1 8 5 G. flcto
STANDING ORDERS OF THE HOUSE OF REPRESENTATIVES.
AUCKLAND: PRINTED BY WILLIAMSON AND WILSON, TOII THE NEW ZEALAND GOVERNMFNT. 1856.
ANALYSIS.
GENERAL CONDUCT OF BUSINESS. MOTIONS. 1. Speaker to decide in cases not provided for. 55. Notices of motion, when to be given. 2. Absence of Speaker. 56. No motion to be brought on without notice. 3 & 4. Hearing of Governor's Speech. 57. Notices of motion not to extend beyond certain 5. Sitting days. period. 6. Hours of meeting. 58. Motions for printing. 7. Prayers.—No House. 59. Motions and orders of the day, their order of 8. Quorum. precedence. 9. House may be counted. 60. Absence of Members by whom notice of motion 10. Namesof Members present to be recorded. has been given. It. Call of the House. 61. Withdrawal of motions. 12. Motion to close debate. 62. Orders of the day to be taken at certain hours. 13. Course of proceeding if such motion be adopted. 63. Motions for despatches or correspondence. 14. Speaker to declare majority by sound of voices. 64. Motions for returns. 15. Division, how to be »-n-.T>r» /-vTn*cfT<vKris 16. On Division doors to be locked, &c. LAPaED QUESTIONS. 17. — Members not to leave the House. 65. Debate on motion interrupted by count-out. 18. Strangers to withdraw. 66. Debate on order of the day similarly inteirupted. 19. Entry of division lists. 67. Debate interrupted by adjournment. 20. Transmission of Addresses to Governor. 68. Debate in committee similarly interrupted. 21. Members may require question in debate to be 69. Renewal of lapsed notices of motion. stated. 70. Lapsed orders of the day. how to be replaced. 22. No Member to speak twice. Exceptions. m , T r c 23. Members to address the Chair. PUBLIC lil-LLS, 24. Consideration of matters of Privilege _or Order. 71. Initiation of Bills. 25. Motions to be seconded. 72. Preparation of Bill. j 26.1 73. Matter not be irrelevant to title. * 27. > Motions for adjournment. 74. Temporary Bill not to contain perpetual clauses. 28. J 75. First and second reading. 29. Pre-audience on resumption of adjourned de- 76. Bills, when to be printed. bate. 77. Order for second reading. 30. Offensive or unbecoming words. 78. Committal of Bills. 31.") 79. Course of proceedings in committee. 32.)- Words objected to may be taken down. 80. Verbal or formal amendments may be made at 33.) any time. 34. Breach of Order. 81. Chairman may correct clerical errors. 35. Naming Member. 82. Chairman to report Bill to the House. 36. Member to be heard in explanation. 83. Order for third reading. 37. Interruptions by Members. 84. Chairman to certify Bill. 38. Papers laid on the table considered public. 85. Third reading, Speaker to declare certificate. 39. Time for asking questions and making personal 86. Kider may be added on third reading. explanations. 87. If involving pecuniary matters, to be considered PT7TTTTO\r<j in commit,ee- "• 88. Passing of Bil!s. 40. Time for presentation of petitions. 89. Speaker to sign, and Clerk date Bill. 41. Member presenting petition to ascertain its con- 90. Chairman of Committees to certify. tents. 91. Presentation to Governor, or transmission to 42. Member to endorse the same Legislative Council. 43. Petitions, to be in manuscript. 92. Rejected Bills or motions not to be renewed. 44 to contain prayer at the end. 45 to be signed on every sheet. COMMITTEES OF THE WHOLE HOUSE. 46 to be in the English or Maori lan- 93. Quorum. guage. 94. Counting-out in Committee. 47 to be signed by petitioners themselves. 95. Course of proceeding if quorum on House re--48 no documents to be attached to. suining. 49 not to refer to debates or motions. 96, Rules in Committee. 50 not to pray for grant of money. 51. Proceedings on presentation of petitions. SELECT COMMITTEES. 51a. Petitions on subjects calling for immediate at- 97< Number of Members t0 compose Committee. co vu e f i loD i. . . /.T, .... 98. Mr. Speaker exempted. 52-Weekly abstract of Petitions. 99. Mover, &c„ to be on the Committee. 53. 1 etitions considered only as petitions of parties 100 Notice ' to b ' e given 0 f names proposed. ~ signing tne same. i o |. Mode of election. Pet,UoDS froni Abo rl B ineSi 102 . Alteration in constitution of Committee.
