THE UNIVERSITY 
 
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 LIBRARY 
 
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JOURNAL 
 
 THE SENATE 
 
 \ 
 
 OF THE 
 
 STATE OF WEST VIRGINIA, 
 
 FOR THE FOURTH SESSION, 
 
 Commencing January 16 , 1866 . 
 
 WHEELING: 
 
 JOHN FREW, PUBLIC PRINTER. 
 
 1866 . 
 
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 JOURNAL. 
 
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 TUESDAY, January 16, 1866. 
 
 The members of the Senate assembled at their chamber at 10 
 o’clock, A. M., and were called to order by the clerk. 
 
 After prayer by Prof. W. R. White, the clerk submitted the 
 returns of the election held on the 27th day of October, 1865, for a 
 Senator, for each of the ten senatorial districts of the State, and 
 presented a list showing, that the following persons appear by said 
 returns to be elected : 
 
 First District — Isaac H. Duval, of Brooke county. 
 
 Second District — James Burley, of Marshall county. 
 
 Third District — John S. Burdett, of Taylor county. 
 
 Fourth District — Daniel Haymond, of Ritchie county. 
 
 Fifth District — Edward S. Mahon, of Jackson county. 
 
 Sixth District — Emmet J. O’Brien, of Barbour county. 
 
 Seventh District — D. H. K. Dix, of Putnam county. 
 
 Eighth District — John Cook, of Wyoming county. 
 
 Ninth District — Henry M. Mathews, of Greenbrier county. 
 
 Tenth District — Joseph A. Chapline, ol Jefferson county. 
 
 The clerk then called the roll, and the following members, old 
 and new, answered to their names : 
 
 Messrs. Burley, Burdett, Chapline, Chambers, Corley, Dix 
 Duval, Hawkins, Kitchen, Mahon, Maxwell, Peck, Price, Slack, 
 and Stevenson — 15. 
 
 Absent — Messrs. Cook, Haymond, Mathews, O’Brien and 
 Wright — 5. 
 
 The members elect, who were present, then came forward and 
 were qualified according to law. 
 
 The clerk stated that the first business in order was the election 
 of a president of the Senate. 
 
 There being no nominations, the members proceeded to ballot for 
 a president. 
 
 The first ballot resulted as follows : 
 
 For Aaron Hawkins, 6 votes ; for William E. Stevenson, 5 ; for 
 William Price, 2; for Greenbury Slack, 1; and for Bethuel M 
 Kitchen, 1. Total 15. Necessary to a choice, 8. So there was no 
 election. 
 
 1012651 
 
4 
 
 Journal of the Senate. 
 
 The second ballot resulted as follows : 
 
 For William E. Stevenson, 10; for Aaron Hawkins, 4; and for 
 Daniel Peck, 1. Total 15. Necessary to a choice, 8. 
 
 So, Mr. Stevenson, having received a majority of the whole num- 
 ber of votes cast, was declared elected president of the Senate ; and 
 the clerk having appointed Messrs. Peck and Hawkins to conduct 
 he presiden t to the chair, they performed that duty ; and Mr. 
 Stevenson accepted the position in an appropriate address, and 
 entered upon the discharge of his duties. 
 
 Mr. Haymond appeared and was qualified. 
 
 On motion of Mr. Maxwell, 
 
 Resolved , That Ellery R. Hall is hereby appointed clerk of the 
 Senate. 
 
 On motion of Mr. Mahon, 
 
 / Resolved , That Alpheus D. Hagans, be appointed Sergeant-at- 
 arms of the Senate. 
 
 For Doorkeeper of the Senate, Mr. Burley nominated William 
 M. Dunnington, of Marion county, and Mr. Dix nominated Mr. 
 Richard G-. Mahon, of Jackson county. 
 
 The first ballot resulted as follows : 
 
 For R. 0. Mahon, 11; and for William M. Dunnington, 5. Total, 
 16. Necessary to a choice, 9. So, Mr. Mahon was elected. 
 
 On motion of Mr. Peck, 
 
 Resolved, That the President be authorized to appoint two pages 
 for this body. 
 
 The President appointed under this resolution, Masters, E. S. 
 Dillon and Charles H. Pumphrey. 
 
 Mr. Henry M. Mathews, Senator elect for the 9th district 
 through the President, presented a paper, showing that he had 
 taken and subscribed before a Notary Public in Greenbrier county, 
 an oath to support the constitution of the United States, and to 
 faithfully perform the duties of the office of Senator to the best of 
 his skill and judgment, which was read. 
 
 On motion of Mr. Burdett, Mr. Mathews was permitted to 
 address the Senate in explanation of his position, and that of his 
 constituents. 
 
 At the conclusion of Mr. Mathews address, the President stated 
 that the oath referred to as taken by the gentleman, was not the 
 oath required by law. 
 
 But no action was taken by the Senate. 
 
 On motion of Mr. Hawkins, 
 
 Resolved , That a committee of two be appointed to inform the 
 House of Delegates, that the Senate is organized and ready to pro- 
 ceed to business. 
 
Journal of the Senate . 5 
 
 The President appointed as such committee, Messrs. Hawkins 
 and Maxwell. 
 
 A message from the House of Delegates by Messrs. G-ofF, Camden 
 and McWhorter, informed the Senate, that the House was organi- 
 zed, and ready to proceed to business. 
 
 On motion of Mr. Maxwell, 
 
 Resolved, That a committee of two, on the part of thd Senate, 
 and three, on the part of the House of Delegates, be appointed to 
 inform the Governor, that both Houses of the Legislature are now 
 organized and ready to receive any communication he may desire 
 to make. 
 
 Messrs. Maxwell and Chapline were appointed such committee 
 on the part of the Senate, and were directed so to inform the House. 
 
 A message from the House of Delegates by Mr. McWhorter, 
 announced that the House had adopted the following resolution, 
 and asked concurrence ; and had appointed thereunder, on the 
 part of the House, Messrs. Hornbrook, Hagans and Fleming : 
 
 Resolved, That the House appoint three, and the Senate be re- 
 quested to appoint two members of a committee to wait upon His 
 Excellency, the Governor, and inform him of the organization of 
 their respective Houses. 
 
 The Senate concurred in said resolution, and appointed on its 
 part, Messrs. Maxwell and Chapline. 
 
 Mr. O’Brien appeared and was qualified. 
 
