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Art. XI. Miscellaneous.
- 63. Session
- 64. Quorum
- 65. Order of Business
- 66. Nominations and Elections
- 67. Constitutions, By-laws, Rules of Order, and
Standing Rules
- 68. Amendments of Constitutions, By-laws and
Rules of Order
63. A Session of an assembly is a meeting
which, though it may last for days, is virtually one meeting, as a
session of a convention; or even months, as a session of Congress; it terminates
by an "adjournment sine die (without day)." The intermediate
adjournments from day to day, or the recesses taken during the day, do not
destroy the continuity of the meetings, which in reality constitute one session.
Any meeting which is not an adjournment of another meeting commences a new
session. In the case of a permanent society, whose by-laws provide for regular
meetings every week, month, or year, for example, each meeting constitutes a
separate session of the society, which session, however, can be prolonged by
adjourning to another day.
In this Manual the term Meeting is used to
denote an assembling of the members of a deliberative assembly for any length of
time, during which there is no separation of the members except for a recess of
a few minutes, as the morning meetings, the afternoon meetings, and the evening
meetings, of a convention whose session lasts for days. A "meeting" of
an assembly is terminated by a temporary adjournment or a recess for a meal,
etc.; a "session" of an assembly ends with an adjournment without day,
and may consist of many meetings. So an adjournment to meet again at some other
time, even the same day, unless it was for only a few minutes, terminates the
meeting, but not the session, which latter includes all the adjourned meetings.
The next meeting, in this case, would be an "adjourned meeting" of the
same session.
In ordinary practice a meeting is closed by moving
simply "to adjourn;" the society meets again at the time provided
either by the rules or by a resolution of the society. If it does not meet till
the time for the next regular meeting as provided in the by-laws, then the
adjournment closes the session, and was in effect an adjournment without day.
If, however, it had previously fixed the time for the next meeting, either by a
direct vote or by adopting a program of exercise covering several meetings, or
even days, in either case the adjournment is in effect to a certain time, and
while closing the meeting does not close the session.
In such common expressions as quarterly meeting and
annual meeting the word meeting is used in the sense of the parliamentary session,
and covers all the adjourned meetings. Thus, business that legally must be done
at the annual meeting may be done at any time during the session beginning at
the time specified for the annual meeting, though the session, by repeated
adjournments, may last for days. The business may be postponed to the next
regular meeting, if desired.
Under Renewal of Motions [38]
is explained what motions can be repeated during the same session, and also the
circumstances under which certain motions cannot be renewed until after the
close of the next succeeding session.
A rule or resolution of a permanent nature may be
adopted by a majority vote at any session of a society, and it will continue in
force until it is rescinded. But such a standing rule does not materially
interfere with the rights of a future session, as by a majority vote it may be
suspended so far as it affects that session; and, it may be rescinded by a
majority vote, if notice of the proposed action was given at a previous meeting,
or in the notice of the meeting; or, without any notice, it may be rescinded by
a majority of the entire membership, or by a two-thirds vote. If it is desired
to give greater stability to a rule it is necessary to place it in the
constitution by-laws, or rules of order, all of which are so guarded by
requiring notice of amendments, and at least a two-thirds vote for their
adoption, that they are not subject to sudden changes, and may be considered as
expressing the deliberate views of the whole society, rather than the opinions
or wishes of any particular meeting.
In case of the illness of the presiding officer the
assembly cannot elect a chairman pro tem. to hold office beyond the session,
unless notice of the election was given at the previous meeting or in the call
for this meeting. So it is improper for an assembly to postpone anything to a
day beyond the next succeeding session, and thus attempt to prevent the next
session from considering the question. On the other hand, it is not permitted to
move the reconsideration of a vote taken at a previous session, though the
motion to reconsider can be called up, provided it was made during the previous
session in a society having meetings as often as quarterly. Committees can be
appointed to report at a future session.
NOTE ON SESSION. -- In Congress, and in fact all
legislative bodies, the limits of the sessions are clearly defined; but in
ordinary societies having a permanent existence, with regular meetings more or
less frequent, there appears to be some confusion upon the subject. Any society
is competent to decide what shall constitute one of its sessions, but, where
there is no rule on the subject, the common parliamentary law would make each of
its regular or special meetings a separate session, as they are regarded in this
Manual.
