If any difficulty arises in point of order, during the division, the Speaker is to decide peremptorily, subject to the future censure of the House, if irregular. He sometimes permits old experienced members to assist him with their advice, which they do sitting in their seats, covered to avoid the appearance of debate; but this can only be with the Speaker's leave, else the division might last several hours.—2 Hats. 143.
The voice of the majority decides. For the lex majoris partis is the law of all councils, elections, &c., where not otherwise expressly provided.—Hakew. 93. But if the House be equally divided, "semper presumatur pro negante:" that is, the former law is not to be changed but by a majority.—Towns. col. 134.
But, in the Senate of the United States, the Vice-President decides, when the House is divided.—Const. U S., Art. I. Sec. 2.
When, from counting the House, on a division, it appears that there is not a quorum, the matter continues exactly in the state in which it was before the division, and must be resumed at that point on any future day.—2 Hats. 126.
1606, May 1, on a question whether a member having said Yea, may afterwards sit and change his opinion? a precedent was remembered by the Speaker, of Mr. Morris, attorney of the wards, in 39 Eliz., who in like case changed his opinion.—Mem. in Hakew. 27.
SECTION XLII.
TITLE.
After the bill has passed, and not before, the title may be amended, and is to be fixed by a question; and the bill is then sent to the other House.
SECTION XLIII.
RE-CONSIDERATION.
When a question has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the re-consideration thereof.—Rule 22.
1798, Jan. A bill on its second reading, being amended, and on the question, whether it shall be read a third time negatived, was restored by a decision to re-consider the question. Here the votes of negative and re-consideration, like positive and negative quantities in equation, destroy one another, and are as if they were expunged from the journals. Consequently the bill is open for amendment, just so far as it was the moment preceding the question for the third reading. That is to say, all parts of the bill are open for amendment, except those on which votes have been already taken in its present stage. So also may it be re-committed.