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103. Committees not to sit daring sittings of the JOINT REGULATIONS FOU FINAL PASSING House. OF BILLS. 104. Quorum. *34. Practice on Bill being agreed to by both Houses. 105. Chairman. 13.). Consideration of amendments proposed by the 106. Examination of witnesses, how to be conducted. Legislative Council. 107. Chairman to sign report. 136. If amendments agreed to. 108. Lists, &c., of Committees to be posted up. 137. If amendments rejected, or referred to confer--109. Power to call for persons and papers. ence. 110. Time lor bringing up report. 138. Engrossing and presentation of Bill. 111. Proceedings on presentation of report. 139. Certificate of Governor's assent to custody, Acts. 112. Motion for adoption of report, &c. STRANGERS. 113. Publication of proceedings of Committee. 140. Admission to body of the House. PRIVATE BILLS. 141 ' Grangers may be ordered to withdraw. ... , '. . CONTEMPT. 114. Private Bills to be initiated by petition. 142. Non compliance with call of the House. 115. Petitions for bills, when to be presented. 14-3. Absence without leave. 116. Public notice ot intention to apply lor Bill* 144 Disobedience to order of the House, or interrup--117. Notice for ledve to introduce .Bill. tion of proceedings. 1 ] 8. Printing Bill. 145. Punishment of contempt. 119. Reference to Select Committees. 146. Application of fiues. 120 - P rl°mittT nBt B,il t0 be r t0 S3me SUSPENSION OR ALTERATION OF ]21. Proceedings in Select Committee. STANDING ORDERS. I*o Bill when brought up, how to be proceeded 147. Suspension of Standing Orders. 148 Alteration or annnulling of any Standing Order. MESSAGES. ELECTION PETITIONS. 149. To be addres-ed to the House. „„ _ . „ l£o. To whom to be delivered and when. 120. Reception o - 151. Bond for prosecution of petition. I*s. Durin" g readi o g! Members to be uncovered. J Transmission of petition to Clerk of the House. j-j. uuiiii 0 fci 163. Communication ot petition to the House. miTT , -r. 154. Petition to state ground of objection. COMMUNICATIONS ITH THE LEGIftLA- Service of copy on party petitioned against. lIYL CUUJNLIL. HEARING ELECTION PETITIONS. 126. Bills and Messages—who may bring. 156. Standing Committee on Election petitions. 127 Reception of. 157. Select Committee tor consideration of petitions. 128 Transmission of. 158. Eailure to piosecute petition. 129. Conferences. 159. P.titioner —bow to appear before Committee. 130. Appointment of Members to convey message. 160. Petitioner to furnish list of votes claimed or ob--131. house Committees for joint comfort and con- jected to. venience. 161. Defence of sitting Member. 132. Copies of Returns required by Legislative ! 62. Onl.v claims and objections, of which due notice Council. given, to be enteriaii ed. 133. Members of Legislative Council to have access 163. Li.-is of objections and claims open to inspection. to Journals. 164. Scrutiny, how to be effected.
1 85 6. STANDING OBDEBS OF THE HOUSE OF REPRESENTATIVES.
GENERAL CONDUCT OF BUSINESS. 1- In all cases not hereinafter provided for, Mr. Speaker shall decide, taking for his guide the rules forms, and usages of the House of Commons, so far as the same can be applied to the proceedings of the House. 2. Whenever the House shall be informed of the unavoidable absence of Mr. Speaker, the Chairman of Committees is to take the chair for that day only : and m the event of Mr Speakers absence continuing for more than one day, is if the House shall tlnnk fit, and shall so order it, to take the chair in like manner, on any subsequent day during such absence. ' 3 3. On receiving a summons from his Excellency to attend the reading of his speech Mr. Speaker shall communicate the same to the House, which shall accompany Mr. Speaker to the place mentioned in his Excellency's summons. +i it' Mr - S P eaker the " return to the House, resume the chair, and read to the House the speech delivered by his Excellency. 5. Unless otheiwise ordered by the House, the sitting days of the House shall be Tuesdays, Wednesdays, Thursdays, and Fridays, and Government business take precedence on Tuesdays and Fridays. 6. Unless otherwise ordered, Mr. Speaker shall take the chair at noon except on Wednesdays, when the hour shall be o o'clock, p. m. " P 7. On taking the chair, Mr. Speaker shall read the prayer appointed bv the ouse, at the termination whereof, if there be not a quorum present, Mr. Speaker shall adjourn the House until the next sitting day. 8. The quorum shall consist of seventeen members inclusive of Mr. Speaker. 9. If at any time after the commencement of the business of the dav notice be taken that there is not a quorum present, Mr. Speaker shall, by his own authority adjourn the House until the next day of meeting. f.t —a.
