On motion of Mr. LAYNE, Resolved, That the committee for courts of justice enquire into the expediency of enacting a law preventing sheriffs or deputy sheriffs, now in office or hereafter appointed to office, from making sale of any property levied on by them after the expiration of their term of office. And that they be required at the expiration of such term of office to deliver to their successors all process unexecuted; all property levied on by such process, and all unforfeited delivery bonds remaining in their hands at the time of the expiration of their said term of office, together with such other amendments to the existing laws concerning sheriffs as the committee may deem proper, and that they report by bill or otherwise.

On motion of Mr. STOVALL,

Whereas it is represented to the general assembly, that in many of the counties and corporations of this commonwealth, the proceedings both of the courts and of the school commissioners under the act of 5th March 1846, "amending the present primary school system," have been to a greater or less extent informal or imperfect, or that the duties enjoined on said courts and commissioners have been entirely pretermitted, and that such counties and corporations are thereby prevented from receiving the school quotas of the Literary fund, which have been allotted to them, and applying them to the education of the poor children: Therefore,

Resolved by the general assembly, That wherever school commissioners have been or shall be appointed by the county or corporation courts, whether in view of the act aforesaid, or of the laws as they existed prior to the passage thereof, the treasurers of school commissioners or superintendents of schools who have been appointed as aforesaid by the board of school commissioners, or who shall be appointed at any time previous to the next June term of the county or corporation courts, shall be authorized to receive the school quotas due their respective counties or corporations upon giving proper bonds as treasurers of school commissioners or as county superintendents of schools, as the case may be, in the forms heretofore prescribed by the superintendent of the Literary fund. And the bonds thus given shall be valid, and shall bind the securities thereto, in the same manner as though there had been no informality or omission on the part of the courts and boards of school commissioners as aforesaid, or either of them: Provided, That said bonds shall be taken after the passage of this resolution by the clerks of the respective county or corporation courts, as heretofore required in the case of the bonds of treasurers of school commissioners, and that certified copies thereof shall be sent by said clerks to the superintendent of the Literary fund, before payment of the quotas due.

Ordered, That the clerk communicate the same to the senate and request their concurrence.

The resolution submitted by Mr. Cook on Wednesday last, for bringing in a supplemental bill relative to the appropriation to the Southwestern road, to be expended on the construction of said road from its eastern terminus to the town of Buchanan, and which was under consideration on yesterday when the house passed to the order of the day, was on motion of Mr. Cook ordered to be laid upon the table.

Mr. Bocock, from the committee for courts of justice, presented as a part of the Criminal Code, the following bill:

No. 184. A bill concerning offences against public policy; and

Certain amendments proposed by said committee to the bill concerning offences against public justice, (No. 104,) and a bill concerning offences against private property, (No. 98.)

On motion of Mr. Bocock, Ordered, That the said bill and proposed amendments be printed.

On motion of Mr. BURWELL, Ordered, That the committee of schools and colleges be discharged from the consideration of the petition of the school commissioners of Rockingham county, praying to be exempted from the operation of a portion of the act amending the present primary school system, passed at the last session of the legislature, and that the said petition be laid upon the table.

Mr. BURWELL, from the committee of schools and colleges, presented a report upon the petition of John R. M'Cluer; and the following bill:

No. 185. A bill to amend the act passed the 25th February 1846, to establish district free schools in Lancaster and other counties.

Mr. STOVALL, from the committee of finance, presented a report upon the resolution for granting licenses to the owners of public theatres to sell refreshments therein; and the following bills:

No. 186. A bill concerning the estate of Blair Bolling, late of the public guard.

No. 187. A bill providing for the issuing of new certificates of debt in place of certain bonds issued by the James river company.

No. 188. A bill concerning Joseph Selden, late of the public guard; and

No. 189. A bill imposing taxes for the support of government.

On motion of Mr. STOVALL, the said last bill was ordered to to be printed, and made the order of the day for Monday the eighth of February.

A motion was made by Mr. M'PHERSON that the house take up the resolution submitteed by him on the 10th of December last, for the appointment of a committee to report bill No. 23 of the session of 1844 and 1845, which had for its object the question of taking the sense of the people upon the propriety of calling a convention to amend the constitution of the state, and the question being put thereupon was determined in the negative. Ayes 55, noes 56.

