for the protection of game, approved March 14, 1878, was, on motion of Mr CURLETT, taken up out of its order on the calendar.

Pending its consideration, the hour of 123 o'clock having arrived, No. 76. House bill to authorize the James river and Kanawha company to make sale and transfer of all its works, property and franchises to the Richmond and Alleghany railroad company, and to define the powers and duties of the board of public works in respect thereto, came up as a special order.

Pending the consideration of the bill, the hour of one o'clock arrived.

No. 37. House bill to amend and re-enact section fifteen of an act approved March 29, 1876, and section thirty of the same act as amended by the said act approved March 29, 1876, and act approved April 2, 1877, and section eighteen of an act approved March 29, 1875, as amended by an act approved April 2, 1877, prescribing the duties, powers, liabilities and compensation of certain county officers, came up as a special order.

On motion of Mr. PULLIAM, the bill was postponed until Thursday, 23d instant.

No. 76. House bill again came up.

Mr. MICHIE moved to amend the fifth clause of the first section by striking out the following words: "But on failure of the Richmond and Alleghany railroad company to complete said railroad within the time prescribed as aforesaid, the said bonds so to be deposited by it as security shall be forfeited, and the same, or so many thereof as may remain with the board of public works at the time of such forfeiture, shall be delivered by said board to the commonwealth of Virginia, to be by her received as compensation for her preferred stock in the James river and Kanawha company," and mserting in lieu thereof the following: "But on failure of the Richmond and Alleghany railroad company to complete the said railroad within the time prescribed as aforesaid, the said bonds so to be deposited by it as security shall be forfeited, and the same, or so many thereof as may remain with the board of public works at the time of such forfeiture, shall be delivered by the said board to the commonwealth of Virginia, to be by her applied, so far as may be necessary to the full and complete repair of all damages to the James river and Kanawha canal, arising from the proposed construction of the said Richmond and Alleghany railroad, and the balance, if any, to be covered into the treasury of the state." The question being on agreeing to the amendment, was put and decided in the negative-yeas 43; nays 58.

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

YEAS-Messrs. Bland, Burnham, John R. Carter, Peter J. Carter, Chase, Crank, Dance, Davidson, Dickerson, Dickenson, Dyer, Edmunds, Evans, Finney, Fowler, Fry, Goode, Graves, Grigsby, Hall, Hamilton, Reuben N. Harrison, Henkel, R. D. James, Waddy T. James, Kelly, McCabe, McMullan, Michie, Moorman, Norton, Sandidge, Shelburne, E. H. Smith, J. Howard Smith, Spessard, Stevens, Sykes, Joseph Walker, Watson, Smith J. R. White, Witmer, and Witten-43.

NAYS-Messrs. Speaker, Adams, Anderson, Ashton, Bernard, Bocock, Bohannan, Burger, Coleman, Cox, Crutchfield, Davis, Echols, Edwards, Ficklin, Frazier, Fulton, Gray, Green, Hanger, H. H. Harrison, Harvie, Henry, Henson, Hunter, Johnson, Jordan, Keyser, Kyle, Lacy, Lady, Lovell, Luck, McConnell, McCraw, McDaniel, Moffett, Moncure, Popham, Powell, Pulliam, Ragland, Reese, Shannon, Shriver, Southward, William B. Taliaferro, Andrew J. Taylor, William Taylor, VanLear, George Walker, Wallace, Walsh, Waring, Thomas M. White, Wilkinson, Wingfield, and Wright-58.

Mr. BERNARD moved to strike out in the fifth sub-division of the first section the following words: "to be by her received as compensation for her preferred stock in the James river and Kanawha company."

Pending its consideration,

On motion of Mr. ANDERSON, the bill was postponed until ten o'clock to-morrow,, and amendments proposed and to be proposed were ordered to be printed.

