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the legislative action of this general assembly.
The committee deem it unnecessary to express any opinion upon this charge. It is certainly not deserving lowing resolution:
Resolved, That the committee be discharged from the further consideration of this subject.
Resolved by the general assembly, That the Board of public works be, and they are hereby authorized to cause to be surveyed and located by the engineer of the Southwestern road, the site for a M'Adamized road from the eastern terminus of said Southwestern road in the county of Roanoke, to the town of Buchanan in the county of Botetourt.
The said resolution was amended on motions of Mr. Mosby and Mr. Stovall, by adding thereto the following: "and that the said engineer in like manner be directed afterwards to survey a route for a similar road from the town of Salem to the town of Lynchburg : Provided however, That no additional compensation shall be allowed to said engineer or his subalterns."
And the resolution as amended was agreed to by the house.
On motion of Mr. STOVALL leave of absence was granted to Mr. GRESHAM for the remainder of the session from and after Friday next.
Mr. M'PHERSON presented a petition of citizens of the counties of Page and Shenandoah, praying the passage of an act to authorize the construction of a turnpike road from New Market in Shenandoah county, to Sperryville in the county of Rappahannock.
Also a petition of citizens of the county of Page, for authority to construct a turnpike road from New Market in Shenandoah county, through the counties of Page, Madison and Culpeper to Germanna, intersecting the turnpike road from Orange courthouse to Fredericksburg.
And a petition of other citizens of the county of Page, for authority to construct a turnpike road from New Market in Shenandoah county, passing through the county of Page, and by Madison courthouse to Gordonsville.
Ordered, That said petitions be referred to the committee of roads and internal navigation.
No. 117. A bill to facilitate the construction of an Electric telegraph line on the great northern and southern mail route, with the substitute thereto proposed by Mr. Carson, was taken up on motion of Mr. LEAKE, and the said substitute having been read, was amended on motion of Mr. DORMAN.
The same as amended is the following:
An Act to Incorporate the Washington and New Orleans Magnetic Telegraph Company. $I. Be it enacted by the general assembly, That Samuel F. B. Morse, John J. Haley, William B. Lloyd, and their associates, who have acquired from said Morse the right to construct and carry on the Electro-magnetic telegraph, by him invented and patented, through this state, on the route leading from the City of Washington to the City of New Orleans, are hereby created a corporation and body politic, for the purpose of erecting and maintaining a line of said telegraph on the route aforesaid, or any other route within this state, and transmitting intelligence by means thereof, under the name and style of the “Washington and New Orleans Magnetic Telegraph Company:" Provided, That a wire be extended through the City of Richmond, and a telegraph station kept at said city.
$ II. Be it further enacted, That the stock of said company shall consist of shares of fifty dollars each, to be issued in such proportions to the original owners of the patent right, and to those who have heretofore or may hereafter furnish funds for the construction and improvement of said line of telegraph, as the said owners and subscribers have heretofore or may hereafter agree upon : Provided, That when the basis on which such stock shall be issued, has been once fixed, it shall not thereafter be altered : Provided further, That funds to be raised for the construction of said telegraph, putting the same in operation, and from time to time adding to and improving it, shall be only sufficient for those purposes, and shall not be invested or employed for any other purpose whatever. .
III. Be it further enacted, That the said corporation shall have the power to build or purchase any connecting or side lines in this state, having acquired the right to do so from the owners of Morse's patent, and may enlarge their capital for that purpose.
Ś IV. Be it further enacted, That the persons named in the first section of this act shall have power to call a meeting of the corporate body hereby created, giving three weeks notice of the time and place of meeting, in at least one paper published in the Cities of Washington, Richmond, Va., Raleigh, N. C., Charleston, S. C., Mobile, Ala. and New Orleans, for the purpose of choosing a president, secretary and treasurer, together with a suitable number of directors, as may be determined on by stockholders for the management of their affairs.
§ V. Be it further enacted, That the president, directors, secretary and treasurer, shall hold their offices for one year, and until their successors shall be elected, and shall exercise such powers pertaining to the building and
management of said telegraph, not incompatible with the constitution and laws of this state, and of the United States, as may be authorized by the by-laws of said company.
