Be it enacted by the general assembly, That the governor and members of the council of state be and they are hereby constituted a board, with full power and authority to appoint as field officers of said regiment one colonel, one lieutenant colonel, and one major. The governor shall be er officio the president of said board, and ex in all cases of a tie vote shall decide the appointment; and in the event of any vacancy occurring among the field officers of said regiment after the same shall have been fully mustered into the service of the United States, such vacancy shall be filled as prescribed in the 6th, 7th and 8th sections of the act passed the 8th of March 1834, entitled "an act providing for the better organization of the militia.” SAM. WATTS, Ch'm Committee H. D. A message was received from the senate by Mr. WOOLFOLK, who informed the house that the senate had adopted the report of the committee of conference on the bill, entitled "an act providing for the appointment and commissioning of the field and company officers of the Virginia regiment of volunteers called into the service of the United States ;" and had adopted an amendment to said bill in conformity to the recommendation of the said committee, in which amendment they requested the concurrence of the house of delegates. The said amendment being read, was, on the question put thereupon, agreed to by the house, and it was ordered that the clerk inform the senate thereof. A further message was received from the senate by Mr. WILLEY, who informed the house that the senate had adopted a resolution for a recess of that body, in which they requested the concurrence of the house of delegates. The said resolution was read as follows: Resolved, That when the senate adjourns to-day, it will, with the consent of the house of delegates, adjourn until Wednesday, the sixth of January next. And the question being put thereupon was determined in the affirmative. Ordered, That Mr. STOVALL inform the senate thereof. On motion of Mr. HARVIE, the house adjourned until Monday 12 o'clock. MONDAY, DECEMBER 21, 1846. A communication was received from the senate by their clerk, which was read as follows: IN SENATE, DECEMBER 19, 1846. The senate have passed the bill, entitled "An act authorizing the Independent order of Odd Fellows of Norfolk City to hold a limited amount of property," (No. 6,) 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. Scort, the committee for courts of justice was discharged from the consideration of the petition of A. Waddel and others, and the said petition was ordered to be referred to the committee on lunatic asylums. Mr. SCOTT, from the committee for courts of justice, presented the following bill: No. 35. A bill to facilitate the transfer of stock in joint stock companies of this state. Mr. BARE, from the committee of propositions and grievances, presented the following bill: No. 36. A bill authorizing a separate election at Scottsville, in the county of Albemarle. Mr. FLOYD, from the committee of roads and internal navigation, presented the following bills: No. 37. A bill making a further appropriation to the Southwestern turnpike road. No. 38. A bill directing a survey of a M'Adamized road from Howardsville, in the county of Nelson, to Staunton, in the county of Augusta; and No. 39. A bill subscribing on the part of the state for two fifths of the capital stock of the Giles, Fayette and Kanawha turnpike company. Mr. HOLLADAY, from the committee of claims, presented a report rejecting the petition of David Allbright ; and the following bill: No. 40. A bill concerning Stephen Coleman, sheriff of Pittsylvania county. Mr. STOVALL presented a document to sustain the petition of Stephen Kent, which was ordered to be referred to the commitee of claims. Mr. DORMAN presented a petition of Joseph J. Allbright, Henry Maxwell and Samuel Sherrerd, manufacturers of iron in the county of Botetourt, asking authority to construct a railroad from their works to Buchanan or some other point on James river. Mr. EDGINGTON presented a memorial of citizens of the City of Wheeling, remonstrating against the passage of any act authorizing the extension of the Baltimore and Ohio railroad to the Ohio river at any point south of that city by the said company, and against the incorporation of any other company for that or any similar purpose. Ordered, That the said petitions be referred to the committee of roads and internal navigation. On motion of Mr. EDGINGTON, Ordered, That the said last memorial be printed for the use of the general assembly. [Doc. No. 13.] On motion of Mr. STEPHENSON, Ordered, That the petitions of citizens of the counties of Wood and of Harrison in favour of extending said