A further confirmation of these views is derived from the other provisions of the act; the only provision therein made for the payment of the amount which was assigned to West Virginia is found in the third section, and in the language to which we have referred. Is it not singular that, if the state was to be held liable for any more than the proportionate amount which she might upon a settlement recover from West Virginia, no provision is made in the act for such contingency? The act makes no provision for new bonds or otherwise, for the funding, payment or retirement of these certificates; and if any obligation to pay was contemplated, no provision is made for its fulfilment. These views are corroborated by the provision in the third section as to the sterling bonds, and still more by the fact that in the section creating the sinking fund provision is only made for the final payment and extinction of the bond authorized by the second section, and no provision is made thereby for payment of any contingent liability on account of these certificates resulting from a failure to realize the whole third from West Virginia.

It is proper and due to the commmittee to say that they are aware that no opinion expressed by the committee, or by the House of Delegates, can affect or determine the rights of the holders of these certiticates, or determine the liability of the state therefor. The enquiry relates to a subject purely and entirely judicial in all its aspects, and not legislative, and can only, therefore, be finally and conclusively adjudicated by a judicial tribunal; and if free to act, your committee would have declined to take cognizance of the resolution for the reasons stated, and would have so reported; but in the judgment of the committee, the resolution containing a mandatory instruction,.they had no discretion, and therefore, and in accordance with such resolution, they make this report, and recommend the adoption of the following resolution:

Resolved by the House of Delegates of Virginia, That in its judgment the state of Virginia is not liable to the holders of the certificates issued by the state under the provisions of section 3 of an act approved March 30, 1871, and the act amendatory thereof, approved March 8, 1872, for the one-third of the public debt thereby apportioned and assigned to the state of West Virginia, except as expressed on their face, to provide for the payment of such proportion of the amount thereof as may be derived from a settlement with the state of West Virginia in regard to the public debt of the commonwealth as it existed at the time of its dismemberment.

Mr. COGHILL moved to reconsider the vote by which the report was agreed to; which motion was rejected.

The SPEAKER laid before the House a communication from the superintendent of public instruction, in response to a resolution of the House as to outstanding claims against the public school fund.

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

The following were presented and referred under rule 37:

By Mr. HUNTER: A bill to amend and re-enact section 7 of an act entitled an act for the protection of game, approved March 29, 1877, with reference to killing and capturing deer. Referred to special committee on game.

By Mr. WITTEN: Petition of board of supervisors of Tazewell county for an act authorizing them to compromise with certain officials in default on their official bonds. Referred to committee for courts of justice.

By Mr. WILKINSON: A bill to refund to N. Renseh, of Pittsylvania county, a license tax. Referred to committee on finance.

By Mr. FRAZIER: A bill to amend and re-enact section 19 of an act entitled an act for the assessment of taxes on persons, property, incomes, licenses, &c.; and imposing taxes thereon for the support of government, free schools, and to pay the interest on the public debt, appproved March 27, 1876. Referred to committee on finance.

The resolution of Mr. HENRY to rescind the order of the House to print 5,000 copies of the report of the finance committee on the financial condition of the commonwealth, came up.

Mr. BARBOUR moved to dismiss the resolution.

Pending its consideration, the morning hour having expired,

On motion of Mr. BARBOUR, the calendar was postponed for thirty minutes.

The House resumed the consideration of the resolution of Mr. HENRY.

Pending its further consideration, the time to which the calendar was postponed having arrived,

On motion of Mr. FICKLIN, the calendar was further postponed until one o'clock.

The consideration of Mr. HENRY'S resolution was again resumed. Pending its further consideration, the hour of one o'clock having arrived,

No. 37. House bill to amend and re-enact section fifteen of an act approved March 29, 1875, as amended by 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, liabilites and compensation of certain county officers, came up as a special order.

On motion of Mr. PULLIAM, the bill was dismissed.

A message was received from the Senate by Mr. LEE, who informed the House that the Senate had passed House bill entitled an act to authorize the city of Alexandria to compromise the debt of the city, and to issue bonds in accordance with the terms of such compromise, and prescribing the mode in which the payment of interest on such bonds may be enforced.

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

The question being on the amendment proposed by Mr. ECHOLS, Pending its consideration, the hour of 23 oclock having arrived, the chair was vacated until 8 o'clock.

EVENING SESSION.

The chair was resumed at 8 o'clock.

No. 57. Senate bill entitled an act to provide for the election of four commissioners of the revenue for the county of Fauquier, came up.

The bill was read a third a time and passed.

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

No. 171. Senate bill entitled an act to amend and re-enact section one of an act approved March 29, 1877, entitled an act to repeal the fence law in Gainsboro' district, in Frederick county.

The bill was read a third time and passed.

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

No. 107. House engrossed bill amending the charter of the town of Lovettsville, Loudoun county, in relation to obtaining license to sell liquors, either as a keeper of an ordinary, eating-house, or a merchant, within the corporate limits of said town; and further of extending the protection of the corporate powers of the town of Lovettsville to all religious denominations worshipping within a mile of said town, came up.

The bill was read a third time and passed.

Mr. CARTER of Loudoun moved to amend the title by striking out the following words: "in relation to obtaining license to sell liquors, either as a keeper of an ordinary, eating-house, or a merchant, within the corporate limits of said town"; which was agreed to.

