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"Thursday, the 2d," and inserting iu lieu thereof the words "Frida the 3d;" which amendment was accepted by Mr. PHLEGAR, and th amendment, as modified, was then agreed to.

On motion of Mr. PHLEGAR, it was

Ordered, That he inform the House of Delegates thereof, and r quest their concurrence therein.

On motion of Mr. KOINER, the committee on public institutions wi enlarged by the addition of one member, and the PRESIDENT appointe Mr. FULKERSON as the additional member.

Mr. MASSEY, by leave, presented

No. 23. A bill authorizing the state treasurer to procure coupo registers which, on his motions, was read the first and ordered to k read a second time and referred to the committee on finance.

Mr. CHILES, by leave, presented

No. 24. A bill to amend and re-enact the second section of an a approved March 15, 1875, entitled an act to amend and re-enact th charter of the Bank of Manchester; which, on his motions, was rea the first and ordered to be read a second time, and referred to th committee on banks.

Mr. WALSTON, by leave, presented

No. 25. A bill to amend section 8 of an act entitled an act to pr vide for the election and qualification of county officers, approve March 8, 1875; which, on his motions, was read the first and ordere to be read a second time, and referred to the committee of privilege and elections.

Mr. GAYLE, by leave, presented

No. 26. A bill to provide for the relinquishment to the Unite States of title to and jurisdiction over land within the state of Vi ginia, for sites of life-saving stations; which, on his motions, wa read the first and ordered to be read a second time; and (two-third concurring) was read a second time and ordered to be engrossed an read a third time; and being forthwith engrossed, was (two-third concurring) read the third time; and the question being put on th passage thereof, was determined in the affirmative-ayes 32; noe

none.

The vote was recorded as follows:

AYES-Messrs. Betts. Bland, Bliss, Chiles, Daniel, Elliott, Fulkerson, Gayl Goode, Grimsley, Hairston, Hurt of Halifax, Hurt of Pittsylvania, Koiner, Le Massey, Moulton, Murray, Nash, Nunn. Paul, Phlegar, Quesenberry, Sherrar Sinclair, Slemp, Smith, Spitler, Tanner, Walston, Ward, and Wortham-32.

The title was then agreed to.

On motion of Mr. GAYLE, it was

Ordered, That he inform the House of Delegates thereof, and re quest their concurrence therein.

Mr. SINCLAIR presented resolutions of the school board of the count of Prince William, in relation to the retention of the school tax in the hands of the county treasurers; which, on his motion, was re ferred to the committee on education.

On motion of Mr. CHILES,

Resolved, That the committee on constitutional amendments be instracted to enquire into the expediency of an amendment to the constitution, which shall require all votes cast in elections in this commonwealth to be cast viva voce, instead of by ballot as now provided. On motion of Mr. LEE,

Resolved, That the committee for courts of justice be instructed to enquire into the expediency of so amending the act with regard to the tax on collateral inheritances, as to apply the statute of limitations to the same, and as to further amending it so as to impose the tax only on so much of the inheritance as comes to the devisee or legatee after the full discharge of all debts of the testator.

Mr. FULKERSON presented the following preamble and joint resolution, which lie over under the rules:

Whereas, it is reported that the superintendent of the penitentiary is negotiating for the purchase of new machinery for the shops lately destroyed by fire; and, whereas, it has not been determined by the legislature whether the shops so burnt shall be rebuilt or not; therefore, Resolved (the House of Delegates concurring,) That the said superintendent be directed to delay purchasing such machinery for the present.

On motion of Mr. FULKERSON, the rules being suspended therefor, the resolution was taken up and agreed to.

On motion of Mr. FULKERSON, it was

Ordered, That he inform the House of Delegates thereof, and request their concurrence therein.

The PRESIDENT laid before the Senate the following communication.

from the

governor :

COMMONWEALTH OF VIRGINIA,
GOVERNOR'S OFFICE,
RICHMOND, December 9, 1878.

To the General Assembly of Virginia:

It becomes rny duty to notify you that a vacancy occurred in the office of treasurer by the inadverted omission of the Hon. R. M. T. Hunter, the treasurer elect, to qualify within the time prescribed law, to which vacancy I appointed the said Hon. R. M. T. Hunter, ho gave the required bond. The election now devolves upon your bonorable body.

FRED. W. M. HOLLIDAY.

On motion of Mr. MASSEY, the communication was laid on the table.
Whereupon,
Mr. MASSEY offered the following joint resolution, (modified at the
ggestion of Mr. GRIMSLEY,) which lies over under the rules:

Resolved (the House of Delegates concurring,) That the general assembly will proceed to the election of state treasurer to-day at one delock P. M.

On motion of Mr. MASSEY, the rules being suspended therefor, th resolution was taken up and agreed to.

On motion of Mr. MASSEY, it was

Ordered, That he inform the House of Delegates thereof, and r quest their concurrence therein.

The PRESIDENT laid before the Senate the following communicatio from the governor:

COMMONWEALTH OF VIRGINIA,
GOVERNOR'S OFFICE,
RICHMOND, December 9, 1878.

To the General Assembly of Virginia :

Having received official notice of the resignation of the Ho Z. T. Dobyns, judge of the county court of Floyd county, to tak effect the 1st day of January, 1879, it becomes my duty to commun cate the same to your honorable body.

FRED. W. M. HOLLIDAY.

On motion of Mr. PELEGAR, the communication was laid on th table.

Mr. PHLEGAR offered the following joint resolution, which lies ove under the rules:

Resolved (the House of Delegates concurring,) That the genera assembly will proceed at one o'clock of Thursday, the 12th day c December, 1878, to elect a county judge for Floyd county, to fill th vacancy occasioned by the resignation of Z. T. Dobyns-such electio to be for the unexpired term of said Z. T. Dobyns.