 The Governor’s Message was then received, and read as follows : 
 
 STATE OF WEST VIRGINIA, 
 Executive Department, Wheeling, Jan. 16, 1866. 
 
 Gentlemen of the Senate 
 
 and House of Delegates : 
 
 You have assembled under more favorable auspices than any 
 preceding legislature of our State. Since the adjournment of the 
 last legislature, the War has been brought to a close by the 
 triumph of the National arms and the suppression of the Rebellion. 
 The evacuation of the pretended Rebel Capital, and the flight of 
 the chief conspirators, was followed, by the surrender and disband- 
 ing of their armies, and by the acknowledgment of the National 
 authority everywhere throughout the entire land. It is a matter 
 of congratulation among ourselves, as of profound gratitude to 
 Almighty God, that through His blessings the War has thus been 
 brought to a successful and happy termination. 
 
 RECONSTRUCTION IN THE SOUTH. 
 
 The process of reorganizing the rebel States has progressed as 
 rapidly as, under the circumstances, could have been desired, and 
 certainly more rapidly than was at first expected. In most of them, 
 civil organization has been in a measure restored : the dangerous 
 
6 
 
 Journal of the Senate. 
 
 and unwarranted doctrine of secession has been abandoned ; the 
 debts created in support of the Rebellion have been repudiated; 
 and the abolishment of Slavery has been recognized either by sepa- 
 rate state action or by the ratification of the Amendment to the 
 Constitution of the United States. 
 
 But while this much has been done, and it may be that the 
 people of the South generally recognize and accept the fact that 
 the Rebellion is ended, and do not commit open violence, yet there 
 are frequent manifestations of a spirit of discontent and bitterness, 
 and, at times, of disloyalty, which are subject to serious objection, 
 and tend very much to delay the full and complete return of those 
 States to their original position and standing in the Union. Many 
 pf these States have elected senators and representatives to Con- 
 gress. Some of them will, and perhaps should, be allowed represen- 
 tation soon, while to others it will very properly be denied for a 
 time Certainly no one should be admitted as a member of either 
 Hou’se who has voluntarily participated in the Rebellion. 
 
 It has seemed to me that too great anxiety is manifested on the 
 part of those who actively engaged in the Rebellion to repossess 
 themselves of place and power. They are too impatient under the 
 safeguards that it has been deemed necessary to adopt for the 
 protection and preservation of the Government. They were engaged 
 four long years, with all the means they could command, in their 
 efforts to sever the Union and subvert the Constitution. They 
 persistently reject all overtures of reconciliation on the basis of 
 the integrity of the Union, until they were compelled by the strong 
 arm of power to surrender and submit to the lawful authority. It 
 has scarcely been nine months since their’rebellious organization — 
 stable and powerful as they supposed — was bidding defiance to the 
 Government ; yet now they gravely insist upon the right to imme- 
 diate participation in the making and administration of the laws of 
 that Government, in the same manner and as 'fully as if they had 
 not so recently sought its destruction. It must be apparent that 
 time should be taken on this subject. Nevertheless, it is no doubt 
 the desire of every patriot in the land that at no very distant 
 period it may be found compatible with the safety and interest of 
 the whole country to restore to these States their due representa- 
 tion in the Government, and that the whole may once more become 
 an united, harmonious and happy people. 
 
 REORGANIZATION IN THE STATE. 
 
 Permanent civil organization has been restored throughout our 
 own State, except in five or six counties on the extreme eastern 
 border. These have been partially organized, and would have been 
 entirely so, had my efforts to that end been seconded as they should. 
 But I regret to be compelled to state that many of the intelligent 
 and leading participants in the Rebellion, instead of counselling 
 observance of the law, have pursued a course of conduct that has 
 prevented complete organization in the five or six counties mention- 
 ed. These parties either became candidates themselves, or induced 
 others who, like themselves, had committed acts of disloyalty, to 
 become candidates for office, at the election in October last ; and 
 
Journal of the Senate. 7 
 
 irra number of cases these ineligible parties were elected. They 
 cannot take the oath of office prescribed by existing law, and as a 
 consequence, these offices are not filled by persons elected by the 
 people, but their functions, are performed, as far as it is practicable 
 to have them performed at all, by appointees. 
 
 JUDGE OF NINTH CIRCUIT. 
 
 At the same time, an election was held for a judge of the Ninth 
 Judicial Circuit, and Samuel Price, Esq., of the county of Green- 
 brier, claims that he received a majority of the votes for that office 
 and is therefore entitled to the commission. From some cause 
 unknown to me, I have not received the official returns of the elec- 
 tion from all the counties in the circuit, and therefore cannot tell 
 who received the greatest number of votes, but am inclined to 
 think that Mr. Price has a majority. It is well known to me, how- 
 ever, that at the close of the Rebellion, and for some time previous, 
 he held the influential position of Lieutenant-Governor in the rebel 
 government of Virginia, and of course he cannot take the oath of 
 office prescribed by our law. I have, on this account, taken the 
 responsibility of declining to issue a commission to him for the high 
 and responsible position to which he claims to have been elected. 
 
 I cannot commission to so high and important an .office one who 
 has so recently been engaged in efforts to destroy the State and to 
 overthrow the Government of the United States. 
 
 BAD FAITH OF RETURNED REBELS. 
 
 As intimated, the result of these elections are due mainly to the 
 teachings of leading and intelligent men who have been actively 
 engaged in the rebellion, and who were well aware of the ineligi- 
 bility of the candidates, if successful. They taught that the oath 
 of office prescribed by the act of November 16, 1863, would not be 
 exacted, and that therefore participants in the Rebellion would be 
 allowed to execute the duties of offices to which they might be 
 elected. They advised further that the officers of elections were 
 not required to take said oath ; and that the law of Febuary 25, 
 1865, prescribing an oath for challenged voters was unconstitu- 
 tional and void, and should therefore be disregarded. They thus in 
 many instances, secured persons in the same category, or in sympa- 
 thy, with themselves, to act as supervisors and inspectors of elec- 
 tions, who held the elections without being sworn, and, pursuing 
 the advice given, they refused to exact of voters the test oath of 
 loyalty, notwithstanding they had been challenged as the law 
 prescribes. The consequence was that at many of the voting places 
 the election was conducted wholly in disregard of the laws of the 
 State, and persons were elected who cannot qualify. And now new 
 elections must be held, or the oath of office amended so that it may 
 be taken by those who have been elected. 
 
 ENFORCEMENT OF OATHS OF LOYALTY. 
 
