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On motion of Mr. Koiner, the bill was committed to the committee on claims.

On motion of Mr. Cecil, the house adjourned until Monday next at 11 o'clock A. M.

MONDAY, MARCH 9, 1874. Prayer by Rev. J. E. Edwards, of the Methodist church. The journal was read by the clerk. A communication from the senate, by their clerk, was read as follows:

In Senate, March 7, 1874. The senate have passed a bill entitled

An act to amend and re-enact section seven of chapter fifty-two of the Code of Virginia (edition of 1873), in relation to road levies ; No. 48.

In which bill they respectfully request the concurrence of the house of delegates.

No. 48. Senate bill, was read twice and referred to the committee on counties, cities and towns.

No. 46. Senate bill entitled an act for the relief of J. H. C. Jones and A. C. Walker, executors of Peter Toombs, who was the surety of John L. Boughton, late sheriff of Essex county, was reported from the committee on finance.

No. 126. Senate bill entitled an act to incorporate the Culpeper library association, was reported from the committee on propositions and grievances.

The following house bills, reported from the committee for courts of justice, were read a first time :

No. 270. House bill to amend and re-enact sections 4 and 5 and to repeal section 6 of chapter 202 of the Code of 1873, in relation to the summoning of juries for the trial of criminal cases.

No. 271. House bill to amend and re-enact section 35 of chapter 172 of the Code, in relation to the issuing of commissions to take depositions, with a recommendation that it do not pass.

No. 272. House bill to amend section 10 of chapter 195 of Code of 1873, in relation to offences, with a recommendation that it do not pass.

No. 273. House bill to amend the 8th section of chapter 128 of the Code of 1873, in reference to the settlement of accounts of fiduciaries, with a recommendation that it do not pass.

No. 274. House bill to amend section 5, chapter 48 of the Code of 1873, in relation to fees of justices, with a recommendation that it do not pass.

No. 275. House bill to provide for the punishment of employees on railroads or steamboats if they become intoxicated when on duty, reported from the committee on propositions and grievances, with an amendment in the nature of a substitute, was read a first time.

No. 276. House bill for the assessment, levy and collection of taxes, reported from the committee on finance, was read a first time.

No. 277. House bill to provide for an increase of the county and district school funds of Bland and Prince William counties, reported from the committee on schools and colleges, was read a first time.

Mr. Taliaferro (under a suspension of the rules) presented

No. 278. House joint resolution requesting our senators and members in congress to vote for appropriation to William and Mary college, which was read a first time.

The following report was agreed to:

The committee for courts of justice have, according to order, had under consideration a resolution for amending the fifth section of the 134th chapter of the Code of 1873, to make three instead of six months a legal notice from a landlord to a tenant to terminate a lease and obtain

possession of the leased premises, and have adopted the following resolution :

Resolved, as the opinion of this committee, That it is inexpedient to legislate on the subject as proposed.

The following report was presented :

The committee on enrolled bills have the honor to report that the following bills and joint resolutions were approved by the governor March 6, 1874 :

An act 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 county of Pulaski; in force March 4, 1872.

An act to amend an act entitled an act to authorize the board of supervisors of Craig county to contract for keeping in repair so much of Price's turnpike road as lies in said county; approved March 28, 1873.

An act incorporating the Germania Mænnechor of the city of Richmond.

An act authorizing a sale of the Sperryville and Rappahannock turnpike.

An act to relieve Henry G. Wax, late township collector of the township of Estillville, Scott county, from payment of damages.

An act to authorize the legal voters of certain counties to vote upon the question of negotiating a loan or loans, and to issue bonds for and in the name of said counties for the purpose of establishing a steamboat line between the landings on the Rappahannock river and the city of Baltimore, Maryland, or Norfolk, or both.

An act for the protection of sheep in the counties of Clarke, Frederick and Charlotte.

Joint resolution amending the joint resolution extending the time for collection of taxes and county and township levies for the year 1873; approved January 23, 1874.

An act prohibiting the sale of intoxicating liquors on the Sabbath day.

An act declaring a portion of Chappawamsic creek a lawful fence.

