for summoning justices and witnesses in cases of commissions of lunacy, and report by bill or otherwise.

By Mr. FRAZIER: A bill to amend and re-enact section 25 of chapter 126 of the Code of 1873, with reference to the order in which debts shall be paid. Referred to committee for courts of justice.

By Mr. HALL: Petition of citizens of Princess Anne county for protection of game in Back bay. Referred to committee on Chesapeake and its tributaries.

By Mr. NELSON: A bill for the relief of Mrs. J. T. Poland, of Prince William county. Referred to committee for courts of justice. By Mr. FRY: A bill to authorize the county of Madison to subscribe to the capital stock of the Potomac, Fredericksburg and Piedmont railroad. Referred to committee on counties, cities and towns.

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

No. 110. Senate bill entitled an act providing for the rebinding of books of record, came up.

The substitute offered by Mr. BERNARD was agreed to.

The bill as amended was ordered to its third reading.

Mr. EDMUNDS moved to reconsider the vote by which the bill was ordered to its third reading; which motion was rejected.

No. 40. House engrossed bill to amend sections seven and nine of an act approved December 29, 1877, entitled an act to amend the act entitled an act to incorporate the Lee monument association, approved January 25, 1871, came up.

The bill was read a third time and passed.

No. 92. House engrossed bill to reduce the commissions of the commissioners of revenue for the county of Loudoun, came up.

The bill was read a third time and passed.

No. 70. House engrossed bill to provide for working and keeping the public roads in order in Prince Edward county, came up. The bill was read a third time and passed.

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

No. 77. House engrossed bill to amend and re-enact section 38 of chapter 82 of the Code of 1873, to provide for the care and maintenance of harmless lunatics outside of jails and asylums of the state, came up.

Pending its consideration, the hour of 12 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.

The question being on agreeing to the amendment offered by Mr. WALKER of Chesterfield,

Mr. WALKER of Chesterfield withdrew his amendment.

Mr. WALKER of Chesterfield moved to amend the substitute by adding the following to the seventh clause of the first section:

But nothing herein contained shall be construed as releasing the Richmond and Alleghany railroad company from any obligation now existing on the James river and Kanawha company to erect bridges. or make earth fillings, and keep the same in repair, where the said canal crosses the streets of any city, if such obligation exists; or as taking from said cities their right to use the land free of charge by the Richmond and Alleghany company necessary for their streets, which right is hereby declared to exist: provided the said city of Richmond shall not make any bridge or filling which shall obstruct or injure the power or right of said Richmond and Alleghany railroad company to furnish the water-power of said canal to parties desiring to use the same as required."

The question being on agreeing to the amendment,

On demand of Mr. COGHILL, the amendment was divided into two propositions.

The first part was agreed to, as follows:

"But nothing herein contained shall be construed as releasing the Richmond and Alleghany railroad company from any obligation now existing on the James river and Kanawha company to erect bridges or make earth fillings, and keep the same in repair, where the said canal crosses the streets of any city, if such obligation exists." The second part was agreed to, as follows:

Or as taking from said cities their right to use the land free of charge by the Richmond and Alleghany railroad company necessary for their streets, which right is hereby declared to exist: provided the said city of Richmond shall not make any bridge or filling which shall obstruct or injure the power or right of said Richmond and Alleghany railroad company to furnish the water-power of said canal to parties desiring to use the same as required."

Mr. COGHILL moved to reconsider the vote by which the amendment of Mr. HARVIE (on yesterday) to the substitute was agreed to; which motion was agreed to.

The question recurring on the amendment offered by Mr. HARVIE, was put, and decided in the negative.

Mr. COGHILL moved to amend the substitute by adding at the end of the first section the following:

"The Richmond and Alleghany railroad company shall have no rights hereunder to build any dams in James river not already located, nor shall it have any right after the completion of its railroad to charge tolls upon the navigation of any part of said river, but may charge rents for the use of water derived from the works as now provided by law."

The amendment was agreed to.

Mr. HENRY moved to amend by inserting as an independent section the following:

“The said Richmond and Alleghany railroad company shall be subject to the exercise of the police power of the city of Richmond, not

withstanding any rights claimed under the charter of the James river and Kanawha company, as though it were a corporation now for the first time chartered."

The amendment was agreed to-yeas 57; nays 52.