On motion of Mr. M'PHERSON the vote was recorded as follows:

AYES-Messrs. Powell, Sheffey, Johnson, Byrd, Boak, Small, Bambrick, Harrison of Brunswick, Morris, Thompson of Dinwiddie, Love, Hill of Fayette and Nicholas, Evans, Street, Wall, Carson, White, Carroll, Calwell, Stovall, Hiett, Thompson of Hampshire, Dillard, Hunter, Thompson of Jefferson, Richmond, Schooley, Banks, Haymond, Oldham, Waggoner, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Breathed, M'Pherson, Tatum, Newman, Cackley, Fairfax, Sturm, Cook, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Tate, Burdett, Gillespie, Horner, Castleman, Goodson, Stephenson and Floyd-55.

NOES-Messrs. Jones, (speaker,) Brown of Albemarle, Hart, Layne, Scruggs, Burwell, Thompson of Botetourt, Bocock, Mosby, Fox, Dickinson, Lacy, Cardwell, Slaughter, Irving, Chisman, Roane, Scott, Smith, Stillman, Jones of Gloucester, Leake, Lee, Lancaster, Howard, Patrick, Wallace, Gaines, Gresham, Ballard, Harrison of Loudoun, M'Intyre, Poindexter, Edmondson of Lunenburg, Williams, Kelly, Perrow, Newton, Watts, Yerby, Nelms, Oliver, Edgington, Davis, Syme, Lanier, Tunstall, Cocke, Anderson, Daniel, Strother, Harper, Goodwin, Holladay, Fitzhugh and Chandler-56.

On motion of Mr. COCKE leave was granted to withdraw the petition of the convention of colleges, presented at the session of the legislature in 1845-6, presenting the claims of said colleges to share in the benefits of the Literary fund; thereupon, Mr. CoсKE again presented the same, and it was ordered to be referred to the committee of schools and colleges.

Mr. HAYMOND presented a petition of Charles Wallace asking to be compensated for military services rendered by him during the late war with Great Britain, which was ordered to be referred to the committee of claims. Also a petition of citizens of the county of Marion, for the passage of an act requiring polls to be opened at the general elections to ascertain the sense of the people in relation to the propriety of granting licenses in each county to keepers of ordinaries, which was ordered to be referred to the committee of finance.

Mr. DAVIS presented a petition of citizens of the counties of Greene and Madison, in favour of the extension of the Louisa railroad through the county of Greene to the base of the Blue Ridge, which was ordered to be referred to the committee of roads and internal navigation.

No. 73. A bill to authorize the auditor to issue a warrant upon the treasury in favour of Peter Moore's administrator, was taken up on motion of Mr. STROTHER and read a second time; thereupon an amendment was submitted thereto by Mr. STOVALL, which having been under consideration for some time, the house passed to the order of the day; and

No. 63. A bill to incorporate the Potomac and Ohio railroad company was taken up, and having been under discussion,

On motion of Mr. LEE the house adjourned until Monday twelve o'clock.

MONDAY, FEBRUARY 1, 1847.

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

IN SENATE, JANUARY 28, 1847.

The senate have passed the bill, entitled "An act to amend an act, entitled 'an act incorporating a company to construct a turnpike road from Howardsville in the county of Albemarle, to the bridge across Rockfish river in the county of Nelson.'" (No. 64.) They have also passed the bills, entitled

"An act subscribing on the part of the state for two fifths of the capital stock of the Giles, Fayette and Kanawha turnpike company." (No. 39.)

"An act providing for the construction of the Sistersville and Salem turnpike road," (No. 53;) and "An act to incorporate the male and female academy of Buchanan in the county of Lewis," (No. 70,) with amendments, in which they request the concurrence of the house of delegates.

The said amendments being twice read were severally agreed to, and it was ordered that the clerk inform the senate thereof.

On motion of Mr. SMITH, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of reviving the act passed the 15th of March 1832, incorporating a company for the improvement of the navigation of Goose creek, and the act amendatory of the said act, passed March 14th, 1833.

On motion of Mr. SMITH leave was granted to withdraw the petition of citizens of the county of Fauquier for a division of said county, presented at the session of the general assembly in 1843.