 After the war ended and peace’ was being restored, I entertained 
 the hope that I would be able at this session of the Legislature to 
 recommend the modification of the more stringent laws in regard to 
 
8 
 
 Journal of the Senate. 
 
 the election and qualification of officers ; but after what has trans- 
 pired at the first and only election held since the close of the war 
 in the localities where disloyalty had most prevailed, I cannot make 
 such recommendation. On the contrary I now T think it the duty of 
 the Legislature to so amend these laws that their execution may 
 the more certainly be secured. And to this end I recommend, 1st, 
 that you provide for a registry of voters as authorized by the 
 Constitution, Art iii, Sec. 12; 2d, that you declare distinctly that 
 all officers of election shall take the oath of office, prescribed by 
 the act of November 16, 1863, and, if they fail to do so at any place 
 of voting, that the vote where such failure occurs shall be void and 
 shall not be counted ; 3d, that you require all the county and the 
 principal township officers to qualify before the circuit court of the 
 county, or the judge thereof in vacation. These amendments, it 
 seems to me, will insure the purity of elections and the due and 
 proper enforcement of the laws. And in order that there may be 
 no failure in the administration of the laws where a person is elec- 
 ted who cannot qualify, and, at the same time, frequent elections 
 may be avoided, it may be proper to amend the law so that vacan- 
 cies may be filled until the succeeding annual election, instead of 
 holding special elections as now provided by law ; and that the 
 vacancies in the principal township offices may be filled, as many 
 county offices now are, by the circuit court, or the judge in vaca- 
 tion. 
 
 I know that the passage of the laws to which I have referred has 
 been attributed to a vindictive and unkind spirit on the part of 
 the loyal people towards those who have hitherto committed acts 
 of disloyalty, but I confidently affirm that they were not so inten- 
 ded by those who passed them ; nor am I actuated by any such 
 spirit in recommending their amendment and enforcement. When 
 they were passed it was deemed necessary to adopt some measures 
 of protection against the evil influences which those in rebellion 
 were exerting within our State ; and it was intended, no doubt, as 
 soon after the war concluded as the hitherto disloyal should mani- 
 fest their purpose to observe the laws and support the government 
 of the State, that the acts complained of should be modified or 
 altogether repealed. But I confess my disappointment in finding 
 that, instead of observing the laws, and counselling others to do so, 
 many of those who have professed to renounce their disloyalty, 
 have seized the first occasion to set at naught those laws, and have 
 induced others to wholly disregard them. Under these circum- 
 stances I believe it to be the duty of the Legislature, not only to 
 allow the present acts to remain, but to add thereto such provisions 
 as will secure their certain and continued execution, until those who 
 manifest this disorganizing spirit shall conform thereto, or, if they 
 consider themselves aggrieved, shall seek redress in a legitimate 
 mode. 
 
 JEFFERSON AND BERKELEY. 
 
 During the last Fall, and since the return to the county of Jeffer- 
 son of persons who had been actively engaged in the Rebellion, 
 there has been a party in that county who prefer living within the 
 
9 
 
 Journal of the Senate. 
 
 jurisdiction of Virginia rather than in West Virginia, and have been 
 contending that all that has been heretofore done for the purpose 
 of transferring that county, and the county of Berkeley from the 
 former State to the latter, is irregular, unconstitutional and void, 
 and does not effect the purpose intended. And in accordance with 
 their views on this subject, they made preparations and declared 
 their purpose to hold an election in Jefferson county on the 12th 
 day of October, for members of the General Assembly of Vir- 
 ginia, and for a representative in Congress from that State ; that 
 being the day appointed by the proclamation of the Governor of 
 Virginia for filling all vacancies in the legislature of the State and 
 in the representation in Congress from that State. Upon being 
 satisfied that it was their determination to hold the election at the 
 time mentioned, I, on the 9th day of October, issued my proclama- 
 tion, warning all persons against attempting to hold such election, 
 and directing the arrest of any who should attempt it. But as the 
 civil authorities alone would not have been sufficient to prevent 
 the holding of the election and to arrest the offenders, if resistance 
 had been offered, I requested Maj. General W. H. Emory, com- 
 manding the District of West Virginia, to aid the civil officers in 
 maintaining the laws ; and it affords me pleasure to acknowledge, 
 in this official manner, the promptness with which that gallant 
 officer responded to this, as he has to all calls made upon him since 
 he has been in command within this State. As a consequence of 
 these precautionary measures, no election was held. 
 
 I am assured, and have no doubt of the fact, although not offi- 
 cially informed of it, that, at the instance of the malcontents refer- 
 red to, the General Assembly of Virginia, at its present session, 
 has repealed the laws giving the consent of that State to the an- 
 nexation of the counties of Berkeley and Jefferson to West Vir- 
 ginia. It is believed that this repeal cannot effect the status of these 
 counties ; but in order to avoid further controversy on the subject, 
 it has been deemed proper to obtain the sanction of Congress to 
 their transfer from one State to the another. For this purpose a 
 bill has been introduced into Congress, wffiich it is expected will 
 pass, and thus quiet and harmony will be restored to the commu- 
 nity interested. 
 
 The effort to set up the authority of another State in the county 
 of Jefferson, and the many obstructions thrown in the way of the 
 execution of the laws in other portions of the State, have induced 
 me to look into the law for a remedy, but there seems to be none 
 provided. Chapter 190 of the Code of 1860 might have embraced 
 the effort to establish the authority of another State within the 
 limits of this State, but this chapter was repealed by the act of 
 March 3, 1864,' and I can now find no law on the subject. There 
 is no punishment at all provided for in many cases of resisting the 
 execution of the laws, and, where there is such provision, it will 
 be found wholly insufficient. While I do not propose to prescribe 
 the details of legislation that may supply these ommisions, I com- 
 mend the subject to your careful consideration. 
 
 2 
 
10 
 
 Journal of the Senate. 
 
 THE COLORED PEOPLE. 
 
 The recent amendment to the Constitution of the United States 
 completes the abolition of slavery and leaves the colored people’ in 
 our midst free, a fact which should be borne in mind and recogni- 
 zed. Under the constitution of our State they cannot vote or hold 
 office, but they are entitled to security and protection of person and 
 property, Which should be guaranteed to them by proper legislation. 
 An important step towards the accomplishment of this purpose, 
 and one it seems to me you should not hesitate to take, is the remo- 
 val of the restrictions upon their competency as witnesses. Until 
 this act of justice is done, all other guarantees are fruitless, and 
 these unfortunate people are left to the mercy of any one who 
 chooses to inflict injury upon them. 
 
