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Waddy T. James, Keyser, Kyle, Lee, Lovell, McCaull, McCraw, McDaniel, Michie, Nelson, Pitts, Popham, Powell, Ragland, Robinson, Sandidge, Shannon, Shelburne, Shriver, Spessard, Sykes, William B. Taliaferro, Trout, Van Lear, George Walker, Wallace, Walsh, Waring, Watson, Whitacre, and Young-55.

Leave of absence was granted Messrs. MOORMAN, MCCABE, SMITH of Albemarle, CRANK (from Monday), EVANS and DANCE (from Monday), two days each; HALL and VAN LEAR, three days each, and SMITH of Dinwiddie, five days.

The following were presented and referred under rule 37:

By Mr. MUSHBACK: Petition of citizens of Alexandria in relation to a fence law for a portion of Alexandria county. Referred to committee for counties, cities and towns.

By Mr. JOHNSTON of Giles: Petition of John W. Smith and others, of Newport, Giles county, asking exemption of property in said town, and of citizens of said town, from payment of county levies. Referred to committee on counties, cities and towns.

By Mr. HENKEL: A bill to render more efficient and economical the inspection and analysis of fertilizers, and to amend the laws in relation to the inspection, analysis and sale of the same. Referred to committee on agriculture and mining.

By Mr. HUNTER: A bill to prevent and prohibit hog-pens, and the keeping of hogs therein, within a half a mile of the corporation limits of the city of Alexandria. Referred to committee on counties, cities and towns.

By Mr. TALIAFERRO of Gloucester: A bill to amend and re-enact section 6 of chapter 100 of the Code, as amended by an act approved February 20th, 1878, in relation to unlawful fishing. Referred to committee on the Chesapeake and its tributaries.

By Mr. ROBINSON: A bill to amend and re-enact the third section of an act entitled an act to incorporate the Portsmouth insurance company, passed February 17th, 1852. Referred to the committee on banks, currency and commerce.

The morning hour having expired, and the hour of 12 o'clock P. M. having arrived, special order,

Report of the special committee of the Senate and the committee on federal relations of the House of Delegates of Virginia, as a joint committee of the general assembly on usurpation of power by the federal judiciary in Virginia (from the Senate) came up.

The question being on agreeing to the substitute offered by Mr. CARTER of Northampton; pending which,

The hour of 1 o'clock P. M. having arrived, special order,

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.

The question being on agreeing to the amendment offered by Mr. JOHNSTON of Giles to the substitute offered by Mr. Bocock,

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

MONDAY, FEBRUARY 3, 1879.

The House met at 11 o'clock A. M.

Mr. HUNTER moved that the chair be vacated until 12 o'clock M.; which was rejected.

The Journal was read by the clerk.

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

In Senate, February 1, 1879.

The Senate have passed House bills entitled an act to amend the charter of the town of Suffolk, No. 138; and an act for the relief of Isaac J. Parks and Jesse L. Parks, as sureties of John Parks, of Grayson county, No. 143.

And have passed bills entitled an act to incorporate the Virginia marble and mining company, No. 89; an act to incorporate the Portsmouth water company, No. 115; and an act providing for the rebinding books of record, No. 110.

In which bills they respectfully request the concurrence of the House of Delegates.

Nos. 98 and 115. Senate bills were read twice and referred to the committee on propositions and grievances.

No. 110. Senate bill was read twice and referred to the committee for courts of justice.

No. 210. House bill to amend and re-enact section six of chapter 100 of the Code as amended by an act approved February 20, 1878, in relation to unlawful fishing, reported from the committee on Chesapeake and its tributaries, was read a first time.

The following report was presented:

The committee on enrolled bills have the honor to report that the following bills and joint resolution have been approved by the gov-.

ernor :

An act to incorporate the Virginia towing company.

An act to authorize the board of supervisors of Chesterfield countyto assist the Manchester free bridge commissioners in keeping the free bridge in repair.

An act to incorporate the Virginia and Statesville narrow-gauge railroad company.

Joint resolution declaring the whole system of tobacco taxation un

just and oppressive, and endorsing the efforts of our senators and representatives in congress to procure the reduction of the tax thereon and invoking them to insist on a speedy disposition of the question.

An act to amend and re-enact section four of chapter 115 of the Code of 1873, as amended by an act approved March 31, 1875.

An act to extend the time for the repeal of the present fence law in the magisterial district of Rowanty, in the county of Dinwiddie.

An act to enable and authorize the common council of Danville to levy a special tax for the purpose of paying the floating debt of said city and for public improvements.

An act to provide for the protection of fish in the Appomattox river.

An act to authorize the sale of certain church property belonging to the vestrymen of St. Andrew's Protestant Episcopal church, Beckford parish, county of Shenandoah, to make a valid title to the same, and to re-invest the proceeds of the sale.

An act to incorporate the Bangen's hydraulic mining and manufacturing company.

An act to incorporate the Good Templar relief association of Loudoun county.

An act to amend and re-enact an act entitled an act to amend and re-enact an act entitled an act for working the roads of Loudoun county, passed 1856, and to repeal certain acts amendatory thereof, approved February 2, 1875.

An act to amend and re-enact sections 14 and 15 of an act entitled an act to provide for working and keeping in order the roads of the commonwealth, approved March 20, 1875.

An act to amend and re-enact section 7, chapter 147, Code of 1873, in relation to warrants for small claims.

