The following House bills were read a second time and ordered to be engrossed to be read a third time: No. 2. House bill for the relief of the sureties of John Huddleson, late collector of Central township, of the county of Rockingham. No. 3. House bill to refund Edward Cannon license tax. On motion of Mr. TAYLOR of Fluvanna, the House adjourned until to-morrow at 12 o'clock M. TUESDAY, DECEMBER 10, 1878. Prayer by Rev. Dr. J. G. Armstrong, of the Episcopal church. A communication from the Senate by their clerk, was read as follows: In Senate, December 9, 1878. The Senate have passed House bill entitled an act for the relief of the tax-payers of the county of Orange, No. 1. They have agreed to a joint resolution defining the true status of the present general assembly; in which joint resolution they respectfully request the concurrence of the House of Delegates. Senate joint resolution defining the true status of the present general assembly, was placed on the calendar, the rule having been suspended, on motion of Mr. Bocock, requiring its reference to a committee. The following House bills, reported from the committee on counties, cities and towns, were read a first time: No. 11. House bill to amend and re-enact section 21 of the act of March 20, 1875, in relation to working and keeping in order the roads of the commonwealth (with a recommendation that it do not pass). No. 12. House bill to amend and re-enact section 19 of an act entitled an act to provide for working the roads in the counties of Shenandoah and Page, approved February 6, 1878. The following house bills, reported from the committee for courts of justice, were read a first time: No. 13. House bill to provide that in case of eviction of part of leased premises, such eviction shall not work a suspension of the whole rent. No. 14. House bill 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. The following report was presented: The committee for courts of justice, in response to a resolution re ferred to them, directing an enquiry "whether any, and if so, which of the circuit judges hold their office, under the constitution, beyond the 1st January, 1879," report, that the judges of the seventeenth and eighteenth judicial circuits, which were new circuits created since the adoption of the present constitution, under the said constitution, article VI, section 11, hold their terms for eight years from the commencement thereof, to-wit, from the 1st January, 1876; and the terms of all the other judges expire on the 31st December, 1878. The committee refer to their report, found at page 292 of the House Journal for last session. The committee would ask the adoption of a joint resolution herewith reported. No. 15. House joint resolution in relation to the terms of office of the circuit judges, reported from the committee for courts of justice, was read a first time. Mr. ASHTON, under a suspension of the rule, presented No. 16, House bill imposing a tax, and prescribing a mode of collecting the same, on the privilege of selling cigars and cigarettes within the limits of the commonwealth, for the support of the government and to pay the interest on the public debt; which was read a first time. MR. WARING, under a suspension of the rule, presented No. 17, House bill, to incorporate the Rappahannock freedmen's cemetery company; which was read a first time. The SPEAKER laid before the House a communication from the governor, transmitting list of pardons and commutations of punishment granted during the past year, with reasons therefor-Doc. No. 2. The SPEAKER laid before the House the following communication: COMMONWEALTH OF VIRGINIA, To the General Assembly of Virginia : RICHMOND, December 9, 1878. It becomes my duty to notify you that a vacancy occurred in the office of treasurer by the inadvertent omission of the Hon. R. M. T. Hunter the treasurer elect, to qualify within the time prescribed by law; to which vacancy I appointed the said Hon. R. M. T. Hunter, who gave the required bond. The election now devolves upon your honorable body. FRED. W. M. HOLLIDAY. A message was received from the Senate by Mr. MASSEY, who informed the House that the Senate had agreed to a joint resolution as follows: Resolved (the House of Delegates concurring), That the general assembly