow, 2 Hats. 144; but what is done only by one Parliament, cannot be called custom of Parliament: by Prynne, 1 Grey, 52.

SECTION XVI.

ORDER RESPECTING PAPERS.

THE Clerk is to let no journals, records, accounts, or papers, be taken from the table, or out of his custody.-2 Hats. 193, 194. Mr. Prynne having, at a committee of the whole, amended a mistake in a bill, without order or knowledge of the committee, was reprimanded. 1 Chand. 77.

A bill being missing, the House resolved, that a protestation should be made and subscribed by the members, "before Almighty God and this honorable House, that neither myself nor any other, to my knowledge, have taken away, or do at this present conceal a bill entitled," &c.—5 Grey, 202.

After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into.-Town. col. 209.

SECTION XVII.

ORDER IN DEBATE.

WHEN the Speaker is seated in his chair, every member is to sit in his place.-Scob. 6; Grey, 403.

When any member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the House, or any particular member, but to the Speaker, who calls him by his name, that the House may take notice who it is that speaks.— Scob. 6; D'Ewes, 487, col. 1; 2 Hats. 77; 4 Grey, 66; 8 Grey, 108. But members who are indisposed may be indulged to speak sitting.-3 Hats. 75, 77; 1 Grey, 195.

In Senate, every member, when he speaks, shall address the chair, standing in his place; and when he has finished, shall sit down.-Rule 3.

When a member stands up to speak, no question is to be put; but he is to be heard, unless the House overrule him.-4 Grey, 390; 5 Grey, 6, 143.

If two or more rise to speak nearly together, the Speaker determines who was first up, and calls him by name; whereupon he proceeds, unless he voluntarily sits down, and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision; in which case, the question is put, "which member was first up?"-2 Hats. 76; Scob. 7; D'Ewes, 434, col. 1, 2.

In the Senate of the United States, the President's decision is without appeal. Their rule is in these words:- When two members rise at the same time, the President shall name the person to speak; but in all cases, the member who shall first rise and address the chair, shall speak first.—Rule 5.

No man can speak more than once to the same bill, on the same day; or even on another day, if the debate be adjourned. But if it be read more than once, in the same day, he may speak once at every reading.-Co. 12, 116; Hakew. 148; Scob. 58; 2 Hats. 75. Even a change of opinion does not give a right to be heard a second time.-Smyth. Comw. L. 2. c. 3; Arcan. Parl. 17.

The corresponding rule of the Senate is in these words:-No member shall speak more than twice in any one debate on the same day, without leave of the Senate. -Rule 4.

But he may be permitted to speak again to clear a matter of fact.-3 Grey, 357,416. Or merely to explain himself, 3 Hats. 73, in some material part of his speech, ib. 75; or to the manner or words of the question, keeping himself to that only, and not travelling into the merrits of it, Memorials in Hakew. 29; or to the orders of the House, if they be transgressed, keeping within that line, and falling into the matter itself.—Mem. Hakew, 30, 31.

But if the Speaker rises to speak, the member standing up ought to sit down, that he may be first heard. Town. col. 205; Hale. Parl. 133; Mem. in Hakew. 30, 31. Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge then he may, with their leave, state the matter of fact.-3 Grey, 38.

No one is to speak impertinently or beside the question, super