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The Pamphlet Collection of Sir Robert Stout: Volume 25
II.—Rules of Debate, Divisions, Amendments, &c
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39. Every member desiring to speak shall rise in his place, uncovered, and address himself to Mr. Speaker, or, in Committee, to the Chairman.
40. All motions shall be duly seconded before being proposed from the Chair (except in Committee of the whole); and if not so seconded, shall be forthwith dropped, and no entry be made thereof in the Journals.
41. After a motion shall have been proposed from the Chair, it shall be deemed to be in possession of the Council, and shall not be withdrawn or altered without the unanimous consent of the Council.
42. A motion having been moved and seconded, and the question thereupon proposed from the Chair, any question of order, or any matter of privilege, which may arise, shall supersede the consideration of the original question, and must be first disposed of.
43. While Mr. Speaker is putting a question, no member shall walk out of, or across the House; nor while a member is speaking, shall any member hold discourse to interrupt him, nor pass between him and the Chair.
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49. No member shall speak twice (except in Committees of the whole Council) on the same question, unless in explanation on some material point of his speech on which he had been misrepresented or misunderstood, and without introducing any new matter; but the mover of any question, not being an amendment, shall be allowed the liberty of reply; and after such reply, it shall not be competent to any member to speak to the subject in debate. And it shall be competent to a member, when he seconds a motion or amendment without speaking to it, to address the Council on the subject of such motion or amendment at any subsequent period of the debate.
50. Whenever any matter of privilege arises, it shall immediately be taken into consideration.
51. In course of a debate upon a question, any member who has not spoken on the original question, may move (except when a member is in possession of the Chair) "That this Council do now adjourn:" but no discussion shall take place on the original question; and if this second question is resolved in the affirmative, the 'original question shall be held to be entirely superseded; and the Council shall immediately adjourn till the next usual hour of commencing a sitting; and if the motion for adjournment be negatived, it shall not be
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competent to propose it again without some intermediate proceeding.
56. If the previous question ("that this question be now put") be resolved in the affirmative, the original question is to be put forthwith, without any amendment or debate.
57. A question for considering the Orders of the Day, and also "the previous question" may be superseded by the adjournment of the Council.
58. The debate upon a question may be
interrupted: (1) By a matter of privilege
suddenly arising; (2) By words of heat
between members; (3) By questions of order; (4) By a message from the Superintendent;
(5) By a motion for reading an
Act of Parliament, an entry in the Journals or other public document, relevant to the question before the Council.
59. The Council may order a complicated question to be divided.
60. So soon as a debate upon a question is concluded, Mr. Speaker puts the question
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to the Council; and if the same should not be heard, will again state it to the Council.
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66. No member shall be entitled to vote upon any question in which he has a direct pecuniary interest, either in the Council or Committee, and the vote of any member so interested will be disallowed.
II.—Rules of Debate, Divisions, Amendments, &c.
Members to address the chair
Motions must be seonded.
When read a motion to be deemed in possession of the Council.
Questions of order or privilege to supersede original motion.
Interruptions.
44. Whenever Mr. Speaker rises during a
debate, any member then speaking, or offering to speak, shall sit down, and the Council is to be silent, so that Mr. Speaker may be heard without interruption.
When Mr Speaker rises Council to be silent.
45. A member called to order by Mr.
Speaker shall sit down, unless permitted to explain.
Call to Order.
46. If in consequence of highly disorderly
conduct, Mr. Speaker shall call upon any member by name, such member shall withdraw as soon as he has been heard in explanation; and after such member's withdrawal, the Council shall at once take the case into consideration.
Member called upon by name after explanation to withdraw.
47. In the case of a charge against a
member for any breach of the Orders of the Council, or on account of any matter that has arisen in debate, the charge shall be stated, and the question moved before the member accused shall withdraw; he shall then be allowed the opportunity of explaining to the Council the motives of his conduct in the matter alleged against him, and, after having so done, he shall withdraw.
Breach of order by a member: procedure.
48. Any member may of right require
the question or matter in discussion to be read for his information at any time during the debate, but not so as to interrupt a member speaking.
page 12A member may request that any question under discussion may be read.
Member not to speak twice on the same question. Exceptions.
Questions of privilege-
Motion "That the Council do now adjourn.
competent to propose it again without some intermediate proceeding.52. In like manner, in course of a debate,
any member who has not spoken on the original question, may move (except when a member is in possession of the Chair) "That this debate be now adjourned:" but Mr. Speaker shall confine the discussion as nearly as may be to the question of adjournment, and if such motion be carried, its effect will be merely to defer the decision of the Council on the original question; and if the motion for adjournment be negatived, it shall not be competent to propose it again without some intermediate proceeding.
Motion "That' the debate be now adjourned"
53. When the motion for the adjournment
of a debate has been agreed to, the Council shall forthwith fix a day for the resumption of such debate.
Resumption of debate.
54. The member upon whose motion any
debate shall be adjourned, shall be entitled to pre-audience on the resumption of the debate.
Mover of such motion to be titled to pre-audience
55. A question may be superseded: (1) By
the adjournment, of the Council, either on the motion of a member "That this Council do now adjourn;" or, on notice being taken, and it appearing that a quorum is not present: (2) By a motion "That the
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Orders of the Day be now considered;" which motion, however, is restricted to days on which Notices have precedence of Orders
of the Day: (3) By the previous question, viz., "That this question be now put," being
proposed and negatived (but this cannot be proposed in Committee); and (4) By amendment.
Questions superseded. 1. By adjournment.
2. By considering orders of the day.
3. By previous Question.
4. By Amendment.
If previous question resolved in the affirmative.
Previous Question superseded by adjournment
Debates interrupted.
1. Privilege.
2. Words of heat.
3. Points of order.
4. Message.
5. Reading documents.
Complicated questions may be divided.
Question' "put" and again stated.
to the Council; and if the same should not be heard, will again state it to the Council.61. A question being put, is resolved
in the affirmative or negative by the majority of voices "Aye," or "No."
Question determined by majority of voices.
62. Mr. Speaker states whether, in his
opinion, the "Ayes" or the "Noes" "have it," and unless his opinion is acquiesced in by the minority, the question is determined by a division.
Mr Speaker states whether ayes or noes have it.
63. Immediately after a call for a division
the bell shall be rung, and at the expiration of three minutes, denoted by a sand-glass, the doors shall be locked, when Mr. Speaker shall again put the question, and if a division still be insisted on, direct the "Ayes" to go to the right and the "Noes" to the left, and appoint two tellers for each side. If on one of the sides there be not two tellers, Mr. Speaker shall declare the resolution as previously decided on the voices.
Procedure on call for division.
64. An entry of every division list shall
be made by the Clerk in the Journals.
Divisions to be entered in journals.
65. In case of an equality of votes, Mr.
Speaker shall give a casting vote; and any reasons stated by him may, if he so desire and shall order it, be entered in the Journals.
page 16Casting vote.
No member to vote if personally interested.