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Hudgin, Hunter, J. Horace Lacy, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Magruder, Morrison, Neeley, Sellers, Shumate, Stuart, Taliaferro, Taylor, Wallace, Williams, and Mr. Speaker--44.

NAYS-Messrs. Armentrout, Armstrong, Bagwell, Beaton, Boykin, Branch, Jack Carter, Cecil, Matt Clark, Cox, Crank, Finney, Goodwyn, Graves, Grayson, Hamilton, Hill, John T. Hoskins, Howard, James, Jett, P. K. Jones, R. S. Jones, Massey, McMullan, Montague, Morris, Moss, W. A. Nash, O'Neal, Pendleton, Popham, Richmond, Riddlebarger, Rogers, Scruggs, Swann, Turner, Whittaker, Winn, Withers, and Young-42.

The question recurring on agreeing to the amendment offered by Mr. Bagwell, was put and decided in the affirmative-yeas 51; nays 35. On motion of Mr. Lovenstein, the vote was recorded as follows:

YEAS-Messrs. Armentrout, Armstrong, Bagwell, Beaton, Blair, Boykin, Branch, Jack Carter, Cecil, Matt Clark, Cox, Crank, Finney, Fulkerson, Goodwyn, Grayson, Hamilton, Hill, Holbrook, John T. Hoskins, Howard, Hudgin, James, Jett, P. K. Jones, R. S. Jones, Lightner, Lipps, Longley, Loving, Massey, McMullan, Montague, Moss, W. A. Nash, O'Neal, Pendleton, Popham, Richmond, Riddlebarger, Rogers, Scruggs, Shumate, Strother, Swann, Turner, Wallace, Whittaker, Winn, Withers, and Young-51.

NAYS-Messrs. Anderson, Bohannon, Brooks, Brown, Campbell, J. A. Carter, A. J. Clark, Cockerille, Coghill, Davis, Dooley, Fitzpatrick, Flood, Foster, Franklin, Friend, Gardner, Gilman, Haden, Harrison, Hoenniger, Hunter, J. H. Lacy, Lewis, Lovell, Lovenstein, Magruder, Morrison, Neeley, Sellers, Stuart, Taliaferro, Taylor, Williams, and Mr. Speaker-35.

Mr. Coghill entered a motion to reconsider the vote by which senate bill entitled "An act to amend and re-enact section 15 of chapter 173 of the Code of Virginia, edition of 1873, in relation to new trials," No. 207, was dismissed.

The hour of one o'clock having arrived―

Ordered, That Mr. Hunter inform the senate that the house is ready on its part to proceed to the execution of the joint order, which has for its object the election of a city judge for the city of Winchester.

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

Mr. Hunter nominated Joseph H. Sherrard.

Ordered, That Mr. Hunter inform the senate that Joseph H. Sherrard is the only person in nomination before the house.

A message was received from the senate by Mr. Ward, who informed the house that Joseph H. Sherrard is the only person in nomination before the senate.

The roll was called with the following result:

For Joseph H. Sherrard,

The vote was recorded as follows:

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76

For JOSEPH H. SHERRARD-Messrs. Anderson, Armentrout, Armstrong, Beaton, Blair, Bohannon, Boykin, Branch, Brooks, Brown, Campbell, J. A. Carter, Jack Carter, Cecil, A. J. Clark, Matt Clark, Coghill, Crank, Davis, Dooley, Finney, Fitzpatrick, Flood, Foster, Franklin, Friend, Fulkerson, Gardner, Gilman, Graves,

Grayson, Haden, Harrison, Hoenniger, Holbrook, J. T. Hoskins, Howard, Hudgin, Hunter, James, Jett, J. Horace Lacy, Lewis, Lightner, Lipps, Longley, Lovell, Lovenstein, Loving, Magruder, Massey, McMullan, Montague, Morrison, W. A. Nash, Neeley, O'Neal, Popham, Richmoud, Riddlebarger, Rogers, Scruggs, Sellers, Shumate, Strother, Stuart, Swann, Taliaferro, Taylor, Turner, Wallace, Williams, Winn, Withers, Young, and Mr. Speaker-76.