An act authorizing D. A. Plecker to erect a toll bridge across North river at Mount Crawford, in Rockingham county.

Leave of absence was granted Messrs. Haden four days, Anderson, Rogers and Williams five days each and Jett six days.

Mr. Brooks stated that had he been present when the vote was taken on agreeing to the substitute offered by Mr. Coghill to house bill No. 61, in relation to interest on money, he would have voted in the affirmative. He also stated that he would have voted in the negative on the passage of the bill, but had paired off with Mr. Jack Carter.

Mr. Jack Carter stated that he would have voted in the affirmative on the passage of No. 61 house bill, in relation to interest on money.

Mr. Riddlebarger offered the following resolution :

Resolved, That the rules shall not be suspended during this session for the purpose of taking up a bill out of its regular order unless by unanimous consent, except where suspension is asked only to make a special order or to recommit.

The house referred the resolution to the committee on rules.

Mr. Riddlebarger moved a reconsideration of the vote by which the house referred the resolution to the committee on rules, which was agreed to. The question being on agreeing to the resolution,

On motion of Mr. Dooley, the resolution was amended by striking out the words “unanimous consent" and inserting “a vote of fourfifths of those present."

The resolution, as amended, was rejected.

The following were presented and referred under rule 37:

By Mr. Lewis: A bill to authorize the payment of one hundred dollars to the Commonwealth's attorney of Clarke county for assisting in the prosecution of a criminal in the county of Frederick. Referred to committee on finance.

By Mr. Lybrook: A bill to incorporate Newport and Blacksburg turnpike company. Referred to committee on roads and internal navigation.

By Mr. Rains : Petition of citizens of Richmond county praying the removal of weirs and hedges in Rappahannock creek. Referred to committee on Chesapeake and its tributaries.

By Mr. Cockerille: Memorial of the bar of Fairfax asking an increase of compensation to sheriffs. Referred to committee on finance.

By Mr. Cockerille:

Resolved, That the joint committee on constitutional amendments be requested to return to the house for action thereupon the bill referred to them submitting the question of a call of a convention and providing for the election of delegates thereto, in the event of said call being sustained.

The morning hour having expired, the house proceeded to the business on the calendar.

The following house bills were taken up out of their order on the calendar, read a second time and ordered to be engrossed to de read a third time:

128. House bill to authorize the payment of seven hundred dollars to General Gasper Tochman for disbursements made by him while acting as State agent for immigration.

No. 187. House bill to authorize Ocean Lodge, No. 116, A. F. and A. M., to borrow money and execute a deed of conveyance to secure the payment of the same.

No. 125. House bill to extend the time for the organization of the Pittsylvania and Henry railroad company and to extend the time for the commencement of said road.

No. 260. House 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, was,

On motion by Mr. Richmond, taken up out of its order on the calendar and recommitted to the committee on roads and internal navigation.

The following senate bills were read a third time and passed :

No. 152. Senate bill entitled an act to incorporate the Westham granite company of Virginia.

No. 69. Senate bill entitled an act to incorporate the Piedmont farmers' association.

No. 145. Senate bill entitled an act to appoint a board of trustees for the Virginia female institute at Staunton, and to provide for the future government of said institute.

No. 106. Senate bill entitled an act to amend and re-enact section thirty-nine of chapter forty-nine of the Code of 1873, in reference to sales under judgments, warrants or decrees for debts contracted prior to April 10th, 1865-yeas 79; nays 10.

On motion of Mr. Moss, the vote was recorded as follows:

YEAS—Messrs. Alexander, Allen, Armentrout, Armstrong, Banks, Blair, Bohannon, Brady, Branch, Brooks, Brown, Campbell, J. A. Carter, Jack Carter, Cecil, A. J. Clark, Matt Clark, Cockerille, Crank, Critz, Davis, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, P. Gibson, T. S. Gibson, Goodwyn, Graves, Grayson, Griffith, Hale, Hamilton, Henderson, Holbrook, Wm. Hoskins, Hudgin, James, P. K. Jones, Jordan, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lipps, Longley, Lovell, Loving, Lybrook, May, McGonigal, McMullan, Montague, Morris, Morrison, J. L. Nash, W. A. Nash, Nickens, Pendleton, Powell, Rains, Richmond, Rogers, Round, Scruggs, Sellers, Shumate, Spratt, Syphax, Taliaferro, Wallace, Webb, Wharton, Whittaker, Winn, Yager, and Young-79.