The disadvantages of a rule making a session include all
the meetings of an ordinary society, held during a long time, as one year, are
very great. If an objection to the consideration of a question as been
sustained, or if a question has been adopted, or rejected, or postponed
indefinitely, the question cannot again be brought before the assembly for its
consideration during the same session. If a session lasted for a long period, a
temporary majority could forestall the permanent majority, and introduce and act
on a number of questions favored by the majority, and thus prevent the society
from dealing with those subjects for the long period of the session. If members
of any society take advantage of the freedom allowed by considering each regular
meeting a separate session, and repeatedly renew obnoxious or unprofitable
motions, the society can adopt a rule prohibiting the second introduction of any
main question within, say, three months after its rejection, or indefinite
postponement, or after the society has refused to consider it. But generally it
is better to suppress the motion by refusing to consider it [23].
64. A Quorum of an assembly is such a
number as must be present in order that business can be legally transacted. The
quorum refers to the number present, not to the number voting. The quorum of a
mass meeting is the number present at the time, as they constitute the
membership at that time. The quorum of a body of delegates, unless the by-laws
provide for a smaller quorum, is a majority of the number enrolled as attending
the convention, not those appointed. The quorum of any other deliberative
assembly with an enrolled membership (unless the by-laws provide for a smaller
quorum) is a majority of all the members. In the case, however, of a society,
like many religious ones, where there are no annual dues, and where membership
is for life (unless it is transferred or the names are struck from the roll by a
vote of the society) the register of members is not reliable as a list of the
bona fide members of the society, and in many such societies it would be
impossible to have present at a business meeting a majority of those enrolled as
members. Where such societies have no by-law establishing a quorum, the quorum
consists of those who attend the meeting, provided it is either a stated meeting
or one that has been properly called.
In all ordinary societies the by-laws should provide for a quorum as large
as can be depended upon for being present at all meetings when the weather is
not exceptionally bad. In such an assembly the chairman should not take the
chair until a quorum is present, or there is no prospect of there being a
quorum. The only business that can be transacted in the absence of a quorum is
to take measures to obtain a quorum, to fix the time to which to-adjourn, and to
adjourn, or to take a recess. Unanimous consent cannot be given when a quorum is
not present, and a notice given then is not valid. In the case of an annual
meeting, where certain business for the year, as the election of officers, must
be attended to during the session, the meeting should fix a time for an
adjourned meeting and then adjourn.
In an assembly that has the power to compel the attendance of its members,
if a quorum is not present at the appointed hour, the chairman should wait a few
minutes before taking the chair. In the absence of a quorum such an assembly may
order a call of the house [41] and thus
compel attendance of absentees, or it may adjourn, providing for an adjourned
meeting if it pleases.
In committee of the whole the quorum is the same as in the assembly; if it
finds itself without a quorum it can do nothing but rise and report to the
assembly, which then adjourns. In any other committee the majority is a quorum,
unless the assembly order otherwise, and it must wait for a quorum before
proceeding to business. Boards of trustees, managers, directors, etc., are on
the same footing as committees as regards a quorum. Their power is delegated to
them as a body, and their quorum, or what number shall be present, in order that
they may act as a board or committee, cannot be determined by them, unless so
provided in the by-laws.
While no question can be decided in the absence of a quorum excepting those
mentioned above, a member cannot be interrupted while speaking in order to make
the point of no quorum. The debate may continue in the absence of a quorum until
some one raises the point while no one is speaking.
While a quorum is competent to transact any business, it is usually not
expedient to transact important business unless there is a fair attendance at
the meeting, or else previous notice of such action has been given.
Care should be taken in amending the rule providing for a quorum. If the
rule is struck out first, then the quorum instantly becomes a majority of all
the members, so that in many societies it would be nearly impracticable to
secure a quorum to adopt a new rule. The proper way is to amend by striking out
certain words (or the whole rule) and inserting certain other words (or the new
rule), which is made and voted on as one question.