The speaker appointed Messrs. Lovenstein, Gardner and O'Neal 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,
Joseph H. Sherrard received

99

50

99

Joseph H. Sherrard having received a majority of all the votes cast, was declared duly elected city judge of the city of Winchester.

Special order

No. 276. House bill for the assessment, levy and collection of taxes, again came up.

Mr. Riddlebarger moved to strike out the 177th section, and insert the following in lieu thereof: "The specific license tax on every attorneyat-law, who has been licensed for less than five years, shall be fifteen dollars; and on attorneys who have been licensed and practiced for five years and more, shall be twenty-five dollars," which was rejected—yeas 24; nays 56.

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

YEAS-Messrs. Armentrout, Beaton, Blair, Bohannon, Branch, J. A. Carter, Cecil, Finney, Gardner, Hamilton, Harris, Harrison, Hill, Hoenniger, Lightner, Lovell, Loving, Neeley, Riddlebarger, Scruggs, Strother, Taylor, Turner, and Whittaker-24.

NAYS-Messrs. Anderson, Armstrong, Boykin, Brooks, Brown, Campbell, Jack Carter, A. J. Clark, Cockerille, Crank, Davis, Dooley, Fitzpatrick, Flood, Foster, Franklin, Friend, Fulkerson, Gilman, Graves, Grayson, Haden, Holbrook, John T. Hoskins, Howard, Hudgin, Hunter, James, Jett, P. K. Jones, Rufus S. Jones, J. Horace Lacy, Lewis, Lipps, Longley, Lovenstein, Magruder, Massey, McMullan, Montague, Morris, Morrison, Moss, W. A. Nash, Pendleton, Richmond, Rogers, Sellers, Shumate, Stuart, Swann, Syphax, Wallace, Winn, Withers, and Mr. Speaker-56.

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

MONDAY, APRIL 6, 1874.

The journal was read by the clerk.

A communication from the senate, by their clerk, was read as follows:

In Senate, April 4, 1874.

The senate have agreed to the amendments proposed by the house of delegates to senate bills entitled

An act to provide for a new registration in Alexandria city and county; No. 32.

An act to incorporate the Chesapeake and Albemarle railway company; No. 94.

And

An act to authorize the school trustees of Stonewall township, in the county of Richmond, out of the dog tax of eighteen hundred and seventy-two, to build one or more school-houses in said township; No. 99.

They have passed bills entitled

An act to amend and re-enact sections 31 and 32, chapter 180, Code of 1873, in regard to the allowance to clerks of circuit courts; No. 259. An act authorizing the divisions of cities and towns of more than five thousand inhabitants into wards; No. 235.

An act to release to the heirs of Frederick Davis Haroth the Commonwealth's right to certain real estate of which he died seized upon proof of heirship and irregularity of proceedings to escheat; No. 258.

An act to amend and re-enact the first and second sections of an act entitled an act to incorporate the Hollywood cemetery company, passed February 26, 1856; No. 278.

An act for the further protection of bailees for reward and compensation; No. 208.

An act to repeal section 3 of an act passed in 1801, entitled an act concerning the docks and wharves in the borough of Norfolk; No. 240.

An act to authorize the councils of Norfolk city to drain or otherwise improve certain low or marsh land, and to change Back creek in said city; No. 241.

An act to incorporate the Richmond and Newport News railway company; No. 249.

An act to regulate the granting of ordinary and other licenses in the town of Jeffersonville, in the county of Tazewell; No. 274.

An act to provide for the appointment of fish commissioners for the State of Virginia; No. 261.

An act to incorporate the Southern settlement society; No. 260. An act to amend the charter of the town of Culpeper; No. 265. An act to provide for the appointment of trustees for the town of Columbia, in the county of Fluvanna; No. 247.

An act to authorize the trustees of the Presbyterian church, in Ban

ister, to sell the church and parsonage lots and buildings, and to build a church at South Boston; No. 263.

An act chartering the Bank of Commerce; No. 197. And

An act to amend and re-enact the fifth section of chapter one hundred and forty-one of the Code of 1873, in reference to protest of notes; No. 276.