will proceed to the election of state treasurer to-day at 1 o'clock P. M. The Senate joint resolution was agreed to. Mr. Bocock moved to reconsider the vote by which the joint resolution was agreed to; which motion was rejected. Ordered, That Mr. Bocock inform the Senate that the House had agreed to the joint resolution. The SPEAKER laid before the House the following communication: COMMONWEALTH OF VIRGINIA, To the General Assembly of Virginia: RICHMOND, December 9, 1878. Having received official notice of the resignation of the Hon. Z. T. Dobyn judge of the county court of Floyd county, to take effect the 1st day of January, 1879, it becomes my duty to communicate the same to your honorable body. FRED. W. M. HOLIDAY. The communication was referred to the committee for courts of justice. Leave of absence was granted Messrs. STARKE one day, MCMULLAN three days. A message was received from the Senate by Mr. PHLEGAR, who informed the House that the Senate had agreed to Senate joint resolution to provide for the election of a county judge for Floyd county, to fill a vacancy occasioned by the resignation of Z. T. Dobyns, and Senate joint resolution providing for a recess of the general assembly, in which they respectfully request the concurrence of the House. The Senate joint resolution as follows: Resolved (the House of Delegates concurring), That the general assembly will proceed at one o'clock of Thursday, the 12th day of December, 1878, to elect a county judge for Floyd county, to fill the vacancy occasioned by the resignation of Z. T. Dobyns, such election to be for the unexpired term of said Z. T. DobynsWas agreed to. The Senate joint resolution as follows: Resolved (the House of Delegates concurring), That when the two houses of the general assembly adjourn on Friday, the 20th day of December, 1878, they adjourn to meet again on Friday, the 3d day of January, 1879 Was, on motion of Mr. HANGER, committed to the committee on federal relations and resolutions-yeas 66; nays 55. On motion of Mr. JORDAN, the vote was recorded as follows: YEAS-Messrs. Anderson, Bernard, Bland, Bocock, Bohanan, Burger, John R. Carter, Peter J. Carter, Coghill, Coleman, Cox, Crutchfield, Davidson, Davis, Echols, Edmunds, Edwards, Evans, Ficklin, Fry, Graves, Gray, Hall, Hanger, Hardesty, H. H. Harrison, Harvey, Henkel, Henry, Henson, Johnston, Jordan, Kyle, Lee, Lovell, Luck, McCabe, McCaull, McCraw, McDaniel, McMullan, Michie, Moncure, Moorman, Mushbach, Nelson, Norton, Pitts, Popham, Pulliam, Sandidge, Shelburne, Shriver, E. H. Smith, Stevens, William B. Taliaferro, Warner T. Taliaferro, William Taylor, Trout, George Walker, Walsh, Waring, Whitacre, Thomas M. White, Wilkinson, and Witten.-66. NAYS-Messrs. Speaker, Adams, Akers, Ashton, Attkisson, Barbour, Brown, Burnham, Chase, Crank, Curlett, Dance, Dickerson, Dickenson, Dyer, Farr, Fadntleroy, Finney, Fowler, Frazier, Fulkerson, Fulton, Goode, Green, Healy, Hiner, Hunter, R. D. James, Waddy T. James, Johnson, Kelly, Keyser, Lacy, Lady, McConnell, Parrish, Ragland, Reese, Edmund C. Robinson, J. H. Robinson, Ryland, Shannon, Shumate, J. Howard Smith, Spessard, Sykes, Andrew J. Taylor, Joseph Walker, William M. Walker, Wallace, Watson, Smith J. R.White, Witmer, Wingfield, and Wright—55. The report of the joint committee on the status of the present session, was on motion of Mr. Boсock, passed by. The following were presented and referred under rule 37: By Mr. GRAVES: Joint resolution proposing amendments to the constitution of Virginia. Referred to committee for courts of justice. By Mr. BERNARD: Petition of members of the bar in the city of Petersburg, asking that the August term of the hustings court of said city be dispensed with. Referred to the committee for courts of justice. By Mr. WALSH: A bill to provide for the protection of fish in the Appomattox river. Referred to the committee on the Chesapeake and its tributaries. By Mr. GOODE: Petition of citizens of Charlotte and Mecklenburg counties for an act to more thoroughly define the dividing line between those counties. Referred to the committee on counties, cities and towns. By Mr. MCCAULL: A bill to provide commutation to certain maimed soldiers, sailors and marines, in lieu of artificial limbs or eyes heretofore provided by law. Referred