An act to empower the county court of Essex county, and the county court of Richmond county to grant to any person, or persons, the right to establish a ferry across the Rappahannock river at Tappahannock.

An act to amend and re-enact an act approved March 2, 1876, prescribing the times for holding the terms of the tenth judicial circuit. An act to amend and re-enact section 2 of an act approved March 15, 1875, entitled an act to amend and re-enact the charter of the Bank of Manchester.

Tho following were presented and referred under rule 37:

By Mr. SANDIDGE: Petition of certain citizens of Amherst against the charter of the town of Madison. Referred to the committee on counties, cities and towns.

By Mr. AKERS: A bill for the relief of Alexander Bryant and J. T. Bryant, of Patrick county. Referred to the committee on finance. By Mr. SHELBURNE: A bill to incorporate the town of Bangs, in Montgomery county. Referred to the committee on counties, cities and towns.

By Mr. COGHILL: Petition of citizens of Amherst county, asking for

act of incorporation for town of Madison. Referred to the committee on counties, cities and towns.

By Mr. FINNEY: A bill prohibiting non-residents shooting, hunting, trapping, or netting partridges in the counties of Accomac and Northampton. Referred to the special committee on game.

By Mr. DANCE: A bill to authorize the corporation of Farmville to borrow money, &c. Referred to the committee for courts of justice. By Mr. WITMER: Petition of the citizens of the town of Burkeville asking that the charter of said town be so amended as to make the of fices of mayor, town sergeant, recorder, treasurer and town councilmen elective by the people. Referred to the committee on counties, cities and towns.

By Mr. COGHILL: A bill to incorporate the town of Madison, in the county of Amherst. Referred to the committee on counties, cities and

towns.

By Mr. COGHILL:

Resolved, That the committee for courts of justice enquire into the expediency of so amending the law in regard to recordation of contracts for sale of land as to apply the same privilege to verbal contracts for such sales as to destroy the distinction in reference to the validity of such verbal contracts.

By Mr. NELSON:

Resolved, That the committee for courts of justice enquire into the expediency and legality of the enactment of laws for keeping the streets and alleys in the town of Newport, in the county of Prince William.

By Mr. COGHILL:

Resolved, That the committee for courts of justice enquire into the expediency of so modifying the law as to the guardianship and custody of infants in cases of divorce and habeas corpus as to give a larger discretion to the courts.

The morning hour having expired, the House proceeded to the business on the calendar.

No. 52. Senate bill entitled an act to amend and re-enact section 64 of chapter 61 of the Code of 1873, in relation to subscriptions to works of internal improvements by counties, cities and towns, unfinished business, was, on motion of Mr. WALLACE, passed by.

The report of the committee of conference on the disagreeing votes of the two Houses on No. 15 Senate bill, entitled an act authorizing a lien on all animals, vehicles and harness kept by the keeper of a livery stable, or of a house of private entertainment, to secure the payment of all charges due for keeping the same, was, on motion of Mr. STEVENS, passed by.

No. 75. Senate bill entitled an act for the relief of C. W. Sullivan, treasurer of Montgomery county, and John H. Goodloe, treasurer of Nelson county, came up.

The question being on the passage of the bill, was put-no quorum voting.

Mr. JAMES of Goochland moved to adjourn, which was rejected-a quorum voting.

The question recurring on the passage of the bill, was put-no quorum voting.

Mr. HARRISON of Rockingham moved a call of the House; which was rejected.

Mr. MCCAULL moved to adjourn, which was rejected-a quorum voting.

The bill was read a third time and passed.

Mr. SHELBURNE moved to reconsider the vote by which the bill was passed; which motion was rejected.

No. 139. Senate bill entitled an act authorizing the board of supervisors of Loudoun county to increase the salary of the county judge,

came up.

Mr. MCMULLAN moved to commit the bill to the committee for courts of justice; which was rejected.

Mr. CARTER of Loudoun moved to dismiss the bill; which was agreed to.

Mr. CARTER of Loudoun moved to reconsider the vote by which the bill was dismissed; which motion was rejected.

No. 27. Senate bill entitled an act to expedite proceedings in court, was, on motion of Mr. HANGER, dismissed.

No. 50. Senate bill entitled an act to amend and re-enact an act to amend and re-enact section 1 of chapter 96 of the Code of 1873, and to amend and re-enact section 1 of an act in reference to obstructions to highways and hinderances to travelers, approved February 12, 1876, was, on motion of Mr. SYKES, committed to the committee on counties, cities and towns.

Mr. BARBOUR moved to postpone the calendar for two minutes; which was agreed to.

No. 211. House bill to provide for the more effectual application of the funds set apart by the constitution to the operation of the public schools of the state, making the certificates of county superintendents receivable for taxes, reported from the committee on finance, was read a first time.

The House resumed the business on the calendar.

No. 98. Senate bill entitled an act to amend and re-enact an act to authorize the construction, alteration and repair of roads in the counties of Carroll and Grayson, approved February 13, 1877, as amended by an act approved March 12, 1878, came up.

The amendments proposed by the committee on counties, cities and towns were agreed to, as follows:

Sixteenth line, first section, after the word "established" insert the words "to repair or build bridges." Twenty-fourth line, first section, after the word "shall" insert the word "have."

Add at the end of first section the following:

"And the overseer superintending the opening of any new road, repair, change, or alteration of any road established, or the repair or building of any bridge or causeway by an order of either of said

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