the table does not carry with it the whole subject.1 See LIE ON THE TABLE, MOTION TO.

[Of late years this motion is almost invariably made in cases of an appeal; and, if carried, its effect is considered equivalent to a vote sustaining the decision of the chair.2]

138. Where a motion is made, after an appeal is taken, to lay the resolution on the table, which failing, the resolution is then modified, in a way as to involve the privilege of the House-the appeal falls, and the question of privilege must be entertained. before other business.3

139. It is too late to renew a question of order on a series of resolutions, which has been overruled on the preceding day, when debate has been allowed to progress after the decision of the chair.

140. It is also too late to raise a question of order on a motion to recommit with instructions, after the motion had been entertained without objection on a former day, and entered on the Journal.5

141. A question of order just decided on appeal cannot be renewed, even upon different grounds, and for other reasons.

142. Where an appeal has been decided, and by virtue of such decision a bill taken up, and passed, it is too late to move a reconsideration of the vote on the appeal."

143. Pending the election of Speaker, the Clerk shall decide all questions of order that may arise, subject to appeal to the House.8

144. An appeal is not in order while another appeal is pending.9

"The form of stating the question on an appeal is: 'Shall the decision of the Chair stand as the judgment of the House?'" 10

145. An appeal may be withdrawn by the mover, and may be renewed by him, or some other member, and the decision thereon may be reconsidered."

146. An appeal may be debated; although the proceeding out of which it arises is not debatable. A motion upon which an appeal is founded may be modified or withdrawn ; in which latter case the appeal falls.

6

147. If an adjournment takes place while an appeal is pending, the appeal goes over, with the business to which it belongs." "When taken in Committee of the Whole the same result follows." See title QUESTION, when appeal presents same question.

148. When an appeal is taken from the decision of the Chair it must be reduced to writing before it will be submitted to the House.9

149. Where an appeal is taken on excusing a member from voting, it is not in order to ask to be excused from voting on the motion to lay the appeal on the table, as it involves the point on which the appeal is taken.10 See VOTE.

150. When an appeal partakes of the character of the original motion to lay on the table, it is not debatable; but the presiding officer has the right to state his decision to the House on the point of order, with the reasons for his decision.11

151. The previous question may be moved upon an appeal, and the question thereon may be taken by the yeas and nays.12

BAR OF HOUSE.

152. In order to be entitled to vote, and to be within the bar of the House, a member must be upon the floor of the hall, and within the walls enclosing the same, and not outside any of the doors leading out of the hall.13

1 H. Jour. 7. 76. Reg. of Deb. 11. Part I. 965.

3 Reg. of Deb. 12, Part 2. 2536.

58 Cong. Globe 359.

H. Jour. IV. 152; I. 26. 673; 10 Cong.

8 15 Cong. Globe 359.

11 Ibid. 21. 832; 23. 512.

9 Ibid. 11. 176.

28 Cong. Globe 65.

4 Ibid. 1970; 8 Cong. Globe 65.

6

Reg. of Deb. 7. 404.

Globe 301; 9 Ibid. 124.

10 Ibid. I. 35. 600; III. 37. 597. 12 Ibid. 14. 369; 8. 247; 10. 154. 18 H. Jour. I. 35. 337.

153. The rule excluding strangers from the bar of the House applies to such parts of the House only as are appropriated for the exclusive use of members. Galleries, and certain places below are set apart for strangers; yet the exclusion of strangers can at any time be enforced without an order of the House; for, on a member taking notice of their presence, the Speaker is obliged to order them to withdraw without putting a question.1 See DIVISION OF THE HOUSE.

BILLS.

154. Title. No law shall embrace more than one subject, which shall be expressed in its title.

"In a legal sense the title of an act is no part of the law." "In a parliamentary sense the title, though a formal, is nevertheless an essential, and important part of a bill."

By constitutional enactment of most of the States, "No law shall embrace more than one subject, which shall be expressed in its title."

