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to inquire into the expediency of so amending the law in relation to fences as to allow the qualified voters of each township in Surry county to vote thereon, and that a majority of electors voting shall decide the question of fence or no fence in the townships of said county.

By Mr. Boykin: A bill to repeal an act declaring a portion of Smith's creek and Cohoon's creek a lawful fence, approved 8th March, 1873. Referred to committee on agriculture and mining.

By Mr. Winn: A petition of Wm. A. Reese, contesting seat of P. K. Jones, of Greenesville county. Referred to committee on privileges and elections.

By Mr. Lewis: Petition of John H. and Wm. R. Alexander, asking the correction of an erroneous assessment of taxes upon their lands, in Clarke county, and a return of the amount paid under such assessment. Referred to committee on finance.

By Mr. Bagwell: A petition of Benj. J. Walker and B. W. L. Holt, contesting the seats of Ross Hamilton and Geo. W. Young, of the county of Mecklenburg. Referred to committee on privileges and

elections.

By Mr. Harris: Petition of Henry Turpin, contesting seat of E. S. Pendleton, of the county of Goochland. Referred to committee on privileges and elections.

By Mr. Critz: A bill to provide a copy of the new Code to members of the present legislature. Referred to committee on library.

By Mr. O'Neal: A bill to amend the second section of chapter 113 of the Code in relation to escheators. Referred to committee for courts. of justice.

By Mr. Hale: A bill to amend and re-enact the first section of an act entitled an act to provide for the protection of fish in New river and its tributaries, &c. Referred to committee on Chesapeake and its tribu

taries.

By Mr. Scruggs:

Resolved, That the committee for courts of justice inquire into the propriety of making it a penal offence for any person to pull and leave down the fence of another, or for opening and leaving open the gate of another, and to report by bill or otherwise.

By Mr. Dooley: A bill to amend and re-enact the 13th section, chapter 13, Code of 1873, with reference to the salary of city and corporation judges. Referred to committee for courts of justice.

By Mr. Riddlebarger: A bill to exempt a grant of land to the Lutheran church congregation of Shenandoah county from taxation. ferred to committee on finance.

The hour of one o'clock P. M., having arrived,

Ordered, That Mr. Dooley inform the senate that the house is ready on its part to proceed to the execution of the joint order.

A message was received from the senate by Mr. Smith, of Nelson, who informed the house that the senate was ready on its part to proceed to the execution of the joint order.

Mr. Lovell nominated John E. Page, of Warren, for the office of

county judge of the district composed of the counties of Warren and Clarke.

Ordered, That Mr. Lovell inform the senate that John E. Page is the only person in nomination before the house.

A message was received from the senate by Mr. Ward, who informed the house that no additional nomination had been made to the senate. The roll was called with the following result:

For John E. Page,

The vote was recorded as follows:

94

For JOHN E. PAGE-Messrs. Alexander, Allen, Anderson, Armstrong, Bagwell, Banks, Beaton, Blair, Bohannon, Brooks, J. Armistead Carter, Jack Carter, Cecil, A. J. Clark, Cockerille, Coghill, Crank, Critz, Davis, Dooley, Finney, Flood, Foster, Franklin, Fulkerson, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Grayson, Griffith, Hale, Harrison, Henderson, Hoeninger, Holbrook, Wm. Hoskins, John T. Hoskins, Howard, Hudgin, Hunter, James, Jett, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, Magruder, Massey, McMullan, Montague, Moore, Morris, Morrison, John L. Nash, W. A. Nash, Neeley, Ould, Pannill, Pendleton, Popham, Powell, Richmond, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Strother, Stuart, Swann, Taliaferro, Taylor, Walke, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-94.

The speaker appointed Messrs. Lovenstein, Lee and ONeal the committee on the part of the house to count and report the joint vote. The committee subsequently, by their chairman, reported as follows:

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John E. Page having received a majority of all the votes cast, was declared duly elected county judge for the district composed of the counties of Warren and Clark, to fill a vacancy occasioned by the failure on the part of John T. Lovell to qualify.

