subsidiary and incidental ones, and must be first disposed of. When settled, the question interrupted by it is to be resumed, at the point where it was suspended.

ORDERS OF THE DAY.

142. When the consideration of a subject has been assigned for a particular day, by an order of the assembly, the matter so assigned is called the order of the day for that day. If, in the course of business, as commonly happens in legislative assemblies, there are several subjects assigned for the same day, they are called the orders of the day.

143. A question, which is thus made the subject of an order for its consideration on a particular day, is thereby made a privileged question for that day; the order being a repeal, as to this special case, of the general rule as to business. If, therefore, any other proposition (with the exception of the two preceding) is moved, or arises, on the day assigned for the consideration of a particular subject, a motion for the order of the day will supersede the question first made, together with all subsidiary and incidental questions connected with it, and must be first put and decided; for if the

debate or consideration of that subject were allowed to proceed, it might continue through the day and thus defeat the order.

144. But this motion, to entitle it to precedence, must be for the orders generally, if there is more than one, and not for any particular one; and, if decided in the affirmative, that is, that the assembly will now proceed to the orders of the day, they must then be read and gone through with, in the order in which they stand; priority of order being considered to give priority of right.

145. If the consideration of a subject is assigned for a particular hour on the day named, a motion to proceed to it is not a privileged motion, until that hour has arrived; but, if no hour is fixed, the order is for the entire day and every part of it.

146. Where there are several orders of the day, and one of them is fixed for a particular hour, if the orders are taken up before that hour, they are to be proceeded with as they stand, until that hour, and then the subject assigned for that hour is the next in order; but, if the orders are taken up at that time or afterwards, that particular subject must be Considered as the first in order.

147. If the motion for the orders of the day is decided in the affirmative, the original question is removed from before the assembly, in the same manner as if it had been interrupted by an adjournment, and does not stand before the assembly, as a matter of course, at its next meeting, but must be renewed in the usual way.

148. If the motion is decided in the negative, the vote of the assembly is a discharge of the orders, so far as they interfere with the consideration of the subject then before it, and entitles that subject to be first disposed of.

149. Orders of the day, unless proceeded in and disposed of on the day assigned, fall, of course, and must be renewed for some other day. It may be provided, however, by a special rule, as in the legislative assemblies of Massachusetts, that the orders for a particular day shall hold for every succeeding day, until disposed of.

SECT. II. INCIDENTAL QUESTIONS.

150. Incidental questions are such as arise out of other questions, and are consequently to be decided before the questions which give

rise to them. Of this nature are, first, questions of order; second, motions for the reading of papers, &c.; third, leave to withdraw a motion; fourth, suspension of a rule; and, fifth, amendment of an amendment.

QUESTIONS Of Order.

151. It is the duty of the presiding officer of a deliberative assembly, to enforce the rules and orders of the body over which he presides, in all its proceedings; and this without question, debate, or delay, in all cases, in which the breach of order, or the departure from rule, is manifest. It is also the right of every member, taking notice of the breach of a rule, to insist upon the enforcement of it in the

same manner.

152. But, though no question can be made, as to the enforcement of the rules, when there is a breach or manifest departure from them, so long as any member insists upon their enforcement; yet questions may and do frequently arise, as to the fact of there being a breach of order, or a violation of the rules in a particular proceeding; and these questions must be decided before a case can arise for the enforcement of the rules. Questions of

this kind are denominated questions of order.

153. When any question of this nature arises, in the course of any other proceeding, it necessarily supersedes the further consideration of the subject out of which it arises, until that question is disposed of; then the original motion or proceeding revives, and resumes its former position, unless it has been itself disposed of by the question of order.

154. When a question of order is raised, as it may be by any one member, it is not stated from the chair, and decided by the assembly, like other questions; but is decided, in the first instance, by the presiding officer, without any previous debate or discussion by the assembly. If the decision of the presiding officer is not satisfactory, any one member may object to it, and have the question decided by the assembly. This is called appealing from the decision of the chair. The question is then stated by the presiding officer, on the appeal, namely: shall the decision of the chair stand as the decision of the assembly? and it is thereupon debated and decided by the assembly, in the same manner as any other question; except that the presiding