The motion to reconsider was agreed to.

The question recurring on agreeing to the substitute offered by Mr. CARTER of Northampton, was put and decided in the negative-yeas 8; nays 70.

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

YEAS-Messrs. Peter J. Carter, Evans, Hamilton, Norton, E. H. Smith, Southward, Starke, and Witmer-8.

NAYS-Messrs. Speaker, Adams, Akers, Anderson, Attkisson, Bernard, Bland, Bocock, Bohannan, Burger, Chase, Coghill, Cox, Crutchfield, Dance, Davis, Dickerson, Dickenson, Echols, Edmunds, Finney, Fowler, Frazier, Fry, Fulton, Graves, Gray, Green, Grigsby, Hall, Hanger, Hardesty, Reuben N. Harrison, Healy, Henry, Waddy T. James, Johnston, Kelly, Kyle, Lady, Luck, McCraw, McDaniel, McMullan, Moffett, Moncure, Moorman, Pitts, Popham, Powell, Pulliam, Ragland, Robinson, Shannon, Shelburne, Spessard, Stevens, Sykes, William B. Taliaferro, Warner T. Taliaferro, Trout, VanLear, George Walker, William M. Walker, Wallace, Walsh, Watson, Whitacre, Smith J. R. White, and Wright-70.

Pending the further consideration of the report, the hour of one o'clock having arrived,

No. 58. Senate bill entitled an act to amend and re-enact section 19, chapter 77, Code of Virginia, edition of 1873, concerning the board of visitors of the Virginia Agricultural and Mechanical college at Blacksburg, carne up as a special order.

On motion of Mr. JOHNSTON of Giles, the special order was postponed for twenty minutes.

No. 184. House joint resolution proposing amendments to the constitution, came up as special order.

On motion of Mr. JOHNSTON of Giles, the special order was postponed for twenty minutes.

The House resumed the consideration of the report on the usurpation of the federal judiciary in Virginia. ·

The question being on agreeing to the report,

Mr. CARTER of Northampton demanded the yeas and nays; which were not ordered.

The report was agreed to.

Mr. MYERS, elected a member of the House of Delegates from Norfolk city, to fill the vacancy occasioned by the death of Mr. E. C. Robinson, appeared and was sworn in.

Mr. WHITE of Hanover moved that the House adjourn; which motion was rejected-yeas 40; nays 46.

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

YEAS-Messrs. Adams, Attkisson, Bocock, Chase, Coghill, Cox, Dance, Davis, Dickenson, Evans, Farr, Finney, Fry, Fulkerson, Gray, Green, Hamilton, Hardesty, Healy, Kelly, McCabe, McConnell, Michie, Moffett, Norton, Pitts, Popham, Robinson, J. Howard Smith, Southward, Spessard, Starke, Sykes, George Walker, Joseph Walker, William M. Walker, Smith J. R. White, Thomas M. White, Wingfield, and Wright-40.

NAYS-Messrs. Speaker, Akers, Anderson, Bernard, Bland, Bohannan Burger, Peter J. Carter, Crutchfield, Dickerson, Echols, Edmunds, Fowler, Frazier, Fulton, Graves, Grigsby, Hall, Hanger, Reuben N. Harrison, Henry, Waddy T. James, Johnston, Kyle, Lady, Luck, McCraw, McMullan, Moncure, Moorman, Myers, Pulliam, Ragland, Shannon, Shelburne, E. H. Smith, Stevens, William B. Taliaferro, Warner T. Taliaferro, William Taylor, Trout, VanLear, Walsh, Watson, Whitacre, and Witmer-46.

The time to which special order, No. 58, Senate bill, was postponed, having arrived,

On motion of Mr. PоPHAM, the special order was postponed until 12 o'clock on Monday next.

Mr. POPHAM moved that the House adjourn; which motion was agreed to-yeas 44; nays 42.