Mr. Coghill nominated William F. Taylor for the office of auditor of public accounts.

Mr. ONeal nominated John W. Walsh.

Ordered, That Mr. Coghill inform the senate of the nominations made in the house.

A message was received from the senate by Mr. Smith, of Russell, who informed the house that no additional nominations had been made in the senate.

The roll was called with the following result.

For William F. Taylor,

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John W. Walsh,

The vote was recorded as follows:

94 22

For WM. F. TAYLOR-Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Blair, Bohannon, Brooks, Brown, Campbell, J. Armistead Carter, Jack Carter, Cecil, A. J. Clark, Cockerille, Coghill, Crank, Critz, Davis, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Grayson, Griffith, Haden, Hale, Harrison, Henderson, Hoeninger, Holbrook, Wm. Hoskins, John T. Hoskins, Howard, Hudgin, Hunter, James, Jett, Jordan, Koiner, B. W. Lacy, Lamkin, Lee, Lewis, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, Magruder, Massey, Me Mullan, Montague, Moore, Morris, John L. Nash, Neeley, Ould, Pannill, Pendleton, Powell, Richmond, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Strother, Stuart, Swann, Taliaferro, Taylor, Turner, Walke, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-94.

For JOHN W. WALSH-Messrs. Bickings, Branch, Peter J. Carter, Matt. Clark, Goodwyn, Harris, Hill, Rufus S. Jones, Lucas, May, McGonigal, Moss, W. A. Nash, Nickens, Norton, O'Neal, Paige, Stovall, Thomas, Van Auken, Whitaker, and Young-22.

The committee subsequently, by their chairman, reported as follows:

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William F. Taylor having received a majority of all the votes cast, was declared duly elected auditor of public accounts for the term commencing January 2d, 1874.

Mr. Anderson nominated William H. Ruffner for the office of superintendent of public instruction.

Ordered, That Mr. Anderson inform the senate that William H. Ruffner is the only person in nomination before the house.

A message was received from the senate by Mr. Grimsley, who informed the house that no additional nomination had been made in the house.

The roll was called with the following result:

For William H. Ruffner,

The vote was recorded as follows:

116

For WM. H. RUFFNER-Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Bickings, Blair, Bohannon, Brady, Branch, Brooks, Brown, Campbell, J. Armistead Carter, Peter J. Carter, A. J. Clark, Matt. Clark, Cockerille, Coghill, Crauk, Critz, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilliam, Gilman, Goodwyn, Graves, Grayson, Griffith, Haden, Hale, Hamilton, Harris, Harrison, Henderson, Hoeninger, Holbrook, William Hoskins, John T. Hoskins, Howard, Hudgin, Hunter, James, Jett, P. K. Jones, Rufus S. Jones, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lucas, Lybrook, Magruder, Massey, May, McGonigal, McMullan, Montague, Moore, Morrison, John L. Nash, W. Ä. Nash, Neeley, Nickens, Norton, O'Neal, Ould, Pannill, Pendleton, Popham, Powell, Richinond, Rogers, Round, Scruggs, Sellers, Shumate, Stovall, Strother, Stuart, Swann, Syphax, Taliaferro, Taylor, Turner, Van Auken, Wallace, Webb, Wharton, Whittaker, Williams, Winn, Withers, Yager, Young, and Mr. Speaker-116.

The committee subsequently, by their chairman, reported as follows:

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Wm. H. Ruffner having received a majority of all the votes cast, was declared duly elected superintendent of public instruction for the term commencing on March 15th, 1874.

Mr. Popham nominated G. F. Strother for the office of superintendent of the penitentiary.

Mr. Branch nominated Wm. H. Wilkinson.

Ordered, That Mr. Popham inform the senate of the nominations made in the house.