On motion of Mr. PHLEGAR, the rules being suspended therefo the resolution was taken up and agreed to.

On motion of Mr. PILEGAR, it was

Ordered, That he inform the House of Delegates thereof, and re quest their concurrence therein.

On motion of Mr. DANIEL,

Mr. HINTON was granted leave of absence pending the investigatio of the charges in connection with the sale of the state's interest i the Upper Appomattox company.

On motion of Mr. NUNN,

Resolved, That when this body adjourns to-day, it adjourn to mee on Thursday, the 12th instant, at 12 M.

A message was received from the House of Delegates by Mi Bоcock, who informed the Senate that that House had agreed to th Senate joint resolution fixing to-day, at one o'clock, for the electio of treasurer.

The hour of one o'clock having arrived,

A message was received from the House of Delegates by Mr. KYLE who informed the Senate that that House was ready on its part t proceed to the execution of the joint order of the day, which has fo its object the election of treasurer.

On motion of Mr. LEE, it was

Ordered, That he inform the House of Delegates that the Senate is also ready on its part to proceed to the execution of the joint order. A message was received from the House of Delegates by Mr. Pocock, who informed the Senate that R. M. T. Innter was the only person in nomination in that House for the office of treasurer.

On motion of Mr. SINCLAIR, it was

Ordered, That he inform the House of Delegates that no additional nomination for that office had been made in the Senate.

The roll was then called with the following result:

For R. M. T. Hunter,

For Raleigh Colston,

33

1

Senators who voted for Mr. Hunter, are-Messrs. Betts, Bland, Bliss, Brooke, Calles, Daniel Elliott, Goode, Griffin, Grimsley, Hairston, Hurt of Halifax, JohnKolner, Lee, Massey, Moulton, Murray, Nash, Norton, Nunn, Paul, Phlegar, Potell, Quesenberry, Sherrard, Sinclair, Slemp, Smith, Spitler, Walston, Ward,

and Wortham-32.

Senator who voted for Mr. Colston, is-Mr. Hurt of Pittsylvania.

The PRESIDENT appointed Messrs. NUNN, SMITH, and HURT of Pittmin, a committee on the part of the Senate, to meet a similar mmittee on the part of the House of Delegates, and count the pant vote; who, through their chairman, Mr. NUNN, reported:

Whole number of votes cast,

Necessary to a choice,

Of which R. M. T. Hunter received

146

74

144

Mr. R. M. T. Hunter having received a majority of all the votes ast, was declared duly elected treasurer to fill the vacancy in that

fice.

On motion of Mr. GRIFFIN, the Senate adjourned until Thursday

next, twelve o'clock.

THURSDAY, DECEMBER 12, 1878.

Praver by Rev. Dr. Preston.

A communication from the House of Delegates by their clerk, was

read as follows:

The House of Delegates have passed Senate bill entitled an act to amend and re-enact an act entitled an act to fix the times of holding dirait courts in the 14th judicial circuit, No. 12.

In House of Delegates, December 10, 1878.

They have agreed to Senate joint resolution defining the true atas of the present general assembly, with a substitute; in which they respectfully request the concurrence of the Senate.

Senate joint resolution defining the true status of the prese general assembly, with the substitute there for proposed by the Hot of Delegates, was taken up.

The substitute proposed by the House of Delegates is in the words:

. Resolved by the general assembly of Virginia, That the prese session of the general assembly is legal and constitutional, and th it is inexpedient to legislate further on the subject.

The question being on the adoption of the substitute,

Mr. SHERRARD moved to amend the same by striking out the wo "inexpedient," and inserting in lieu thereof the word "expedient and the question being put thereon, was determined in the negativ Whereupon,

Mr. MASSEY moved to indefinitely postpone the whole subject; a the question being put thereon, was determined in the negative-ay 15; noes 18.

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

AYES-Messrs. Bliss, Elliott, Fulkerson, Massey, Moulton, Nash, Norton, Pa Phlegar, Powell, Sherrard, Slemp, Spitler, Ward, and Wood-15.

NOES-Messrs, Betts, Bland, Brooke, Daniel, Gayle, Goode, Grimsley, Hairst Hurt of Pittsylvania, Koiner, Lee, Murray, Nunn, Sinclair, Smith, Tanner, W ston, and Wortham-18.

The question recurring on the adoption of the substitute propos by the House of Delegates,

Mr. FULKERSON moved to lay the joint resolution on the table; a the question being put thereou, was determined in the negative. The question recurring on the adoption of the substitute, and bei put, was determined in the affirmative-ayes 20; nces 14.

Ón motion of Mr. LEE, the vote was recorded as follows:

AYES-Messrs. Betts, Bland, Bliss, Brooke, Griffin, Grimsley, Hairston, Hurt Pittsylvania, Koiner, Lee, Moulton, Murray, Nash, Nunn, Sinclair, Spitler, Tı ner. Walston, Wood, and Wortham-20.

NOES-Messrs. Daniel, Elliott, Fulkerson, Gayle, Johnson, Massey, Nort Paul, Phlegar, Powell, Sherrard, Slemp, Smith, and Ward-14.

Ordered, That the clerk inform the House of Delegates thereof. A communication from the House of Delegates by their clerk, w read as follows:

In House of Delegates, December 11, 1878. The House of Delegates have passed House bills entitled an a allowing any person to have his dog listed for taxation, thereby maki the same personal property, No. 4; an act to refund to Edward Ca non license tax, No. 3; and an act for the relief of the sureties John Huddleson, late collector of Central township, of the county Rockingham, No. 2.

And they have agreed to House joint resolution in relation to t terms of office of the circuit judges, No. 15.

In which bills and joint resolution they respectfully request t concurrence of the Senate.

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