1852, entitled an act to incorporate the town of Newbern, in the county of Pulaski, in force March 4, 1872, reported from the committee on counties, cities and towns, was read a first time. The following house bills, reported from the committee for courts of justice, were read a first time: No. 90. House bill to amend and re-enact section 1, chapter 116, of the Code of 1873, in relation to notaries public, (with a recommendation that it do not pass.) No. 91. House bill to prevent the sale of intoxicating liquors to minors. The following report was agreed to: The committee on schools and colleges have had under consideration the semi-annual report of the board of visitors of the Virginia military institute, and recommend that the said report be laid on the table and printed as a document. (Doc. No. 4.) Leave of absence was granted Messrs. Matt Clark one day; Holbrook and J. T. Hoskins, two days each; Withers, Lee, Hill and William Hoskins, three days each; and Sellers five days. Mr. Anderson moved a suspension of the rules in order that petitions of the citizens of Powhatan, Cumberland and Amelia counties, to the legislature of Virginia, praying that they will not part with the State's interest in the Upper Appomattox company, except on certain conditions, might be read, which notion was agreed to. The petitions were read by the clerk. On motion of Mr. Anderson, the petitions were referred to the committee on roads and internal navigation. The following were presented and referred under rule 37: By Mr. Blair: Petition of faculty of Roanoke college, and mayor and aldermen of Salem, asking for enactment of law to prohibit county judge from granting license to retail ardent spirits in corporation of Salem, Roanoke county. Referred to committee for courts of justice. By Mr. Whittaker: A bill authorizing the voters of the various townships in the county of Brunswick to vote on the question of repealing the act relating to fences, passed January 26, 1866. Referred to committee on agriculture and mining. By Mr. Williams: A bill to amend and re-enact section 5, chapter 168 of the Code of 1873, in reference to special pleas of set off. Referred to committee for courts of justice. By Mr. Koiner: Petition of John Hamilton to be refunded taxes improperly collected of him. Referred to committee on finance. By Mr. Wharton: A bill for the relief of William T. Albright, late sheriff of Montgomery county. Referred to committee on finance. By Mr. Dooley: A bill to amend section 1, chapter 175, of the Code of 1873, with reference to injunctions. Referred to committee for courts of justice. By Mr. Lee: Resolved, That the committee for courts of justice be instructed to inquire into the expediency of amending section 33, chapter 49 of the Code of 1873, so as to provide that in case of exemption from distress in favor of husband or parent, that an amount in value of exemption shall be fixed, instead of enumerated articles; and to permit the husband or parent to make the selection of such articles as he may desire equal in value to amount of exemption. By Mr. Hale: Resolved, That the committee on retrenchment and economy be instructed to inquire into the expediency of reducing the compensation of county superintendents of public schools. By Mr. Wharton: A bill to amend and re-enact the tenth clause of the seventh section of the seventy-eighth chapter of the Code of Virginia (edition of 1873), in relation to public schools. Referred to committee on schools and colleges. The morning hour having expired, the house proceeded to the consideration of the business on the calendar: No. 36. House bill, to validate the reassessment of the lands of Washington county made in the year 1873, for the year 1873, and to authorize the treasurer of said county to retain out of the taxes due the State for the year 1873, when collected, an amount equal to the excess of the taxes due on the lands of said county, as assessed in the year 1870, over the amount that would be due by the valuation under the reassessment made in 1873, and to apply the amount so retained to the payment of county levies (unfinished business), came up. Mr. Harrison withdrew his motion to recommit the bill. Mr. Harrison withdrew his substitute for section one of the bill. Mr. Cockerille withdrew his amendment to section one of the bill. Mr. Lewis withdrew his amendment to section one of the bill. Mr. Harrison offered an amendment to the bill in the nature of a substitute. Mr. Graves moved to amend the substitute by adding at the end of the first section the following: "Provided, that the several counties, cities and towns of this Commonwealth that did not have their lands reassessed under the provisions of the above