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10. Whenever Mr. Speaker is obliged to adjourn the House for want ot a quorum' the hour at which such adjournment is made, and the names of the members then present, shall be inserted in the journals of the House. 11. On a motion made and passed that the House be called over on any day therein named, Mr. Speaker shall cause circular letters to be forwarded to all the members of the House, requiring their attendance on that day. Iso older for a call of the House shall be made for any day earlier than seven days from the date of such order. J2. Any member may, at any stage of a debate, move that the at once divide upon the question in debate, and such motion, if seconded, shall be put from the chair without discussion, so soon as the member then m possession of the House shall have concluded his address. 13. If the question for division be carried, the motion previously under debate shall be immediately put from the chair without further discussion, but if the question for division be lost, debate on the previous motion shall be resumed where it was interrupted. I{. Upon the conclusion of a debate on any motion before the House, Mr. Speaker shall put the question, and he may do so as often as may be necessary to enable him to form and declare his opinion from the sound of the voices as to w c party has the majority. If he shall be unable to determine from the sound of the voices on which side the majority lies, he shall thereupon divide the House ; or if any member shall disagree with the decision of Mr. Speaker, such member may demand a division. 15 On division the ayes shall pass to the right, and the noes to the left of the chair, and Mr. Speaker shall appoint one teller for each party, who, shall make lists of the members voting, and sign and deliver such lists to the Clerk, to be hande to Mr. Speaker, who shall then declare the result of the division. 16. Immediately after a call for a division, the bell shall be rung, and at the expiration of two minutes the doors shall be locked. 17. On a division taking place, no member shall enter or leave the House until the numbers are declared. 18. Whenever a division is called for, strangers shall immediately withdraw from the body of the House, but may, unless otherwise ordered, remain in the gallery. 19. An entry of the division list shall be made by the Clerk in the journals. 20. All addresses to the Governor shall be transmitted by Mr. Speaker, unless otherwise ordered by the House. 21. Any member may of right require the question or matter under discussion, to be stated for his information at any time during the debate, but not so as oin terrupt a member speaking. 22. No member shall speak twice (except in committee of the whole House) on the same question, unless in explanation on some material point of his s P eech ' « which he had been misrepresented or misunderstood, nor shall he ' * new matter: provided, however, that the mover of any question other than an amendment shall be allowed to reply, and that after such reply it shall not be petent to any member to speak to the subject in debate : provided also, that it shall
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be competent to a member, when ho seconds a motion or amendment before the House without speaking to it, to address the House on the subject of such motion or amendment at any subsequent period of the debate. 23. Every member shall address the chair when speaking. 24. Whenever any matter of privilege or order suddenly arises, it shall be immediately taken into consideration. 25. All motions shall be duly seconded before being put from the chair. 26. A motion, duly seconded, " that this House do now adjourn," shall be in order at any period during the course of a debate, unless while any member shall be in possession of the House, but no discussion shall be allowed upon it. 27. On any motion for adjournment, not made during the course of a debate, discussion shall be allowed; but Mr. Speaker shall confine the discussion strictly to the question of adjournment. 28. If any motion to adjourn be negatived, no new motion to adjourn either the House or the debate shall be entertained within a quarter of an hour from the pi'eceding one being so negatived. 29. The member upon whose motion any debate shall be adjourned by the House, shall be entitled to preaudience on the resumption of the debate, unless he shall have previously spoken to the question. 30. No member may use offensive or unbecoming words in reference to an member of the House. 31. When any member objects to words used in debate, and desires them to be taken down, Mr. Speaker, if it appear to be the pleasure of the House, will direct them to be taken down by the clerk accordingly. 32. In a committee of the whole House, the chairman, if it appear to be the pleasure of the committee, will direct words objected to to be taken down, in order that the same may be reported to the House. 33 Every such objection is to be taken at the time when such words are used, and not after any other member has spoken. 34. A member called to order by Mr. Speaker shall sit down unless permitted to explain. 35. 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 House shall at once take the case into consideration. 30. In the case of a charge against a member for any breach of the orders of the House, 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 House the motives of his conduct in the matter alleged against him, and after having done so he shall withdraw. 37. When Mr. Speaker is putting a question, no member shall walk oat of, r.—b.
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or across the House, nor when a member is speaking shall any member hold discourse to interrupt him, except to order, nor pass between him and the chair. 38. All papers and documents laid upon the table of the House, unless othei" wise ordered, shall be considered public, and may be printed. 39. At the time of giving notices of motion, questions are permitted to be put to Ministers, relating to public affairs ; and to other members relating to any Bill, motion, or other public matter connected with the business of the House, in which such members may be concerned. In putting any such question, no argument or opinion is to be offered nor any facts stated, except so far as may be necessary to explain such question. In answering any such question, a member is not to debate the matter to which the same refers. By the indulgence of the House, a member may explain matters of a personal nature, although there be no question before the House, but such matters may not be debated. A reply is allowed to a member who has made a substantive motion to the House, or moved an order of the day, but not to any member who has moved an amendment or an instruction to a Select Committee. PETITIONS. 