road to some lower point than the City of Wheeling, be also printed. [Doc. No. 13.] Mr. STURM presented a memorial of citizens of the county of Barbour, remonstrating against the formation of a new county out of part of said county and of the adjoining counties, with the seat of justice located either at Buchannontown or at Evansville. Mr. SCOTT a petition of citizens of the counties of Fauquier and Loudoun, asking for the formation of a new county out of parts of said counties. Mr. BENNETT a petition of citizens of the county of Lewis, for an alteration in the boundary lines between the counties of Lewis and Gilmer. Ordered, That said petitions be referred to the committee of propositions and grievances. On motion of Mr. BENNETT, leave was granted to withdraw three polls taken in the county of Lewis for and against the formation of a new county out of parts of the counties of Lewis and Kanawha; which he again presented and the same were ordered to be again referred to the same committee. On motion of Mr. BENNETT, leave was granted to withdraw the petition of citizens of the county of Gilmer, asking for a change in the boundary line between the said county and the county of Lewis, which was presented at the last session of the general assembly; thereupon, Mr. BENNETT again presented the same and it was ordered to be referred to the same committee. On motion of Mr. DUNCAN, leave was granted to withdraw the petitions presented at the last session of the general assembly, from citizens of the counties of Lewis, Barbour and Randolph, asking for the formation of a new county out of parts of said counties; thereupon he again presented the same, and they were ordered to be referred to the same committee. Mr. STURM presented a petition of citizens of the county of Barbour, for the incorporation of a company to construct a railroad from some point on the Potomac river to some point on the Ohio river, not further south than the mouth of the Little Kanawha. Mr. STEPHENSON a petition of citizens of the county of Ritchie, for an appropriation to complete the bridges on the Staunton and Parkersburg road. Mr. BENNETT a petition of citizens of the county of Lewis, for the incorporation of a company to construct a railroad from some point on the Potomac to some point on the Ohio river, not further south than the mouth of the Little Kanawha river. Ordered, That said petitions be referred to the committee of roads and internal navigation. Mr. KELLY presented a petition of David Rawls, praying that fifteen dollars paid by H. L. Eppes, sheriff of the county of Nansemond, may be refunded to him, which was ordered to be referred to the committee of claims. No. 12. An engrossed bill to incorporate the directors of the Scientific and Eclectic medical institute, was on motion of Mr. MAYO, ordered to be laid upon the table. No. 20. An engrossed bill divorcing Helen A. W. Hamilton from her husband Robert S. Hamilton, was on motion of Mr. HARVIE, ordered to be laid upon the table. No. 16. A bill allowing compensation to pollkeepers, was read a second time, amended on motion of Mr. YERBY, and as amended, ordered to be engrossed and read a third time. The following bills were also read a second time and ordered to be engrossed and read a third time: No. 17. A bill to amend an act concerning the administration of real assets. No. 18. A bill concerning owners or tenants of mills. No. 31. A bill incorporating the Odd Fellows male and female institute of Petersburg; and No. 32. A bill to authorize the appointment of an additional commissioner of the revenue for the county of Marion. The following engrossed bills were read a third time and passed, viz: No. 13. A bill authorizing two separate elections in the county of Wetzel. No. 14. A bill changing the place of holding a separate election in each of the counties of Botetourt and Southampton. No. 15. A bill to incorporate the Manakin iron company in the county of Goochland. No. 19. A bill to incorporate the Wheeling cotton mills company. No. 10. A bill concerning emancipated slaves. No. 22. A bill authorizing a separate election at Knottsville in the county of Taylor. No. 23. A bill to amend the act, entitled "an act authorizing the common council of the borough of Norfolk to fill up the Back creek above Bank street bridge in said borough, to establish a public square, and for other purposes." No. 25. A bill authorizing the refunding of a sum of money to Wylie P. Woods, deputy of Jesse Hudson, sheriff of Kanawha county; and No. 29. A bill changing the company of Rifle Greys in the county of King William, to a company of Light Infantry, and authorizing an exchange of arms. Ordered, That the clerk communicate the said bills to the