SVI. Be it further enacted, That at every election each share shall entitle its holder to one vote, except that no stockholder shall be entitled to give more than one sixth of the entire vote to which the stockholders are entitled : and absent stockholders may vote by agents or proxies producing written authority: in case of a tie, the election shall be decided by lot.
♡ VII. Be it further enacted, That the Washington and New Orleans Magnetic telegraph company, hereby incorporated, shall have power to sue and be sued, complain and defend, in any court of law and equity having competent jurisdiction; to make and use a common seal, and the same to alter at pleasure ; to hold and purchase such real and personal estate as the lawful purposes of the corporation may require, and the same to sell and convey when no longer so required; to appoint such officers and agents as may be necessary, to manage the business of the corporation; and allow them a suitable compensation; and to make by-laws not inconsistent with any existing law, for the management of its property, the regulation of its affairs, and for the transfer of its stock.
VIII. Be it further enacted, That the corporation hereby created, shall have power to contract with either persons or bodies politic, to connect their lines of telegraph with lines out of the state.
$ IX. Be it further enacted, That the Washington and New Orleans magnetic telegraph company shall have power to set up their fixtures along and across any of the high roads and railroads belonging or which may hereafter belong to the state, or waters of this state, without its being deemed a public nuisance, or subject to be abated by any private persons—the said fixtures to be so placed as not to interfere with the common use of such roads and waters, or with the convenience of any land owner more than is unavoidable ; but said corporation shall be responsible for any damages which any person or corporation shall sustain by the erection, continuance and use of such fixtures, and in any
action brought for the recovery thereof, by the owner or possessor of any lands, the damages to be awarded, may at the election of the corporation, include the damage of allowing the said fixtures permanently to continue, on payment of which damages the right of the corporation to continue such fixtures, shall be confirmed, as if granted by the parties to the suit: Provided, That no person, or body politic, shall be entitled to sue for and recover damages as aforesaid, until the said corporation, after due notice, shall have failed or refused to remove, in reasonable time, the fixtures complained of; and every person, who shall destroy or commit a trespass upon the fixtures of said corporation, erected in pursuance of the authority hereby given, actually interrupting, or with intent to interrupt, the operations of the telegraph, shall pay to the said corporation five hundred dollars for such offence, and shall be further liable for all damages which the said corporation may suffer in repairing the injury and in the interruption of their business, to be recovered in an action of trespass, and shall be further liable to indictment, and on conviction be fined or imprisoned at the discretion of the court; and if any person incurring the penalty aforesaid, shall, through insolvency or other cause, be unable, or shall fail to pay the penalty and damages aforesaid, and shall, a second time, destroy or commit a trespass upon said fixtures, he shall be subject to imprisonment not less than one month nor over six months in the county jail, on conviction thereof before any court of competent jurisdiction.
$x. Be it further enacted, That the said corporation shall be bound, on application of any of the officers of this state, or of the United States, acting in the event of any war, insurrection, riot, or other civil commotion or resistance of public authority, or in the prevention of punishment of crime, or the arrest of persons charged or suspected thereof, to give to the communications of such officers immediate despatch ; and if any officer, clerk or operator of said company, shall refuse or wilfully omit to transmit such communications, or shall designedly alter, or falsify the same, for any purpose whatever, he shall be subject to fine and imprisonment, in proportion to the aggravation of the offence, upon conviction thereof before any court of competent jurisdiction. For transmitting such communications the company shall charge no higher price than for private communications of the same length.
$ XI. Be it further enacted, That should the holders of Morse's patent, or their assignees, acting in pursuance of any agreement that has been or may be entered into between them and the subscribers of funds to construct said telegraph, dispose of said patent to the government of the United States, or should the holders of three quarters of said stock in said corporation, agree to sell all their property in said telegraph, and the fixtures thereof, to the United States, then, upon the payment of the stipulated consideration to the president and directors of the Magnetic telegraph company, they shall forth with distribute the same among the stockholders, and by resolution proceed to dissolve, which resolution shall be certified by the president and secretary thereof to the secretary of state.
$XII. Be it further enacted, That before said company shall declare any dividend of the profits thereof among the stockholders, upon the whole line from New York to New Orleans, the president and directors, the treasurer, or other officer, shall pay into the treasury of this commonwealth, as a bonus, which shall be in lieu of all present or future taxation, one per cent. upon the aggregate amount of such profits or dividend thus to be declared.