NOTE ON QUORUM. -- After all the members of an organization have had
reasonable notice of a meeting, and ample opportunity for discussion, if a
majority of the total membership of the organization come to a certain decision,
that must be accepted as the action or opinion of that body. But, with the
exception of a body of delegates, it is seldom that a vote as great as a
majority of the total membership of a large voluntary organization call be
obtained for anything, and consequently there has been established a common
parliamentary law principle, that if a bare majority of the membership is
present at a meeting properly called or provided for, a majority vote (which
means a majority of those who vote) shall be sufficient to make the act the act
of the body, unless it suspends a rule or a right of a member (as the right to
introduce questions and the right of free discussion before being required to
vote on finally disposing of a question) and that a two-thirds vote shall have
the power to suspend these rules and rights. This gives the right to act for the
society to about one-fourth of its members in ordinary cases, and to about
one-third of its members in case of suspending the rules and certain rights. But
it has been found impracticable to accomplish the work of most voluntary
societies if no business can be transacted unless a majority of the members is
present. In large organizations, meeting weekly or monthly for one or two hours,
it is the exception when a majority of the members is present at a meeting, and
therefore it has been found necessary to require the presence of only a small
percentage of the members to enable the assembly to act for the organization,
or, in other words, to establish a small quorum. ln legislative bodies in this
country, which are composed of members paid for their services, it is determined
by the constitutions to be a majority of their members. Congress in 1861 decided
this to be a majority of the members chosen. In the English House of Commons it
is 40 out of nearly 700, being about 6% of the members, while in the House of
Lords the quorum is 3, or about one-half of 1% of the members. Where the quorum
is so small it has been found necessary to require notice of all bills,
amendments, etc., to be given in advance; and even in Congress, With its large
quorum, one day's notice has to be given of any motion to rescind or change any
rule or standing order. This principle is a sound one, particularly with
societies meeting monthly or weekly for one or two hours, and with small
quorums, where frequently the assembly is no adequate representation of the
society. The difficulty in such cases may be met in societies adopting this
Manual by the proper use of the motion to reconsider and have entered on the
minutes as explained in 36:13.
65. Order of Business. It is customary for
every society having a permanent existence to adopt an order of business for its
meetings. When no rule has been adopted, the following is the order:
- (1) Reading the Minutes of the previous meeting [and their approval].
- (2) Reports of Boards and Standing Committees.
- (3) Reports of Special (Select) Committees.
- (4) Special Orders.
- (5) Unfinished Business and General Orders
- (6) New Business.
The minutes are read only once a day at the beginning of the day's business.
The second item includes the reports of all Boards of Managers, Trustees, etc.,
as well as reports of such officers as are required to make them. The fifth item
includes, first, the business pending and undisposed of at the previous
adjournment; and then the general orders that were on the calendar for the
previous meeting and were not disposed of; and finally, matters postponed to
this meeting that have not been disposed of.
The secretary should always have at every meeting a memorandum of the order
of business for the use of the presiding officer, showing everything that is to
come before the meeting. The chairman, as soon as one thing is disposed of,
should announce the next business in order. When reports are in order he should
call for the different reports in their order, and when unfinished business is
in order he should announce the different questions in their proper order, as
stated above, and thus always keep the control of the business.
If it is desired to transact business out of its order, it is necessary to
suspend the rules [22], which can be done
by a two-thirds vote But, as each resolution or report comes up, a majority can
at once lay it on the table, and thus reach any question which it desires first
to dispose of. It is improper to lay on the table or to postpone a class of
questions like reports of committees, or in fact anything but the question
before the assembly.
66. Nominations and Elections. Before
proceeding to an election to fill an office it is customary to nominate one or
more candidates. This nomination is not necessary when the election is by ballot
or roll call, as each member may vote for any eligible person whether nominated
or not. When the vote is viva voce or by rising, the nomination is like a motion
to fill a blank, the different names being repeated by the chair as they are
made, and then the vote is taken on each in the order in which they were
nominated, until one is elected. The nomination need not be seconded. Sometimes
a nominating ballot is taken in order to ascertain the preferences of the
members. But in the election of the officers of a society it is more usual to
have the nominations made by a committee. When the committee makes its report,
which consists of a ticket, the chair asks if there are any other nominations,
when they may be made from the floor. The committee's nominations are treated
just as if made by members from the floor, no vote being taken on accepting
them. When the nominations are completed the assembly proceeds to the election,
the voting being by any of the methods mentioned under Voting, [46], unless the by-laws prescribe a method. The
usual method in permanent societies is by ballot, the balloting being continued
until the offices are all filled. An election takes effect immediately if the
candidate is present and does not decline, or if he is absent and has consented
to his candidacy. If he is absent and has not consented to his candidacy, it
takes effect when he is notified of his election, provided he does not decline
immediately. After the election has taken effect and the officer or member has
learned the fact, it is too late to reconsider the vote on the election. An
officer-elect takes possession of his office immediately, unless the rules
specify the time. In most societies it is necessary that this time be clearly
designated.