A message was received from the senate by Mr. Smith, of Nelson, who informed the house that no additional nominations had been made in the senate.

The roll was called with the following result:

For G. F. Strother,
"Wm. H. Wilkinson,

The vote was recorded as follows:

89

15

For GEO. F. STROTHER-Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Blair, Bohannon, Brooks, Rrown, Campbell, J. Armistead Carter, Jack Carter, A. J. Clark, Cockerille, Coghill, Crank, Critz, Davis, Finney, Fitzpatrick, Flood, Foster, Franklin, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Griffith, Haden, Hale, Harrison, Henderson, Hoeninger, Holbrook, Wm. Hoskins, Howard, Hudgin, Hunter, James, Jett, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, Magruder, Massey, McMullan, Montague, Moore, Morris, Morrison, Jno. L. Nash, Neeley, Pannill, Pendleton, Popham, Powell, Richmond, Rogers, Scruggs, Sellers, Shumate, Stuart, Swann, Taliaferro, Taylor, Walke, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-89.

For WM. H. WILKINSON-Messrs. Bickings, Brady, Branch, Peter J. Carter, Gilliam, Goodwyn, Hamilton, Harris, Hill, Rufus S. Jones, Moss, Norton, Van Auken, Whittaker, and Young—15.

The committee subsequently, by their chairman, reported as follows:

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G. F. Strother having received a majority of all the votes cast, was declared duly elected superintendent of the penitentiary for the term. commencing January 2d, 1874.

Mr. Allen nominated Wm. H. Taliaferro for the office of general agent and storekeeper of the penitentiary.

Mr. Young nominated H. L. Wigand.

Ordered, That Mr. Allen inform the senate of the nominations made in the house.

A message was received from the senate, by Mr. Holladay, who informed the house that no additional nominations had been made in the senate.

The roll was called with the following result:

For Wm. H. Taliaferro,
"H. L. Wigand,

The vote was recorded as follows:

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90

23

For WM. H. TALIAFERRO-Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Blair, Brooks, Brown, Campbell, J. Armistead Carter, Jack Carter, A. J. Clark, Coghill, Crank, Critz, Davis, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, Gaines, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Grayson, Griffith, Haden, Hale, Harrison, Henderson, Hoeninger, Holbrook, Wm. Hoskins, Howard, Hudgin, Hunter, James, Jett, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lipps, Longley, Lovell, Lovenstein, Loving, Lybrook, Magruder, Massey, McMullan, Montague, Moore, Morrison, John L. Nash, Neeley, Pannill, Pendleton, Powell, Richmond, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Strother, Stuart, Swann, Taliaferro, Taylor, Walke, Wallace, Webb, Wharton, Williams, Winn, Withers, Yager, and Mr. Speaker-90.

For H. L. WIGAND-Messrs. Bickings, Brady, Branch, Peter J. Carter, Matt. Clark, Gilliam, Goodwyn, Hamilton, Harris, Hill, John T. Hoskins, P. K. Jones, Rufus S. Jones, Lucas, May, McGonigal, Moss, Nickens, Norton, Thomas, Van Auken, Whittaker, and Young-23.

The committee subsequently, by their chairman, reported as follows:

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Wm. H. Taliaferro having received a majority of all the votes cast, was declared duly elected general agent and storekeeper of the penitentiary for the term commencing January 2d, 1874.

On motion of Mr. Jack Carter, the house adjourned until to-morrow at 12 o'clock M.

WEDNESDAY, JANUARY 7, 1874.

Prayer by Rev. A. C. Bledsoe, of the Methodist church.

The journal was read by the clerk.

The speaker laid before the house the following communication:

COMMONWEALTH OF VIRGINIA,
EXECUTIVE CHAMBERS,
Richmond, January 7th, 1874.

To the Senate and House of Delegates of Virginia:

A communication having been received from W. P. Cecil, Esq., elected at the last session of the legislature judge of the county court of

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