senate and request their concurrence. TUESDAY, DECEMBER 22, 1846. The SPEAKER laid before the house a communication from the second auditor, transmitting a statement of the dividends on the stock of the state in the Lynchburg and Salem turnpike company since the year 1825; which, on motion of Mr. YERBY, was laid upon the table and ordered to be printed. [Doc. No. 14.] On motion of Mr. STEPHENSON, Ordered, That the copy of the proceedings of the Weston railroad convention, presented at the present session of the general assembly, be printed. [Doc. No. 13.] On motion of Mr. WILLIAMS, Resolved, That the committee of finance be instructed to enquire into the propriety of dispensing with the tax on writs and other law process. On motion of Mr. BREATHED, Resolved, That the committee of propositions and grievances be instructed to enquire into the expediency of authorizing by law purchasers of delinquent lands further time to obtain deeds. On motion of Mr. WATTS, the committee on the militia laws were discharged from the consideration of the petition of citizens of the county of Marshall, for the division of the 134th regiment of Virginia militia and the erection of a new regiment within the limits of said county, and the same was ordered to be laid upon the table. Mr. DANIEL, from the committee of privileges and elections, presented the following bill: No. 41. A bill to change the place of holding a separate election in the county of New Kent. Mr. FLOYD, from the committee of roads and internal navigation, presented the following bill: No. 42. A bill providing for the extension of the Louisa railroad to the eastern base of the Blue Ridge. The said bills were subsequently read the first, and ordered to be read a second time. Mr. GAINES, from the committee appointed to examine the clerk's office, presented a report, which was read as follows: The committee appointed to examine the clerk's office have, in obedience to order, performed that duty, and report: That the clerk has complied with the law requiring schedules of petitions and an index to the journal. That we found the books and papers of the office in very good order and systematically arranged. The enrolled bills are carefully preserved in tin cases and were found to be in an entire state of preservation. The clerk's office appears to be well adapted to preserve the books and papers kept therein. All which is respectfully submitted. On motion of Mr. YERBY, the same was ordered to be laid upon the table. On motion of Mr. DORMAN, the report of the committee for courts of justice on the memorial of the members of the bar practising in the court of appeals at Lewisburg, upon the subject of removing said court to the White Sulphur springs in the county of Greenbrier, was taken up, and on motion of Mr. SCOTT, ordered to be recommitted to the said committee. On motion of Mr. STURM, leave was granted to withdraw the petition of citizens of the county of Barbour, remonstrating against the formation of a new county with the county seat located at Buchannontown, which was presented at the last session of the general assembly. On motion of Mr. OLDHAM, leave was granted to withdraw the petition of citizens of the county of Marshall, for the formation of a new regiment, presented at the same session. Mr. Love presented a petition of citizens of the county of Fairfax, praying that a corner of said county may be annexed to the county of Alexandria. Also two remonstrances of other citizens of said county, against the division of the same, ing a part thereof to Alexandria. and against annex And a petition of certain justices of the peace of said county of Fairfax and other citizens of that and the county of Alexandria, in favour of annexing a part of the county of Fairfax to the county of Alexandria, and forming a new county of the same, and praying that the justices residing in the part of the county of Fairfax proposed to be annexed may be retained in commission with their seniority maintained according to the dates of their present commissions. Mr. BENNETT a petition of citizens of the county of Barbour, for the establishment of a precinct election at the Union meetinghouse in said county. Mr. CALWELL a petition of the board of trustees of the town of Lewisburg, asking for an enlargement of the limits of said town, and for the power of taxing the inhabitants thereof. Ordered, That the said petitions be referred to the committee of propositions and grievances. Mr. LACY presented a petition of citizens and owners of property of the county of New Kent, for the passage of an act to incorporate a company to construct a railroad from the City of Richmond to Eltham in said county, near the head of York river, without