MANUAL OF

CUSTOMS, PRECEDENTS AND FORMS.

ORGANIZATION,

The Legislature convenes at 12 o'clock, M., on the second Wednesday in January in each year.

Custom, so prevalent and so ancient as to have the force of law, has made it the duty of the Chief Clerk of the previous Assembly to call to order, and to conduct the proceedings generally, until a Speaker is chosen.

The Secretary of State furnishes to the Clerk a certified statement of the names of the members elect, which is read. The members then advance to the Clerk's desk, generally the delegation of each county by itself, and subscribe the oath of office.

It often happens, that by neglect of the proper county officer, to return the proceedings of the county canvassers, some members find their election not to be on record in the Secretary's office. In such case, the certificate held by the member himself, should be produced to the Clerk. This answers every purpose, and should always be secured by members elect, from the clerk of their county.

The oath of office is then administered to the members elect. It may be administered by the Speaker, the President of the Senate, the Governor, Secretary of State, Attorney General, or any of the Judges of the Supreme Court. It has been administered in this State, usually, by one of the Judges. Members coming in after the first day of the session are sworn in by the Speaker.

After all is sworn, the roll is called, when, if a quorum is found present, the Clerk declares the House to be qualified and competent to proceed to business.

If the parties in the Assembly have determined their choice for officers, the election proceeds forthwith; if not, an adjournment is had until the next day.

The election for Speaker, Clerk and Sergeant-at-Arms, is required to be viva voce, and these are the only offices which the Assembly can fill.

The roll is called, and each member announces audibly the name of the candidate of his choice.

The Clerk announces the result, and names a committee to conduct the Speaker elect to the chair; the other elections proceed in the same manner, except that when the result is announced by the Speaker, the officer elect advances to the Clerk's desk and is sworn in by the Speaker.

A committee is then appointed to wait on the Senate, and inform them that the Assembly is organized; or the Clerk is directed, by resolution, to inform the Senate of the fact.

A Joint Committee of both Houses is then appointed to convey a like message to the Governor, and inform him that the Houses are in readiness to receive any communication from him.

The Senate and Assembly have usually assembled in Joint Convention, in the Assembly Chamber, upon some day and hour suggested by the Governor, during the first week of the session, to hear his annual message.

The message has been read sometimes by his Private Secretary and sometimes by the Clerk of one of the Houses.

At the first opportunity after hearing the message read, the various recommendations therein contained, are referred, by resolution, to appropriate standing committees, or to select committees.

Standing committees are appointed by the Speaker at as early a day in the session as is possible. They consist of five members to each committee, except that on railroads, which consists of nine members, the Joint Committee on Printing, and the Joint Committee on Local Laws, which consist of three members each.

DRAWING OF SEATS.

The drawing of seats by lot has been observed since the Assembly first took possession of the new Assembly Chamber.

The method heretofore pursued is as follows:

The members leave their seats, and take places in the open area behind the seats.

The Clerk having placed in a box, slips of paper containing the names of the members respectively, a page or messenger draws them therefrom.

The Clerk announces each name as it is drawn, and the member named selects his seat, and occupies it until the drawing is completed.

COMPENSATION.

"Each member of the Legislature shall receive for his services, two dollars and fifty cents for each day's attendance during the session, and ten cents for every mile he shall travel in going to and returning from the place of the meeting of the Legislature, on the most usual route."-Const, Art. 4, Sec. 21.

"The Speaker of the Assembly shall be entitled to receive fofi every day's attendance euring the session of the Assembly, two dollars and fifty cents in addition to his per diem as a member of the Assembly.-R. S., page 120, Sec. 10.

It is customary to pay the mileage of members both ways, at the commencement of the session, upon the certificate of the Speaker and Clerk, as to the proper sum to which each member is entitled.

The members are entitled to per diem due them, whenever demanded. Since 1862, members have received their per diem certificates from the Chief Clerk at regular intervals of twenty days; which course is preferable on many accounts to the former method of drawing certificates only when demanded by members.

PAY OF OFFICERS.

Chapter 136, General Laws, 1860.

See. 1. There is hereby annually appropriated out of any money in the State Treasury not otherwise appropriated, a sum sufficient to pay the per diem of officers of the Legislature, as follows: To the Chief Clerks, each, five dollars; to the Assistant Clerks, and Sergeant-at-Arms, each, four dollars; to all other Clerks, Postmaster and Assistant Sergeant-at-Arms, each, three dollars; to the Assistant Postmaster, Doorkeeper and Firemen, each, two dollars and fifty cents; to all Messengers, each, one dollar and fifty cents.

Sec. 2. The per diem hereby established shall only be allowed from the commencement to the adjournment of the Legislature, and each of the officers mentioned in this act is hereby authorized to receive his per diem from the Treasury on the certificate of the presiding officers of their respective Houses, as to the number of days attendance.

DUTIES OF OFFICERS.

