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oral votes; and said tellers having read the same in the presence and hearing of the two houses thus assembled, shall make a list of the votes as they shall appear from the said certificates; and the votes having been counted, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote and the names of the persons, if any elected, which announcement shall be deemed a sufficient declaration of the persons elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the journals of the two bouses.

If, upon the reading of any such certificate by the tellers, any question shall arise in regard to counting the votes therein certified, the same having been stated by the presiding officer, the Senate shall thereupon withdraw, and said question shall be submitted to that body for its decision; and the Speaker of the House of Representatives shall, in like manner, submit said question to the House of Representatives for its decision. And no question shall be decided affirmatively, and no vote objected to shall be counted, except by the concurrent votes of the two houses; which being obtained, the two houses shall immediately reassemble, and the presiding officer shall then announce the decision of the question submitted ; and upon any such question there shall be no debate in either house. And any other question pertinent to the object for which the two houses are assembled may be submitted and determined in like manner.

At such joint meeting of the two houses seats shall be provided as follows: for the President of the Senate, the “Speaker's chair"; for the Speaker, a chair immediately upon his left; for the Senators, in the body of the hall upon the right of the presiding officer; for the Representatives, in the body of the hall not occupied by the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two bouses, in front of the Clerk's desk and upon either side of the Speaker's platform.

Such joint meeting shall not be dissolved until the electoral votes are all counted and the result declared ; and no recess shall be taken, unless a question shall have arisen in regard to counting any of such votes, in which case it shall be competent for either house,

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acting separately in the manner hereinbefore provided, to direct a recess not beyond the next day, at the hour of one o'clock p. m.February 6, 1865.

[At the first session of the 44th Congress (see H. R. Journal, p. 239) the Senate transmitted to the House the following message, viz:

“The Senate have passed the following resolution, viz:

Resolved by the Senate (the House of Representatives concurring), That the joint rules of the Senate and House of Representatives in force at the close of the last session of Congress, except the twenty-second joint rule, be, and the same are hereby, adopted as the joint rules of the two houses for the present session.'»

The only action taken by the House on this resolution was its reference to the Committee on Rules. Ibid, p. 318.

August 14, 1876, the House adopted the following resolution, viz:

Resolved by the House of Representatives (the Senate concurring), That the sixteenth and seventeenth joint rules be suspended for the remander of the session.”-Same Journal, p. 1470.

The same having been transmitted to the Senate, on the 14th of August, 1876 (same Journal, pp. 1477, 1478), the Senate transmitted to the House the following message, viz:

“The Senate has passed a resolution in relation to the suspension of the sixteenth and seventeenth joint rules, in response to a resolution of the House on the same subject, notifying the House that as the House had not notified the Senate of the adoption of joint rules for the present session, as proposed by the resolution of the Senate of the 20th day of January last, there are no joint rules in force."]

DIGEST

OF THE

RULES AND PRACTICE OF THE HOUSE OF REPRESENTATIVES

OF THE UNITED STATES.

SECOND EDITION.

Compiled by HENRY H. SMITH, Journal Clerk, House of Representatives, under

the act of March 3, 1877.

ABSENCE FROM THE HOUSE.

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Prohibited except with leave or from inability to attend.—Rule 33, p. 109.

Less than a quorum may compel attendance.—Const., 1, 5, 8.
Fifteen members may compel atteudance.Rule 34, p. 109.

Deduction from compensation for, and further deduction from compensation for, without leave.—R. S., secs. 40, 41.

ABSENCE FROM COMMITTEES OF THE WHOLE.

When without quorum by reason of, roll to be called.-Rule 106,

p. 129.

[When the roll-call is finished, under the usual practice, the chairman immediately vacates the chair and reports to the Speaker as absentees all such as failed to answer to their names. Although the practice varies as to the time of reporting the absentees, it would seem that the mode prescribed by Rule 35, p. 109, was the proper one to pursue, i. e., the roll to be called and absentees noted, after which the names of the absentees should be called over, and then the absentees reported to the House.

ACCOUNTS, COMMITTEE OF. For number, when appointed, and duties of.— Rules 74, 98, 140, and 27, pp. 119, 126, 139, and 108.]

ACCOUNTS FOR PAY AND MILEAGE.

(See COMPENSATION.)

ACTS AND ADDRESSES.

See Rule 8, p. 104.

ADDRESS TO THE PRESIDENT.

Where to be presented, by whom, &c.—Joint Rule 11, p. 146.

ADHERE, MOTION TO.

The questions respecting amendments from another house are: 1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhereManual, p. 80—and take precedence in that order.-Journals 1, 23, p. 229; 1, 34, p. 1516 to 1518.

"In the ordinary parliamentary course there are two free conferences, at least, before an adherence”—Manual, p. 88—and sometimes three or four.—Journals, 1, 34, p. 943; 1, 35, p. 1136. Although “either bouse is free to pass over the term of insisting, and to adhere in the first instance; but it is not respectful to the other.” - Manual, p. 86.

A conference may take place after a vote of adherence by one house.—Journals, 1, 3, pp. 281, 283; 2, 3, p. 254; 1, 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620 ; Senate Journal, Jan. 20, 1834; Janual, p. 89.

“After each house shall have adhered to their disagreement, a bill or resolution shall be lost.”—Joint Rule 15, p. 104.

(See AMENDMENTS BETWEEN THE TWO HOUSES and CONFERENCE COMMITTEE.)

ADJOURN, MOTION TO.

“A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order, and these motions shall be decided without debate."-Rule 44, p. 111. It has been decided and acted upon that the motion “ to fix the day to which the House shall adjourn” takes precedence of a motion “ to adjourn”; the reason being that before the House adjourns it is proper to fix the time to which it shall adjourn_Note to same rule ; but when

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