$XIII. Be it further enacted, That this act shall take effect immediately, and shall be deemed a public act.
And the question being put upon adopting the same as amended was determined in the negative. Ayes 20, Noes 87.
On motion of Mr. TUNSTALL the vote thereon was recorded as follows:
Ayes_Messrs. Jones, (speaker,) Harvie, Powell, Byrd, Bennett, Bocock, Lacy, Thompson of Dinwiddie, Smith, Street, Carson, Jones of Gloucester, Calwell, Major, Robinson, Beirne, Nelms, Anderson, Freeman and Stephenson–20.
Noes_Messrs. Custis, Hart, Layne, Sheffey, Johnson, Scruggs, Boak, Small, Thompson of Botetourt, Bambrick, Morris, Mosby, Dickinson, Cardwell, Slaughter, Roane, Love, Evans, Stillman, Carper, Wall, White, Leake, Carroll, Walker, Stovall, Hiett, Thompson of Hampshire, Lee, Dillard, Thompson of Jefferson, Patrick, Wallace, Gresham, Richmond, Ballard, Harrison of Loudoun, Schooley, M'Intyre, Poindexter, Edmondson of Lunenburg, Banks, Haymond, Oldham, Browne of Mathews and Middlesex, Waggoner, Williams, Brown of Monongalia, Edmundson of Montgomery and Pulaski, Kelly, Perrow, Newton, Watts, Yerby, Edgington, Davis, M'Pherson, Tatum, Newman, Syme, Tunstall, Cackley, Fairfax, Daniel, Tyler, Sturm, Strother, Mayo, Cook, Harper, Dorman, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Tate, Goodwin, Holladay, Fitzhugh, Hargrave, Burdett, Gillespie, Horner, Castleman, Goodson and Chandler-87.
The said bill was then ordered to be engrossed and read a third time.
No. 118. An engrossed bill authorizing the governor to grant conditional pardons was read a third time, and on motion of Mr. Tunstall ordered to be laid upon the table.
No. 119. An engrossed bill to suspend on certain conditions the payment of interest on the loan to Emory and Henry college was read a third time, and the question being put upon its passage was determined in the negative. Ayes 41, noes 52.
On motion of Mr. HARVIE the vote was recorded as follows:
Ayes—Messrs. Hart, Layne, Powell, Sheffey, Scruggs, Burwell, Thompson of Botetourt, Mosby, Evans, Stillman, Carper, Carson, White, Leake, Calwell, Lee, Patrick, Richmond, Harrison of Loudoun, Haymond, Beirne, Edmundson of Montgomery and Pulaski, Newman, Tunstall, Anderson, Daniel, Tyler, Sturm, Mayo, Harper, Dorman, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Tate, Gillespie, Castleman and Goodson—41.
Noes-Messrs. Jones, (speaker,) Custis, Harvie, Johnson, Boak, Small, Bennett, Bambrick, Morris, Fox, Lacy, Card well, Slaughter, Thompson of Dinwiddie, Roane, Love, Smith, Jones of Gloucester, Walker, Hiett, Thompson of Hampshire, Dillard, Hunter, Thompson of Jefferson, Wallace, Robinson, Gresham, Schooley, M'Intyre, Poindexter, Edmondson of Lunenburg, Banks, Browne of Mathews and Middlesex, Waggoner, Brown of Monongalia, Kelly, Perrow, Watts, Yerby, Nelms, Edgington, Tatum, Syme, Cackley, Strother, Goodwin, Holladay, Fitzhugh, Freeman, Burdett, Horner and Chandler—52.
Resolved, That said bill be rejected.
A message was received from the senate by Mr. SPARK, who informed the house that the senate had adopted a resolution asking a free conference upon the disagreement of the two houses upon the amendments of the senate to the bill, entitled "an act to extend the jurisdiction of the commonwealth of Virginia over the county of Alexandria,” in which they request the concurrence of the house of delegates.
The said resolution was read as follows:
Resolved, That a free conference be asked by the senate with the house of delegates on their disagreement to the amendments of the senate on the bill to extend the jurisdiction of Virginia over the county of Alexandria.
And the question being put thereupon was determined in the affirmative.