 SUITS BY REBELS. 
 
 An act was passed at the last session of the legislature “to pre- 
 vent prosecution of suits and the sueing out of process by persons 
 engaged in the rebellion.” This act provides that the defendant 
 in any suit may require the plaintiff to file an -affidavit that he has 
 not participated in the rebellion, and if he fails to file the same, 
 his suit shall be dismissed. It seems to me that this law is of doubt- 
 ful expediency. If it was intended to prevent rebels from sueing 
 loyal men for acts done during the rebellion ; it will be seen that 
 while this object is effected, its provisions apply equally to any act 
 done or contract entered into at any time after its passage. So that 
 if it remains as it is, no person who has 'taken part in the rebellion 
 can at any time in the future prosecute a suit of any kind. This 
 being the case, they cannot enforce any contract they may make. 
 They can neither buy nor sell with safety to themselves, unless the 
 transaction is completed at the moment — for they cannot enforce 
 the contract by suit. Thus you have a number of the population 
 of the State who can engage in no business and must necessarily 
 become drones in society. It may be said that if they are not satis-** 
 fled w T ith our laws they can leave the State. But those that own 
 property cannot sell it even for that purpose, as by this law they 
 are not allowed to enforce their contracts. I recommend that this 
 act be at least so modified as not to apply to any transaction since 
 the end of the war. 
 
 FINANCES — THE AUDITOR’S REPORT. 
 
 The condition of the Finances will appear from the Reports of 
 
 the Auditor and Treasurer to be as follows : 
 
 Balance remaining in the Treasury, January 1, 1865, $297,210 87 
 Receipts from all other sources during the fiscal year 
 ending Dec. 31, 1865 $381,383 92 
 
 Total receipts, $678,593 79 
 
 Disbursements during the year ending Dec. 31, 1865, 417,210 55 
 
 Balance in Treasury January 1, 1866, $261,383 24 
 
 Duduct amount belonging to School Funds not sub- 
 ject to appropriation for any other purpose, 81,992 53 
 
11 
 
 Journal of the Senate. 
 
 Balance in Treas’y for general purposes, Jan. 1, 1866, $179,390 71 
 
 Estimated receipts for current year, 450,000 00 
 
 Estimated total receipts $629,390 71 
 
 Ordinary expenses for current year, 190,023 33 
 
 Amount subject to extraordinary appropriation by 
 the Legislature, $439,367 38 
 
 It will be seen that the Auditor has estimated the ordinary ex- 
 penses of the State government for the current year at less than 
 one-half of what they were in 1865. In this, I have no doubt, he 
 is correct ; and it may be accounted for mainly from the fact that 
 the war having ended, many comparatively heavy expenses that 
 were necessarily incurred during its continuance are no longer 
 required. Nor do I think that the Auditor has over-estimated 
 the receipts into the Treasury for the current year. Indeed I 
 am inclined to think the amount will exceed that reported by him. 
 During the war revenue was collected from only about one-half the 
 counties in the State,, This year it will be collected from all ; and 
 it seems to me that, if his estimate is not in fact too low, it may 
 certainly be relied upon as a safe one. 
 
 TAXES ON DELINQUENT LANDS. 
 
 I invite your attention to the many valuable suggestions accom- 
 panying the Auditor’s report, only two or three of which I shall 
 notice specially : 
 
 It is apparent that some amendment is needed to the law pre- 
 scribing the mode of enforcing the payment of taxes on real estate. 
 As it now stands the payment of taxes on unimproved lands 
 belonging to non-residents cannot be enforced, except that once in 
 five years the lands may be sold for the delinquent taxes ; while 
 our own citizens may be compelled to pay their taxes regularly. 
 Many non-resident land owners avail themselves of the provisions 
 of the present law, and the State is thus, in many cases, for years 
 deprived of the use of revenue that 'should be paid into the Treas- 
 ury annually. In addition to considerations connected directly 
 with the revenue, these non-resident landholders are, by the pres- 
 ent law, favored in holding on to their lands in an uncultivated 
 condition ; and thus very greatly retard the improvement and pros- 
 perity of our State. I r&commend that the law be so amended as 
 to require a sale of delinquent lands once in two years, with a 
 limitation of redemption to one year after the sale. 
 
 RE-ASSESSMENT OF LANDS. 
 
 There has been no assessment of the real property within this 
 State since 1856. Taxes are being collected on a valuation made 
 ten years ago. Great changes have taken place in the value of real 
 estate generally within that time, and many cases of inequality of 
 taxation exist. The propriety of a re-assessment, as suggested by 
 the Auditor, appears to me so obvious that I deem it unnecessary 
 to add any thing further to what he has so appropriately said on 
 the subject. 
 
12 
 
 Journal of the Senate. 
 
 THE FISCAL YEAR. 
 
 I endorse the suggestion of the Auditor that the law of the last 
 session changing the fiscal year should be repealed. Heretofore 
 the fiscal year ended on the 30th day of September. By this law 
 it is made to correspond with the calendar year. The Constitution 
 provides that the legislature shall meet on the third Tuesday of 
 January. It is required that the several officers of the State 
 government shall make their reports of the business of the year, 
 and submit them to the Governor, whose duty it is to lay them 
 before the Legislature, and in the meantime to examine them in 
 order that he may comply with that provision of the Constitution 
 requiring him to “communicate to the legislature at each session 
 thereof the condition of the State, and recommend to their consid- 
 eration such measures as he may deem expedient. ” As, under the 
 law of the last legislature, the fiscal year ends on the 31st of 
 December, the several reports cannot be completed until after that 
 time, and as a consequence they do not get into the hands of the 
 Governor in time to enable him to examine them and use their 
 contents, as he should, in preparing his message to the legislature. 
 Everything that appears in this communication, as based upon 
 those reports, is taken from loose sheets and memoranda kindly 
 furnished me in advance by the several officers. My opinion is that 
 the legislature should not hesitate to repeal the late law and restore 
 the fiscal year as it was before the change was made. 
 
 THE DEBT OF VIRGINIA. 
 
