Mr. McMullin gave notice that he would, on to-morrow, or some future day, introduce a bill authorizing and directing the Attorney General of the State of California, to institute judicial proceedings, to recover certain real estate in the city and county of San Francisco, denominated the Leidesdorff Estate.

Mr. Thompson, asked to be excused from serving on the Judiciary Committee.

He was excused.

The Speaker appointed Mr. Crittenden on the Judiciary Committee, in place of Mr. Thompson, excused.

Mr. McConaha, gave notice that he would, on Wednesday next, introduce a bill providing for appeals in certain cases, arising under the law of forcible entry and unlawful detainer.

Mr. Merritt offered the following joint resolution:

Resolved, By the Senate and Assembly, that the Attorney General be, and is hereby directed to instruct the various district Attornies of this State, to commence suit against such County Treasurers as have not paid into the State Treasury the amount of funds due the State for the present fiscal year.

Referred to the Judiciary Committee.

Mr. McMullin moved to take from the table the report of the Committee upon Rules.

Agreed to.

Mr. McMullin also moved that the House resolve itself into Committee of the Whole to consider the report of the Committee upon Rules.

Agreed to.

The Speaker called Mr. Merritt to the chair. The Committee of the Whole made sundry amendments to the report of the committee, and upon motion of Mr. McMullin, the committee rose, reported progress, and asked to be discharged from the further consideration of the subject.

Agreed to.

On motion of Mr. McMullin, the House concurred in the amendments made in Committee of the Whole, and adopted the following Rules and Regulations for the government of the House of Assembly.

1. He shall take the Chair every day precisely at the hour to which the House shall have adjourned on the preceding day; shall immediately call the House to order, and, on the appearance of a quorum, shall cause the journal of the preceding day to be read.

2. He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any two members; on which appeal no member shall speak more than once, unless by leave of the House.

3. He shall rise to put a question, but may state it sitting.

4. The Speaker shall examine and correct the journal before it is read. He shall have a general direction of the hall. He shall have a right to name any member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment.

5. All Committees shall be appointed by the Speaker, unless otherwise specially directed by the House.

6. In all other cases of ballot than for Committees, a majority of the votes given shall be necessary to an election; and, when there shall not be such a majority on the first ballot, the ballot shall be repeated until a majority shall be obtained; and in all ballotings blanks shall be rejected and not taken into the count in the enumeration of votes, or reported by the Tellers.

7. In all cases of election by the House of its officers, the vote shall be taken viva voce.

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

9. In case of any disturbance or disorderly conduct in the galleries or

lobby, the Speaker (or Chairman of the committee of the whole House,) shall have power to order the same to be cleared.

10. No person shall be allowed the privilege of the hall, under the character of stenographer, without a written permission from the Speaker, specifying the part of the hall assigned to him; and no reporter or stenographer shall be admitted under the rules of the House, unless such reporter or stenographer shall state, in writing, for what paper or papers he is employed to report.

11. The Clerk of the House shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities. He shall be deemed to continue in office until another be appointed.

12. Petitions having been presented and disposed of, reports from committees shall be called for and disposed of; in doing which, the Speaker shall call upon each standing committee in the order they are named, and when all the standing committees have been called on, then it shall be the duty of the Speaker to call for reports from select committees; if the Speaker shall not get through the call upon the committees before the House passes to other business, he shall resume the next call where he left off. Resolutions shall then be called for in the same order, and disposed of by the same rules which apply to petitions; Provided, That no member shall offer more than one resolution, or one series of resolutions, all relating to the same subject.

13. After an hour shall have been devoted to reports from committees and resolutions, it shall be in order, pending the consideration or discussion thereof, to entertain a motion that the House do now proceed to dispose of the business on the Speaker's table, and to the orders of the day; which being decided in the affirmative, the Speaker shall dispose of the business on his table in the following order, viz:

I. Messages and other Executive communications.

II. Messages from the Senate, and amendments proposed by the Senate to bills of the House.

III. Bills and resolutions from the Senate on their first and second readings, that they be referred to committees and put under way. But if on being read a second time, no motion be made to commit, they are to be ordered to their third reading, unless objection be made; in which case, if not otherwise ordered by a majority of the House, they are to be laid on the table in the general file of bills on the Speaker's table, to be taken up in their turn.

IV. Engrossed bills and bills from the Senate on their third reading.

V. Bills of the House and from the Senate, on the Speaker's table on their engrossment, or on being ordered to a third reading, to be taken up and considered in the order of time in which they passed to a second read

ing. The messages, communications and bills on his table having been disposed of, the Speaker shall then proceed to call the orders of the day.

OF DECORUM AND DEBATE.

14. When any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat and respectfully address himself to "Mr. Speaker," and shall confine himself to the question under debate, and avoid personality.

15. If any member, in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any member may, call to order; in which case, the member so called to order shall immediately sit down unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate; if there be no appeal the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed, in case any member object, without leave of the House; and, if the case require it, he shall be liable to the censure of the House.

16. If a member be called to order for words spoken in debate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table; and no member shall be held to answer, or be subject to the censure of the House, for words spoken in debate, if any member has spoken, or other business has intervened, after the words spoken and before exception to them shall have been taken.

17. When two or more members happen to rise at once, the Speaker shall name the member who is first to speak.

18. No member shall speak more than twice on the same question, without leave of the House, unless he be the mover, proposer or introducer of the matter pending; in which case, he shall be permitted to speak in reply, but not until every member choosing to speak, shall have spoken.

19. If a question depending be lost by adjournment of the House, and revived on the succeeding day, no member who shall have spoken on the preceding day, shall be permitted again to speak without leave.

20. No member or other person shall visit or remain by the Clerk's table, while the ayes and nays are calling, or ballots are counting.

21. No member shall vote on any question in the event of which he is immediately or particularly interested, or in any case when he was not within the bar of the House when the question was put; and when any member shall ask leave to vote, the Speaker shall propound to him the question : "Were you within the bar when your name was called?"

22. Upon a division and count of the House on any question, no member without the bar shall be counted.

23. Every member who shall be in the House when the question is put, shall give his vote, unless the House, for special reasons, shall excuse him. All motions to excuse a member from voting shall be made before the House divides, or before the call of the yeas and nays is commenced; and any member requesting to be excused from voting may make a brief verbal statement of the reasons for making such request, and the question shall then be taken without further debate.

24. When a motion is made and seconded, it shall be stated by the Speaker: or, being in writing, it shall be handed to the Chair, and read aloud by the Clerk, before debated.

25. Every motion shall be reduced to writing, if the Speaker or any member desire it.

26. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in possession of the House, but may be withdrawn at any time before a decision or amendment.

27. When a question is under debate, no motion shall be received but_to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged; and no motion to postpone to a day certain, to commit or to postpone indefinitely, being decided, shall again be allowed on the same day, and at the same stage of the bill or proposition. A motion to strike out the enacting words of a bill shall have precedence of a motion to amend, and if carried, shall be considered equivalent to its rejection.

28. When a resolution shall be offered, or a motion made to refer any subject, and different committees shall be proposed, the question shall be taken in the following order: The committee of the whole House; a standing committee; a select committee.

29. A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order; these motions, and the motion to lie on the table, shall be decided without debate.

30. The hour at which every motion to adjourn is made, shall be entered on the Journal.

"Shall the main ques

31. The previous question shall be in this form: tion be now put?" On a motion for the previous question, and prior to the seconding of the same, a call of the House shall be in order; but after a majority shall have seconded such a motion, no call shall be in order prior to a decision of the main question.

32. On a previous question there shall be no debate. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.