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sented by the parties, recommend the adoption of the following resolution :
Resolved, That Edmund S. Pendleton was duly elected on the 4th day of November, 1873, as the member of the house of delegates from the county of Goochland, and is entitled to a seat therein as such.
Leave of absence was granted Messrs. Swann one day and Young five days.
Mr. Stuart, under a suspension of the rules, offered the following resolution :
Resolved, That the committee for courts of justice be and they are hereby instructed to prepare and report a bill which shall provide that in future all acts incurred in the arrest, custody and trial of persons charged with criminal offences in the several counties and cities of this Commonwealth, shall be defrayed out of the treasuries of the respective counties and cities, in the courts of which said prosecutions are conducted, and not out of the treasury of the State.
The resolution was agreed to-yeas 45; nays 43.
YEAS-Messrs. Alexander, Anderson, Armentrout, Armstrong, Banks, Beaton, Bickings, Blair, Branch, J. Armistead Carter, Peter J. Carer, Cecil, Cockerille, Cox, Crank, Fitzpatrick, Flood, T. S. Gibson, Gilliam, Hale, Hamilton, Harris, Hill, Holbrook, Johu T. Hoskins, II'inter, Koiner, J. Horace Lacy, Lee, Lipps, Lipscomb, Longley, Lovell, Magruder, McGonigai, Nickens, Pendleton, Rains, Sellers, Stuart, Wallace, Whittaker, Williams, Yager, and Mr. Speaker-45.
Nays-Messrs. Bagwell, Bohannon, Brown, Jack Carter, A. J. Clark, Critz, Davis, Dooley, Finney, Franklin, Fulkerson, Gaines, Gardner, P. Gibson, Gilman, Goolwyn, Graves, Griffith, Haden, James, Jett, Jordan, B. W. Lacy, Lamkin, Lightner, Lovenstein, May, McMullan, Montague, Morris, John L. Nash, Neeley, Oud, Pannill, Powell, Richmond, Spratt, Syphax, Taliaferro, Taylor, Webb, Wharton, and Withers-43.
Mr. P.J. Carter moved a reconsideration of the vote by which the resolution was agreed to, which motion was rejected.
The following were presented and referred under rule 37:
By Mr. Powell: A bill to amend and re-enact 16th section, eighth chapter, Code of Virginia (edition 1873), in relation to elections. Referred to committec on privileges and elections.
By Mr. Beaton : A bill to incorporate the town of Lawrenceville, in Brunswick county. Referred to committee on counties, cities and towns.
By Mr. B. W. Lacy :
Resolved, That the committee on the Chesapeake and its tributaries inquire into the expediency of enacting a law for the protection of sturgeon in the tidal rivers, and to prevent the destruction of young sturgeon in the autumn, and make report to this house by bill or otherwise,
By Mr. Lovenstein : A bill incorporating the Germania Männerchor of the city of Richmond. Referred to committee on propositions and grievances.
By Mr. Dooley: A bill to amend and re-enact section 35, chapter 172, Code of 1873, with reference to depositions. Referred to committee for courts of justice.
By Mr. Richmond : Joint resolution directing the president and directors of the Atlantic, Mississippi and Ohio railroad company to commence the work on the road to Cumberland Gap. Referred to committee on roads and internal navigation.
By Mr. Gilliam : A bill to amend and re-enact chapter 99, section 9, Code of 1873, in reference to killing wild fowl, and to protect the catching thereof in nets or traps. Referred to committee on propositions and grievances.
By Mr. Taliaferro :
Resolved, That the joint committee on constitutional amendments be instructed to inquire into the power of the general assembly to frame and submit for ratification to the people of this State a new constitution, and if in their judgment such power exists and it shall be deemed expedient, that they shall report to the general assembly such new constitution for its consideration.
By Mr. Armstrong:
Resolved, That the joint committee on constitutional amendments be requested to inquire into the expediency of amending the constitution by adding to the eighth line of the first section of the third article, after the word "voting, the words: "paupers and all persons who have been assessed with taxes, for either State or county purposes,
for the year next preceding any election at which they may propose to vote, and have failed to pay
the By Mr. Armstrong:
Resolved, That the joint committee on constitutional amendments be requested to inquire into the expediency of amending the constitution by striking out the word "annually," in the first line of the sixth section and fifth article, and insert the word “biennially."