to committee on finance. By Mr. HARVIE: A bill to authorize the use of convict labor on the grounds of the State agricultural society. Referred to committee on asylums and prisons. By Mr. FARR: A bill authorizing the use of district school funds for the payment of teachers. Referred to committee on schools and colleges. By Mr. MCCAULL: A bill to prescribe the times for holding the terms of the circuit courts in the fifteenth judicial circuit. Referred to committee for courts of justice. By Mr. NELSON: A bill to amend and re-enact an act entitled an act to regulate the working of the public roads in the counties of Prince William, Montgomery, Chesterfield, and Lancaster, approved February 25, 1878. Referred to the committee on counties, cities and towns. By Mr. ALLEN: Joint resolution providing for a conference of the creditors of the state. Referred to the committee on finance. By Mr. BERNARD: A bill to amend 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 Petersburg. Referred to the committee for courts of justice. By Mr. WALLACE: A bill to amend and re-enact section 8, chapter 145, Code 1873, in relation to injuries for actions. Referred to the committee for courts of justice. By Mr. GOODE: A bill to provide for ascertaining and making the boundary line between the counties of Mecklenburg and Charlotte. Referred to the committee on counties, cities and towns. The morning hour having expired, the House proceeded to the business on the calendar. Senate joint resolution defining the true status of the present general assembly, as follows: Resolved by the general assembly of Virginia, That the present session is a session in accordance with and by virtue of the joint resolutions approved March 12, 1878, entitled "joint resolutions construing certain sections of the fifth article of the constitution as applicable to the sessions of the general assembly," and the act approved March 12, 1878, entitled an act to amend the act approved March 29, 1877, in relation to the meeting of the general assembly Came up. Mr. HANGER offered a substitute for the Senate joint resolution by striking out all after "Virginia" and inserting in lieu thereof the fol lowing: "That the present session of the general assembly is legal and constitutional, and that it is inexpedient to legislate further on the subject." Pending which, the hour of one o'clock, P. M., having arrived- • Ordered, That Mr. KYLE inform the Senate that the House was ready on its part to proceed to the execution of the joint order which has for its object the election of state treasurer. A message was received from the Senate by Mr. LEE, who informed the House that the Senate is ready on its part to proceed to the execution of the joint order. Mr. Bocock nominated R. M. T. Hunter. Ordered, That Mr. Bocock inform the Senate that R. M. T. Hunter is the only person in nomination before the House. A message was received from the Senate by Mr. SINCLAIR, who informed the House that R. M. T. Hunter is the only person in nomination before the Senate. The roll was called with the following result: For R. M. T. Hunter, The vote was recorded as follows: 111 For R. M. T. HUNTER-Messrs. Speaker, Adams, Akers, Anderson, Ashton, Attkisson, Barbour, Bernard, Bland, Bocock, Bohanan, Brown, Burger, John R. Carter, Chase, Coghill, Coleman, Cox, Crank, Crutchfield, Curlett, Dance, Davidson, Davis, Dickerson. Dickenson, Dyer, Echols, Edmunds, Edwards, Evans, Farr, Fauntleroy, Ficklin, Finney, Fowler, Fry, Fulkerson, Fulton, Goode, Graves, Gray, Green, Hall, Hanger, Hardesty, H. II. Harrison, Harvie, Healy, Henkel, Henson, R. D. James, Waddy T. James, Johnson, Johnston, Jordan, Keyser, Kyle, Lady, Lee, Lovell, Luck, McCabe, McCaull, McConnell, McCraw, McDaniel, McMullen, Michie, Moncure, Mushbach, Nelson, Norton, Parrish, Pitts, Popham, Pulliam, Reese, Edmund C. Robinson, J. H. Robinson, Ryland, Sandidge, Shannon, Shelburne, Shriver, Shumate, E. H. Smith, J. Howard Smith, Spessard, Stevens, Sykes, William B. Taliaferro, Warner T. Taliaferro, William Taylor, Trout, Van Lear, George Walker, Joseph Walker, William M. Walker, Wallace, Walsh, Watson, Whitacre, Smith J. R. White, Thomas M. White, Wilkinson, Witmer, Wingfield, Witten, and Wright-144. For BRADLEY T. JOHNSON-Peter J. Carter-1. |