On motion of Mr. Fox, Resolved, That the committee for courts of justice be instructed to examine the 27th section of the act, entitled "an act to reduce into one the several acts and parts of acts concerning the county and other inferior courts and the jurisdiction of justices of the peace within this commonwealth," passed March

2d, 1819, and also examine the act, entitled "an act concerning executions and new trials in cases upon warrants," passed March 6th, 1840, and if in their opinion legislation is necessary on the subjects therein set forth, they report by bill or otherwise.

On motion of Mr. SHEFFEY, Resolved, That the committee on agriculture and manufactures enquire into the expediency of bringing in a bill to provide for the inspection of flour in the town of Staunton.

On motion of Mr. ScoTT, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of incorporating a company to construct a turnpike road from Farrowsville in the county of Fauquier, to some point on the Ashby's gap turnpike road near Hatcher's mill, and of providing for a survey of the route for said road at the public expense.

On motion of Mr. MAYO, Resolved, That leave be given to the James river and Kanawha company to hold their meeting in this hall this evening and on each successive evening during its session.

On motion of Mr. FITZHUGH, Resolved, That the committee for courts of justice be instructed to report bill No. 94, as it passed this house at the last session.

On motion of Mr. OLDHAM, Resolved, That the committee of schools and colleges be instructed to enquire into the expediency of providing by law for the incorporation of a male and female academy in the county of Marshall. On motion of Mr. FLOYD, Resolved, That the librarian be instructed to furnish to the clerk of the committees of schools and colleges, and roads and internal navigation, such numbers of the sessions acts as are wanting to complete the series belonging to said committees.

On motion of Mr. Love, Resolved, That the committee of roads and internal navigation be directed to enquire into the expediency of amending the charter of the Falls bridge turnpike company, so as to authorize the said company to extend their road from its present terminus at the late district line in the county of Alexandria, to the bridge at the Little falls of the Potomac in said county.

On motion of Mr. HAYMOND, Resolved, That the committee for courts of justice be directed to enquire into the propriety of amending or repealing the act prescribing certain courts in which suits against public corporations composed of officers of the government may be maintained, passed March the 5th, 1846, and report by bill or otherwise.

On motion of Mr. BURDETT, Resolved, That the committee of schools and colleges be instructed to enquire into the expediency of reviving a law passed 1844-5, authorizing the auditor of public accounts to issue his warrant on the treasury in favour of the trustees of Rector college for the sum of one thousand dollars.

The SPEAKER laid before the house a communication from the governor, enclosing the quarterly statements of the condition of the Exchange Bank of Virginia and branches on the 31st of December 1846; which, on motion of Mr. LEAKE, was laid upon the table and ordered to be printed. [Doc. No. 41.]

Mr. BANKS, from the committee of propositions and grievances, presented reports upon petitions of citizens of the county of Fluvanna, for submitting to the people the question of granting licenses for the sale of ardent spirits; and of citizens of the county of Ritchie, for a separate election in said county; and upon the resolution for authorizing Bartholomew Dodson of Richmond county to celebrate the rites of matrimony in the counties of Richmond and Northumberland; and the following bill:

No. 190. A bill discontinuing the separate poll required to be held at the house of David West in Wetzel county.

Mr. Bocock, from the committee for courts of justice, presented a report upon the resolution for amending the several acts concerning ferries; and the following bills:

No. 191. A bill divorcing Catharine Hillary from her husband William Hillary; and

No. 192. A bill releasing to George Nicholson the commonwealth's right to a lot of land therein mentioned. And as a part of the Criminal Code, the following bills:

No. 193. A bill concerning offences by slaves; and

No. 194. A bill concerning offences by free negroes and mulattoes.

On motion of Mr. Bocock, Ordered, That the said two last bills be printed.

On motion of Mr. STOVALL, Ordered, That the report of the committee of finance upon the debt, revenue

and expenditures of the commonwealth be printed. [Doc. No. 42.]

Mr. GRESHAM, according to order, presented a bill to incorporate the trustees of the glebe fund of Lancaster county, (No. 195,) which on his motion was ordered to be printed.

Mr. SHEFFEY, from the committee on lunatic asylums, presented the following bill:

No. 196. A bill providing for the enlargement of the Western lunatic asylum.

Mr. HART presented a petition of David Keblinger, asking to be divorced from his wife Elizabeth, which was ordered to be referred to the committee for courts of justice.

Mr. BENNETT presented a diagram in relation to the application for a separate election at the Union meetinghouse in the county of Barbour, which was ordered to be referred to the committee of propositions and grievances.