40. No petitions shall be presented after the House shall have proceeded to the orders of the day, 41.. It shall be incumbent on every member presenting a petition, to acquaint himself with the contents thereof, and to ascertain that it does not contain language disrespectful to the House. 42. Every member presenting a petition to the House, shall affix his name at the beginning thereof. 43. Every petition shall be in writing. 44. Every petition shall contain, at the end thereof, the prayer of the petitioners. 45. Every petition shall be signed by at least one person on every skin or sheet on which the petition is written. 46. Every petition shall be written in the English or in the Maori language; and should any member require the translation of any such petition into either language, the same shall be done by an authorised translator, under the direction of the clerk of the House. 47. Every petition shall be signed by the petitioners themselves, except in cases of incapacity by illness. 48. No letters, affidavits, or other documents, shall be attached to any petition, except in the case of private bills, as hereinafter mentioned. 49. No petition shall make reference either to any debate in the House, or to any intended motion. 50. No petition shall pray directly for a grant of public money. 51. A member presenting a petition to the House, not being a petition for a private bill, or relating to a private bill before the House, shall confine himself to a statement of the description and number of the petitioners, and of the material
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" nS Coll^a ' nC( ' 1,1 the petition, and to the reading of the prayer thereof. It Question T'f' t0 " 10Ve " that the P etition be read -" The onl y other tition slnlH « +'i f+t entei ' tained b 7 the House, on the presentation of any petition, shall be, that the petition he received." thorp mnJlo'r °* S "f P et iti°n complaining of some present grievance for which contained in " V lrgei ?f. necessit > r for P rovidin g an immediate remedy, the matter thereof ° ' 10R brought into discussion on the presentation stracfff Jl h l?-f rk ° f the H ,T e shall weekI )' Prepare, in a tabular form, an abor piles from IT re ?v! V 7 the House ' in which shall be set forth the place attache Ito o iph fi" 00 le - 7 w ® re severally presented, the number of signatures presented -ind -/ 1 16 name of the member presenting tne same, the day on which presented, and a short abstract of the prayer thereof. the same P e^^ons shall be received only as the petitions of the parties signing ti * ?titions from persons of the native race may be received without regard to the foregoing forms. ° MOTIONS. ,^; JJ , NOt TA 0f , mot ' 0n may be . S iven atan y time except during the discussion • orders of th f da y> but notice of motion for the day next following shall be given after the orders of the day have commenced. - Except as herein otherwise ordered, no member shall make any motion in' ia. ing a subject for discussion. ; but in pursuance of notice given at a previous sitting of the House. 1 . Jj - n °tice shall be given beyond the four days next following on which notices can be given, due allowance being made for any intervening adjournment of le House, and the period being in that case so far extended as to include four notics days falling during the sitting of the House. 58. It shall be in order on the presentation of any document, except a petition, to move without notice, that it be printed, and to apppoint a day for its consideration. 59 Motions shall take precedence of orders of the day, and be moved in the order in which they stand on the notice paper, and if not so moved, shall be expunged therefrom GO. Any member by whom any notice of motion shall have been given, may specially authorise any other member to move the same in his absence. Gl. After a motion shall have been read by Mr. Speaker, it shall be deemed to be in possession of the House, and can only be withdrawn or altered by the unanimous consent of the House. 62 If all motions shall not have been disposed of ;;t three o'clock, except on Wednesdays, and on that day at eight o'clock, p.m., the debate thereon shall be adjourned, and the orders of the day taken in rotation ; but if there should be no order of the day, the discussion on motions may be con-
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tinued. The debate on motions may be resumed after the orders of the day are disposed of, on motion to that effect being put and carried. 63. Motions for the production of despatches, or other correspondence, addressed to the Governor, Lieutenant-Governor, or Officer administering the Government, or for any information emanating from his Excellency, shall be in form, " That an address be presented to his Excellency," to that etiect 64. Motions for the production of returns or other information from the sever al departments of the Colonial service, shall l>e in form " That they be laid on t le table." LAPSED QUESTIONS. 65. If a debate on any motion moved and seconded be interrupted by the House being counted out, such debate may be resumed at the point where it was so interrupted, on motion upon notice. 66. If a debate on any order of the dav be interrupted by the House being counted out, such order may be restored to the paper for a future day, on motion upon notice, and then such debate shall be resumed at the p< int where it was so interrupted. 67. If a debate on any motion, or any order of the day, be interrupted by adjournment of the House, such debate may, on motion with notice, be resumed a, the point where it was so interrupted. 68. If the discussion on any question in a committee of the whole House be similarly interrupted, the House may order the resumption of such committee on a future day, on motion with notice, and the discussion of such question shall then be resumed at the point where it was so interrupted. 69. If by adjournment, or counting out of the House, or by their not being disposed of on their proper day, notices of motion become lapsed, they can only Unrenewed by notice in the usual manner. 70. All orders of the day lapsed from any of the above causes shall be set down on the notice paper after orders of the day tor the next a) on v> ic i it s House shall sit, unless discharged on motion. PUBLIC BILLS. 71. Every public bill, except such as are transmitted by the Governor in pursuance of the provisions of the Constitution Act shall be introduced either y a motion f.,r leave, specifying the title and object of the bill, or by a motion to appoint a committee to prepare and bring it in, or by an oidei report of the committee. 72. The member having leave to bring in a bill shall prepare the draft of sticli bill with the necessary blanks to be filled up in committee, and shall, on an eai y day, present a fair copy thereol to the House. 73. No clause shall be inserted in any bill, which shall be foreign to what the title of such bill imports; and such matters as have no proper relation to eacn other shall not be intermixed in one and the same bill.