SPEAKER. The duties of this officer are generally as follows: To open the session, at the time to which the Assembly is adjourned by taking the chair and calling the members to order;

To announce the business before the Assembly in the order in which it is to be acted upon;

To receive and submit, in the proper manner, all motions and propositions presented by the members;

To put to vote all questions which are regularly moved, or necessarily arise in the course of proceedings, and to announce the result;

To restrain the members when engaged in debate, within the rules of order;

To enforce on all occasions the observance of order and decorum among the members;

To inform the Assembly, when necessary, or when referred to for the purpose, in a point of order or practice;

To authenticate, by his signature, when necessary, all the acts, orders and proceedings of the Assembly;

To name the members (when directed to do so in a particular case, or when it is a part of his general duty by the rules) who are to serve on committee; and in general

To repesent and stand for the Assembly, declaring its will, and in all things obeying its commands. Every officer of the House is subordinate to the Speaker, and, in all that relates to the prompt and correct discharge of official duty, is under his supervision.

CHIEF CLERK.-He has the care and custody of all the papers and records, and arranges in its proper order, from day to day, after its inception, a'l the business of the House. He must, in order to have a proper knowledge of the affairs of his department, apportion, systematize and personally supervise the labor of all his subordinates, and, when not called therefrom by more important duties, should officiate in person at the reading desk. The duties of his subordinates are properly his duties, as all are performed under his direction, and he is responsible for any deficiencies. It is his duty to prepare and furnish to the public printer, an accurate record of each day's proceedings, and a copy of every bill, report and other thing ordered to be printed, "on the same day such orders are made;" to keep the pay accounts of members and officers, and issue his certificates of per diem to them; to deliver the messages of the Assembly to the Senate; to sign subpoenas; he can "permit no records nor papers belonging to the Assembly to be taken out of his custody, otherwise than in the regular course of business;" and shall report any missing papers to the notice of the Speaker.

It is his duty to prepare an index to the Journal, at the close of the session, and to be present at the opening of the next session, and attend to such preliminary business as may be necessary, aud conduct the proceedings therein until a Speaker is elected, and perform the duties of Clerk thereof until his successor is chosen and qualified.

He is by law responsible for the safe keeping of all bills and other documents in possession of the Assembly, and for the proper registry of all proceedings; and is required at the close of the session, to deposit all papers in his possession as Chief Clerk, properly classified and labelled, with the Secretary of State.

A more detailed description of the labors connected with the clerkship will be found under the next head.

REGULATIONS IN THE DEPARTMENT OF THE CLERK.

To ensure a systematic and correct performance of the duties of their department, the Chief Clerks of the two Houses have established the following regulations.

DUTIES OF DEPUTIES.

THE ASSISTANT CLERK-It is his special duty:

1. To keep a record of each day's proceedings; and to correct the proof of the same while being printed.

2. To officiate at the reading desk when required by the Clerk; and in case of his absence, to perform his duties generally.

3. To label and file in their appropriate places all papers presented, with proper dates and references.

4. To select each day all papers ordered to be printed, make a list thereof in the book provided for that purpose, and send them to the State Printer, taking his receipt therefor.

5. To keep a list of all absentees on leave, etc.

THE BOOK-KEEPER-It is his special duty:

1. To keep the register of Bills, Rosolutions, Memorials, etc., showing therein and opposite to each title, all action taken, and proceedings had, with regard to such paper.

2. To distribute to the proper committee, or officers, all bills, petitions and other papers referred.

3. To make out all certificates for per diem and mileage, ready for the signature of the Speaker and Clerk.

4. To prepare the Messages to be delivered to the other House, and when not otherwise occupied, to help the Assistant Clerk in the performance of his duties.

THE ENGROSSING CLERK-It is his special duty:

1. To engross all bills ordered to a third reading which the rules require to be engrossed, properly placing all amendments adopted prior to the order for their engrossment.

2. By the direction of the Chief or Assistant Clerk, to perform any necessary service appertaining to the duties of the other deputies.

THE ENROLLING CLERK-It is his special duty:

To make clear, legible copies of all bills which have been concurred in, without erasures or interlineations.

THE TRANSCRIBING CLERK-It is his special duty:

To copy the record of the proceedings of the Assembly into a book prepared for that purpose.

GENERAL REGULATIONS.

1. Each Deputy, when not occupied in the performance of his own special duties, is to render such assistance to the Clerk and to his associate deputies as may be in his power, or as the pressure of duties in a particular department may render necessary.

2. The Deputies are expected to notify the Chief Clerk of any interference by members or others with their duties, and of all improper approaches or requests made to them by any person. They are not to exhibit to any person any bill or other document in their official possession without leave of the Chief Clerk.

3. Perfect courtesy must at all times be maintained towards members, reporters, associate deputies, and all who have business to transact with the department; and interference with legislation cannot be allowed under any circumstances.