On motion of Mr. MAYO leave was granted to withdraw the petition of Samuel Freeman, presented at a former session of the general assembly, asking compensation for transporting cannon to be used for salutes at the entertainment of general Lafayette at the town of York; thereupon he again presented the said petition, and it was ordered to be referred to the committee of propositions and grievances.

Mr. HIETT presented a petition of citizens of the county of Hampshire, for the incorporation of a company to construct a road from the town of Romney to the Green spring depot in the county of Hampshire.

And a petition of other citizens of the same county, for the incorporation of a company to construct a turnpike road from the mouth of Paterson's creek to Moorfield in the county of Hardy.

Mr. HUNTER a petition of citizens of the counties of Clarke and Jefferson, for the incorporation of a company to construct a M'Adamized road from Berryville to the town of Charlestown.

And a petition of citizens resident near the Shenandoah river, for the charter of a company to construct a railroad from Little's falls on the Shenandoah river, to intersect the Baltimore and Ohio railroad at or near the Old Furnace on the Potomac river, or to intersect the Winchester and Potomac railroad at or near Keye's Switch in the county of Jefferson.

Ordered, That the said petitions be referred to the committee of roads and internal navigation.

Mr. HARRISON of Loudoun presented a petition of citizens of the counties of Fauquier, Loudoun and Prince William, for the formation of a new county out of parts of said counties with the town of Middleburg as its seat of justice.

And a memorial of citizens of the county of Fauquier, remonstrating against the formation of a new county out of the counties of Loudoun and Fauquier with Upperville for its county seat, and expressing a preference for the town of Middleburg as the seat of justice if the division with the town of Salem as the county seat should not be adopted.

Mr. BYRD a petition of citizens of the counties of Bath and Pendleton, for the formation of a new county out of parts of said counties.

Mr. FLOYD a petition of David Graham and other citizens of the county of Wythe, asking for a reduction of the tolls on the James river and Kanawha company's canal.

Mr. MOSBY similar petitions of S. C. Anderson and others, and of J. D. Alexander and others.

Mr. HILL of Fayette and Nicholas a petition of citizens of the county of Fayette, asking for a division of said county and the formation of a new county out of the same.

Ordered, That the said petitions be referred to the committee of propositions and grievances.

Mr. SCHOOLEY presented petitions of citizens of the county of Loudoun, asking a repeal of the act of the last session of the legislature for the protection of sheep in that county, which were referred to the committee on agriculture and manufactures.

Mr. CHANDLER presented a petition of the school commissioners of the county of Westmoreland, asking the repeal of the act amending the primary school system as far as that county is concerned, which was ordered to be referred to the committee of schools and colleges.

No. 27. A bill to increase the capital stock of the Staunton and James river turnpike company for the purpose of M'Adamizing their road, was taken up, and on motion of Mr. STOVALL the consideration thereof was postponed and made the order of the day for Thursday next.

No. 73. A bill to authorize the auditor to issue a warrant upon the treasury in favour of Peter Moore's administrator, with the amendment thereto proposed by Mr. STOVALL, and which was pending on Saturday when the house passed to the order of the day, was taken up, and on motion of Mr. STOVALL the said bill and amendment were ordered to be recommitted to the committee of finance.

No. 63. A bill to incorporate the Potomac and Ohio railroad company was taken up; thereupon a motion was made by Mr. EDGINGTON that the farther consideration thereof be indefinitely postponed, and the said motion having been for some time under discussion,

On motion of Mr. YERBY the house adjourned until to-morrow 12 o'clock.

TUESDAY, FEBRUARY 2, 1847.

On motion of Mr. HAYMOND, Resolved, That the committee on agriculture and manufactures be instructed to enquire into the expediency of amending the charter of the Broadmeadow mining and manufacturing company, and that they have leave to report by bill or otherwise.

On motion of Mr. SYME leave was granted to the committee appointed to investigate the charges against judge James H. Gholson to hold their sessions during the session of the house, and authority was granted to said committee to appoint a clerk.

On motion of Mr. MOSBY, Resolved, That the committee of claims be instructed to enquire into the expediency of providing for the payment of the expenses (not heretofore discharged) incurred by captain Edward C. Carrington in mustering his company of volunteers into service.

