Imágenes de páginas

properly be communicated to both houses of parliament, it is expected that this communication should be made to both on the same day. But where a message was accompanied with an original declaration, signed by the party to which the message referred, its being sent to one house was not noticed by the other, because the declaration, being original, could not possibly be sent to both houses at the same time. 2 Hats. 260, 261, 262.

The king having sent original letters to the commons, afterwards desires that they may be returned, that he may communicate them to the lords. 1 Chandler, 303.

Each house shall transmit to the other all papers on which any bill or resolution shall be founded.-Joint R. of S. & A. 1.

When a bill or resolution which shall have passed in one house, is rejected in the other, notice thereof shall be given to the house in which the same may have passed. Ib. 2.

Messages from one house to the other, shall be communicated by the respective clerks of each house, unless the house transmitttng the message shall especially direct otherwise.—Ib. 3.



The house which has received a bill and passed it, may present it for the king's assent, and ought to do it, though they have not by message notified to the other, their passage of it. Yet the notifying by message is a form which ought to be observed between the two houses from motives of respect, and good understanding. 2 Hats. 242. Were the bill to be withheld from being presented to the king, it would be an infringement of the rules of parliament. Ib.

When a bill has passed both houses of congress, the house last acting on it, notifies its passage to the other, and delivers the bill to the joint committee of enrollment, who see that it is truly enrolled in parchment. When the bill is enrolled, it is not to be written in paragraphs,

but solidly and all of a piece, that the blanks between the paragraphs may not give room for forgery. 9 Grey 143.

When a bill has passed both houses of the legislature, the house last acting on it, notifies its passage to the other, and delivers the bill to the house where it was first brought forward. Then the house, where the bill was brought in, orders the clerk to deliver the excellency the governor. He delivers the

council chamber.

same to his

same at his

If he thinks it not improper that the same should become a law of this state, a memorandum of that import is endorsed upon the bill, and signed by the governor of the state, and dated the day of the approbation thereof. The bill is then deposited among the rolls and records in the office of the secretary of state; and the said governor, by the secretary of state, notifies by message, the house in which it originated, that he approves the same, of which that house informs the other by message. If he disapprove, he returns it with objections to that house in which it originated; who are to enter the objections at large on their journals, and to proceed to reconsider it, as set forth in the following section of the constitution of the state of New-York:

Every bill which shall have passed the senate and assembly, shall, before it become a law, be presented to the governor. If he approve, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members present, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted,) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, pre

vent its return; in which case it shall not be a law.Const. Sec. 1. Art. 12.



Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy.-Const. Sec. 4. Art. 1.

Upon a division, either in the house, or in committee of the whole house, the names of those who vote for, and those who vote against the question, shall be entered upon the minutes, if any ten members require it.—R. of A. 29.

Immediately after the speaker shall have taken the chair, the minutes of the preceding day shall be read by the clerk, to the end, that any mistakes therein may be corrected by the house.-R. of A. 2.

That in all cases where a bill, orders, resolutions or motion, shall be entered on the journals of this house, the name of the member moving the same, shall also be entered on the journals.-R. of A. 37.

A brief statement of the contents of each petition, memorial or paper presented to the house, is entered on the journals. All reports of committees, state officers and messages, and communications from the governor and state officers, &c. entered at length.

The proceedings of the assembly, when not acting in a committee of the whole, should be entered on the journals concisely, care being taken to detail a true account of the proceedings.

The titles of bills, and such parts thereof as shall be affected by proposed amendments, should be inserted on the journals.

So much of every clause, section or bill, &c. as a division of the house is taken upon, should be entered on the journals at length.

If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a votę,

nor introductory to any vote: but when suppressed by the previous question, the first question must be stated, in order to introduce and make intelligible the second.2 Hats. 83.

So also when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals; because it makes part of the vote of postponement, adjourning or laying it on the table.

Where amendments are made to a question, those amendments are not printed in the journals separated from the question; but only the question as finally agreed to by the house. The rule of entering in the journals only what the house has agreed to, is founded in great prudence and good sense; as there may be many questions proposed which it may be improper to publish to the world, in the form in which they are made. 2 Huts. 85.

In both houses of congress all questions whereon the yeas and nays are desired by one fifth of the members present, whether decided affirmatively or negatively, must be entered in the journals. Const. I. 5.

The first order for printing the votes of the house of commons, was October 30, 1685. 1 Chandler, 387.

Some judges have been of opinion, that the journals of the house of commons are no records, but only remembrances. But this is not law. Hob. 110, 111. Lex. Parl. 114, 115. Journ. H. C. Mar. 17, 1592. Hale Parl. 105. For the lords in their house have power of judicature, the commons in their house have power of judicature, and both houses together have power of judicature; and the book of the clerk of the house of commons is a record, as is affirmed by act of parliament; 6 H.8. c. 16. 4 Inst. 23, 24. and every member of the house of commons hath a judicial place. 4 Inst. 15. As records, they are open to every person, and a printed vote of either house is sufficient ground for the other to notice it. Either may appoint a committee to inspect the journals of the other, and report what has been done by the other in any particular case. 2 Hats. 261. 3 Hats. 27, 30. Every member has a right to see the journals, and take and publish votes from them. Being a record, every one may see and publish them. 6 Grey 118, 119.

On information of a misentry or omission of an entry in the journal, a committee may be appointed to examine and rectify it, and report it to the house. 2 Hats. 194, 5.



Neither house shall, without the consent of the other, adjourn for more than two days. Const. N. Y. Art. 1. Sec. 4.

The two houses of parliament have the sole, separate, and independent power of adjourning each their respective houses. The king has no authority to adjourn them; he can only signify his desire, and it is in the wisdom and prudence of either house to comply with his requisition, or not as they see fitting. 2 Hats. 232. 1 Blackstone 186. 5 Grey 122.

By the constitution of the United States, a smaller number than a majority may adjourn from day to day. I. 5. But neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting." 1. 5. And in case of disagreement between them with respect to the time of adjournment, the president may adjourn them to such time as he shall think proper. Constitution II. 3.

A motion to adjourn simply, cannot be amended as by adding" to a particular day." But must be simply "that this house do now adjourn?" and if carried in the affirmative, it is adjourned to the next sitting day, unless, it has come to a previous resolution "that at its rising it will adjourn to a particular day," and then the house is adjourned to that day. 2 Hats. 82.

Where it is convenient that the business of the house be suspended for a short time, as for a conference presently to be held, &c. it adjourns during pleasure. 2 Hats. 305. Or for a quarter of an hour. 5 Grey 331.

If a question be put for an adjournment, it is no adjournment till the speaker, pronounces it. 5 Grey 137. And from courtesy and respect, no member leaves his place till the speaker has passed on.

« AnteriorContinuar »