67. Constitutions, By-laws, Rules of Order,
and Standing Rules. The rules of a society, in a majority of cases, may be
conveniently divided into these four classes, though in some societies all the
rules are found under one of these heads, being called either the constitution,
or the by-laws, or the standing rules.
Such provisions in regard to the constitution, etc., as
are of a temporary nature should not be placed in the constitution, etc., but
should be included in the motion to adopt, thus: "I move the adoption of
the constitution reported by the committee and that the four directors receiving
the most votes shall serve for three years, the four receiving the next largest
numbers shall serve for two years, and the next four for one year, and that
where there is a tie the classification shall be by lot;" or, "I move
the adoption, etc....... and that Article III, shall not go into effect until
after the close of this annual meeting." Or, if the motion to adopt has
been made, it may be amended so as to accomplish the desired object.
Constitutions. An incorporated society
frequently has no constitution, the charter taking its place, and many others
prefer to combine under one head the rules that are more commonly placed under
the separate heads of constitution and by-laws. There is no objection to this
unless the by-laws are elaborate, when it is better to separate the most
important rules and place them in the constitution. The constitution should
contain only the following:
- (1) Name and object of the society.
- (2) Qualification of members.
- (3) Officers and their election.
- (4) Meetings of the society (including only what
is essential, leaving
details to the by-laws).
- (5) How to amend the constitution.
These can be arranged in five articles, or, the first
one may be divided into two, in which case there would be six articles. Usually
some of the articles should be divided into sections. Nothing should be placed
in the constitution that may be suspended, except in the case of requiring
elections of officers to be by ballot, in which case the requirement may be
qualified so as to allow the ballot to be dispensed with by a unanimous vote
when there is but one candidate for the office. The officers and board of
managers or directors of an organization that meets only annually in convention,
and the chairmen of such committees as it has authorized and has required to
report to the convention, should be, if present at the convention, ex-officio
members thereof, and provision for this should be made in the constitution. The
constitution should require previous notice of an amendment and also a
two-thirds or three-fourths vote for its adoption. Where the meetings are
frequent, an amendment should not be allowed to be made except at a quarterly or
annual meeting, after having been proposed at the previous quarterly meeting.
[See Amendments to Constitutions, etc., 68.]
By-laws should include all the rules that are of
such importance that they cannot be changed in any way without previous notice,
except those placed in the constitution and the rules of order. Few societies
adopt any special rules of order of their own under that name, contenting
themselves with putting a few such rules in their by-laws and then adopting some
standard work on parliamentary law as their authority. When a society is
incorporated the charter may take the place of the constitution, and in such a
case the by-laws would contain all the rules of the society, except those in the
charter that cannot be changed without previous notice. The by-laws should
always provide for their amendment as shown in 68,
and also for a quorum,64. If it is desired
to permit the suspension of any by-law it should be specifically provided for.
By-laws, except those relating to business procedure, cannot be suspended,
unless they expressly provide for their suspension. By-laws in the nature of
rules of order may be suspended by a two-thirds vote, as stated in
22.
The duties of the presiding and recording officers of a
deliberative assembly are defined in 58
and 59. But in many societies other duties
are required of the president and the secretary, and these, together with the
duties of the other officers, if any, should be defined in the by-laws. If a
society wishes to provide for honorary officers or members, it is well to do so
in the by-laws. Unless the by-laws state the contrary, these positions are
simply complimentary, carrying with them the right to attend the meetings and to
speak, but not to make motions or to vote. Honorary presidents and vice
presidents should sit on the platform, but they do not, by virtue of their
honorary office, preside. An honorary office is not strictly an office, and in
no way conflicts with a member's holding a real office, or being assigned any
duty whatever, the same as if he did not hold the honorary office. Like a
college honorary degree, it is perpetual, unless rescinded. So it is proper,
where desired, to include in the published list of honorary officers the names
of all upon whom the honor has been conferred, even though deceased.
