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JOURNAL OF THE HOUSE.

hands of the county treasurer unaccounted for by him, and that they report by bill or otherwise.

By Mr. J. Horace Lacy: A petition of Gen'l Tochman in relation to claim for disbursments made by him for the State while acting as the State agent for immigration. Referred to committee on finance.

By Mr. Koiner:

Resolved, That the committee for courts of justice inquire into the expediency of providing by law that any county which has not established a chain-gang of its own, may, by its supervisors or judge, contract to hire such convicted persons as are liable to work in a chain-gang, to the authorities of any city or corporation which has a chain-gang located in the county, on such terms as shall not conflict with the provisions of the 25th, 6th and 7th sections of the 196th chapter of the Code of 1873, and that the committee report by bill or otherwise.

By Mr. Koiner: A bill to prevent obstructing with timber or rendering foul the water courses of this State. Referred to committee on propositions and grievances.

By Mr. Lybrook :

Resolved, That the committee for courts of justice inquire into the propriety of so amending the criminal laws of the Commonwealth as to send no one to the penitentiary for less than five years, and to provide for the punishment of minor offences by confinement in county jails and hard labor.

By Mr. Taliaferro : Resolutions of inquiry as to expediency of changing the present law in relation to oysters. Referred to committee on Chesapeake and its tributaries.

The speaker laid before the house a communication from the governor, enclosing a report of the condition of the State capitol by the superintendent of public buildings and grounds, which were referred to the committee on public property.

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

Senate joint resolution in reference to the sale of forfeited and delinquent lands, was read a third time and agreed to.

Mr. Stuart moved a reconsideration of the vote by which the senate joint resolution was agreed to, which motion was rejected.

On motion of Mr. Jack Carter, the chair was vacated until one o'clock P. M.

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

Ordered, That Mr. Critz 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. Nowlin, who informed the house that the senate is ready on its part to proceed to the execution of the joint order.

Mr. Critz nominated Wm. R. Barksdale for county judge of Halifax.

Ordered, That Mr. Critz inform the senate that Mr. Barksdale is the only person in nomination before the house.

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

The roll was called with the following result :

For Wm. R. Barksdale,

H. Clay Harris,

114

1

The vote was recorded as follows:

For WM. R. BARKSDALE-Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Bickings, Blair, Bohannon, Brady, Branch Brooks, Brown, Campbell, J. Armistead Carter, Jack Carter, Cecil, A. J. Clark, Matt Clark, Cockerille, Coghill, Cox, Crank, Critz, Davis, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Fulkerson, Gardner, P. Gibson, T. S. Gibson, Gilliam, Gilman, Goodwyn, Graves, Grayson, Haden, Hale, Harris, Harrison, Henderson, Hoeninger, Holbrook, Wm. Hoskins, Jno. T. Hoskins, Howard, Hudgin, Hunter, James, Jett, P. K. Jones, Jordan, Koiner, B. W. Lacy, J. Horace Lacy, Lamkin, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Lucas, Lybrook, Magruder, Massey, May, McGonigal, McMullan, Montague, Morrison, Moss, Jno. L. Nash, W. A. Nash, Neeley, Nickens, Norton, O'Neal, Ould, Pannill, Pendleton, Popham, Powell, Richmond, Rogers, Scruggs, Sellers, Shumate, Spratt, Stovall, Strother, Stuart, Swann, Taliaferro, Taylor, Turner, Walke, Webb, Wharton, Whittaker, Williams, Winn, Withers, Yager, Young, and Mr. Speaker--114.

For H. CLAY HARRIS-Mr. Peter J. Carter-1.

The speaker appointed Messrs. Critz, Stovall and Lovenstein the committee on the part of the house to count and report the joint vote.

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

Whole number of votes cast,
Necessary to a choice,
Wm. R. Barksdale received -
H. Clay Harris received

143

72 142

1

William R. Barksdale having received a majority of all the votes cast, was declared duly elected county judge of Halifax, to fill the vacancy caused by the death of Judge Thomas Leigh.

Mr. Cecil nominated Samuel C. Graham for county judge of Tazewell.

Ordered, That Mr. Cecil inform the senate that Samuel C. Graham is the only person in nomination before the house.

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

The roll was called with the following result:

For Samuel C. Graham,

101

The vote was recorded as follows:

For SAMUEL C. GRAHAM--Messrs. Alexander, Allen, Anderson, Armentrout, Armstrong, Bagwell, Banks, Beaton, Bickings, Blair, Brady, Branch, Brooks, Campbell, J. Armistead Carter, Jack Carter, Cecil, A. J. Clark, Matt Clark,

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Coghill, Critz, Davis, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Fulk-
erson, Gardner, P. Gibson, T. S. Gibson, Gilman, Graves, Grayson, Haden, Hale,
Hamilton, Harris, Harrison, Henderson, Hoeninger, Holbrook, W. Hoskins, Jno.
T. Hoskins, Howard, Hudgin, James, Jett, Jordan, Koiner, B. W. Lacy, J. H. Lacy,
Lamkin, Lee, Lewis, Lipps, Longley, Lovell, Lovenstein, Loving, Lucas, Lybrook,
Magruder, Massey, McGonigal, Montague, Moore, Jno. L. Nash, W. A. Nash,
Neeley, Nickens, Norton, Ould, Pannill, Pendleton, Popham, Powell, Rains,
Richmond, Rogers, Scruggs, Sellers, Shumate, Spratt, Stovall, Strother, Stuart,
Swann, Taliaferro, Taylor, Walke, Webb, Wharton, Whittaker, Williams, Winn,
Withers, Yager, Young, and Mr. Speaker-101.

