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agreeably to the provisions of the Constitution. Ordered, That the Clerk inform the Senate thereof. On motion of Mr. Chase of Washington

Resolved, That a select committee be appointed on the part of the House, with such as the Senate may join, to report joint rules for the government of both Houses the present session.

Ordered, That Messrs. Chase of Washington, Sawyer of Nashua, and Swasey of Haverhill be the committee.

Ordered, That the Clerk request the concurrence of the Senate therein.

IN CONVENTION.

The Senate and House of Representatives being assembled in Convention in the Representatives' Hall

Mr. Comerford, from the committee appointed to receive the returns of votes for Counsellors from the several Council Districts in this State, with instructions to count them and compare and cast their numbers,

REPORTED

"That IN DISTRICT No. 1, the whole number of votes

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IN DISTRICT No. 2, the whole number of votes

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IN DISTRICT No. 3, the whole number of votes

legally returned is

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10,167

5,084

15

4,245

5,907

11,672

5,837

17

Daniel Abbot has

4,493

John H. Steele has

7,162

and is elected.

IN DISTRICT No. 4, the whole number of votes

legally returned is

9,198

Necessary to a choice,

4,600

Estimated as scattering,

48

Leonard Biscoe has

4,379

Phinehas landerson has

4,771

and is elected.

IN DISTRICT No. 5, the whole number of votes

legally returned is

Necessary to a choice,

Estimated as scattering,

Isaac Abbot has

9,157

4,578

172

3,155

5,830

John H. White has

and is elected.

No return of votes has been received from Northwood in District No. 1."

On motion of Mr. Treadwell of the House—
Resolved, That the report be accepted.

On motion of Mr. Ayer of the House

The Convention rose and the Senate withdrew.

Mr. Dodge, from the select committee appointed to extend an invitation to the several clergymen of this place to officiate alternately as chaplains for the House of Representatives during the present session, by leave of the House, reported that they have attended to the duties assigned them, that the invitation is accepted, and that they will commence their duties to-morrow morning at the time assigned by a resolution of the House.

On motion

The report was accepted.

On motion of Mr. Ayer

Resolved, That a select committee be appointed to take the message of His Excellency the Governor into consideration and report what disposition shall be made of the several subjects embraced therein.

Ordered, That Messrs. Ayer of Hooksett, Hill of Mason. and Wentworth of Sandwich be this committee.

A message in writing was received from His Excellency the

Governor by the Secretary of State, which was read and is as follows:

"To the Hon. Senate and House of Representatives—

I herewith communicate the report of the Warden of the State Prison, together with a statement of its general affairs. JOHN PAGE.

Executive Department,

June 5, 1840.

On motion of Mr. Treadwell,

Resolved, that His Excellency's Message with the accompanying documents lie upon the table, and that the Clerk be directed to procure three hundred printed copies for the use of the House. On motion of Mr. Sanborn of East Kingston,

Resolved, That a select committee be appointed on the part of the House with such as the Senate may join, to procure three hundred printed copies of the rules of the Senate, the rules of the House of Representatives, and the joint rules of the two Houses, the Constitution of the United States, the Constitution of this State, the names of the several members of the Legislature and its officers, with a list of the Standing Committees in each of its branches, for the use of both branches of the Legislature the present session.

Ordered, That Messrs. Sanborn of East Kingston, Blaisdell of Hanover, and Smith of Lempster be the committee.

Ordered, That the Clerk request the concurrence of Senate therein.

Mr. Smith of Bradford, from the select committee appointed to prepare and report rules for the government of the House the present session, by leave, reported the following

RULES FOR THE GOVERNMENT OF THE HOUSE.

OF THE DUTY OF THE SPEAKER.

1. The Speaker shall take the Chair precisely at the hour to which the Housse shall have adjourned, shall immediately call the members to order, and at the commencement of each day's session, shall cause the journal of the preceeding day to be read.

2. He shall preserve decoruin and order; may speak on points of order in preference to others members, rising from his scat for that purpose, and shall decide questions of order subject to an appeal to the House by any two members. Questions shall

be distinctly put in this form, to wit: "As many as are of opinion that (as the case may be) say Aye;" and after the affirmative vote is expressed, "As many as are of a contrary opinion say No." If the Speaker doubts, or a division be called for, the House shall divide; those in the affirmative of the question shall first rise from their seats, and stand till they be counted, and afterwards those in the negative shall rise, and stand till they be counted. The Speaker shall then rise and state the decision of the House.

3 He shall rise to put a question, but may state it sitting. 4. All committees shall be appointed by the Speaker, unless otherwise directed by the House.

5. The Speaker shall designate to which of the standing commmittees all memorials, petitions, accounts or other matters shall be referred, unless otherwise ordered by the House.

6. The Speaker shall vote in no case, unless the House be equally divided, or unless his vote, if given to the minority, will take the division equal; and in case of such equal division, the question shall be lost.

7. All acts, addresses and joint resolutions shall be signed by the Speaker; and all writs, warrants or subpoenas issued by order of the House, shall be under his hand and seal, attested by the Clerk.

8. In case of any disturbance or disorderly conduct in the galleries, the Speaker or Chairman of the committee of the whole House, shall have the power to order the same to be cleared.

9 No person but the members and officers of the House, members of the Council, and members of the Senate, the Secretary of the State, Treasurer, and Clerks of the Senate, shall be admitted within the door of the Representatives' chamber, unless by invitation of the Speaker or of some member of the House with consent of the Speaker, except in public hearings, the parties, their counsel and witnesses.

10. The Speaker shall have power to substitute any Member to perform the duties of the chair, such substitution not to extend beyond an adjournment.

OF DECORUM AND DEBATE.

11. When any member is about to speak in debate, or deliver any matter to the House, he shall arise from his seat and respectfully address himself to Mr. Speaker.

12. It any member transgress the rules of the House, the

Speaker shall, or any other member may call him to order; in which case the member so called to order, shall immediately sit down; and the question of order shall then be distinctly stated from the chair; after which the member so called to order, may explain, and the question shall be open to debate, as in other cases, and be decided by the Speaker, whose decision shall be submitted to, unless an appeal be made to the House by a member, in which case, the only question shall be, "Is the Speaker's decision correct?" which shall be decided without debate. If the decision be in favor of the member so called to order, he may proceed; if otherwise, and the case shall require it, he shall be liable to the censure of the House.

13. In all cases, the member first rising shall speak first.When two members rise at the same time, the Speaker shall name the person to speak.

14. No member shall speak more than twice to the same question, without leave of the House, nor more than once until every member choosing to speak shall have spoken; and if a question be lost by adjournment of the House and revived on the succeeding day, no member who shall have spoken thereon twice, on the preceding day, shall be permitted again to speak on it without leave.

15. While the Speaker is putting any question, or addressing the House, no one shall walk out of, or across the House; nor in such case, or when a member is speaking shall entertain private discourse, nor whilst a member is speaking shall pass between him and the chair, nor shall any member leave his seat while the yeas and nays are calling.

16. No member shall vote on any question in the event of which he is directly interested; or in any case where he was not present when the question was put.

17. Every member who shall be in the House, when a question is put, shall give his vote, unless the House, for special reason shall excuse him.

18. No motion shall be debated until the same shall be seconded and stated from the chair and when a motion shall be made and seconded, it shall be reduced to writing, if desired by the speaker, or any member, delivered in at the table, and read by the Speaker, before the same shall be debated.

19. No petition shall be received by the House, unless it be presented by a member thereof, and upon motion made for that purpose, nor until the substance of said petition be concisely minuted and the name of the member and the town he represents

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