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

No. 139. House engrossed bill to authorize the county court to release G. S. Meems from payment of a district road tax in Shenandoah county.

The bill was read a third time and passed.

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

The following House engrossed bills were read a third time and passed:

No. 175. House engrossed bill to incorporate the Norfolk and Ocean View railroad and hotel company.

No. 158. House engrossed bill for the protection of game in Alexandria and Fairfax counties.

No. 216. House engrossed bill to amend and re-enact an act entitled an act to amend and re-enact an act passed March 15th, 1849, entitled an act to extend the limits of and provide for electing trustees for the town of Marion, in the county of Smyth, investing them with certain corporate powers, approved July 9th, 1870.

No. 217. House engrossed bill to amend and re-enact section 1 of an act entitled an act to authorize the trustees of the Black Lick Presbyterian church to make sale of certain property belonging to said church, approved March 14, 1878.

No. 218. House engrossed bill to amend and re-enact sections 7 and 8 of chapter 156 of the Code of 1873, in relation to business done in the court of appeals at Wytheville and Richmond.

No. 219. House engrossed bill to furnish convict labor to work on the public roads of Wythe county.

No. 221. House engrossed bill to incorporate the North and Southside Virginia mining and manufacturing company.

No. 222. House engrossed bill to incorporate the Chesapeake Lodge, No. 1596, Grand United Order of Odd-Fellows, of the village of Hampton.

No. 223. House engrossed bill to amend the first section of an act to amend and re-enact an act passed March 15, 1849, entitled an act to extend the limits and provide for electing trustees for the town of Marion, in the county of Smyth, investing them with certain powers.

No. 224. House engrossed bill to amend the charter of the town of Marion, with reference to the election, duties, and powers of councilmen, by adding an additional section thereto.

No. 226. House engrossed bill to authorize the board of supervisors of Goochland county to permit W. B. W. Brooking to erect a store and warehouse on the public land at Cedar Point, in the county of Goochland.

No. 229. House engrossed bill to empower the trustees of the Columbia Baptist church in the town of Falls Church, in the county of Fairfax, to sell and convey church property.

No. 230. House engrossed bill to authorize the trustees of Portsmouth Naval Lodge, No. 100, and Mount Horeb Royal Arch Chapter, No. 11, to sell their real estate and subscribe to the Masonic building association of Portsmouth.

No. 231. House engrossed bill to incorporate the Masonic building association of Portsmouth.

No. 235. House engrossed bill to amend and re-enact the 3d, 4th, 5th and 6th sections of an act entitled an act to incorporate the town. of Falls Church, in the county of Fairfax, approved March 30th, 1875. No. 236. House engrossed bill to incorporate the town of Bangs, in Montgomery county.

No. 238. House engrossed bill to allow Thomas J. Gillespie, treasurer of Buchanan county until the 1st day of May, 1879, to make return of his delinquent and insolvent lists for the year 1877.

No. 243. House engrossed bill to authorize the construction of a turnpike road from Fincastle to Blue Ridge springs, Botetourt county, Virginia.

No. 244. House engrossed bill to authorize the Odd-Fellows' joint stock company, of Alexandria, Virginia, to borrow money and execute one or more deeds of trust upon its property.

No. 245. House engrossed bill to authorize the corporation of Farmville to borrow money.

Motions (severally made) to reconsider the votes by which House engrossed bills Nos. 158, 216, 217, 218, 219, 221, 222, 223, 224, 226, 229, 230, 231, 235, 236, 238, 243, 244, and 245 were passed, were rejected.

On motions (severally made) the following House engrossed bills were passed by:

No. 110. House engrossed bill for the relief of W. J. Shumate. No. 151. House engrossed bill for the removal of the disabilities of James Barbour of Culpeper, and others.

No. 144. House engrossed bill to refund to John Manders part of a license tax improperly assessed upon and paid by him.

No. 156. House engrossed bill giving the consent of this state to the purchase by the government of the United States of land in Alexandria county for the abutment of and the necessary approaches to the bridge proposed to be constructed across the Potomac river, at or near the Three Sisters' islands, and the building of such abutment and approaches upon such land, and ceding jurisdiction over the same.

No. 159. House engrossed bill for the relief of Collowhill M. Wiggenton, Abram Staples, William C. Smart, and Sanders Bowman, of Patrick county.

No. 160. House engrossed bill to refund to Thomas E. Gravatt, of Caroline county, a license tax.

No. 166. House engrossed bill for the relief of Joseph A. Carr, of Loudoun county.

No. 170. House engrossed bill to refund to Kirk and Shoemaker state taxes erroneously assessed.

No. 186. House engrossed bill for the relief of A. T. Mooklar, late deputy sheriff of King William county.

No. 187. House engrossed bill for the relief of William Chinn of Prince William county.

No. 225. House engrossed bill to relieve Milford B. Spencer of his disabilities, under clause three, section one, article three, of the constitution.

The following House bills were read a second time, and ordered to be engrossed to be read a third time:

No. 247. House bill to incorporate the town of Waverly, in the county of Sussex.

No. 250. House bill authorizing the trustees of Bethel Methodist Episcopal church south, in Westmoreland county, to sell and purchase church property.