No. 87. House engrossed bill to amend and re-enact section eleven of an act entitled an act prescribing the duties, powers, liabilities and compensation of certain county officers, providing for the collection of taxes and for the repeal of chapter 37 and 46 of Code of 1873, with reference to the receipt of county warrants for county levy, was, on motion of Mr. MCMULLAN, taken up out of its order on the calendar. On motion of Mr. MCMULLAN, the bill was ordered to be printed. On motion of Mr. POPHAM, the House adjourned until to-morrow at 12 o'clock M.

WEDNESDAY, JANUARY 22, 1879.

The Journal was read by the clerk.

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

In Senate, January 21, 1879.

The Senate have passed, with amendments, House bill entitled an act to incorporate the Bangens hydraulic mining and manufacturing company, No. 43; in which amendments they respectfully request the concurrence of the House of Delegates.

No. 43. House bill, with Senate amendments, was referred to the committee on agriculture and mining.

No. 46. House bill to amend and re-enact section 53 of chapter 21 of the criminal code in reference to the organization, government and discipline of the penitentiary, approved March 14, 1878, was reported back from the committee on asylums and prisons, with amend

ments.

No. 31. House bill to secure to tax-payers in cities the right of public education for their children, was reported back from the committee

on schools and colleges with amendments to the substitute, and with the recommendation that the bill do not pass.

The following House bills, reported from the committee on finance, were read a first time:

No. 142. House bill to provide for the payment of certain fees to James G. Field, M. Boswell and John M. Forbes.

No. 143. House bill for the relief of Isaac J. Parks and Jessee L. Parks, as sureties of John Parks of Grayson county.

The SPEAKER laid before the House a communication from the second auditor in response to a resolution of the House for a "concise and explicit statement of the whole indebtedness of the state."

On motion of Mr. STEVENS, the report was laid on the table and ordered to be printed.

Mr. SHELBURNE offered the following resolution:

Resolved, That the superintendent of public printing be instructed to have printed, as soon as practicable, for the use and information of the House, the several acts of assembly conferring rights, privileges and franchises on the Richmond and Alleghany railroad company, to wit: the act of March 30, 1860; of February 15, 1867; of July 11, 1870; of March 27, 1873; and of February 28, 1878.

The question being on reference, was put and decided in the negative.

The resolution was agreed to.

Mr. MCMULLAN, under a suspension of the rules, offered the following resolution:

Resolved, That the auditor of public accounts be requested to furnish this House a summary of all the taxes, state and county, assessed against each county, city and town of this commonwealth during the last fiscal year; stating in separate parallel columns-1st. The total state tax as found in schedules A, B, C and D of his last report; 2d. The state tax on real estate; 3d. The total license tax, including the liquor license and Moffett register tax; 4th. The aggregate of all county levies, as found in his last report (Document XIV); th. The grand total of all taxes, state and county, so assessed for said years; and 6th. The amount of said state taxes remaining unpaid in each county, city and town, the 1st day of December, 1878.

The resolution was agreed to.

Mr. GRAVES moved to reconsider the vote agreeing to the resolution; which motion was agreed to.

Mr. GRAVES moved to amend the resolution of Mr. MCMULLAN by adding the following:

"And 7th. The aggregate amount of commissions allowed each treasurer on state taxes for the last fiscal year, and also the amount of commissions received by each treasurer on account of county levies, as far as it is practicable."

The amendment was agreed to.

The resolution as amended was agreed to.

Mr. WILKINSON offered the following resolution:

Resolved, That the committee on finance be instructed to investi

gate all matters connected with the collection of moneys of the state> from the effects turned over by C. L. Powell, late sheriff of Pittsylvania county; and also of all moneys collected by the agents of the state. of Virginia from the securities of the said C. L. Powell, and what disposition has been made with the same; and that said committee have the power to summons and compel the attendance of such witnesses as they may deem necessary to appear before them, and cause to be laid before them such papers as they may deem necessary for the understanding of the subject-matter before them; and that after full and careful investigation, they report to this House the results of said investigation, and such recommendations as they may deem necessary for the protection of the interest of the state and her citizens.