155. In preparing bills, care must be taken that they do not contain provisions not authorized by the order of leave, and that they are prepared in the proper form; for, if it should appear during the progress of a bill, that these rules have not been observed, the House will order it to be withdrawn2 for a new bill to be introduced.3

156. If, however, the bill has been made the subject of an order, the order must first be discharged, when the motion for withdrawal may be made; and this motion may be debated and decided like other motions in the progress of a bill.5

157. Enacting Words. "Where enacting words are prescribed, nothing can be a law which is not introduced by those very words, even though others, which are equivalent, are at the time used."

1 May 164.

2 Ibid. 275.

3 25 Parl. His. 901.

4 C. L. & P. 2235.

5 Ibid. 2339.

6 Ibid. 2102.

E

"All men of law know that a bill which is only expository to expound the common law doth enact nothing, neither is any Proviso good therein."1

158. Whenever a title is reported from a Committee of the Whole, with a recommendation to strike out the enacting words, and such recommendation is disagreed to by the House, the bill shall stand recommitted to the said Committee without further action by the House."

159. By the methods of proceeding in the House of Commons, no bill can be brought into that House till some member rises up in his place and moves for leave to bring in such a bill, and if the majority of the House agrees to the motion they then name a committee for drawing up the bill, and this committee then present it to the House.3

160. In the House of Lords, every Lord has the privilege of presenting to that House any bill he pleases to draw up, which bill is always read the first time, then upon a motion for second reading a debate ensues, if any Lord is against bringing in, or passing, such bill.*

161. Whether, when not prescribed, a joint resolution, and bill, can have the force of law, depends upon each of the respective Constitutions under which an Assembly is convened.

162. A motion to strike out enacting words takes precedence of a motion to amend, and if carried shall be considered equivalent to its rejection.5

"In

163. "Nothing short of a statute can repeal a statute. the English Houses of Parliament, a rule prevails that no bill can be introduced in repeal of, or in opposition to, any law passed at the same session; and in order to obviate this it is there the practice to insert in every bill a clause providing that the act may be amended or repealed at the same session." No general rule or practice of this kind prevails in this country.

164. Preamble. "The influence of the preamble has a foundation in the exposition of every code of written law, upon the universal principle of interpretation, that the will, and intention of the Legislature is to be regarded, and followed. The preamble is properly referred to when doubts, or ambiguities arise upon. the words of the enacting part.

"The preamble can never enlarge; it cannot confer any powers per se. Its true office is to expound powers conferred, not substantially to create them."1

165. "It is well settled that where the intention of the legislature is clearly expressed in the purview the preamble shall not restrain it, although it be of much narrower import." 2

166. "If a clear, and definite remedy is given by the act, the preamble cannot be used to introduce one more extensive.”3 Its office is to ascertain the intention of the law-making power.

"The appropriate functions of a Legislature are to make laws to operate on future incidents, and not a decision or forestalling of rights accrued, or vested under previous laws."

5

167. "The true meaning of the statute is generally to be sought in the purview, providing part, or body of the act ;" and when this is clear, and express, neither preamble, nor title will avail to contradict or overrule it."

168. "The purview of an act may be qualified, or restrained by a saving clause in the statute." "But a saving clause which is directly repugnant to the purview, or body of the act, and cannot stand without rendering the act inconsistent, and destructive of itself, is to be rejected."8

169. "A proviso repugnant to the purview of the statute renders it equally nugatory and void as a repugnant saving clause."9

170. Schedule.

"When, for the purpose of a more than usu

Story's Com. on Const.

2 Sedgwick on Stat. Law 55.

3 Ibid. 56.

4 Ibid. 57.

5 Ibid.
6 Ibid. 58.

7 2 Dwarris 513.

8 Sedgwick on Stat. Law 60. Plow

den 564. 2 Dwarris 513, 515.

91 Kent's Com. 463. 2 Dwarris 515.