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

YEAS-Messrs. Anderson, Ashton, Bland, Davis, Dickerson, Echols, Edmunds, Evans, Farr, Fauntleroy, Finney, Fowler, Fry, Fulkerson, Goode, Gray, Green, Hall, Hamilton. Reuben N. Harrison, Harvie, Healy, Henkel, Henry, Johnston, Kelly, Keyser, Kyle, Lee, McCabe, McConnell, MeCraw, Moffett, Moncure, Moorman, Mushbach, Nelson, Norton, Parrish, Powell, Pulliam, J. H. Robinson, Ryland, Shelburne, Shumate, J. Howard Smith, Southward, Stevens, Warner T. Taliaferro, William Taylor, Joseph Walker, Waring, Watson, Whitacre, Wilkinson, Witten, and Young-57.

NAYS-Messrs. Speaker, Adams, Attkisson, Barbour, Bernard, Bocock, Bohannan, Burger, Coghill, Crank, Crutchfield, Dance, Davidson, Edwards, Ficklin, Frazier, Fulton, Graves, Hanger, Hardesty, Henson, Hunter, R. D. James, Waddy T. James, Lady, Lovell, Luck, McCaull, McDaniel, McMullan, Michie, Oglesby, Pitts, Popham, Sandidge, Shannon, Shriver, Spessard, Starke, Sykes, William B. Taliaferro, Andrew J. Taylor, Trout, VanLear, George Walker, William M. Walker, Wallace, Walsh, Smith J. R. White, Thomas M. White, Wingfield, and Wright—52.

Mr. JOHNSTON of Giles, moved to amend the substitute by inserting in the 20th line of the first sub-division, after the word "obligation,' the following words: including the bond or bonds which may have been given, or which are to be given to the state of Virginia for the maintenance, clothing and guarding of convicts, which shall be a preferred debt of the first dignity, and shall be so provided for in the deed of conveyance."

The amendment was agreed to.

Mr. HARVIE moved to amend the substitute by inserting an independent section, to come in after the 2d section, as follows:

"But it shall not be lawful for the Richmond and Alleghany railroad company to charge more than four cents per mile for passengers transported over their road, nor shall it be lawful for the said railroad company to charge on freight in excess of two thousand pounds in weight more than three cents per ton per mile when transported fifty miles or more, nor more than four cents per ton per mile when transported twenty and less than thirty miles, nor more than six cents per ton per mile when transported twenty miles or less; and if the said Richmond and Alleghany railroad company shall violate this section of their charter, it shall be lawful for any citizen who may feel aggrieved to cause the depot agent at the point of delivery to be summoned before the county court of any county in which the delivery depot may be located; and the amount of such overcharge, together with a penalty of not less than twenty-five nor more than fifty dollars, shall be recovered for the benefit of the plaintiff from the said Richmond and Alleghany railroad company for each and every violation of this section of their charter.".

Pending its consideration, Mr. HARVIE withdrew his amendment. Mr. FARR moved to amend the substitute by inserting at the end of the first clause the following:

"And there shall be comprehended in said schedule of the debts

and obligations to be assumed and paid by the said Richmond and Alleghany railroad company, any and all bonds and stock of the said James river and Kanawha canal company guaranteed or assumed by the commonwealth of Virginia, or for which the commonwealth is bound, actually or constructively."

The amendment was rejected.

Mr. FAUNTLEROY moved to reconsider the vote by which the amendment of Mr. FARR was rejected.

Pending the motion to reconsider,

Mr. POPHAM demanded the previous question, and the question being "shall the main question be now put?" was put and decided in the affirmative-yeas 85; nays 26.

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

YEAS-Messrs. Speaker, Adams, Akers, Anderson, Ashton, Attkisson, Barbour, Bernard, Bland, Bocock, Bobannan, Burger, Chase, Coghill, Cox, Crank, Crutchfield, Dance, Davidson, Davis, Dickerson, Edmunds, Edwards, Evans, Ficklin, Finney, Frazier, Fry, Fulkerson, Goode, Graves, Gray, Green, Hall, Hanger, Hardesty, H. H. Harrison, Healy, Henry, Henson, Hunter, R. D. James, Waddy T. James, Jordan, Keyser, Kyle, Lacy, Lady, Lee, Lovell, Luck, McCabe, MeCaull, McConnell, McCraw, McDaniel, Moncure, Nelson, Oglesby, Parrish, Pitts, Popham, Powell, Pulliam, Ragland, Sandidge, Shannon, Shriver, Shumate, Spessard, W. B. Taliaferro, Andrew J. Taylor, William Taylor, Trout, VanLear, George Walker, Joseph Walker, William M. Walker, Wallace, Watson, Smith J. R. White, Thomas M. White, Wingfield, Witten, and Wright-85.