cost to the state. Mr. HAYMOND a petition of Ezekiel Clayton for an appropriation to pay him the amount of a contract made by the commissioners of the Maryland and Ohio road with him for executing part of said road. Also a memorial of citizens of the county of Marion, remonstrating against granting the right of way to the Baltimore and Ohio railroad company, and against the incorporation of any other company to make a railroad to connect with said company's road in its extension to the Ohio river. Ordered, That the said petitions be referred to the committee of roads and internal navigation. Mr. SYME presented a petition of Philip Kaufman, asking that provision may be made by the state for the purchase of a work on civil law prepared by him. Mr. MAYO a petition of William R. Myers asking to be divorced from his wife Virginia. Ordered, That the said petitions be referred to the committee for courts of justice. Mr. BURDETT presented a petition of citizens of Taylor county for the incorporation of a company to construct a railroad from some point on the Potomac to a point on the Ohio, not below the mouth of the Little Kanawha river, which was ordered to be referred to the committee of roads and internal navigation. Mr. LANCASTER presented a petition of the school commissioners of the county of Henrico for the years 1844 and '45, asking that the sum of $128 89 may be refunded to the treasurer of said commissioners, expended by them above the quota of the county for that year; which on his motion, was ordered to be referred to the committee of claims. On motion of Mr. BALLARD, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of so amending the law that one justice of the peace may be sufficient to take the acknowledgment of deeds. A motion was made by Mr. HILL of Fayette and Nicholas, that the house adopt the following resolution: Resolved, That a committee of five be appointed, whose duty it shall be to repair to Staunton to inspect, examine and report to this house the condition of the deaf and dumb and lunatic asylums. And the question being put thereupon, was determined in the negative. A motion was made by Mr. DANIEL that the house adopt the following resolution: Resolved, That when this house adjourns to-morrow it will adjourn to meet again on Monday next. A motion was made by Mr. PERROW to amend the same by striking out the word "to-morrow" and inserting in lieu thereof the words "Thursday next," and it was determined in the negative. The question was then put upon adopting the resolution, and it was determined in the affirmative. noes 40. Ayes 66, On motion of Mr. Fox, the vote was recorded as follows: AYES-Messrs. Goode, (speaker,) Hart, Layne, Sheffey, Johnson, Scruggs, Boak, Thompson of Botetourt, Morris, Mosby, Lacy, Jones of Chesterfield, Slaughter, Irving, Roane, Love, Scott, Smith, Hill of Fayette and Nicholas, Carper, Wall, Carson, Jones of Gloucester, Leake, Calwell, Walker, Major, Stovall, Darracott, Lee, Duncan, Godwin, Howard, Hunter, Patrick, Wallace, Gaines, Robinson, Gresham, Harrison of Loudoun, Schooley, M'Intyre, Poindexter, Edmondson of Lunenburg, Williams, Edmundson of Montgomery and Pulaski, Kelly, Watts, Happer, Yerby, Edgington, Newman, Syme, Lanier, Cocke, Stone, Daniel, Tyler, Mayo, Harper, Goodwin, Holladay, Fitzhugh, Hargrave, Freeman and Floyd-66. NOES-Messrs. Powell, Byrd, Bennett, Bambrick, Bocock, Fox, Dickinson, Cardwell, Evans, Stillman, Street, White, Carroll, Thompson of Hampshire, Dillard, Richmond, Ballard, Waggoner, Brown of Monongalia, Perrow, Tatum, Cackley, Fairfax, Sturm, Strother, Cook, Dorman, Bare, Brown of Rockingham, M'Elhenney, Morison, Hill of Shenandoah, Stickley, Tate, Burdett, Gillespie, Horner, Castleman, Goodson and Stephenson-40. No. 11. An engrossed bill concerning divorces, was on motion of Mr. SCOTT, ordered to be laid upon the table. No. 17. An engrossed bill to amend an act concerning the administration of real assets, was on motion of Mr. HORNER, ordered to be laid upon the table. No. 18. An engrossed bill concerning owners or tenants of mills was read a third time, and the question being put upon its passage was determined in the negative. Resolved, That said bill be rejected. The following engrossed bills were read a third time and passed: No. 16. A bill allowing compensation to pollkeepers. No. 31. A bill incorporating the Odd Fellows male and female institute of Petersburg; and No. 32. A bill to authorize the appointment of an additional commissioner of the revenue for the county of Marion. Ordered, That the clerk communicate the said bills to the senate and request their concurrence. No. 21. A bill to amend an act, entitled "an act authorizing the transfer of money or property