 The constitution of our State, Art. viii, sec. 8, provides that “An 
 equitable proportion of the public debt of the Commonwealth of 
 Virginia, prior to the 1st day of January, 1861, shall be assumed 
 by this State ; and the legislature shall ascertain the same as soon 
 as practicable, and provide for the liquidation thereof by a sinking 
 fund sufficient to pay the accuring interest, and redeem the prin- 
 cipal within thirty-four years.” The execution of this provision of 
 the Constitution has heretofore been impracticable on account of 
 the existence of the War, but now that peace is happily restored, 
 there is no reason, as there is no desire on our part, for further 
 delay ; and it devolves on you to take action with a view to an 
 early and satisfactory settlement of all financial matters between 
 the two States. I, therefore, recommend that you appoint, or 
 provide for appointing, commissioners on behalf of this State to 
 meet like commissioners from Virginia, for the purpose of making 
 the contemplated settlement; and in the event that they fail to 
 conclude an adjustment, that you authorize the selection of an 
 umpire whose decision shall be final. And it may be well to pro- 
 vide for notifying the Executive of Virginia of your action, in order 
 that he may lay the same before the legislature of that State for 
 their consideration. 
 
 THE OHIO RIVER BED. 
 
 It is represented to me that there are extensive veins of the finest 
 coal for manufacturing purposes under the bed of the Ohio river 
 for a considerable distance within this State, and that persons have 
 
13 
 
 Journal of the Senate. 
 
 sunk shafts at several points on the bank of the river, and are 
 mining the coal and disposing of it for their own private profit. If 
 there is coal under the bed of the river as represented — and I am 
 inclined to believe there is — it is the property of this State, and 
 may be made a source of considerable revenue. I suggest that an 
 enquiry be instituted for the purpose of ascertaining the truth in 
 regard to this matter, and if it be found as represented, that the 
 legislature provide for the sale of the coal, under the supervision 
 of the circuit courts of the counties within which it lies, and for 
 the payment of the proceeds thereof into the Treasury. 
 
 MILITARY- 5 — REPORT OF THE ADJUTANT-GENERAL.- 
 
 From the report of the Adjutant-General it may be seen that 
 this State furnished 31,884 troops to the United States service 
 during the war, nearly all of whom were three years men. It may 
 also be seen that the bounties paid to troops by the organized coun- 
 ties of the State amount in the aggregate to near $2,000,000. The 
 precise sum is not yet ascertained. This, it may be remarked, was 
 paid to those who enlisted in the latter years of the war. The 
 earlier recruits receiving no such bounty, and very little from any 
 quarter, but it is expected that Congress, during the present session, 
 will in a measure repair this ’apparent injustice. When we take 
 into consideration the facts that parts of the State were within the 
 rebel lines during the whole war; that at no time had we civil 
 organization in more than two-thirds of the counties ; and that 
 many of these were subject to frequent and ruinous rebel raids, and 
 the worst form of guerilla warfare, it is a matter of no little credit 
 to the energy and patriotism of our people that the State has sup- 
 plied so many men to the loyal cause. And while we rejoice that 
 we were able thus to contribute to the strength of the army and 
 / the happy conclusion of the war, it is due to the soldiers them- 
 selves that we make public acknowledgment of the high character 
 -for bravery and soldierly bearing w T hich they at all times displayed 
 in the field. They have won imperishable laurels for themselves, 
 and have done great honor to the name of their State. 
 
 As soon as it became evident that active hostilities had ceased I 
 made every possible effort to have our troops mustered out of ser- 
 vice, and was so far successful that from the 10th of June to the 
 11th of August, all wg*:e discharged and sent home, except the 
 Sixth Cavalry. This regiment, with troops from other States, was 
 ordered west of the Mississippi, and although I have made use of 
 all reasonable means to procure its muster out, they have been 
 unavailing. It is not my purpose, however, to complain of the 
 War Department on this subject, as I feel assured that the services 
 of the volunteer troops thus retained were required and they were 
 legally retained — some in the South and some in the West — until 
 the condition of the Southern States became such that the regular 
 army would be sufficient for all military purposes throughout the 
 country. The discharge of this, our last regiment in the service, 
 is confidently looked for at an early day. 
 
 The report of the Adjutant-General is a document of great inter- 
 est to all the loyal people of the State, and especially is it so to 
 
14 
 
 Journal of the Senate. 
 
 the soldiers who are living and the friends of those that are dead. 
 This report, in connection with the one made by the same officer a 
 year ago, would constitute a complete history of ewery West Vir- 
 ginia regiment, and of every officer and private who served in all 
 our regiments from the time he entered the service until his term 
 ended by death, discharge, dismissal or resignation, were it not for 
 the fact, before mentioned, that the Sixth Cavalry has not yet been 
 mustered out, it is expected however that this regiment will be 
 mustered out before the report is printed, and, in that event, its 
 history may be incorporated, and thus complete a work of much 
 practical importance, and at the same time show a military record 
 which will be the pride of every loyal citizen of West Virginia. 
 
 ORGANIZATION OF MILITIA. 
 
 In addition to the facts and figures, and historical matters appear- 
 ing in this report, it contains many valuable suggestions to which 
 I invite your careful attention. Especially would I call your atten- 
 tion to the plan proposed by the Adjutant-General for organizing 
 the militia. This has hitherto been a vexed question, but his plan 
 relieves the subject of many objections made against former methods 
 of organization. It appears to me to be the most feasible and prac- 
 tical mode that has been submitted for making the militia speedily 
 effective when needed, while it does not require the rank and file 
 to drill or leave their homes at all, except when called into active 
 service, and thus saves them much time that is wasted and the 
 many annoyances to which they are subjected in the enforcement 
 of the existing law. As it seems that some organization is deemed 
 indispensible, I commend the one here proposed as worthy of your 
 consideration. 
 
 REPORT OF QUARTERMASTER GENERAL. 
 
 The Quartermaster General’s report shows the transactions of 
 his office. In addition to his regular duties I have committed to 
 this officer the responsibility of paying the companies of State Scouts 
 and Guards that have been organized from time to time during the 
 war for the protection of the border ; and it may be seen from his 
 Report that he has paid out for this purpose, since the organiza- 
 tion of the State, the sum of $213,988 42. It will also be seen that 
 in pursuance of an act passed February 2*^ 1865, and by my direc- 
 tion, he has paid to the militia of Upshur county, who were cap- 
 tured and carried off to Southern prisons in 1863, the sum of 
 $6,950 85. Theke sums added make an aggregate of $220,939 27, 
 which has been expended as a matter of necessity in the efForts to 
 protect the loyal people in the border counties. The State troops 
 who were thus paid, supplied the places of an equal number 'of 
 United States troops, who otherwise would have been required for 
 the same service, and, therefore, in my judgment, the money so paid 
 out constitutes a just claim against the government of the United 
 States. I have caused the evidence of these payments to be pre- 
 pared in proper and convenient, form ; and as it is expected that 
 application will be made to Congress for the re-imbursement of 
 claims of this character, I recommend that, if, after due investiga- 
 tion, you concur with me, you adopt resolutions setting forth the 
 
Journal of the Senate. 15 
 
 justice of the claim and requesting Congress to provide for its 
 payment. 
 