YEAS-Messrs. Adams, Attkisson, Bernard, Bocock, Bohannan, Chase, Coghill, Cox, Dance, Davis, Dickenson, Evans, Fowler, Fry, Fulkerson, Fulton, Gray, Green, Hamilton, Hardesty, Kelly, McCabe, McConnell, McDaniel, McMullan, Michie, Moffett, Norton, Pitts, Popham, Powell, Robinson, J. Howard Smith, Southward, Spessard, Starke, Sykes, George Walker, Joseph Walker, William M. Walker, Smith J. R. White, Thomas M. White, Wingfield and Wright—44.

NAYS-Messrs. Speaker, Akers, Anderson, Bland, Peter J. Carter, Crutchfield, Dickerson, Echols, Edmunds, Farr, Frazier, Graves, Grigsby, Hall, Hanger, Reuben N. Harrison, Henry, Waddy T. James, Johnston, Kyle, Lady, Luck, McCraw, Moncure, Moorman, Myers, Pulliam, Ragland, Sharnon, Shelburne, E. H. Smith, Stevens, William B. Taliaferro, Warner T. Taliaferro, William Taylor, Trout, VanLear, Wallace, Walsh, Watson, Whitacre, and Witmer-42.

The Speaker declared the House adjourned until Monday next at 11 o'clock A. M.

MONDAY, FEBRUARY 10, 1879.

The Journal was read by the clerk.

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

In Senate, February 8, 1879. The Senate have passed House bill entitled an act authorizing the classification of the stock of the Norfolk library association, No. 62.

No. 115. Senate bill entitled an act to incorporate the Portsmouth water company, was reported from the committee on propositions and grievances.

No. 109. Senate 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, was reported from the committee on finance.

No. 90. Senate bill entitled an act to amend and re-enact section 62, chapter 34 of the Code of 1873, in reference to licensing physicians, surgeons and dentists, was reported from the committee on finance with an amendment.

No. 137. Senate bill entitled an act to empower the board of supervisors of Augusta county to levy a tax in aid of the Augusta memorial association and others, for the Confederate dead, was reported from the committee on counties, cities and towns.

No. 147. Senate bill entitled an act fixing the southern boundary

line of the town of Goodson, was reported from the committee on counties, cities and towns.

No. 4. House bill entitled an act allowing any person to have his dog listed for taxation, thereby making the same personal property, was reported from the committee on finance, with the recommendation that the House agree to the amendments of the Senate.

No. 251. House bill for the relief of Alexander Bryant and J. T. Bryant of Patrick county, reported from the committee on finance, was read a first time.

The following House bills, reported from the committee on counties, cities and towns, were read a first time:

No. 252. House bill to amend and re-enact an act entitled an act to limit the indebtedness of cities and towns, approved March 20th, 1875.

No. 253. House bill to empower the board of supervisors of the county of Charlotte to make a levy to pay counsel for services in defending the suit of Stuart, Buchanan & Co.

Mr. WATSON, from the committee on onrolled bills, submitted the following report:

The committee on enrolled bills have the honor to report that the following bills and joint resolution have been approved by the governor:

An act to amend and re-enact an act approved March 17, 1876, entitled an act declaring liens on the baggage and effects of boarders. An act to incorporate Centreville grange, No. 706, of Princess Anne county.

An act to pay the judges of the commonwealth their salaries and mileage fixed by law on the 12th of March, 1878, during their then several terms.

An act to authorize the condemnation of the use of the land now occupied by the Central lunatic asylum.

An act to authorize W. L. Cook to erect a wharf upon his land on York river.

An act appropriating money for the payment of commutation to maimed soldiers, sailors and marines in lieu of artificial limbs or eyes heretofore provided by law.

An act for the protection of the charitable institutions of the state. An act to fix the times of holding courts in the fourteenth judicial circuit.

An act to authorize the trustees of certain school property in the county of Roanoke to sell the same and re-invest the proceeds.

An act to amend and re-enact section 35, chapter 154 of the Code of Virginia, edition of 1873, so as to dispense with the August term of the corporation court of the city of Petersbug.

An act for the relief of C. W. Sullivan, treasurer of Montgomery

county, and John II. Goodloe, treasurer of Nelson county.