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

Whole number of votes cast,
Necessary to a choice,
Samuel C. Graham received

131

66 131

Samuel C. Graham having received a majority of all the votes cast, was declared duly elected county judge of Tazewell, to fill the vacancy occasioned by the failure of Wm. P. Cecil to qualify.

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

SATURDAY, JANUARY 10, 1874.

The journal was read by the clerk.

No. 16. Senate bill entitled an act to incorporate the Masonic mutual relief association of Virginia, was reported from the committee of propositions and grievances.

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

No. 13. House bill to amend section 6, chapter 201 of the Code of 1873, with reference to larceny.

No. 14. House bill to amend the 34th section of chapter 202, Code of 1873, with reference to the trial of felonies.

No. 15. House bill authorizing D. A. Plecker to erect a toll-bridge across North river, at Mount Crawford in Rockingham county, reported from the committee on roads and internal navigation, was read a first time.

No. 16. House bill incorporating the Virginia porcelain and terracotta company, in the county of Augusta, reported from the committee on propositions and grievances, was read a first time.

The following reports were agreed to :

The committee on finance have, according to order, had under consideration a resolution to them referred, inquiring into the expediency of providing encouragement and protection to the rearing of sheep by imposing a suitable tax on dogs, &c., and respectfully ask to be relieved from its further consideration, and that it be referred to the committee on propositions and grievances.

The committee on finance have, according to order, had under consideration a resolution to them referred, inquiring into the expediency of extending the time for the collection of taxes from April 1st to the 1st of May, and report that a bill for this purpose has already been acted on by the house, and ask to be discharged from its further consideration.

The following report was agreed to:

The committee on privileges and elections having had under consideration the contested election case of Wm. A. Reese vs. P. K. Jones, of Greenesville county, and being embarrassed in their investigations, ask leave of the house to send for persons and papers.

Mr. Graves moved a reconsideration of the vote by which the report of the committee on privileges and elections was agreed to, which motion was rejected.

Mr. Koiner moved a reconsideration of the vote by which the following report (presented and agreed to on yesterday) was agreed to, which motion was agreed to.

The committee for courts of justice have, according to order, taken into consideration a resolution “to make it a penal offence for any person to pull and leave down the fence of another, or for opening or leaving open the gate of another," and have adopted the following resolution thereupon :

Resolved (as the opinion of this committee), That it is inexpedient to adopt the proposed change in the law.

The question recurring on agreeing to the report of the committee,

Mr. Koiner moved to amend the resolution of the committee by striking out "inexpedient” and inserting “expedient.”

Pending which,
On motion of Mr. Dooley, the report was passed by.

Leave of absence was granted Messrs. Holbrook and P. K. Jones one day each.

Mr. Harris offered the following resolution :
Resolved, That the pages of the house be supplied with knives.
The house referred the resolution to the committee on house expenses.
The following were presented and referred under rule 37:

By Mr. Round: A bill to amend and re-enact section 11, chapter 195 of the Code of 1873, relative to limitation of prosecutions. Referred to committee for courts of justice.

By Mr. Lybrook : A bill to amend and re-enact section 4, chapter 129, acts of 1871-'72, entitled an act to incorporate the town of Newport, in Giles county, Virginia. Referred to committee on counties, cities and towns.

By Mr. Round:

Resolved, That the adjutant-general of the Commonwealth be requested to inform this house at an early day what additional legislation would, in his opinion, be necessary to enable him to perform the duties now devolving by law upon the superintendent of public buildings. Referred to committee on public property.

By Mr. Brooks : Memorial of Junius L. Archer, offering to sell a site for the penitentiary and the Central lunatic asylum. Referred to committee on asylums and prisons.

By Mr. Dooley: A bill to amend the 9th section of an act entitled an act to incorporate the Insurance and Savings company of Virginia, passed February 28th, 1866. Referred to committee on propositions and grievances.

By Mr. Walke :

Resolved, That the committee for courts of justice inquire into the expediency of so amending the constitution as to abolish the present system of voting by ballot, and substituting the time-honored custom of voting by viva voce.

By Mr. Lamkin:

Resolved, That this body make such fixed and well-defined laws on all subjects touching the free school system as will best subserve the wishes and interests of the people of this Commonwealth, and that the committee on schools and colleges inquire into the expediency of fixing the average number of pupils, say to fifteen, to be made through the session, instead of through the month; and further, that said committee inquire into the expediency of a reduction of salary for county superintendents, both on part of State and county.

By Mr. Koiner :

Resolved, That the committee on agriculture and mining be instructed to inquire into the expediency of so providing by law, that where any owner of land in the county shall build a tenant house against the line of an adjoining farm, without providing his tenants with necessary fuel and water, said owner of land so building shall be responsible to the owner of the adjoining farm for any damages from burning fencing or otherwise, resulting from the occupancy of such tenant house, in case the tenants occupying such houses are irresponsible for the damages so committed.

By Mr. Taylor : A bill to incorporate the Virginia club of the city of Norfolk. "Referred to the committee on propositions and grievances.

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

No. 16. Senate bill entitled an act to incorporate the Masonic mutual relief association of Virginia, came up.

On motion of Mr. A. J. Clark, the bill was passed by.

No. 5. House bill to amend 4th section, chapter 182, Code 1873, with reference to judgment liens, came up.

On motion of Mr. Harrison, the bill was recommitted to the committee for courts of justice.

On motion of Mr. Lovenstein, the house adjourned until Monday at 12 o'clock M.

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