Download - Standing rules and orders of the legislative council of the Virgin Islands

Standing rules and orders of the legislative council of the Virgin Islands.Author(s): British Virgin Islands. and Legislative Council.Source: Foreign and Commonwealth Office Collection, (1900)Published by: The University of Manchester, The John Rylands University LibraryStable URL: http://www.jstor.org/stable/60232666 .

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STANDING

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ORDERS OF THE LEGISLATIVE COUNCIL OF THE VIRGIN ISLANDS,

PaSSSD I1T PUKSUAKCE ON StCTION 11 of Ordinance No. 5 0? 1SC7.)

MEETINGS,

1. Meetings of tlie Council diad be held when sumraoi cd by or¬ der of the Commissioner. The hour of meeting shall be eleven o'clock in the lore: con uiVcss some other hour be appointed.

2. Notice of meetings shall be given by the Clerk to members of the Council, at least three dajs before the day of meeting; except in case of emergency to be determined by the Commissioner.

3. At anytime during a meeting the C< uncil may, on motion to that effect being canied adjourn 10 any other hour or day, and should the adjournment be to anotuer day, notice of such id join nment shall be

given to Ihe members by the Clerk

4. The Presiding member may at any time suspend, or adjourn any meeting. 1

5 - "When a quorum has been formed the minutes of the last pre- cedmg moating shall be read, and the quest on of thci r confirmation slndl bo put; but no debate shall be allowed theieupcn, except as'to the ac- uracs of (Lc minutes.

(«) (*> (') (d) (')

G. rI he minutes having been confirmed, tho order of business shall he as follows : —

Messiaes or minutes of the Governor

1'epotts from Commi'tees. Petitions. Notices,

(^uestion^. After -which the Order of the day shall be taken up and businefs

sliall.be proceeded with accoidimdy. 7. Petitions addressed to iLo Council may bo sent to tho Clerk of

the Council, or they may be p oscnied by any nvmber of the Council. No petition shall be receive j which is not piopcily ru\d respectfully

a\ orded, or which doe not relate to matters of Legislation It snail 1 -e the duty of the Clnrk of the < ouncil, < r of the n.i mb< r.piosoniing a Peti¬ tion, to inform the Council if Hk 10 be any doubt as to a Petition coming under the prohibitions

Petitions not coming within the above prohibitions shall be received as oi course vuthout question.

Petitions relating to any Pills before a Committee shall he leferred by the lerk on receipt to the Committee by whom they will be presen¬ ted to the Council with their Report. Olher Pet-ilions after being ro-

if it be so resolved, may be read, o.- m ij be printoL or may be I to a Committee for consideration and 'eport.

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8. Messages or Minutes cf the Governor may be read at any time' during a meeting.

9. The following motions may be made without notice; —

(a) Any motion for the confirmation or amendment of the minutes of the Council or for the adoption, modification, or rejec¬ tion of the report of any committee.

(Z>) Auy motion that a Petition, or other paper, do lie on the table or be printed.

(o) Any motion-for the adjournment of the Council, or of a debate.

(J) Any motion for the suspension of the Standing Orders.

(e) Any motion for the reference of any matter to a Com¬ mittee.

(/) Any motion for the withdrawal of strangers. 0) Any motion made when the ouncil is in Coram ttee. (//) Any motion the urgency of which is admitted by the

Presiding member and two thirds of the members present.

RULES OF DEBATE.

10. It shall be competent for any member of the Legislative Coun¬ cil to propose any question for debate thereon and such question, if seconded by any other member shall la debated an l disposed of accord¬ ing to tho Standing Rules and Orders. Provided always that any Ordi¬ nance, Vote, Resolution, or question,the object or effect of which maybe to dispo-e of or charge any part of the revenue arising within the Presi¬ dency shall be proposed by the Presiding member, unless the proposal of the sa i.e shall have been especially allowed or clueeted by him.

11. Every member shall speak standing and shall address himself to the Presiding member.

12. No member shall refer to any other member by name except in the case of reference to an unofficial member and then only where it is necessary for the purpose of the debate.