named acts, shall be entitled to the same reduction of taxes on their lands that the counties are that have had their lands reassessed, said reduction to be ascertained by the average reduction of the lands in the counties where the lands have been reassessed." Mr. Powell moved the pending question, which was ordered. YEAS-Messrs. Alexander, Anderson, Armentrout, Bagwell, Banks, Beaton, Boykin, Brown, Campbell, A. J. Clark, Critz, Dooley, Finney, Franklin, Gardner, P. Gibson, Graves, Howard, James, Jordan, J. H. Lacy, Lamkin, Lee, Lybrook, Me Mullan, Moore, Neeley, Pannill, Pendleton, Powell, Round, Scruggs, Sellers, Strother, Stuart, Turner, Wallace, Webb, Winn, Yager, and Mr. Speaker-41. NAYS-Messrs. Armstrong, Blair, Brady, Brooks, J. Armistead Carter, Jack Carter, Cockerille, Coghill, Davis, Fitzpatrick, Fulkerson, T. S. Gibson, Gilliam, Goodwyn, Griffith, Haden, Hale, Hamilton, Harrison, Henderson, Hill, Hoenniger, Holbrook, W. Hoskins, Koiner, B. W. Lacy, Lewis, Lightner, Lipps, Longley, Lovell, Loving, Lucas, Magruder, Massey, McGonigal, Moss, Jno. L. Nash, W. A. Nash, Nickens, Norton, O'Neal, Riddlebarger, Rogers, Shumate, Spratt, Stovall, Syphax, Taliaferro, Wharton, Whittaker, Williams, and Young-53. Mr. Powell moved the pending question, which was ordered. Whereas, thirty-seven counties of this Commonwealth, under an act of the general assembly, in force February 1, 1872, caused a reassessment of their lands to be made, and thereby greatly reduced the taxable value of the same below the assessed value of 1870; and Whereas, the said act was amended by an act of the general assembly of March 13, 1873, extending the time for reassessing the lands to those counties of the Commonwealth which had failed to reassess under the act in force February 1, 1872; and Whereas, certain of said counties took all the necessary steps required by the amended act of March 13, 1873, to reassess the lands of said county, and did, at great expense, reassess the same, but owing to the shortness of time allowed, and the extent of territory embraced in these counties, the assessors failed to complete the reassessment and return the books to the office of the auditor by the first day of July, 1873, as required by the said amended act, but have since returned the same, by reason whereof their taxes have been collected under the preceding assessment, and they have failed to receive the benefit of such new assessment; therefore, 1. Be it enacted by the general assembly, That the valuation of the real estate of said counties who have so failed to receive the benefit of such new assessment, as ascertained and fixed by the assessors appointed under an act which became a law March 13, 1873, entitled an act to amend and re-enact an act entitled an act providing for the reassessment of land throughout the Commonwealth, passed February 1, 1872, so as to enable those counties in the State which failed to avail themselves of the provisions of said act to do so, and their assessments thereon are hereby confirmed and declared as valid as if their said valuation and assessment had been completed and the books returned to the auditor's office by the first day of July, 1873. 2. That the treasurers of each of said counties be and they are hereby authorized to retain out of the taxcs due the State on the lands of said counties for the year 1873, a sufficient amount to pay to each person from whom the taxes may have been collected, the difference between the taxes due from such tax-payer to the State on the books of assessment of the lands of said county for the year 1870, and the amount of taxes which would have been due the State on the new assessment books of 1873 had the said books been returned to the auditor's office by the first day of July, 1873. 3. Out of the amount so retained by the said treasurers, they shall pay to each tax-payer of their counties from whom the tax may have been collected, an amount equal to the difference between the taxes paid by them for the year 1873, on the value of their lands as assessed in 1870, and the amount of taxes they would have paid the State had the assessment been according to the re-assessment of 1873; and upon the uncollected taxes they shall allow a credit so as to reduce the amount to be paid by the tax-payers to the proper amount to be paid by them under the reassessment of 1873. 