 MILITIA CLAIMS. 
 
 The board of Claims, consisting of the Auditor, Adjutant-General 
 and Quartermaster General, constituted by an act passed February 
 25, 1865, have made their report, which is herewith communicated. 
 It may be seen that the Board have reported in favor of the justice 
 of claims amounting in the aggregate to $148,399 99, all of which 
 have grown out of the military transactions within the State during 
 the war. The report is submitted for your consideration. If you 
 shall be of the opinion that these claims should be paid, provision 
 should be made therefor. 
 
 FREE SCHOOLS. 
 
 The report of the State Superintendent of Free Schools will be 
 found among the documents herewith communicated. Its comple- 
 tion was unavoidably delayed to so late an hour that I have had 
 little time for its examination. Allow me, however, to call your 
 attention to that part' of the report in which the necessity for 
 normal schools is discussed. The want of competent teachers is 
 seriously felt throughout the State, and is one of the greatest 
 difficulties in the way of putting into successful operation our free 
 school system, and indeed of keeping up primary schools of any 
 character whatever. Normal schools may be made the means of 
 relieving us of this difficulty by affording special facilities to those 
 who desire to teach, of preparing themselves for the arduous and 
 important duties of their vocation. Without referring further to 
 this report, I invoke the fostering care of the Legislature over that 
 of which it treats, and which may be made the great power for 
 the elevation of the masses — -the free Schools of our State. 
 
 IMMIGRATION. 
 
 The report of the Commissioner of Immigration is herewith 
 transmitted. It is an able and interesting document, and discusses 
 most thoroughly the subject of immigration and the great benefit 
 that must result to the State from its proper encouragement. It 
 also contains important suggestions which I trust will be duly con- 
 sidered,and responded to by the Legislature. We cannot hope for 
 the development of the resources and capacities of our State until 
 we secure the influx of additional population and capital. This 
 can be accomplished by making known through intelligent and 
 energetic agents the inducements there are to come here, and by giv- 
 ing assurances of a fair return for labor and capital expended. If 
 we fail to take proper action, immigrants will pass us by and go 
 to states that have adopted a more liberal and enlightened policy. 
 
 The office of the Commissioner without reasonable compensation, 
 as is the case under existing law, will not effect much. The compe- 
 tent incumbent of the office has done all that he could do with the 
 meagre means at his command to induce immigration into our State, 
 but he has been able to do little more than to lay the foundation 
 for future action ; and unless his efforts are seconded by the Legis- 
 lature, what he has done may go for naught. It may be seen from 
 
16 
 
 Journal of the Senate. 
 
 his report that he has expended considerable of his own means, and 
 has incurred other obligations. I think that the Legislature should 
 not only provide for these expenditures and obligations, but should 
 make such provision for the future as will make the office effective 
 for the purpose of its creation, or should abolish it altogether. 
 
 UNIVERSAL EXHIBITION AT PARIS. 
 
 In connection with this subject, it is proper that I should men- 
 tion the Universal Exhibition to be opened at Paris, France, in 
 April, 1867, which is referred to at considerable length in the 
 report of the Commissioner. This State is invited to participate in 
 that Exhibition, and it is urged that, if the mineral, agricultural, 
 manufactural, and other productions of West Virginia, were placed 
 in the hands of a proper representative for exhibition on that occa- 
 sion, this would tend to promote immigration to the State. I sub- 
 mit the matter for your consideration. 
 
 HOSPITAL FOR THE INSANE. 
 
 The report of the Directors of the Hospital for the Insane, at 
 Weston, with the accompanying documents, is herewith submitted. 
 It will be seen that the small portion of the building that is finished 
 for the reception of patients, is crowded to its Utmost capacity, 
 and that numerous applications for admission have been rejected. 
 The great number of the afflicted class of community, for whose 
 relief this institution was intended and who are excluded from its 
 benefits for want of sufficient accommodations, are not only entitled 
 to our sympathy, but demand at our hands the completion of the 
 building at the earliest possible period. I most earnestly renew 
 the recommendation made to former sessions of the legislature that 
 a liberal appropriation be made for this purpose. 
 
 LUNATICS AT STAUNTON. 
 
 In connection with this subject it is proper that I should bring to 
 your notice the fact that I have received a communication from 
 His .Excellency F. H. Peirpoint, Governor of Virginia, saying that 
 he had been informed by the board of visitors of the Lunatic Asy- 
 lumn at Staunton, that there are near one hundred patients in that 
 institution from West Virginia, and that it was desired that our 
 State should make provision for their support. This, it may be 
 remarked, is an additional fact in proof of the necessity of an early 
 completion of the Hospital at Weston. Meantime, however, it is 
 necessary that the number of the patients at Staunton be ascer- 
 tained, and that you provide the means for supporting them. 
 
 AGRICULTURAL COLLEGE. 
 
 The legislature of this State in accepting the benefits of the act 
 of Congress of July 2, 1862, donating lands to States that should 
 provide colleges for the benefit of agriculture and the mechanic 
 arts, also accepted the conditions contained in that act. One of 
 the express ..conditions contained both in the act of Congress and 
 our act of acceptance, of October 3, 1863, is that this State shall, 
 within five years from the second day of July, 1862, provide one 
 
17 
 
 Journal of the Senate. 
 
 college as therein described, “ or the grant shall cease, and the 
 State shall be bound to pay to the United States the amount 
 received. ” 
 
 Another condition of both the donation and acceptance is, that 
 n© portion of the fund shall be applied to the purchase, erection, 
 preservation or repair of any building or buildings. But it is pro- 
 vided that ten per centum of the amount received by the State 
 may be expended for the purchase of land for sites or experimental 
 farms, whenever authorized by the legislature. 
 
 I have not received an exact report from the agent employed to 
 make sale of the scrip received by the State, and, therefore, cannot 
 state the precise sum for which it has been sold, but the legislature 
 may rely and safely act on the assurance that the receipts will 
 amount to over seventy-five thousand dollars. 
 