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74. No perpetual clause shall be inserted in any bill the provisions of which are intended to be temporary ; and the temporaiy character of the bill shall be declared in the title, and the precise duration mentioned in a distinct clause at the end thereof. 75. At the first and second reading of any bill, the title only shall be read by the clerk ; and the first reading shall take place without discussion, except in case of bills sent down by Governor by message. 76. Every bill read a first time shall, on leave obtained, be printed with as little delay as possible, and two copies shall be provided for each member by the clerk. 77. After the first reading of a bill, its second reading shall be moved for some convenient future day. 78. After a bill shall have been read a second time, the same shall be ordered to be committed for the consideration of it in detail, in committee of the whole House, unless it be deemed expedient by the House that it should be referred to a select committee, in which case a committee for that purpose shall be at once appointed with the requisite instructions. 79. Bills in committee of the whole house shall be debated clause by clause, the question being put on each, leaving the preamble and title to be last considered. 80. Amendments merely of a verbal or formal nature may be made on motion in any part of a bill, at any time during its progress through the House or committee. 81. Clerical and typographical errors may be corrected in any part of a bill by the Chairman of Committees. 82. At the close of the proceedings of a Committee of the whole House on a Bill, the Chairman is to report the Bill forthwith to the House, and when amendments have been made thereto, the same are to be received without debate, and a time appointed for taking the same into consideration. 83. A Bill being reported without amendments, is ordered to be read a time at such time as may be ordered by the House. 84. Before a bill shall be read a third time, the Chairman of the Committees shall certify that the amended print is in accordance with the bill as reported. 85. On the third reading of the bill, Mr. Speaker shall announce that the amended print has been so certified by the Chairman of Committees, and the title only shall be read, unless on motion, without notice, made and seconded, that the bill shall be read at length. 86. No alteration or amendment shall be made in any bill on the third reading, the question simply being that the bill, in its then shape, be read a third time ; but that the addition of a clause may be made, such clause being already printed when presented to the House, and, if passed, it shall be added to the bill. 87. If the clause proposed to be added to the bill has for its object to impose a pecuniary fine, the House shall not entertain it with Mr. Speaker in the chair, r.—t.
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In order to fill up the blanks in such case, the clause must be read twice, and then committed to a committee of the whole House, after which, Mr. Speaker shall resume the chair, the clause shall be reported, read a third time, and passed with the bill, if approved by the House. 88. When a bill shall have been read a third time, it shall be delivered by the the clerk to Mr. Speaker, who shall put the question, " That this bill do now pass." 89. When a bill shall have passed the House, Mr. Speaker shall sign the same, and the clerk shall forthwith certify the date of its passing at the foot of the bill. 90. Before a bill shall be presented to the Governor for his assent, or transmittedto the Legislative Council, the Chairman of Committees shall certify that it is in accordance with the bill as passed by the House. 91. All bills when passed shall be presented to the Governor for his assent by Mr. Speaker, or transmitted to the Legislative Council, as the case may require. 92. When a bill or motion shall have been rejected by the House, no bill or motion of the same argument and matter shall be brought forward during the same session without leave. COMMITTEES OF THE WHOLE HOUSE. 93. In Committees of the whole House, seventeen Members, inclusive of the Chairman, shall be a quorum. 94. If, during the progress of business, notice may be taken that there are not present seventeen members, inclusive of the Chairman, the Chairman shall leave the chair, and Mr. Speaker shall resume the chair. 95. If there be seventeen members when the House is counted by Mr. Speaker, the House shall again resolve itself into Committee of the whole House. 96. The rules of the House shall be observed in a Committee of the whole House, except the rule limiting the number of times of speaking, and the rule requiring that motions be seconded. SELECT COMMITTEES. 97. No select committee shall consist of less than five, or of more than ten members, without leave from the House. 98. It shall not be compulsory on Mr. Speaker to serve on any select committee. 99. Every member proposing a select committee, or introducing a bill, petition* or motion, upon any subject which may be referred to a select committee, shall be one of the committee, without being named by the House. 100. Every notice of motion for the appointment of a select committee, shall contain the names of the members proposed to serve on such committee, but previous intimation to such members shall not be necessary.