The question being on reference, was put and decided in the negative.

The resolution was agreed to.

Mr. FOWLER offered the following resolution:

Resolved, That a special committee, to consist of nine members of the House, be appointed to revise and embody in one act the fees of the clerks of circuit and county courts, sheriffs, constables, commissioners of the revenue, coroners and justices of the peace, with a view to uniformity and convenience, as well as the reasonable and proper amounts of said fees.

The question being on reference, was put and decided in the negative.

The question being on agreeing to the resolution,

Mr. LACY moved to amend by inserting before the word "circuit," the words "the court of appeals;" which was agreed to.

Mr. DICKENSON of Russell, moved to amend by inserting after the word "coroner," the words "commissioners in chancery;" which was agreed to.

The resolution as amended was agreed to-two-thirds of the members voting therefor.

Leave of absence was granted Mr. FRY for three days.

The following report was presented:

The committee on enrolled bills have the honor to report that the following bills have been approved by the governor January 22, 1879: An act to amend and re-enact section 5 of the act to incorporate the Medical college of Virginia, passed February 25, 1854.

An act to amend and re-enact section 19, chapter 18, of the act approved March 14, 1878, revising the criminal laws of this state.

An act to amend and re-enact sections 1 and 2 of an act entitled an act to provide for the working of the roads in the counties of Scott, Wise and Buchanan, approved March 5, 1877, so as to include Grayson, Carroll, Wythe and Tazewell counties.

An act authorizing the committee to which was referred Senate bill 29, to permit counsel for claimants to said land occupied by the Central lunatic asylum to appear before them without paying the tax required by law of counsel appearing before legislative committees.

An act for the relief of J. B. Hylton of Wise county.

An act authorizing the rent of the court-house of Prince Edward county for lectures and exhibitions, and for other purposes.

An act to incorporate the Dan Valley and Yadkin river narrowgauge railroad company.

An act to provide an enclosure for the soldiers' section in Hollywood cemetery.

The following were presented and referred under rule 37:

By Mr. TAYLOR of Henrico: A bill to amend and re-enact section 11, chapter 13 of the Code of 1873, in relation to the salary of county judge of Norfolk and Henrico. Referred to committee for courts of justice.

By Mr. JORDAN:

Resolved, That the committee for courts of justice be requested to enquire into and report by bill or otherwise upon the right of the state to allow claims presented by her citizens to be paid out of the treasury of the state for provisions furnished during the war for the support of convicts in the state penitentiary.

By Mr. CHASE: A bill to amend and re-enact section 2 of an act entitled an act to incorporate the town of Gladeville, in the county of Wise, approved February 24th, 1874, with reference to the boundary lines of the said corporation. Referred to the committee on counties, cities and towns.

By Mr. ECHOLS :

Resolved, That the committee on counties, cities and towns enquire into and report upon the expediency of so amending the 22d section of the act to provide for working and keeping in order the roads of the commonwealth, approved March 20th, 1875, as to have the tickets for fines for failing to work on the public roads placed in the hands of the treasurers of the counties for collection.

By Mr. SANDIDGE: A bill to amend and re-enact section 9, chapter 180 of the Code of 1873, in relation to fees of commissioners in chancery and to repeal section 5 of same chapter. Referred to committee for courts of justice.

By Mr. DANCE: A bill for working the roads in the counties of Powhatan, Cumberland and Goochland. Referred to committee on counties, cities and towns.

By Mr. PULLIAM: A bill for the removal of the disabilities of James Barbour, of Culperper, and others. Referred to the committee for courts of justice.

By Mr. HENRY: A bill to amend and re-enact the first and second sections of an act approved March 21st, 1877, entitled an act to secure the payment of wages or salaries to certain employees of railway, canal, steamboat, and other transportation companies. Referred to the committee on roads and internal navigation.

By Mr. TAYLOR of Flavanna: A bill to incorporate the town of Columbia, in Fluvanna county. Referred to the committee on counties, cities and towns.