13. No member shall interrupt anodic.• "<hen speaking, except by rising to o der. A me nber rising to order .-.-<,ui birnply direct attention to the point which ho desired to bring to notice and submit it to the de¬ cision of the Presiding member.

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14. Every member must confine his &• serrations to the subject un¬ der consideration No member shall impute improper motives to any other member. All personalities are to be avoided.,

15. If two members rise to speak at the same time, the Presidium member shall call upon one of them to address the Council first, A member may not read his speech but he may read ex'racts from written or printed papers in support of his argument.

16. It shall be the duty of the Presiding member or his own au¬ thority to enforce all these Rules : and when the Presiding member ad¬ dresses the Council, auy member speaking.shall immediately resume his seat.

17. No speech shall be made on presenting a petition beyond such as may be necessary to explain its nature and object.

R\ When a question has been asked and answereJ, no further debate thereon si all be permitted. x

19 No member may speak more than once on any question, ex¬ cept when the Council is in Committee.

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3.

The mover of any motion may, however, reply at the close of a de¬

bate, and any member may explain himself if he has been mis-apprehen¬ ded in any essential statement The mover of any amendment to any motion shall not have the right of reply at the close of debate on such amendment.

20. The mover of any motion or amendment may speak in support thereof ; but no further debate shall be allowed, whether the Council be in Committee or not, until the motion or amendment be duly seconded.

2!. If any amendment be proposed and seconded, it shall ba con¬ sidered before the original question.

If an amendm< nt of a proposed amendment be moved and dulv seconded, it shall be considered as if such previous amendment were an original question.

£2. Any amendment moved and seconded may be required by the Presid ng member to be committed to writing by the mover and deliver¬ ed to the clerk.

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23. When a Bill is in Committee each clause shall be read by the Clerk, or by the member in charge of the lull and shall then be put from the chair witi out motion by this question: - " That this cause do stand-

part of the Pill" and the clause shall be treated ad a motion.

24- In filling up blanks in Bills and putting Questions of Amend¬ ment respecting amount of money or periods of tm:c the question of the lowest amount of money, or shortest period of time proposed shall be fiist put,

25, On a division that votes shall be taken by the Clerk, the roll cf members present shall be read by the Clerk begiuiiig with the junior member.

Each member shall in his turn declare whether he is for or against the motion made The Clerk shall then read out the lesult, mentioning the total number of votes for and against respectively.

2fi. If any member dissenting from the opinion of the majority wish to have his dissent record \l, In sh ill state so forthwith ; and the reasons of his dissent may be laid en the table either at the same er at the following meeting.

27. After a question has been put by the Presiding Member no further discussion thereupon all tie allowed.

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28. The standing eiders of the Council or any of them may be suspended by consent of tho Presi ling Member an 1 a majority of" the members present.

20. No member shall leave the Council era Committee of the Council but by the consent cf the Presiding Member or Chairn.au of Committee.

SO. Ail matters under discussion and any business not disposed of at the time of any adjournment shall stand as an Order of the Day for the next meeting of the Council.

31. St angers may be present in the Council Chambers during debate.?, but must withdraw when called upon to do so. by the Presiding Member or any member taking notice of their presence

Any stranger expres.siug approbation or disapprobation shall be immediately removed.

oz. All matters not provided for by these Rules and Orders shall be governed by the practice of Parliament in sm.h matter?, as enunci-

A



ated in May's Parliamentary Practice, a copy of which shall always be at the disposal of the t ouncil.

ORDINANCES.

?3. In the making of Laws the Presiding Vember and the Coun? .cil shall observe as far as practicable the following Rules :—

(a) All Laws shall be stjded "Ordinances " and the enact¬

ing words shall be ".ordained by the Governor and Legislative i ouncil of the Virgin islands."

(b) All Ordinances shall be distinguished by titles, and shall be divided into successive c'auses or paragraphs, numbered con-

secutive'y and to eveiy such clause there shall be annexed in the mar-:

gin a short summary of its ontent?. '1 he Oidin mce^ of C8eh year shall-

be"distinguishe'd"b_\ con ecutive numbeis commencing in each year wit i the number one.

34. A printed copy of every Bill shall, if-possible be .sent to each member by the Clerk at least three clear days before it is read a first time.