 The five years within which the State is required to provide the 
 college are rapidly passing away, and will expire on the 2d of July, 
 1867, and it must be apparent that if this session of the legislature 
 is allowed to pass without taking the necessary steps to provide the 
 contemplated college, it will be impossible, within the time there- 
 after remaining, to comply with the conditions of the donation ; 
 the donation itself will be absolutely forfeited, and it will be left 
 for the next legislature simply to direct the return of the proceeds 
 of the sale of the scrip to the United States. 
 
 As the law of Congress prohibits the use of any portion of the 
 fund arising from the sale of the scrip, for defraying the expenses 
 of the sale, the legislature in the act of 1863 made an appropria- 
 tion for that purpose, but this provision of that act has been 
 inadvertently superseded by subsequent legislation, and it there- 
 fore becomes necessary to renew the appropriation. 
 
 . STATE STOCKS IK BANKS. 
 
 All the banks of the State have availed themselves of the pro- 
 visions of the act of the Legislature passed February 17, 1865, and 
 have become banking associations under the laws of the United 
 States. The State had stock in the North-Western Bank of Vir- 
 ginia, the precise amount of which cannot be ascertained until 
 there is a settlement between this State and the State of Virginia. 
 This bank and its two branches have become three independent 
 national banks, to-wit : The National Bank of West Virginia, in 
 the city of Wheeling; The Parkersburg National Bank at Parkers- 
 burg; and the First National Bank of Wellsburg, at Wellsburg. 
 And so much of the stock owned by different departments of the 
 State government in the North-Western Bank of Virginia as has 
 been converted into stock in these national banks is distributed 
 and stands as follows : Three hundred shares in the name of the 
 State proper in the National Bank of West Virginia; one hundred 
 and fifty shares in name of the State and two hundred and fifty 
 shares in the name of the Literary Fund in the Parkersburg 
 National Bank ; and one hundred and eighty-eight shares in the 
 name of the State, and one hundred and sixtv-three shares in the 
 name of the Internal Improvement Fund in the First National 
 
 3 
 
18 
 
 Journal of the Senate. 
 
 Bank of Wellsburg. The State in its different departments still 
 owns stock in the North-Western Bank, the value of which will be 
 paid over as the bank, which is in process of liquidation, is ready 
 to make distribution among the stockholders. The State is the 
 owner of five hundred shares of stock in the First National Bank 
 of Fairmont, which stands in the name of the Literary Fund. 
 The branch of the Exchange Bank of Virginia,- at Weston, has 
 been converted into the National Exchange Bank of Weston, in 
 which the State is also a stockholder, but to what amount is not 
 known precisely, nor will it be known until there is a settlement 
 between this State and the state of Virginia. 
 
 This subject needs legislation. It will be seen that the stock in 
 several of these banks stands in the names of funds or departments 
 unknown to our State organization. An act should be passed 
 transferring this stock to the appropriate departments of our 
 organization; or, as this affords an opportunity for fostering the 
 free schools of our State without taxing the people, I would 
 recommend that all the stocks referred to, and the amount that 
 may arise from the closing up of the North-Western Bank of Vir- 
 ginia, be transferred to and made a part of the “ Free School 
 Fund.” 
 
 “BANK OF VIRGINIA” AT CHARLESTON. 
 
 As contemplated by the resolutions “ Respecting the Branch of 
 the Bank of Virginia, at Charleston,” adopted by the last legisla- 
 ture, I appointed John List, Esq., of this city, “ to examine and 
 report what interest this State had therein, the nature and con- 
 dition of its assets, and the measures necessary to protect the 
 interest of the State in relation thereto. ” That gentleman made 
 the examination required, and took full notes to enable him to 
 prepare a report, but before he had completed it he was overtaken 
 by an accident which resulted in his death, and as a consequence 
 the report was not made. In the meantime, however, he had 
 exhibited to me his memoranda and explained to me the condition 
 of the Bank, which induced me to concur with him in the belief 
 that the assets would pay to depositors and other creditors of a 
 like grade a very small per centum on the debts due them, and 
 that the stock — as the holder of a part of which the State was 
 alone directly interested — was absolutely worth nothing. Being 
 satisfied that the State had no interest therein to protect, I insti- 
 tuted no suit, and took no further action in the matter. 
 
 GETTYSBURG CEMETERY. 
 
 I communicate herewith the annual report of Hon. C. D. Hub- 
 bard, the Representative of this State in the board of commission- 
 ers of the Soldier’s National Cemetery at Gettysburg ; from which 
 it may be seen that the work of enclosing and beautifying the 
 Cemetery, and the erection of a fitting monument to the memory 
 of the brave men who sleep there is progressing satisfactorily. 
 
 PROPOSED CEMETERY AT ANTIETAM. 
 
 I have received a communication from His Excellency, the Gov- 
 ernor of Maryland, enclosing a copy of an act of the legislature of 
 
19 
 
 Journal of the Senate. 
 
 that State, incorporating a board- of trustees, under the name of 
 the “ Antietam National Cemetery,” to whom shall be conveyed 
 in trust a lot of ground on or near the battle field of Antietam 
 “ for the purpose of the burial and final resting place of the 
 soldiers who fell at the battle of Antietam, ” &c., and inviting our 
 State, if so disposed, to unite in that proceeding. 
 
 I have also received a report of the trustees appointed on behalf 
 of the state of Maryland, containing a list of the names of the 
 soldiers who fell, and were buried as they fell, on the battle- 
 ground, and whose remains have not been removed ; from which it 
 appears that twenty-two of the brave men of West Virginia are 
 still lying there as they were first buried, apparently neglected 
 and uncared for. It is for you to say whether this neglect shall 
 longer continue; or shall we, in an appropriate manner, manifest 
 that respect for these gallant dead which their noble sacrifice so 
 justly demands at our hands? 
 
 STATUE OF WASHINGTON. 
 
 It will be recollected that on the return of Major General Hunter 
 from his campaign into Virginia, in the summer of 1864, he turned 
 over to this State a bronze statue of George Washington, taken 
 from the Virginia Military Institute at Lexington. I have recent- 
 ly received a communication from the Adjutant General of Vir- 
 ginia, who is, ex-officio , a member of the board of visitors of the 
 Institute, requesting the restoration of the statue ; but inasmuch 
 as it was originally transferred to the keeping of the State, I 
 declined to take the responsibility of allowing its removal. Yet 
 I have no hesitation in saying that in my opinion it should be at 
 once restored, and in recommending that you authorize it to be done. 
 