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101. Upon motion for a select committee, any member of the House may require such committee to be formed in the manner following, viz. :—Each member shall give in to the clerk a list of the members proposed by him to serve on such committee, not exceeding the number originally proposed, exclusive of the mover himself; and if any such list contain a larger number of names, it shall be rejected, and the members reported by the clerk to have the greatest number of votes, shall be declared by Mr. Speaker to be, with the mover, the members of such committee ; and in case of two or more members having an equality of votes, Mr. Speaker shall decide by lot which shall serve on such committee. 102. Any notice of motion for discharging, adding, or substituting members of a select committee, shall contain the names of such members. 103. The sergeant-at-arms attending this House, is, from time to time, when the House is going to prayers, to give notice thereof to all committees ; and all proceedings of committees after such notice are declared to be null and void. 104. In all select committees, three shall be a quorum. 105. Every select committee, previously to the commencement of business, shall elect one of its members to be the chairman, who shall have an original as well as a casting vote. 106. The examinaton of witnesses before every select committee shall be conducted as follows, viz. : —The chairman shall first put to the witness, in uninterrupted series, all such questions as he may deem essential, with reference either to the subject of inquiry or to any branch thereof, according to the mode of procedure agreed on by the committee; the chairman shall then call upon the other members severally by name, in the order of their sitting, to put other questions ; after which, questions shall be put in the same rotation as often as any member of the committee may require. All questions and replies shall be reduced to writing, and signed by the witness, and the name of every member interrogating a witness shall be prefixed to the questions asked. 10?. Every report of a select committee shall be signed by the chairman thereof. 108. Lists shall be posted in some conspicuous place in the clerk's office, and in the lobby of the House, of all members serving on each select committee. 109. Whenever it may be considered necessary to examine witnesses, special application shall be made to the House for power to call for papers, persons and reports, and for leave to report the opinion of the committee from time to time. 110. On the appointment of every committee, a day shall be fixed for the reporting their proceedings to the House ; on which, or some earlier day, the final report of the committee shall be brought up by the chairman, unless further time be previously moved for and granted, on motion without notice. 111. Upon the presentation of a report, no discussion shall take place, but the report shall be laid on the table, and may, on question put and passed, be read and ordered to be printed, together with the appendix and reported evidence. 112. After a report has been laid upon the table, it shall be competent to any member to move that such report, or any portion of it, be adopted by the House or to make any other specific motion relative thereto.
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113. No reporter shall be allowed to take notes of the proceedings of any committee unless with the permission of the committee ; nor shall any report of such proceedings, or any part thereof, be published without such consent, till the committee shall have reported to the 1. ouse. PRIVATE BILLS, 114. No private bill shall be brought into this House except upon petition first presented with a printed copy of the proposed bill annexed, and such petition shall be signed by one or more of the parties applying for the bill. 115. All petitions for private bills shall be presented to the House within thirty days from the commencement of the session. J1 6 Every petition for a private bill shall commence by setting forth that, within three months previously to its presentation to the House, publicnotice of the intention to apply for the bill has been given once a week for four consecutive weeks in one or m ore papers within the Province to which it applies, and once at least in the General Government Gazette, and shall also contain a true statement of the general object of the bill; and the production ot the numbers of such Gazette and newspaper or newspapers shall be sufficient proof of such notice. ! 17. When the petition shall have been received, and the requisite notice proved, notice of motion for leave to bring in the bill shall be given, as in the case of public bills. 11 8. When leave to bring in a private bill shall have been obtained, and before it shall be read a first time, it shall be printed at the expense of the parties applying for it, in the same form as publie bills, and a sufficient number of copies delivered to the clerk for the use of the House. 119. When a private bill shall have been read a first time, it shall be referred to a select committee, to be appointed on motion upon notice, and such committee shall require proof of the allegations contained in the preamble. 120. Every petition against a private bill shall be referred to the select committee on such bill, and shall distinctly specify the grounds on which the petitioner objects thereto. 121. Every select committee on a private bill may hear counsel, if desired, and may also take such oral or other evidence as they may deem requisite, and may deeide on matters in issue between the persons conducting and opposing the Bill ; after which, the question shall be put from the chair, " That this preamble stand part of the bill." And it the committee should be of opinion that the preamble has not been satisfactorily proved, they shall direct the chairman to that effect, which shall be fatal to the bill; but if it be carried that the preamble stand part of the bill, the several clauses shall next be proceeded with, and the amendments, if any, noted for report to the House, care being taken that no clause be inserted or amendment made which shall be foreign to the import of the notice hereinbefore required. 122. Upon a private bill being brought up and reported by the select committee, such bill shall be proceeded with as in the case of public bills, a future day being appointed for the second reading. MESSAGES. 123. Whenever a message from the Governor shall be announced, tlie business before the House shall be immediately suspended, and the bearer of
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SpeaTor S ° falro,lUCed il,l ° ae of the House ' ddirer the message to Mr. ation'or' unless ftbf othSTiX a /f™" 5 ™«sag e •» then under considerss 16 ' when - if z:t main SS "" re ' ldi " g fr ° m the GoTemOT . shall reCOMMUNICATIONS WITH THE LEGISLATIVE COUNCIL. X 3 5The th C„S atITC " M mittee shall be suspended, and S^LkeVTalf sume reCGipt ° SUCh blll ° r messa £ e > such committee shall forthwith rer T S a "l r eSS r geS f M n V the HoUSe of Rc shall be transtted to the Legislative Council through any member appointed by the House for that purpose, who may be attended by other members. 120. A conference between both Houses may take place through a joint meetSeeT ® lthe f H T e * " The H ° USe u P° n motion, appoint a committee to manage any such conference in conjunction with a committee of the Legislative Council. , 13 t °- Tl , ie , House ma y fl °m time to time appoint members to deliver messages to the Legislative Council. ° 13 J. A standing committee shall be appointed, to consist of five members to confer with a committee of the Legislative Council, with a view to arrangements tor the joint comfort and convenience of members of both Houses. 132. Copies of all returns made to the House shall, if required, be forthwith transmitted by Mr. Speaker to the Speaker of the Legislative Council. 133. Members of the Legislative Council shall have access to the journals and proceedings of the House. JOINT REGULATIONS ADOPTED BY BOTH HOUSES IN REFERENCE TO FINAL PASSAGE OF BILLS. 134. When a Bill sent from one House shall be agreed to by the other House without amendments, a message shall be sent back acquainting the former House thereof; and the bill shall then remain in the House in which it was last passed, for transmission to the Governor. 135. When amendments are proposed in either House in a bill sent from the other, the bill shall be returned in the form in which it was sent, together with a message stating such amendments. The bill shall not then be read again in the House to which it is so returned, but the amendments shall be taken into consideration at some time to be fixed on motion with notice. f. —d.