On motion of Mr. HOLLADAY, Resolved, That the committee on roads and internal navigation be instructed to enquire into the expediency of incorporating a steamboat company for the purpose of conveying freight and passengers between different points on the Rappahannock river, and between points on that river and any points

on either shore of the Chesapeake bay not lower than the mouth of Cherry Stone in the county of Northampton, nor higher than Smith's point in the county of Northumberland.

On motion of Mr. LACY, Resolved, That the committee for courts of justice enquire into the expediency of authorizing the depositions of nonresident witnesses to be taken by one justice of the peace.

On motion of Mr. STROTHER, Resolved, That the committee of roads and internal navigation enquire into the expediency of incorporating a company to construct a turnpike road from Sperryville in Rappahannock county to Horner's mill in Culpeper county, and of providing for the survey of the route of said road at the public

expense.

On motion of Mr. PERROW, Resolved, That it be referred to the committee for courts of justice to examine into the expediency of so amending the poor laws, as to extend the right to vote at elections for overseers of the poor to all who now have the right to vote for members of the Virginia assembly, and that they have leave to report by bill or otherwise.

On motion of Mr. STROTHER, Ordered, That the committee of finance be discharged from the consideration of the resolution referring to said committee so much of the governor's message as relates to weights and measures, and that the same be referred to the committee on trade and mechanic arts.

On motion of Mr. STROTHER, Ordered, That the committee of finance be discharged from the consideration of the resolution referring to said committee so much of the governor's message as relates to the bonds of the commonwealth held by the Literary fund, and advising that the same be cancelled; and the said resolution was ordered to be laid upon the table.

Mr. BANKS, from the committee of propositions and grievances, presented a report upon the petition of citizens of the counties of Lewis, Randolph, Barbour and Harrison for a new county.

Mr. DAVIS, from the committee on agriculture and manufactures, presented reports upon the petitions of citizens of the county of Rockingham, for the passage of an act authorizing their county court to impose a tax on dogs; and of the inspectors of tobacco in the town of Lynchburg for authority to sell all tobacco at their warehouses; and the following bills:

No. 197. A bill to establish a flour inspection in the town of Staunton; and

No. 198. A bill to incorporate the New England woollen and cotton manufacturing company.

Mr. SYME, from the committee on banks, presented the following bill:

No. 199. A bill to establish the Bank of Martinsburg in Virginia, in the county of Berkeley.

Mr. TATE, from the committee on lunatic asylums, presented the following bills:

No. 200. A bill providing that the fiscal year of the Eastern lunatic asylum shall commence on the first of October annually.

No. 201. A bill respecting the lunatic asylums of the commonwealth; and

No. 202. A bill providing further for the admission of insane persons into the lunatic asylums of the commonwealth.

On motion of Mr. HAYMOND, Ordered, That the seventh annual report of the president and managers of the Monongahela navigation company, presented in January 1847, be printed for the use of the general assembly. [Doc. No. 43.]

Mr. THOMPSON of Botetourt presented a petition of citizens and part of the members of the bar of Botetourt county, asking for the removal of the court of appeals from the town of Lewisburg to the White Sulphur springs; which, on his motion, was ordered to be laid upon the table.

Mr. BYRD presented a petition of citizens of the county of Bath residing on the Cowpasture river, praying for an alteration of the law concerning slopes over mill dams; which was ordered to be referred to the committee of roads and internal navigation.

On motion of Mr. HILL of Shenandoah leave was granted to withdraw the petition of citizens of the county of Shenandoah, relative to the boundary line between said county and the county of Frederick, presented at the session of the legislature in 1846; thereupon he again presented the said petition, and it was referred to the committee of propositions and grievances.

Mr. HILL of Shenandoah presented also a petition of Samuel C. Williams, asking that the line between the counties of Shenandoah and Frederick may be determined by law, which was also referred to the same committee.

Mr. DARRACOTT presented a memorial of citizens of the county of Hanover, remonstrating against the incorporation of a company to construct a railroad from Richmond to Eltham ou York river, which was ordered to be laid upon the table.

The following engrossed bills were read a third time and passed, viz :

No. 72. A bill authorizing a separate election at the house of Cornelius M. Shannon in the county of Tazewell; and

No. 74. A bill to increase the capital of the Berryville turnpike company, and authorizing a state subscription of two fifths of such increased capital.

Ordered, That the clerk communicate the said bills to the senate and request their concurrence.