Rules of Order should contain only the rules
relating to the orderly transaction of business in the meetings and to the
duties of the officers. There is no reason why most of these rules should not be
the same for all ordinary societies, and there is a great advantage in
uniformity of procedure, so far as possible, in all societies all over the
country. Societies should, therefore, adopt some generally accepted rules of
order, or parliamentary manual, as their authority, and then adopt only such
special rules of order as are needed to supplement their parliamentary
authority. Every society, in its by-laws or rules of order, should adopt a rule
like this: "The rules contained in [specifying the work on parliamentary
practice] shall govern the society in all cases to which they are applicable,
and in which they are not inconsistent with the by-laws or the special rules of
order of this society." Without such a rule, any one so disposed can cause
great trouble in a meeting.
Standing Rules should contain only such rules as
may be adopted without previous notice by a majority vote at any business
meeting. The vote on their adoption, or their amendment, before or after
adoption, may be reconsidered. At any meeting they may be suspended by a
majority vote, or they may be amended or rescinded by a two-thirds vote. If
notice of the proposed action was given at a previous meeting or in the call for
this meeting, they may be amended or rescinded by a majority vote. As a majority
may suspend any of them for that meeting, these rules do not interfere with the
freedom of any meeting and therefore require no notice in order to adopt them.
Generally they are not adopted at the organization of a society, but from time
to time as they are needed. Sometimes the by-laws of a society are called
standing rules, but it is better to follow the usual classification of rules as
given in this section. The following is an example of a standing rule:
Resolved, That the meetings of this society from April 1
to September 30 shall begin at 7:30 P.M., and during the rest of the year at 8
P.M.
No standing rule, or resolution, or motion is in order
that conflicts with the constitution, or by-laws, or rules of order, or standing
rules.
68. Amendments of Constitutions, By-laws, and
Rules of Order. Constitutions, by-laws, and rules of order, that have been
adopted and contain no rule for their amendment, may be amended at any regular
business meeting by a vote of the majority of the entire membership; or, if the
amendment was submitted in writing at the previous regular business meeting,
then they may be amended by a two-thirds vote of those voting, a quorum being
present. But each society should adopt rules for the amendment of its
constitution, by-laws, and rules of order, adapted to its own case, but always
requiring previous notice and a two-thirds vote. Where assemblies meet regularly
only once a year, the constitution, etc., should provide for copies of the
amendment to be sent with the notices to the members or the constituency,
instead of requiring amendments to be submitted at the previous annual meeting.
The requirements should vary to suit the needs of each assembly, always
providing for ample notice to the members or the constituency. In societies
having very frequent meetings, and also monthly or quarterly meetings more
especially devoted to business, it is well to allow amendments to the by-laws,
etc., to be adopted only at the quarterly or annual meetings. In specifying when
the amendment must be submitted, "the previous regular meeting" should
be used instead of "a previous regular meeting," as in the latter case
action on the amendment might be delayed indefinitely to suit the mover, and the
object of giving notice be defeated. In prescribing the vote necessary for the
adoption of an amendment, the expression "a vote of two-thirds of the
members should never be used in ordinary societies, especially in large
organizations with quorums smaller than a majority of the membership, as in such
societies it is seldom that two-thirds of the members -- that is, two-thirds of
the entire membership -- is ever present at a meeting. If it is desired to
require a larger vote than two-thirds (that is, two-thirds of the votes cast, a
quorum being present), the expression "a vote of two-thirds of the members
present," should be used. Instead of submitting the amendment in writing,
sometimes only notice, or written notice, of an amendment is required. Unless
the notice is required to be in writing it may be given orally. In any case,
only the purport of the amendment is necessary, unless the rule requires that
the amendment itself shall be submitted.
If a committee is appointed to revise the by-laws and
report at a certain meeting, this would be all the notice required, and the
amendments could be immediately acted upon, if the by-laws required only
previous notice of an amendment. But if they required the amendment, or "notice
of such amendment," to be submitted at the previous regular meeting, the
revision could not be taken up until the next regular meeting after the
committee had submitted its report. The committee may submit a substitute for
the by-laws unless it is limited as to its report, as a substitute is an
amendment. Great care should be exercised in amending constitutions, etc., to
comply with every rule in regard to their amendment.