Ordered, That the committee on the part of this house to conduct said conference consist of Messrs. Bocock, Harrison of Loudoun, Dorman, Tyler, Perrow, Goodson and Freeman.
Ordered, That Mr. Stovall inform the senate that this house agree to the said resolution and have appointed a committee on their part.
A message was received from the senate by Mr. Willey, who informed the house that the senate had passed a bill, entitled "an act to authorize the auditor to issue a warrant upon the treasurer in favour of Peter Moore's administrator.” (No. 73.)
The following engrossed bills were read a third time and passed, viz:
No. 120. An engrossed bill to increase the annuity to the Virginia institution for the education of the deaf and dumb and of the blind, and for other purposes, was read a third time and passed; thereupon on motion of Mr. BURWELL the rule of the house was suspended, and the vote passing the same was reconsidered, and the question again recurring upon the passage of the bill, and the same being under discussion,
On motion of Mr. Syme the house adjourned until to-morrow morning 10 o'clock.
WEDNESDAY, MARCH 10, 1847.
A communication from the senate by their clerk was read as follows:
IN SENATE, MARCH 9, 1847. The senate have passed the bills, entitled “An act incorporating the Richmond and Danville railroad company.” (No. 59.) “An act divorcing William R. and Virginia Myers.” (No. 71.)
“An act releasing the commonwealth's right to certain lots of land therein mentioned to Daniel D. Jones.” (No. 83.)
“An act to incorporate the Little Kanawha navigation company.” (No. 88.) "An act to amend the charter of the Meherrin navigation company.” (No. 90.) "An act changing the time of holding the May quarterly term of the county of Jefferson,” (No. 95;) and “ An act to incorporate the Richmond male orphan society.” (No. 106.) They have also passed the bills, entitled
"An act to amend for the counties of Loudoun, Fairfax and Kanawha, the act for the establishment of district free schools, passed February 26th, 1846.” (No. 82.)
“An act to annend the act of the 25th February 1846, entitled 'an act to establish district free schools in the counties of Lancaster, Westmoreland, Richmond, Prince William, Loudoun, Fairfax and certain other counties therein mentioned, and providing for the general meetings of the school commissioners of Norfolk county," (No. 92;) and
"An act authorizing the Masonic society of lodge No. 1, in the City of Norfolk, to sell and convey a certain lot owned by them in said city, and for other purposes,” (No. 99,) with amendments, in which they request the concurrence of the house of delegates.
And they have appointed a committee on their part to act with a committee from the house of delegates in free conference, on their disagreement to the amendments of the senate on the bill “to extend the jurisdiction of the commonwealth of Virginia over the county of Alexandria.”
The said amendments being read, were severally agreed to, and it was ordered that the clerk inform the senate thereof.
On motion of Mr. StovaLL, Ordered, That the committee of finance be discharged from the petition of the Norfolk total abstinence society, and that the same be laid upon the table.
Mr. SHEFFEY, according to order, presented the following bill :
No. 347. A bill to authorize the county court of Augusta to subscribe for stock in the Staunton and James river turnpike company.
On motion of Mr. STOVALL, Resolved by the general assembly of Virginia, That the executive be and he is hereby authorized to issue commissions to the officers of a company of cavalry in the 172d regiment in the county of Halifax, upon certificates of their election as such.
Ordered, That Mr. Stovall carry the same to the senate and request their concurrence.
On motion of Mr. CARROLL leave was granted to withdraw the petition of citizens of the county of Grayson, relative to the removal of the seat of justice of said county, together with the memorial of other citizens of said county, remonstrating against the same.
On motion of Mr. SymE leave was granted to withdraw the papers to support the claim of Capt. William M. Robinson of the Virginia regiment of volunteers.
No. 120. An engrossed bill to increase the annuity to the Virginia institution for the education of the deaf and dumb and of the blind, and for other purposes, which was under consideration when the house adjourned on yesterday, was taken up, and the question being upon its passage, a clause by way of ryder thereto was submitted by Mr. SHEFFEY, which was twice read and forth with engrossed and read a third time, and the question being put upon the passage of the bill and ryder, was determined in the affirmative. Ayes 71, noes 26.