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13G. If the amedments be agreed to. a message shall be sent back acquainting the other House thereof, and the bill itself shall then be amended by the House in 'which it is originated, and shall remain with that House for transmission to the Governor. 137. Amendments made by one House in a bill sent by the other House, may not be rejected ; if therefore they are not adopted, the bill must drop, unless a conference take place at the request of either House for the adjustment of the matter in difference •; and if the original amendments, or a modification thereof, be adopted by such conference, and their decision be confirmed by both Houses the bill itself shall be amended in accordance therewith; by the House in which it originated, and shall remain in that House for transmission to the Governor. 138. The Speaker of the House with which a bill may remain under the foregoing orders, shall immediately cause the bill to be fairly engrossed or printed on parchment, without punctuation, and the clerks of both Houses shall examine and certify to the correctness of the bill by an endorsement thereon ; after which the Speaker of the House aforesaid, shall, without delay, transmit or present the same to the Governor. 139. The date of the Governor's assent shall be certified by an endorsement, to be made on acts of the General Assembly, by such high public officer as the Governor may be pleased to direct in that behalf; and the acts shall then be kept in such custody as the Governor may appoint, pending the establishment of a public record office. STRANGERS. 140. Members of the Legislative Council shall be admitted to the body of the House, but other strangers shall be admitted only by Mr. Speaker. J 41. On the request of any member, or in his own discretion, Mr. Speaker shall at any time order strangers to withdraw, either from the body of the House or from the gallery, and such strangers shall immediately withdraw. CONTEMPT. 142. Any member not attending in compliance with an order for a call of the House, without reasonable excuse, shall be held guilty of contempt. 143. No member shall absent himself for more than one week at a time without leave ; and any member infringing this order shall be held guilty of contempt. 144. Any member who shall wilfully disobey any order of the House, and any member or other person who shall wilfully or vexatiously interrupt the orderly conduct of the business of the House, shall be guilty of contempt. 145. Any member adjudged by the House for any of the causes hereinbefore mentioned guilty of contempt, shall be fined in a penalty at the discretion of the House, not exceeding fifty pounds ; and in default of immediate payment, shall be committed by the warrant of Mr. Speaker to the custody of the sergeant-at-arms, or such other person or persons as Mr. Speaker shall appoint, for a period not exceeding fourteen days ; and it shall be lawful for the said sergeant-at-arms, or such other person or persons, to detain the said member in his custody for the period
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directed by the House, unless sooner discharged by order of the House, or unless the amount of fine imposed shall be sooner paid. 146. All fines shall be applied to a fund, to be called "The Library Fund.'' SUSPENSION OR ALTERATION OF STANDING ORDERS. 147. Any standing order, or orders of the House, may be suspended on motion duly seconded, made without notice, provided that two-thirds of the members be present; but notice shall always be given when practicable. 148. No proposal for altering or annulling any Standing Order or Orders of this House, shall be entertained, except when two-thirds of the whole number of Members, are present, and when notice extending over at least four sitting days, shall have been given. ELECTION PETITIONS. 149. Petitions against the return of any member of the House of Representatives shall be addressed to that House. 150. Such petitions shall be delivered to the returning officer of the district in which the election shall have taken place, or, in case of his absence or incapacity to act, to the nearest resident magistrate, within one calendar month after the declaration of the state of the poll by the returning officer. 151. On delivery of such petition to the returning officer or resident magistrate, the petitioner shall enter into a bond to the Queen with a penalty of £200, with two sureties in £100 each, to prosecute the petition in a bond fide manner at the next session of the Assembly, and to pay all such costs and penalties as may be directed by the House. Such sureties to be approved of by the returning officer or resident magistrate. 152. The returning officer or resident magistrate shall send the petition and bond, as soon as possible after the receipt thereof, to the clerk of the House of Representatives. 153. So soon as Mr. Speaker shall have taken the chair at the next sitting of the House, the clerk shall place such returns in his hands, and Mr. Speaker shall then communicate the same to the House. 154. Every petition shall set forth the specific grounds on which the return is impugned, and no other grounds than such as are stated in the petition shall be investigated. 155. A copy of the petition shall be served by the petitioner or his agent on the party petitioned against, or left at his usual or last known place of abode, within fourteen days after its delivery to the returning officer or resident magistrate. HEARING ELECTION PETITIONS. 156. As early as may be, after the commencement of the session, a committee shall be appointed, to which shall be referred from time to time all election petitions received by Mr. Speaker during the session, to report whether the standing orders of the House have been complied with, and to investigate and report on any
