36. A motion to adjourn takes precedence of a motion for a recess.1

37. A motion for a recess in the day's session cannot be amended by a motion to adjourn' to a particular day.3

38. When a bill has been passed, and submitted to the Executive for his approval during a recess, and which is filed, without approval, the House may direct a re-enrolment of the bill, that it may be again submitted for approval.'

[In this case the President refused to sign the bill, on the plea that it was presented to him after Congress had adjourned, whereas a recess only was ordered from 30th March, 1867, to 3d July, 1867.]

39. If evening sessions have been ordered by the House, and a motion "to adjourn" is made before the regular hour at which a recess is taken, to the hour of the evening session, and it passes in the affirmative, the adjournment carries the House to the next sitting day.5

40. Where the time for meeting is fixed by rule, it will require a two-thirds vote to adjourn to a later period of time.

41. "Where a motion is made to adjourn before the hour for taking the recess has arrived, and the yeas and nays are ordered to be taken upon the motion, the roll-call must be completed, and the result of the vote must be announced by the chair, even though the roll-call is not completed, until after the hour for taking the recess has expired; and if the question is decided in the affirmative, the House stands adjourned until the morrow." 42. The constitutional expiration of an assembly, is the only thing that can arrest the call of the roll after it has begun.

8

43. The continuation of a session into the next day, is but the legislative day of that preceding, and so remains until the House adjourns.9

44. The passing of any bill or bills, by giving the royal assent thereto, or the giving any judgment in Parliament, doth not make a session; but the session doth continue until prorogued, or dissolved.1

45. The difference between a prorogation, and an adjournment, or continuance of the Parliament, is, that by the prorogation in open court there is a session; and then such bills as passed either, or both Houses, and had no royal assent to them, must at the next Assembly begin again.2

46. Every several session of Parliament is in law a several Parliament; but if it be but adjourned, or continued, then there is no session, and consequently all things continue in the same. state they were in before the adjournment, or continuance.3

47. The adjournment, or continuance, is much more beneficial for the Commonwealth for expediting of causes, than a prorogation.1

48. "The sovereign may adjourn the Parliament, as well as the Parliament adjourn itself.”5

49. "When a Parliament is called, and doth sit, and is dissolved without any Act of Parliament passed, or judgment given, it is no session of Parliament, but a convention.” 6

50. If there be divers sessions in one Parliament, and the King signs not a bill till the last, there all is but one, and the same day; and all shall have relation to the first day of the first session, and the first day, and the last are but one Parliament, and one, and the same day, unless special mention be made in the act when it shall take its force."

51. By a vote upon a prorogation of Parliament, bills may remain in the same state they were in, and upon the next meeting may be taken up in course.8

14 Inst. 27. Lex Parl. 348. 24 Inst. 27.

3 Ibid. Lex Parl. 350. Hutton 61. Brook, tit. Parl. 86.

44 Inst. 28. (See Rushworth's Col. 537, upon the order of the House of Commons for a recess against the King's wishes.)

5 D'Ewes Jour. Col. 2. 318.

64 Inst. 28. Hutton 61. D'Ewes Jour. Col. 1. 407.

7 Arc. Parl. 93. Crompton's Jour. 7, 12, C-336. Lex Parl. 352.

8 House of Commons' Jour. 18th February 1666. Burnet's Reformation, Vol. I. p. 276.

AMENDMENT.

52. When a question is under debate, no motion shall be received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged.

53. A motion to strike out the enacting words of a bill takes precedence of a motion to amend.1 See BILLS.

The question on striking out, and inserting, is, that the words proposed to be left out stand part of the question."

54. In the House of Commons every amendment must be proposed, and seconded in the same manner as an original motion, and if it is not seconded, the amendment is not proposed by the Speaker, but drops as a matter of course.3

55. A bill cannot be amended on the first reading.

56. If the motion to amend is pending when a demand for the previous question is made, it is not cut off by the order of the previous question.

57. An amendment may be moved to an amendment, but it is not admitted in another degree. But it is the well-settled practice of the House of Representatives in Congress, that there may be pending at the same time with such amendment to the amendment, an amendment in the nature of a substitute for part, or the whole of the original text, and an amendment to that amendment.5 See BILLS.

58. An amendment of the House to a Senate amendment is only in the first degree as to the Senate; the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to."

59. Any amendment to perfect an amendment of the other branch is in order, before voting upon any substitute."

16 Grey 286.

5 Jeff. Man. 2 35. H. Jour. I. 31.

213 Parl. His. 701, 1394. 12 Parl. 1074, 1075. Deb. 45.

3 May 185. May 281. Lex Parl.

6 Jeff. Man. 2 45

Cong. Globe II. 39. 1591.

60. "When it is proposed to amend by inserting a paragraph, or part of one, the friends of the paragraph may make it as perfect as they can, by amendments, before the question is put for inserting it. If it be received, it cannot be amended afterwards, in the same stage, because the House has, on a vote, agreed to it in that form." But an amendment which has been inserted may be added to.1

61. An amendment may be made to a question-1. By leaving out certain words; 2. By leaving out certain words in order to insert, or add others; 3. By inserting, or adding certain words.2

62. The proper time for moving an amendment is after a question has been proposed by the Speaker, and before it has been put.3

4

63. If it is proposed to amend by striking out a paragraph, or certain words, and on the question it be retained, it cannot be amended afterwards to leave out the same words, or a part of them; but it may be moved to leave out the same words with others, or a part of them with others, provided the words so proposed to be left out, do, in fact, constitute a different proposition from that already decided.5

64. If an amendment by leaving out is agreed to, the same ruling as above applies. For instance :

(1). The question if desired is then to be divided, and the motion first put is on striking out:7

If carried, it is next on inserting the words proposed:

If that be lost, it may be moved to insert others.8

"A motion is made to amend by striking out certain words, and inserting others in their place, which is negatived;"

“Then it is moved to strike out the same words, and to insert others of a tenor entirely different from those first proposed; It is negatived: 10

1 Jeff. Man. 235. H. Jour. I. 19.

794.

2 May 180. 2 Hats. 80.

8 May 180, 181.

Cong. Man. 102.

5 Jeff. Man. 235.

6 See May 183.

7 Jeff. Man. ? 35.

8 2 Hats. 80, 7.

9 Jeff. Man. 235.

10 Ibid.

"Then it is moved to strike out the same words, and insert nothing, which is agreed to.'

"All this is admissible, because to strike out, and insert A, is one proposition;2

"To strike out and insert B, is a different proposition;3

"And to strike out and insert nothing, is still different;* "And the rejection of one proposition does not preclude the offering a different one."

"Nor would it change the case were the first motion divided by putting the question first on striking out, and that negatived; for, as putting the whole motion to the question at once would not have precluded, the putting the half of it cannot do it."

"But if it had been carried affirmatively to strike out the words, and to insert A, it could not afterwards be permitted to strike out A and insert B."

"The mover of B should have notified, while the insertion of A was under debate, that he would move to insert B; in which case those who preferred it would join in rejecting A.8

"Questions for amending both sets of words must be taken before the question is proposed on striking out, and inserting.9 Although it is not in order to strike out by itself what has been inserted, it may be moved to strike out a portion of the original paragraph, comprehending what has been inserted, provided the coherence to be struck out be so substantial as to make this effectively a different proposition.

99 10

65. When it is proposed to amend by striking out certain words, and inserting others, the manner of stating the question. is-first to read the whole passage to be amended as it stands ; then the words proposed to be struck out; next those to be inserted; and lastly, the whole passage, as it will stand when