held in trust within this commonwealth, by such trustees as shall be appointed by the courts of other states to receive the same ;" and No. 26. A bill authorizing a loan by the Winchester and Potomac railroad company and for other purposes, were severally read a second time, and ordered to be engrossed and read a third time. A report of the committee of claims was read as follows: The committee of claims have had under consideration, according to order, the petition of David Allbright, praying for the remission of a fine imposed on him by the circuit superior court of law and chancery for the county of Preston, and have come to the following resolution thereupon: Resolved, That the prayer of the petition be rejected. On motion of Mr. FAIRFAX the said resolution was ordered to be laid upon the table. 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 on motion of Mr. SHEFFEY, ordered to be laid upon the table and be the order of the day for the sixteenth of January next. No. 28. A bill to provide for the completion of the James river and Kanawha canal from tidewater at Richmond to the town of Buchanan and for other purposes, was on motion of Mr. YERBY, ordered to be laid upon the table. No. 33. A bill concerning Daniel C. Burns, a deputy sheriff of Berkeley county; and No. 34. A bill refunding to James Cook, deputy for Charles Rector, sheriff of Wood county, a certain sum of money, were severally read a second time, and ordered to be engrossed and read a third time. The following bills were read the first and ordered to be read a second time. No. 35. A bill to facilitate the transfer of stock in joint stock companies of this state. No. 36. A bill authorizing a separate election at Scottsville in the county of Albemarle. No. 37. A bill making a further appropriation to the Southwestern turnpike road. No. 38. A bill directing a survey of a M'Adamized road from Howardsville in the county of Albemarle, to Staunton in the county of Augusta. No. 39. A bill subscribing on the part of the state for two fifths of the capital stock of the Giles, Fayette and Kanawha turnpike company; and No. 40. A bill concerning Stephen Coleman, sheriff of Pittsylvania county. On motion of Mr. CARDWELL, the house adjourned until to-morrow 12 o'clock. WEDNESDAY, DECEMBER 23, 1846. Mr. Fox, from the committee of propositions and grievances, presented the following bill: No. 43. A bill authorizing the Hamilton lodge No. 30, of the Independent order of Odd Fellows in the City of Williamsburg, to hold a limited amount of property, and regulating their tenure. Mr. FLOYD, from the committee of roads and internal navigation, presented the following bills: No. 44. A bill to authorize the Lynchburg and Salem turnpike company to M'Adamize their road and for other purposes; and No. 45. A bill providing for the construction of a turnpike road from the Northwestern road to New Martinsville in the county of Wetzel. Mr. BURWELL, from the committee of schools and colleges, presented the following bill: No. 46. A bill making an annual appropriation from the treasury of $50,000 to the primary schools. The said several bills were subsequently read the first and ordered to be read a second time. Mr. JONES of Chesterfield, from the committee of finance, presented a report which was read and agreed to as follows: The committee of finance have, according to order, had under consideration the resolution instructing them "to enquire into the expediency of allowing the sheriffs of this commonwealth to make a biennial instead of an annual return of lands delinquent for the non-payment of taxes," and have come to the following resolution thereupon: Resolved, That it is inexpedient to legislate further upon this subject. On motion of Mr. BENNETT, Resolved, That the committee of roads and internal navigation be instructed to enquire into the expediency of passing an act for the incorporation of a company for the construction of a turnpike road from Weston in the county of Lewis to Clarksburg in the county of Harrison. On motion of Mr. BAMBRICK, Resolved, That the committee of roads and internal navigation be directed to enquire into the propriety of amending the road laws of the county of Brooke. On motion of Mr. BALLARD, Resolved, That the committee for courts of justice be requested to enquire into the expediency of extending the jurisdiction of justices of the peace in this commonwealth. On motion of Mr. MOSBY, Resolved, That the committee for courts of justice be instructed to enquire into the expediency of passing a law authorizing the county courts and circuit superior courts of law and chancery for the county of Campbell, to be held for a limited period in the clerk's office of said county. |