" 35. When a Bill has been lead a second time the Council shall resolve itself into ommitte t<> consider it clause by clause, and amend it as may be deemed necessaiy unless at this stage of the proceedings .the Bill be referred to a select committee.

36 When a Bill shall have been referred to, and reported on by, a select Committee appointed under hule 41 and it shad be certified by the Chairman of such isekeb Committee that such Bill has been considered

.clause by clause in the presence or a quorum of the members of. such select Vommitteat least, and that, in the opinion of the Committee .such Bill may be dealt with by the Council in the same manner as a Bill' repotted on by a '* ommitteo of the v. hole Council, such Bill may bo.

.dealt with accordingly if no me nber object, but if any member object thclhll-shall be dealt with in the sxme m nneras a Bill by a Committee' .of the whole Council.

87 If no material alteration be ma 'c on any Bill so committed, ,it may be read a third time and passed at the same meeting, if no mem¬ ber object; but if pay Indiana! alteration be made, or .sny member ob¬ ject to proceed imrn 'diatcly with the thud reading, it shall be postponed, till the next ensuii g meeting.

C8. If on the third reading, any member desire to omit or amend, any provision contained in the Bill < r to intr duce any fresh provision theienifo, he may more that the Lill be recommitted, nnd if the morion, be carried, maiginal notes of the dil.eicut clauses of the Lill shall be- read seriatim"b\ the Clerk an any alteration proposed shall be discussed in its-piopcr place: alter which the Council shall resume and the thiid. reading mav be moved. jt>

39. A Bill may be referred to a special Committee at any stage of its progress.

40. When a Rill Ins been read a third time the question "that this Bill do pass

' shall imnndilely he put.

41. When the Co-^nor requires that amendma; t be made to a Bill passed by the Council before the law is brouglt into opmation such Bill shall be recomputed lor the consideration udy of the amendment or •iincadmenbr _ ^d.

The Eill shall be*submitted to the Governor with the amendment3 ^ade therein or v/ilh such ox them ;is the Council shall approve



COMMITTEES.

42. The members of select Committees shall be chosen by the Presiding member.

43. Every select committee shall consist of at hnst three members.

4 k _ No specia1 committee shall be competent io act unless ac least three of its members be present.

45. _ The report of every committee shall be signed by the Chair¬ man, or, in his absence by the sei.ior member present.

46. In any case where individual rights or in'crests of property maybe peculiarly affected !>y anv proposed Bill, all parties inteiested may, upon petit on for that purpose, and oa motio made, seconded and carried be heard before the Council, or any committee thereof either in person or by Counsel '

47. When it is intended to examine any witness, the member or the Petitioner requiring such witnesses shall deliver to the CI rk a list containing the names and residences of such witnesses at lenst two days before the day appointed tor their examination Ihe evidence of every such witness shall be taken down by the Clerk and signed by the witness.

48. Before any Private Bill whereby the property of any private person may be affected, is introduced, notification of the intenth n of the parties to apply for s.ich private Bill shall be given by the parties bv t o advertisements in the Official Gazette and two in some newspaper en dilating in the Presi -ency and by Publication of the pro, osed Bill ouce at least in the Official t.azette. No private ('rdinance shall be passed whereby tlie property o :.ny private person may be affected in which there is not a saving of the rights of Her Majesty the Queen Her Heirs and Successors and of all bodies politic or corporate and of all other persons except such as are mentioned in the Ordinance and those claiming by, from, and under them

CLERK OF THE COUNCIL.

49. The Cleik of the Council *h .11 keep an Order Book in which he shall enter and number in succession the subjects intended to be brought under discussion at each meeting.

50. The Clerk of the Council shall also keen minutes of the nro- ceedings of the Council. *

51. The Clerk shall send to each member two clear davs at le-ist before each meeting a copy of the i rder of the Day for such meeline unless the Council shall have adjourned for a period oi less than three days. •

Passed the Legislative Council loth day of March 1900.

N. G. ' 0 )KMAN.

Freadeni Leyiolutivt Council.

Approred, F. FLEMING,

Go'f not. 16th Marcll, 1900.



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