By Mr. A. J. Clark: A bill to amend and re-enact section 26, chapter 47, in relation to clerks of boards of supervisors. Referred to committee on counties, cities and towns.
By Mr. Armstrong: A bill to amend and re-enact sections 1, 5 and 6 of chapter 174 of the Code of 1873, making it the duty of sheriffs or sergeants to execute decrees of sales by any court, and allowing them compensation therefor. Referred to committee for courts of justice.
By Mr. Armstrong: A petition of a portion of the citizens of the county of Rockingham, praying for the passage of a law providing that in all cases where the courts decree the sale of lands, that the sheriffs be appointed commissioners to sell the same. Referred to committee for courts of justice.
By Mr. Gilman :
Resolved, That the committee for courts of justice be directed to inquire and report upo. the expediency of the Sate's uniting with the corporation authorities of the city of Richmond in the erection of a suitable courthouse for the use of the supreme court of appeals and law library, in connection with the courts of the city of Richmond; and in view of such action, to determine what disposition shall be made of the
property of the State now used for the purposes of the said court of appeals and said library.
The morning hour having expired, the house proceeded to the business on the calendar.
No. 31. Senate bill entitled an act to define and declare the true intent and meaning of the act in force April 2, 1873, entitled an act to amend and re-enact sections 5 and 7 of an act to regulate and define the jurisdiction of the county and circuit courts, to prescribe the number of terms of the circuit court, and to fix the pay of county judges, came up.
Mr. Blair moved to insist on the substitute of the house of delegates, which was agreed to.
No. 117. Senate bill entitled an act to release certain taxes and county levies in the county of Elizıbeth City and other counties, was read a third time and passed-yeas 78; nays 4.
The vote required by the constitution was recorded as follows:
YEAS–Messrs. Alexander, Anderson, Armentrout, Amstrong, Bagwell, Banks, Beaton, Bicking, Blair, Boliannon, Branch, Brown, Campbell, J. A. Carter, Jack Carter, A. J. Clark, Cockerille, Cox, Crank, Critz, Davis, Dooley, Finney, Fitzpatrick, Flood, Franklin, Fulkerson, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilman, Goodwyn, Graves, Griffith, Hailen, Hale, Hill, Holbrook, Jno. T. Hoskins, James, Jett, Jordan, Koiner, B. W. Lacy, J. Horace Lacy. Lee, Lightner, Lipps, Longley, Lovenstein, Magruder, McGonigal, McMullan,
Montague, John L. Nash, Neeley, Nickens, Oulu, Pannill, Pendleton, Powell, Rains. Richmond, Sellers, Shumate, Spratt, Stuart, Taliaferro, Taylor, Wallace, Webb, Wharton, Whittaker, Williams, Witherz, Yager, and Mr. Sp'aker-78.
NAYS- Jessrs. Peter J. Carter, Gilliain, Hamilton, and Harris—4.
Mr. Beaton moved a reconsideration of the vote by which the bill was passed, which was rejected.
The following house engrossed bills were read a third time and passed ::
No. 15. House engrossed bill authorizing D. A. Plecker to erect a toll-bridge across North river, at Mount Crawford, in Rockingham county.
No. 73. House engrossed bill, to amend and re-enact an act entitled an act authorizing certain commissioners to sell a certain lot of land in Winchester belonging to the Winchester aculemy.
No. 26. House joint resolution to amend and re-enict joint resolution directing a distribution of the Cody when published, approved April 2, 187:3, was,
On motion of Mr. Bagwell, recommitted to the committee on finance.
No. 77. House bill to amend section 3 of chapter 184 of the Code of 1873, relative to the mode of enforcing recoveries of money on executions, was read a second time.
The question being on ordering the bill to be engrossed to be read a third time, was put and decided in the negative.
The following house bills were read a second time and dismissed :
No. 79. House bill to arrest the sale of delinquent land on certain conditions, (on-motion of Longley).
