regarded in the light of an ordinary petition concerning a bill before the House, and not requiring special consideration.1

324. The petitioners cannot be heard by the committee, if their petition should appear to have been presented after the time specified in the standing orders, without a special instruction from the House."

325. The ordinary proceedings of a committee on a private bill, are the same as those of other select committees.

326. The preamble of a private bill is first considered."

327. When the arguments, and evidence upon the preamble have been heard, the room is cleared, and a question is put, "That the preamble has been proved;" and affirmed, or denied by the committee. If affirmed, the committee call in the parties, and go through the bill, clause by clause, and fill up the blanks; and when petitions have been presented against a clause, or proposing amendments, the parties are heard in support of their objections, or amendments as they arise; but clauses may be postponed, and considered at a later period in the proceedings, if the committee think fit." See 188.

328. When all the clauses of the bill have been agreed upon, new clauses may be offered either by members of the committee, or by the parties. The committee may not admit clauses, or amendments which are not within the order of leave, or not authorized by a previous compliance with the standing orders.

329. If the proof of the preamble be negatived, the committee report at once to the House, "that the preamble has not been proved to their satisfaction." This is the only report required to be made; and although the House had affirmed the principles of the bill on the second reading, no reasons are given by the committee for thus practically reversing the judgment of the House."

330. Committees on private bills have no power of sending

for persons, papers, and records. If the parties desire to compel the attendance of an adverse or unwilling witness, it is done through a special report of the committee, upon which an order is made by the House to oblige the witness to attend, and give evidence.1

331. Unless the bill be recommitted by the House, with express reference to particular provisions, the whole bill is open to reconsideration in committee."

332. After the third reading, it is too late to recommit a bill." 333. In other respects, the proceedings on the third reading are the same as in public bills.*

334. If a committee adjourn, without naming another day for resuming their sittings, they have no power of reassembling without an order from the House.5

335. The report of the bill, when first made to the House by the chairman, is ordered to lie upon the table, and its consideration is not entered upon until a future day.

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336. On the consideration of the report, the House may agree, or disagree to the amendments of the committee, and may introduce new clauses, or amendments; but this latter power is restricted in the case of private bills, by the standing orders."

337. Every clause, or amendment proposed to the House, either at this stage, or on the third reading, is referred to the committee on standing orders; and no further proceeding on the bill is entertained until their report has been received.

338. A private, or particular act is always filed, but never enrolled.9

CALL OF THE HOUSE.

339. The calling of the House is chiefly to discover what members are absent without leave of the House, or just cause; in which case fines have been imposed.1

340. "A call is not in order after the previous question is seconded, unless it appears upon actual count by the Speaker, that no quorum is present."

341. A call of the House may be moved before the Journal is read, if no quorum is present.3

342. It is not in order to take a recess pending a call unless by unanimous consent. (No motion except to adjourn, or with reference to the call, is ever entertained during a call.)5

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343. An adjournment pending a call terminates all proceedings under it; where an order has been passed specially directing otherwise, such direction should be executed."

344. Where the motion for a "call" is defeated, a second motion for a 66 call" is not in order until some parliamentary action intervenes. A motion for a "call" cannot be suppressed by a motion to lie on the table; it must be decided by a direct vote, or an adjournment, which will defeat the “call," and discharge all members from arrest made after the call.10

345. Orders under a "call" do not affect members who have "paired off."

346. A motion for a call of the House may be made at any time, and upon any business," except during the operation of the previous question-unless upon actual count no quorum is present.12

347. On motion for the previous question, and prior to seconding the same, a call of the House is in order;1 but after a majority shall have seconded the motion no call shall be in order prior to the decision of the main question.2

348. On motion to recommit with instructions3 to postpone indefinitely, and unless such a motion is restrained, or regulated by some rule, it will take precedence of, and suspend any other motion then pending, whether principal, or subsidiary. If sustained, it will supersede these motions respectively as well as the subjects upon which they are moved, until the proceedings under the call are at an end."

349. The motion for a call of the House must be decided by a direct vote; the privilege to be excused from voting does not apply to motions for a call of the House.

350. A motion to reconsider a vote upon ordering a call cannot be entertained."

351. Where the motion for a "call" passes in the negative, the subject-matter upon which the "call" was ordered, may be reconsidered, or withdrawn.10

352. A minority cannot, under a " call," entertain a resolution requiring absentees to give excuses the next day;" but if a majority are present during the call, it has been held that they can.12

353. A motion for a call of the House, pending a motion to reconsider a vote, is not in order,13 except under certain restrictions. See RECONSIDER, MOTION TO.

354. A motion for a call of the House is not in order between the demand for the previous question, and before the motion is seconded.15

113 Cong. Globe 335.

2 H. Jour. I. 32. 813; I. 26. 233, 1205. Cong. Man. 94. H. Jour. III. 37. 263, 265.

3 H. Jour. II. 9. 264. 4 Ibid. I. 20. 1041.

5 Ibid. I. 21. 669.

6 C. L. & P. 437 et seq.

7 H. Jour. I. 20. 1041.

8 H. Jour. I. 31. 1538, 1539.

9 Cong. Globe I. 39. 945.

10 20 Ibid. 177.

11 H. Jour. I. 29. 1048.

12 Speaker Colfax.

13 H. Jour. II. 29. 254, 255.

14 Speaker Colfax.

15 Cong. Man. 123.

355. In the House of Representatives fifteen members, including the Speaker, if there is one, constitute a quorum that can authorize a "call" to compel the attendance of members; and until a quorum of the House is obtained no motion is in order, except for a call, or to adjourn.1

356. The manner of enforcing attendance in the various legislative assemblies in this country is substantially the same. 357. Members under arrest cannot participate in the proceedings of the House."

358. A motion for a call of the House is not in order after the main question has been ordered, unless upon actual count no quorum appeared."

359. Every member of the Parliament is under a constitutional obligation to attend the service of the House to which he belongs. On ordinary occasions, however, the attendance of members upon their service in Parliament is not enforced by any regulation; but when any special business is about to be undertaken, means are taken to secure their presence by what is known as a "call." 5

360. When the House of Commons is ordered to be called over, it is usual to name a day which will enable the members to attend from all parts of the country; but the interval between the order, and the call has varied from one day to six weeks."

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361. If it be really intended to enforce the call, not less than a week, or ten days should intervene between the order, and the day named for the call.

362. On the day appointed for the call the order of the day is read, and proceeded in, or discharged at the pleasure of the House.8

363. The names of members who do not answer when called are taken down by the Clerk of the House, and are afterwards called over again." If they appear at the second calling, or

1 Rule 34, H. of R.

2 18 Cong. Globe 928. May 265.

310 Cong. Globe 224.

4 Cong. Globe III. 37. 577.

6 87 Com. Jour. 311.

7 77 Ibid. 101.

8 May 149.

9 Scob. 85. Lex Parl. 370.