An amendment to the constitution, or anything else that
has already been adopted, goes into effect immediately upon its adoption, unless
the motion to adopt specifies a time for its going into effect, or the assembly
has previously adopted a motion to that effect. While the amendment is pending,
a motion may be made to amend by adding a proviso similar to this, "Provided,
that this does not go into effect until after the close of this annual meeting."
Or, while the amendment is pending, an incidental motion may be adopted that in
case the amendment is adopted it shall not take effect until a specified time.
This requires only a majority vote.
Amending a proposed amendment to the constitution,
etc., may be accomplished by a majority vote, without notice, subject to certain
restrictions. The assembly is not limited to adopting or rejecting the amendment
just as it is proposed, but no amendment is in order that increases the
modification of the rule to be amended, as otherwise advantage could be taken of
this by submitting a very slight change that would not attract attention and
then moving the serious modification as an amendment to the amendment.
Thus, if the by-laws placed the annual dues of members
at $2.00, and an amendment is pending to strike out 2 and insert 5, an amendment
would be in order to change the 5 to any number between 2 and 5; but an
amendment would not be in order that changed the 5 to any number greater than 5
or less than 2. Had notice been given that it was proposed to increase the dues
to more than 5 dollars, or to reduce them below 2 dollars, members might have
been present to oppose the change, who did not attend because they were not
opposed to an increase as high as 5 dollars. The same principle applies to an
amendment in the nature of a substitute, the proposed substitute being open to
amendments that diminish the changes, but not to amendments that increase those
that are proposed, or introduce new changes. Thus, if an amendment is pending,
substituting a new rule for one that prescribes the initiation fee and annual
dues, and the substitute does not change the annual dues, then a motion to amend
it so as to change the annual dues would be out of order. The notice must be
sufficiently definite to give fair warning to all parties interested as to the
exact points that are to be modified. The proposed amendment is a main motion,
and that is the only question before the assembly. It is subject to amendments
of the first and second degree, like other main motions, and no amendment that
is not germane to it is in order.
A society can amend its constitution and by-laws so as
to affect the emoluments and duties of officers already elected, or even to do
away with the office altogether. If it is desired that the amendment should not
affect officers already elected, a motion to that effect should be adopted
before voting on the amendment; or the motion to amend could have added to it
the proviso that it should not affect officers already elected. There is
something in the nature of a contract between a society and its officers which
either one can modify to some extent, or even terminate, but it must be done
with reasonable consideration for the other party. A secretary, for instance,
has no right to refuse to perform his duties on the ground that he has handed in
his resignation. On the other hand, the society cannot compel him to continue in
office beyond a reasonable time to allow for choosing his successor.
Care should be exercised in wording the sections
providing for amending the constitution, etc, to avoid such tautology as "amend,
or add to, or repeal," or "alter or amend," or "amend or in
any way change." The one word amend covers any change whatever in the
constitution, etc., whether it is a word or a paragraph that is added or struck
out, or replaced by another word or paragraph, or whether a new constitution,
etc., is substituted for the old one.
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meetings of any size. Written by the same authorship team as
Robert's Rules of Order Newly
Revised (RONR), this short easy-to-read guide covers the essentials
on the rules most frequently used at meetings. At 176 pages, this handy pocket
manual is roughly one-fourth the number of pages of
RONR, yet this
brief guide is entirely consistent with the larger 704 page
RONR, something
that cannot be said for other short books on parliamentary procedure.
RONR,
Henry M. Robert's classic guide to smooth, orderly, and fairly conducted
meetings, was originally published in 1896 and has sold close to 5 million
copies in nine editions. This 704 page, 10th edition, Parliamentary Authority
will continue the book's reputation as the gold standard of meeting procedure
for professional parliamentarians and novice club presidents and members alike.
When you need the details, this is the book to get!
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Each order from
this website includes a FREE leaflet of "Basic
Parliamentary Information" - This handy reference card includes
charts summarizing the basic characteristics of motions, the
procedure and wording used in handling a main motion, a sample
agenda/order of business, and information on voting and amendments.
Keep this reference card handy in your pocket or purse! |
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http://www.rulesonline.com
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