4. This act shall be in force from its passage. Was rejected-yeas 45; nays 51. On motion of Mr. Anderson, the vote was recorded as follows: YEAS-Messrs. Armstrong, Blair, Brady, Brooks, J. Armistead Carter, Jack Carter, Cockerille, Coghill, Davis, Fitzpatrick, Fulkerson, Gardner, P. Gibson, T. S. Gibson, Gilliam, Goodwyn, Griffith, Hayden, Hale. Harrison, Henderson, Hoenniger, Holbrook, B. W. Lacy, Lewis, Lightner, Lipps, Longley, Lovell, Loving, McGonigal, John L. Nash, W. A. Nash, Nickens, Riddlebarger, Sellers, Spratt, Stovall, Strother, Syphax, Taliaferro, Wharton, Whittaker, Williams, and Young-45. NAYS-Messrs. Alexander, Anderson, Armentrout, Bagwell, Banks, Beaton, Boykin, Brown, Campbell, A. J. Clark, Crank, Critz, Dooley, Finney, Franklin, Grave, Hamilton, Win. Hoskins, Howard, Hudgin, James, Jett, Jordan, Koiner, J. Horace Lacy, Lamkin, Lee, Lucas, Lybrook, Massey, McMullan, Moore, Moss, Neeley, Norton, O'Neal, Ould, Pannill, Pendleton, Powell, Rogers, Round, Scruggs, Shumate, Stuart, Turner, Wallace, Webb, Winn, Yager, and Mr. Speaker-51. Mr. Neeley offered an amendment to the bill (in the nature of a substitute), as follows: Be it enacted by the general assembly, That for all purposes of taxation, the valuation of lands as ascertained by the assessment made in pursuance of the provisions of the act of July 9, 1870, for the assessment of lands, shall hereafter be taken as the basis: provided, that nothing in this act shall be construed to alter or in any way affect the valuation of lands as ascertained by the judgment of a court rendered upon the application of any person aggrieved by the assessment made under the act aforesaid. This act shall be in force from its passage. Mr. Round moved to lay the bill on the table, which was rejectedyeas 27; nays 73. On motion of Mr. Powell, the vote was recorded as follows: YEAS-Messrs. Armentrout, Brady, Brooks, Jack Carter, Davis, Foster, Gardner, Gilliam, Goodwyn, Hoenniger, William Hoskins, Hudgin, B. W. Lacy, Lewis, Lipps, Lovell, Lucas, John L. Nash, W. A. Nash, Pannill, Pendleton, Round, Syphax, Taylor, Williams, Winn, and Yager-27. NAYS-Messrs. Alexander, Anderson, Armstrong, Bagwell, Banks, Beaton, Blair. Boykin, Brown, Campbell, J. Armistead Carter, A. J. Clark, Cockerille, Coghill, Crank, Critz, Dooley, Finney, Fitzpatrick, Franklin, Fulkerson, P. Gibson, T. S. Gibson, Graves, Grayson, Griffith, Haden, Hale, Hamilton, Harris, Harrison, Henderson, Hill, Holbrook, Howard, James, Jett, Jordon, Koiner, J. Horace Lacy, Lamkin, Lee, Lightner, Longley, Loving, Lybrook, Magruder, Massey, McGonigal, Me Mullan, Moore, Moss, Neeley, Nickens, Norton, O'Neal, Ould, Powell, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Spratt, Strother, Stuart, Taliaferro, Wallace, Webb, Wharton, Whittaker, Young, and Mr. Speaker-73. On motion of Mr. Griffith, the house adjourned until to-morrow at 12 o'clock M. SATURDAY, JANUARY 31, 1874. Prayer by the Rev. George C. Vanderslice, 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, January 30, 1874. The senate have passed house bills entitled An act to repeal an act declaring a portion of Smith's creek and Cohoon's creek a lawful fence, approved 8th March, 1873; No. 23. An act to incorporate the Virginia club of the city of Norfolk; No. 32. An act to amend and re-enact section 4, chapter 129, acts 1871-'72, entitled an act to incorporate the town of Newport, in Giles county, Virginia; No. 44. Au act requiring claims for jury services to be presented for payment within two years; No. 48. An act to provide for the collection of the revenue of the city of Norfolk for the year 1873; No. 49. And they insist on their amendment to house bill entitled an act to amend section 6, chapter 201 of the Code of 1873, with reference to larceny; No. 13. They have agreed to the house joint resolution fixing Friday, 6th February, 1874, at one o'clock P. M., for the election of a judge of the county court of Dinwiddie. No. 13. House engrossed bill entitled an act to amend section 6, chapter 201 of the Code of 1873, with referency to larceny, was placed on the calendar-the rules having been suspended (on motion of Mr. Coghill) requiring its reference to a committee. The following house bills, reported from the committee for courts of justice, were read a first time: No. 92. House bill to amend and re-enact section 5, chapter, 168 of the Code of 1873, in reference to special pleas of set off. No. 93. House bill to amend section 1, chapter 175, Code of 1873, with reference to injunctions. On motion of Mr. Harrison, leave was given the committee on counties, cities and towns to have printed a bill to them referred in relation to the charter of the city of Manchester, together with the amendments that have been proposed to said bill. Leave of absence was granted Messrs. Lucas, Brooks and Norton one day each, Pendleton, Haden and Franklin three days each. The following report was presented: The committee for courts of justice have, according to order, had under consideration a resolution to them referred for amending section |