On motion of Mr. Mavor the vote thereupon was recorded as follows:
Ayes-Messrs. Jones, (speaker,) Custis, Hart, Layne, Sheffey, Johnson, Byrd, Boak, Small, Thompson of Botetourt, Bennett, Bambrick, Morris, Mosby, Dickinson, Cardwell, Thompson of Dinwiddie, Love, Evans, Stillmau, Carper, Carson, Calwell, Stovall, Hiett, Thompson of Hampshire, Lee, Dillard, Thompson of Jefferson, Patrick, Wallace, Robinson, Gresham, Harrison of Loudoun, Schooley, M'Intyre, Haymond, Oldham, Browne of Mathews and Middlesex, Waggoner, Brown of Monongalia, Beirne, Breathed, Perrow, Newton, Happer, Yerby, Nelms, Edgington, M'Pherson, Syme, Cackley, Fairfax, Stone, Anderson, Tyler, Sturm, Cook, Harper, Dorman, Bare, M'Elhenney, Hill of Shenandoah, Stickley, Goodwin, Fitzhugh, Burdett, Gillespie, Horner, Castleman and Chandler_71.
Noes-Messrs. Finney, Harvie, Powell, M'Dearmon, Scruggs, Burwell, Fox, Slaughter, Roane, Smith, Street, Jones of Gloucester, Carroll, Major, Richmond, Edmondson of Lunenburg, Banks, Williams, Kelly, Tunstall, Daniel, Strother, Morison, Holladay, Hargrave and Freeman-26.
Ordered, That the clerk communicate the same to the senate and request their concurrence.
The resolution authorizing the payment to the captains of the second battalion of the Virginia regiment of volunteers, and others, for expenses incurred in the organization of their respective companies, with the amendments thereto proposed by the senate, was taken up on motion of Mr. Carson, and the said amendments being read, were severally agreed to.
Ordered, That the clerk inform the senate thereof.
A message was received from the senate by Mr. GallAHER, who informed the house that the senate had passed the bills, entitled "an act to incorporate the Little's falls railroad company,” (No. 112;) and “an act to authorize a lease of the Seaboard and Roanoke railroad to the trustees of Portsmouth and the city councils of Norfolk jointly, and to authorize a subsequent sale of the road to the same parties.” (No. 111.)
The following engrossed bills were read a third time and passed, viz:
No. 128. A bill authorizing the circuit superior courts of law and chancery to make allowances to keepers of courthouses.
No. 126. A bill concerning the Virginia military institute.
No. 131. A bill to amend an act, entitled “an act concerning chancery proceedings, and for other purposes," passed February 17th, 1823.
No. 153. A bill to incorporate the Potomac navigation company.
No. 117. A bill to facilitate the construction of an Electric telegraph line on the great northern and southern mail route.
Ordered, That the clerk communicate the said bills to the senate and request their concurrence.
upon the table.
No. 147. A bill to authorize the sergeant of the town of Petersburg to collect the public revenue therein, was read a second time, and on motion of Mr. Syme the farther consideration thereof was indefinitely postponed.
Resolved, That said bill be rejected.
No. 137. A bill authorizing an additional troop of cavalry in the county of Charles City within the limits of the 52d regiment.
No. 138. A bill to incorporate the Phænix mining and manufacturing company of the state of Virginia.
No. 139. A bill establishing an inspection of tobacco on the land of William H. Macfarland and Moncure Robinson, near the Richmond and Petersburg railroad depot in the City of Richmond.
No. 140. A bill to revive an act providing for the construction of a road from Guest's station to the Tennessee live.
No. 141. A bill to revive the act passed 1st February 1839, incorporating the Dunkard creek turnpike company.
No. 142. A bill amending the 12th section of the act relating to banks, passed April 4th, 1839.
No. 149. A bill releasing to Nancy Mumford alias Walden and others the commonwealth's right to certain real estate.
No. 150. A bill to incorporate the Beverley and Philippi turnpike company.
No. 151. A bill directing the Board of public works to pay Shadrach White's claim as a contractor on the Price's turnpike and Cumberland gap road.
No. 152. A bill providing for the payment of contractors on the road from the Ohio river to the Maryland line.
No. 159. A bill amending the act, entitled “an act forming a new county out of parts of the counties of Giles and Tazewell." This bill was amended on motions of Mr. WHITE and Mr. LAYNE.