No. 81. House bill to repeal sections 21, 22, 23 and 24, chapter 172, Code of 1873, in relation to parties to suits testifying in their own behalf, (on motion of Mr. Dooley).
No. 85. House bill to amend section 16, chapter 52, Code of 1873, for the more efficient collection of fines for failure to work upon public roads, (on motion of Mr. Graves).
No. 86. House bill to abolish the office of aid-de-camp to the governor of Virginia, (on motion of Mr. McMullan).
No. 74. House bill to authorize the county of Albemarle to borrow money to improve its roads, and also to change the present road law in reference to said county, was,
On motion of Mr. Nagruder, recommitted to the committee on counties, cities and towns.
No. 81. House bill to authorize townships to vote upon the question of continuing or repealing present fence law, was,
On motion of Mr. Brown, recommitted to the committee on agricul. ture and mining.
No. 90. House bill to amend and re-enact section 1, chapter 116 of the Code of 1873, in relation to notaries public, was read a second time.
Mr. Armstrong moved that the bill be dismissed, which was rejected.
The bill was amended and ordered to be engrossed to be read a third time.
Mr. P.J. Carter moved a reconsideration of the vote by which the bill was ordered to be engrossed to be read a third time, which motion was rejected.
No. 88. House bill to abolish the office of superintendent of public buildings, and to devolve the duties now performed by said officer upon the adjutant-general, was read a second time.
Mr. Lovenstein moved to dismiss the bill.
The following house bills were read a second time, and ordered to be engrossed to be read a third time:
No. 33. House bill to amend the charter of the Female humane association of the city of Richmond.
No. 75. House bill to amend and re-enact section — of chapter 158 of the Code of 1873, so as to increase the pay of grand juries.
No. 76. House bill to amend and re-enact section 4, chapter 6 of Code of Virginia (edition of 1873), in relation to the vacancies in offices of governor and lieutenant-governor.
No. 80. House bill to amend the 65th section of chapter 47 of the Code of 1873, in regard to the duty of township assessors to extend school tax.
No. 82. House bill to authorize the Richmond, York River and Chesapeake railroal company to subscribe to the stock of the Baltimore, Chesapeake and Richmond steamboat company,
No. 83. House bill to amend an act entitled an act to authorize the board of supervisors for Craig county to contract for keeping in repair
so much of Price's turnpike road as lies in said county, approved March 28, 1873.
No. 87. House bill to amend and re-enact section 17, chapter 23, Code of 1873, in relation to aids to the governor.
No. 89. House bill to amend and re-enact an act entitled an act to incorporate the town of Newbern, and to repeal act of 27th of May, 1852, entitled an act to incorporate the town of Newbern, in the couniy of Pulaski, in force March 4, 1872, (amended).
On motion of Mr. Griffith, the house adjourned until to-morrow at 12 o'clock M.
TUESDAY, FEBRUARY 10, 1874. Prayer by Rev. J. C. Granberry, of the Methodist church. The journal was read by the clerk. A communication from ihe senate, by their clerk, was read as follows:
In Senate, February 9, 1874. The senate have passed house bill entitled An act to prevent obstructions to high ways; No. 56. And have passed, with amendments, house bill entitled
An act amending section 24 of chapter 196 of the Cole of 1873, providing for organizing chain-gangs; No. 31.
And they have agreed to
House joint resolution requiring the keeper of the rols to retain house bill No. 51.
They have passed bills entitle]
An act to regulate the granting of ordinary and other license in Bland and Giles counties; No. 35.
An act to prevent fraudulent conversions of money or property, and the fraudulent failure to comply with certain contracts or agreements, and to repeal sections 20 and 21 of chapter 188 of the Code of 1873, in relation to embezzlement; No. 11.
An act to amend an act to incorporate the Potomac land and improvement company, passed February 13th, 18.3; No. 20.
An act to incorporate the town of Boydton, in the county of Mecklenburg; No. 26.
An act to prevent dogs from running at large in the town of Winchester, in Frederick county, Virginia; No. 80.
An act providing for the submission of the repeal of the fence law in Mount Vernon township, Fairfax county, to the voters of said township; No. 85.
An act to incorporate the American and European land company ; No. 27.