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

Nos. 276 and 258. Senate bills, were read twice and placed on the calendar, the rules having been suspended (on motions severally made) requiring their reference to committees.

Nos. 263, 208 and 259. Senate bills, were read twice and referred to the committee for courts of justice.

Nos. 260, 241 and 278. Senate bills, were read twice and referred to the committee on propositions and grievances.

Nos. 285, 247 and 265. Senate bills, were read twice and referred to the committee on counties, cities and towns.

No. 197. Senate bill, was read twice and referred to the committee on banks, currency and commerce.

No. 261. Senate bill, was read twice and referred to the committee on Chesapeake and its tributaries.

No. 274. Senate bill, was read twice and referred to the committee on finance.

Nos. 240 and 249. Senate bills, were read twice and referred to the committee on roads and internal navigation.

No. 252. Senate bill entitled an act in relation to the public roads of Nelson county, was reported from the committee on counties, cities and towns.

A message was received from the senate by Mr. Allan, who informed the house that the senate had agreed to the following resolution :

Resolved, That the house of delegates be requested to return senate. bill No. 249, to incorporate the Richmond and Newport News railway company.

The senate resolution was agreed to.

Ordered, That Mr. Anderson return the bill to the senate.

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

No. 354. House bill to amend and re-enact the 8th section of the 169th chapter of the Code of 1873, relative to the death or change of parties, and the discontinuance of causes not prosecuted, with a recommendation that it do not pass.

No. 355. House bill in relation to county court judges, with a recommendation that it do not pass.

No. 356. House bill for the relief of James A. Swanson, of Pittsylvania county, reported from the committee on finance, was read a first time.

The following report was presented :

The committee to whom was referred the resolution directing an inquiry and report as to the enforcement of the claims of the Commonwealth against the Chesapeake and Ohio canal company, and the fees paid to counsel for the services rendered in said matter, report:

That they immediately requested the attendance of General Bradley T. Johnson, one of the counsel employed by the board of public works, who furnished them with a detailed statement of the transaction, which they likewise find fully recorded in the proceedings of the board of public works, with frequent and particular reports made from time to time by General Johnson and his colleagues to that body.

They have ascertained the following facts:

The Chesapeake and Ohio canal company, a corporation created by Virginia, Maryland, Pennsylvania, and the United States having been always unable to earn any net income, and the State of Maryland having exhausted her resources in constructing it, procured the Commonwealth of Virginia to guarantee $500,000 of the company's bonds. On these bonds Virginia had paid interest from 1852 up to 1865, whenever the coupons on them were presented to her, amounting to $269,000. In April, 1865, all the coupons thus paid by her were lost, stolen or destroyed, in the occupation of the capitol by the federal forces, and thus the only evidence of the debt due by the company to Virginia passed beyond her control; so that in 1867 Virginia was bound as guarantee on $500,000 of bonds, the maker of which had been bankrupt for twenty years, and paid out for it $269,000, the evidence of which payment was, owing to the reasons already assigned, either destroyed or made very difficult to obtain.

Under these circumstances the general assembly passed the following resolution on the 26th day of February, 1867:

Be it resolved by the general assembly of Virginia, That the board of public works be and they are hereby authorized and directed to adopt such measures as in their judgment may be necessary and proper to realize the preferred liens of the State upon the tolls and revenues of the Chesapeake and Ohio canal company, and for that purpose to contract with counsel for the enforcement of said liens, in concert with other holders of similar liens :

Provided, however, that the compensation of such counsel shall be contingent only, and shall be paid by said board only out of the proceeds to be realized from such proceedings, or the debts or liens secured thereby.

Immediately thereafter the board of public works, by virtue thereof, made two contracts with Messrs. Neilson Poe and John P. Poe, of Baltimore, and General Bradley T. Johnson, of Richmond, the originals of which we have examined, and which are likewise recorded at their respective dates among the proceedings of the board of public works. The first contract of February 27, 1867, after reciting the resolution, and that the Commonwealth is guarantee on $500,000 of these bonds, "and the said company is utterly insolvent, whereby the State is really bound for the full amount of said bonds; and that the State is also the

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