An act for the relief of Isaac J. Parks and Jesse L. Parks, as sureties of John Parks of Grayson county.

An act to protect buzzards.

An act for the relief of the sureties of Peyton R. Ford, late collector of Madison township, of the county of Charlotte.

An act to amend the charter of the town of Suffolk.

An act to incorporate Salome cemetery company, near Middleburg, Loudoun county, Virginia.

An act imposing certain duties upon county and corporation treasurers and other collectors of state revenue, and fixing the penalty for failure to perform them.

An act for the protection of sheep in the county of Spotsylvania. An act to prescribe the times for holding the terms of the circuit courts in the fifteenth judicial circuit.

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 March 12th, 1878.

An act to authorize the governor to borrow money.

An act to amend and re-enact section 32 of chapter 8 of the Code of 1873, in reference to the counting of the vote by the board of state canvassers in cases of special election, as amended by an act approved January 29th, 1879.

An act to authorize the board of directors of the Virginia female institute to borrow money to a limited amount, and to secure the same by trust deed or mortgage.

An act for the protection of sheep in the county of Bedford.

Joint resolution requiring the fish commissioner to collect information in regard to the oyster and fish culture, &c.

Mr. GREEN offered the following resolution:

Resolved, That the committee for courts of justice be required to ascertain and report what amendment to section 5 of chapter 150 of the Code of 1873 is necessary to protect personal representatives and other fiduciaries from personal liability for the amount awarded against them under and by reason of a submission to arbitration of matters touching the estate represented by them, if they be not otherwise liable.

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 the superintendent of public printing be instructed to have printed for the use of the two houses five thousand copies of the recent statistical report of the finance committee.

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

The resolution was agreed to.

Mr. MUSHBACH offered the following resolution:

Resolved, That W. W. Archer, official stenographer of the House, be excused from attendance upon the sessions of this House for two days, to afford him an opportunity to transcribe the testimony in the matter of the Barksdale investigation, which was heretofore by this House ordered to be printed.

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

The resolution was agreed to.

Leave of absence was granted Messrs. DICKERSON of Floyd for six days, MCMULLAN three days, WHITE of Caroline two days, NORTON, and WRIGHT of Caroline one day each.

Mr. JORDAN stated that had he been present when the vote was taken on the passage of No. 76, House bill (Richmond and Alleghany railroad) he would have voted for it.

The following were presented and referred under rule 37:

By Mr. JOHNSTON of Giles: A bill to authorize the Pulaski and Giles turnpike company to change the grade of their road. Referred to committee on roads and internal navigation.

By Mr. MCMULLAN: A bill to provide commutation for artificial leg issued to W. D. Bruce. Referred to committee on finance.

By Mr. LADY: Petition of Messrs. Carroll and Beard, citizens of Lexington, Virginia, praying for relief from erroneous taxation. Referred to committee on finance.

By Mr. HARVIE: A bill to regulate charges for freight and passengers by the railroads of the state. Referred to committee on roads and internal navigation.

By Mr. TAYLOR of Fluvanna: A bill for the relief of E. A. Seay of Fluvanna county. Referred to committe on finance.

By Mr. TAYLOR of Fluvanna: Petition of citizens of Fluvanna county for the relief of E. A. Seay. Referred to committee on finance. By Mr. DICKENSON of Floyd: A bill to amend and re-enact section 5 of an act approved March 27, 1875, in relation to criminal jurisdiction of the county courts. Referred to committee for courts of justice.

By Mr. MOFFETT: Petition of S. H. Lewis' executors praying reduction of assessment on certain real estate in Rockingham county. Referred to committee on finance.

By Mr. WALLACE:

Resolved, That the committee for courts of justice enquire into the right and authority of this legislature to elect county judges at this session, and report by resolution or otherwise.

By Mr. ROBINSON: Joint resolution providing for the payment of the expenses of the committee appointed to accompany the remains of the late Dr. E. C. ROBINSON to his home. Referred to the committee on finance.

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

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 as unfinished business.