Nays-Messrs. Dooley, Harris, Harrison, Hoenniger, Koiner, Lovenstein, Moss, Ould, Paige, and Thomas-10.

No. 98. Senate bill entitled an act to amend and re-enact the first

section of the act to incorporate the Richmond and Henrico turnpike company, approved March 20, 1873. .

No. 90. Senate bill entitled an act to amend and re-enact section 1-9 of chapter 77 of the Code of Virginia (edition of 1873), concerning the board of visitors of the Virginia agricultural and mechanical college, and the board of curators of the Hampton normal and agricultural institute.

No. 115. Senate bill entitled an act to provide an artificial leg for A. J. Nunn—yeas 80; nays 5.

The vote required by the constitution was recorded as follows:

YEAS—Messrs. Alexander, Allen, Armentrout, Armstrong, Bagwell, Banks, Blair, Bohannon, Branch, Brown, Campbell, J. A. Carter, Jack Carter, Cecil, A. J. Clark, Cockerille, Crank, Critz, Davis, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, P. Gibson, T. S. Gibson, Gilman, Graves, Griffith, Hale, Harrison, Henderson, Hoenniger, Holbrook, Wm. Hoskins, Howard, Hudgin, P. K. Jones, Jordan, Koiner, B. W. Lacy, J. H. Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, MeGonigal, McMullan, Montague, Morris, Morrison, J. L. Nash, W. A. Nash, Nickens, Ould, Pendleton, Powell, Rains, Richmond, Rogers, Round, Scruggs, Sellers, Shumate, Taliaferro, Thomas, Wallace, Webb, Wharton, Whittaker, Winn, Yager, Young and Mr. Speaker-80. NAYS-Messrs. Goodwyn, R. S. Jones, May, Moss, and Syphax–5.

No. 125. Senate bill entitled an act to provide for the payment of the indebtedness of Harrisonburg township, in the county of Rockingham.

No. 97. Senate bill entitled an act to amend and re-enact section 45, chapter 49 of the Code of 1873, in relation to motions against officers and their deputies.

No. 129. Senate bill entitled an act to authorize the Shenandoah valley agricultural society to borrow money.

No. 140. Senate bill entitled an act to authorize the appointment of trustees for benevolent societies having no lands.

No. 171. Senate bill entitled an act to authorize the trustees of the town of Banister to elect a president, who shall act as mayor, and to elect a sergeant for said town.

No. 128. Senate bill entitled an act for the relief of the sureties of W. R. Millan, late sheriff of Fairfax county-yeas 70; nays 7.

The vote required by the constitution was recorded as follows:

YEAS—Messrs. Alexander, Allen, Armentrout, Bagwell, Banks, Blair, Branch, Brown, Campbell, J. A. Carter, Jack Carter, Cecil, A.'J. (lark, Cockerille, Crank, Davis, Fitzpatrick, Franklin, Fulkerson, P. Gibson, T. S. Gibson, Graves, Grayson, Griffith, Hamilton, Harris, Henderson, Holbrook, Wm. Hoskins, Howard, Hudgin, James, Koiner, B. W. Lacy, J. H. Lacy, Lamkin, Lee, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, McMullan, Montague, Morrison, J. L. Nash, W. A. Nash, O'Neal, Ould, Pendleton, Powell, Rains, Richmond, Round, Scruggs, Sellers, Shumate, Spratt, Syphax, Taliaferro, Thomas, Wallace, Webb, Wharton, Winn, Yager, Young, and Mr. Speaker-70.

Nays ---Messrs. Armstrong, Matt Clark, P. K. Jones, R. S. Jones, Moss, Nickens, and Whittaker-7.

No. 66. Senate bill entitled an act for the relief of Geo. W. Eldridge, R. C. Motley and Geo. W. Johnston, securities of John A. Graves, late collector of Giles township, in the county of Amelia-yeas 75; nays 6.

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