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other question which may arise in reference to the expediency of such petitions being heard by a special committee. 157. That on such committee reporting to the House that any such petition ought to be proceeded with, a select committee shall be appointed by the House, to whom such petition shall be referred (it being optional to refer more than one petition to the same committee), and the committee so appointed, shall proceed as follows : 158. If the petitioner shall not attend at the time and place of which notice shall be riven, or having attended shall not in a bona fide manner prosecute his petition, the committee shall dismiss the petition, and forthwith report the same to the House, when, unless otherwise ordered, the bonds given by the petitioner and his sureties, shall be put in suit and the penalties enforced. ] 59. Petitioners may appear and conduct their case either in person, or by counsel qualified to act as such, in the Supreme Court of the colony. 160. When the petitioner or his agent shall appear before the committee in obedience to the aforesaid summons, he shall hand in to the chairman a statement containing the names of the voters objected to, or proposed to be inserted, and the specific grounds in every case. 161. The committee shall then assign such further time for the prosecution of the petition as may enable the sitting member to consider and prepare his defence ; and if he shall propose to object to, or claim the insertion of any vote, he shall furnish such statement as above required of the petitioner, at such time as the committee may direct. 162. No other objection or claim shall be allowed by the committee on either side than is specified in the statement of the party offering the same. 163. Statements of objections or claims furnished to the committee as above provided, shall be deposited with the clerk of the committee, and either party shall have access thereto and may make copies thereof without charge. 3 64. In case of any petition requiring a scrutiny of votes, the committee shall enquire into each vote specified in the statements, and shall erase, or place the same upon the poll, according to the result of the evidence tendered thereon, till the sitting member shall be placed in a minority, the committee shall then, on suggestion by'the sitting member, erase or add so many as shall place the petitioner in a minority (if such the case shall be), and so alternately till it shall be determined whether the sitting member or the petitioner was in an actual majority on the poll. CHARLES CLIFFORD, Speaker. Fassed the House of Representatives this 13th day of May, one thousand eight hundred and fifty-six. F. E. Campbell. Clerk of the House of Representatives. Approved. Thomas Gore Browne, Governor 17th May, 1856.
STANDING ORDERS, RELATIVE TO PRIVATE BILLS AND OTHER PRIVATE BUSINESS,
1. Every Private Bill shall be solicited by a " Private Bill Agent." 2. No person shall act as such agent till he shall have enrolled his name and place of abode with the Clerk of the House of Representatives, in a book to be kept for that purpose, and shall have signed a declaration to observe and obey all rules of the House, and pay all fees and charges when demanded. 3. No Member of either House of the General Assembly (either in person or by partner), and no servant of either House, shall be permitted to act as Private Bill Agent. 4. Any agent acting contrary to the rules of the House, disobeying the orders of Mr. Speaker, or of the Chairman of any Committee, or neglecting or refusing to pay any fees due in respect of any Bill or other proceeding solicited by him, may be prohibited from practising by order of Mr. Speaker. 5. All proceedings in the Clerk's Office connected with any Private Bills shall be conducted by the Private Bill Agent in charge of such Bills ; but all proceedings in the House shall be conducted by some Member thereof, selected by such agent, and who shall be in charge of the Bill. The agent shall attend the special Committee on the Bill, and, either in person or by counsel, conduct the case, by the production of evidence, argument, or otherwise, as may be necessary, 6. The proceedings on Private Bills in the House shall be taken at some hour to be fixed by Mr. Speaker, and shall not be allowed to interfere with the progress of the public business of the House. The House shall not be counted ont during the proceedings on any Private Bill, if seven Members, exclusive of Mr. Speaker, shall be present. 7. At the commencement of every Session, a Standing Committee of nine Members shall be appointed, to which shall be referred all Petitions relating to private grievances ; and no such Petition shall be received by the House after 30 days from the meeting thereof, unless such grievance shall have arisen during the Session, or within 30 days previous to its commencement. 8. That all matters relating to Privale Bills or other private business, not provided for by any Standing Order of the House, shall l»e regulated by Mr. Speaker as they shall arise, as nearly in conformity with the practice of the Imperial Parliament as circumstances may admit. 9. A scale of fees to be fixed by Mr. Speaker, payable to the Clerk of the House in respect of the conduct of private business, shall be posted in the Clerk s Office, and in some conspicuous part of the House.
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https://paperspast.natlib.govt.nz/parliamentary/VP1856-I.2.1.87
Bibliographic details
STANDING ORDERS OF THE HOUSE OF REPRESENTATIVES., Votes and Proceedings of the House of Representatives, 1856 Session I
Word Count
8,521STANDING ORDERS OF THE HOUSE OF REPRESENTATIVES. Votes and Proceedings of the House of Representatives, 1856 Session I
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