NAYS-Messrs. John R. Carter, Echols, Farr, Fauntleroy, Fowler, Fulton, Hamilton, Reuben N. Harrison, Henkel, Johnston, Kelly, MeMullan, Michie, Moffett, Moorman, Mushbach, Norton, Robinson, Shelburne, J. Howard Smith, Southward, Sykes, W. T. Taliaferro, Waring, Whitacre, and Young-26.

The question being on agreeing to the motion of Mr. FAUNTLEROY to reconsider the vote by which the amendment of Mr. FARR was rejected, was put and decided in the negative-yeas 39; nays 73.

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

YEAS-Messrs. Akers, Ashton, Bland, John R. Carter, Chase, Davidson, Dickerson, Echols, Edmunds, Evans, Farr, Fauntleroy, Fry, Fulkerson, Grigsby, Hall, Hamilton, Reuben N. Harrison, Healy, Henkel, Waddy T. James, Kelly, Lee, McCabe, McConnell, Moorman, Mushbach, Nelson, Norton. Ragland, Shumate, Stevens, Sykes, Warner T. Taliaferro, Waring, Watson, Whitacre, Witten, and Young-39.

NAYS-Messrs. Speaker, Adams, Anderson, Attkisson, Barbour, Bernard, Bocock, Bohannan, Burger, Coghill, Cox, Crank, Crutchfield, Dance, Davis, Edwards, Ficklin, Finney, Fowler, Frazier, Fulton, Goode, Graves, Gray, Green, Hanger, Hardesty, H. H. Harrison, Harvie, Henry, Henson, Hunter, R. D. James, Johnston, Jordan, Keyser, Kyle, Lacy, Lady, Lovell, Luck, McCaull, McCraw, McDaniel, McMullan, Moffett, Monenre, Oglesby, Parrish, Pitts, Popham, Powell, Pulliam, Robinson, Ryland, Sandidge, Shannon, Shriver, J. Howard Smith, Southward, Spessard, W. B. Taliaferro, Andrew J. Taylor, William Taylor, Trout, VanLear, George Walker, Joseph Walker, Wallace, Smith J. R. White, Thomas M. White, Wingfield, and Wright-73.

The question being on agreeing to the substitute as amended, was put and decided in the affirmative.

The bill as amended by the substitute was ordered to be engrossed to be read a third time--yeas 83; nays 28.

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

YEAS-Messrs. Speaker, Adams, Anderson, Ashton, Attkisson, Barbour, Bernard, Bocock, Bohanan, Burger, Coghill, Cox, Crank, Crutchfield, Dance, Davis, Edmunds, Edwards, Evans, Ficklin, Finney, Fowler, Frazier, Fry, Fulton, Goode, Graves, Gray, Green, Hanger, Hardesty, II. H. Harrison, Reuben N. Harrison, Harvie, Healy, Henry, Henson, Hunter, R. D. James, Johnston, Jordan, Kyle, Lacy, Lady, Lee, Lovell, McCaull, McCraw, McDaniel, MeMullan, Michie, Moffett, Moncure, Oglesby, Parrish, Pitts, Popham, Powell, Pulliam, Robinson, Ryland, Sandidge, Shannon, Shriver, J. Howard Smith, Southward, Spessard, William B. Taliaferro, Andrew J. Taylor, William Taylor, Trout, VanLear, George Walker, Joseph Walker, William M. Walker, Wallace, Waring, Smith J. R. White, Thomas M. White, Wilkinson, Wingfield, Wright, and Young

83.

NAYS-Messrs. Akers, Bland, John R. Carter, Chase, Davidson, Dickerson, Echols, Farr, Fauntleroy, Fulkerson, Hall, Hamilton. Henkel, Waddy T. James, Keyser, McCabe, McConnell, Mushbach, Nelson, Ragland, Shelburne, Shumate, Stevens, Sykes, Warner T. Taliaferro, Watson, Whitacre, and Witten-28. Mr. LOVELL moved to reconsider the vote by which the bill was ordered to be engrossed.

Mr. GRAVES demanded the pending question; which was ordered. The motion to reconsider was rejected.

On motion of Mr. PоPHAM, the House adjourned until to-morrow at 11 o'clock A. M.

FRIDAY, FEBRUARY 7, 1879.

The Journal was read by the clerk.

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

In Senate, February 6, 1879. The Senate have agreed to House joint resolution requiring the fish commissioner to collect information in regard to the oyster and fish culture, &c.

They have agreed to the amendments proposed by the House of Delegates to 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, No. 98.

They have passed a bill entitled an act to amend section 1, chapter 39, Code of 1873, in reference to the price paid for land warrants for waste land, No. 109.

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

No. 109. Senate bill was read twice and referred to the committee on finance.

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

No. 237. House bill to authorize the governor to borrow money.