 PUBLIC WORKS. 
 
 The turnpike roads in the State require legislation. All those 
 owned by the State, or in which it is a stockholder, are more or 
 less out of repair. Many important bridges were destroyed by the 
 armies, or were allowed to wear out and go to pieces during the 
 war, and as a consequence it is almost impossible to travel by any 
 of the ordinary modes, in many portions of the State. Heretofore 
 the legislature has taken no action on this subject, because of the 
 existence of the war; but now that hostilities have ceased, and 
 the people have returned to their usual vocations, we must restore 
 the facilities for trade and travel — for ingress and egress — before 
 we may expect a renewed prosperity of the State. The Board of 
 Public Works have had no means at their command for this pur- 
 pose, and therefore could do nothing. It remains for you to 
 determine whether this shall be accomplished by the appropriation 
 of money from the Treasury, or by some other method which your 
 better judgment may suggest. 
 
 JAMES RIVER AND KANAWHA CANAL. 
 
 In October last, I received a communication from Thomas H. 
 Ellis, Esq., of Richmond, Va., president of the James River and 
 Kanawha Company, enclosing me a pamphlet containing “ An Act 
 
20 
 
 Journal of the Senate. 
 
 to incorporate the Virginia Canal Company, and to transfer the 
 rights and franchises of the James River and Kanawha Company 
 thereto, ” passed by the General Assembly of Virginia, March 29, 
 1861. The pamphlet also contains a statement of Mr. Ellis, from 
 which it appears that in 1860 an executory agreement was entered 
 into between Messrs. Bellot des Miniers, Brothers and Company, of 
 France, of the one 'part, and the James River and Kanawha Com- 
 pany, of the other part, the object of which w T as, not only to 
 transfer the rights and franchises of the last named company, but 
 to bind the French company to complete the water line or canal 
 between the waters of the Chesapeake Bay and the Ohio River ; 
 and the act of March 29, 1861, w r as passed for the purpose of giv- 
 ing the consent of the commonwealth of Virginia to the agreement, 
 and of conferring on the French company corporate powers to 
 enable them to perform their part of the same. 
 
 The French company failed, on account of the war, probably, to 
 comply with their charter, and it is therefore regarded as forfeited, 
 and as requiring further action for its revival on the part of the 
 legislature of Virginia, and also of the legislature of West Virginia. 
 
 I submit the commuuication of Mr. Ellis, with the accompanying 
 document, for your consideration. If capitalists are willing to 
 construct through our State a work of the magnitude and impor- 
 tance of the one contemplated, it seems to me that they should be 
 granted the most liberal legislation to enable them to do so, guard- 
 ing the same, however-, by such provisions as may be deemed neces- 
 sary for the protection of the interests of the State and its citizens. 
 
 COVINGTON AND OHIO RAILROAD. 
 
 On the 26th of October, last, I received a communication from 
 Williams 0. Wickham, Esq., president of the Virginia Central 
 Railroad Company, on the subject of the completion of the Coving- 
 ton and Ohio Railroad through our State, either as an independent 
 enterprise, or in conjunction with the Virginia Central; and sug- 
 gesting that the co-operation of this State was necessary to the 
 accomplishment of the work, and that action by the legislature 
 might become desirable for the purpose. It is probable that such 
 action will be asked for at the present session. If so, I trust that 
 the application will receive your favorable attention. 
 
 PERMANENT CAPITOL. 
 
 It may be proper for me to state that the lease on the building 
 now occupied as the State capitol expires in 1868. With this state- 
 ment I submit the question of the propriety of early action with a 
 view to a permanent location of the Capitol without making any 
 recommendation whatever on the subject. 
 
 PENITENTIARY. 
 
 In every message since the organization of the State, I have 
 recommended the construction of a penitentiary in which suitable 
 arrangements should be made for the profitable working of the con- 
 victs, as well as for their safe keeping. I now most respectfully but 
 earnestly renew the recommendation. Crime seems to be rapidly 
 
21 
 
 Journal of the Senate. 
 
 increasing, yet there is not a prison in the State where convicts can 
 be “safely kept,” as the law prescribes. The jail of Ohio county 
 is much more secure and its capacity is much greater than any 
 other in the State, and, as authorized by law, I have selected it as 
 the principal prison for the confinement of convicts. But there is 
 no room in it for working them. It must be recollected also that 
 many of those convicts are old offenders, who have learned how to 
 break jail as well as to rob and steal, and it is almost impossible to 
 prevent their escape from any county jail. My information is 
 that the keeper of the Ohio county jail is well qualified for his 
 position, and is entirely honest in the discharge of his duties, yet 
 within the past year nine convicts have escaped, none of whom 
 have been re-captured. I think that provision should at once be 
 made for the location and construction of a penitentiary. 
 
 PARDONS GRANTED. 
 
 In accordance with a provision of the constitution, I communi- 
 cate herewith a list of pardons granted during the past year, with 
 the particulars of the several cases and my reasons for granting the 
 same. 
 
 CONCLUSION. 
 
 In conclusion, gentlemen, I may remark that you have ardu- 
 ous and important work before you. There are many subjects of 
 great interest requiring legislation upon which it was not deemed 
 advisable for your predecessors to take action because during the 
 War some portions of the State could not be fairly represented, 
 and might have considered their interests prejudiced by such 
 action in the absence of their due representation. Legislation on 
 other subjects was omitted because it could not have been made 
 effective during the War. But these grounds of delay have been 
 removed, and now no reason exists why you should not take action 
 on all legitimate subjects of legislation. All portions of the State 
 may be represented, and all needful and properly guarded enact- 
 ments may be made effective throughout the State. I feel assured, 
 therefore, that, however great the responsibility, and arduous and 
 delicate the task devolving on you, it will be performed with a 
 view to the interests, progress and prosperity of all portions of 
 our State, and with the purpose and an ardent desire on your 
 part that it may redound to the good of the whole country. 
 
 Arthur I. Boreman, 
 
 Mr. Burdett offered the following resolutions, which were 
 adopted 
 
 Resolved , by the Legislature, that five thousand copies of the 
 Governor’s message be printed for the use of the Legislature. 
 
 Resolved , by the Legislature, that the documents accompanying 
 the Governor’s message be referred to a special committee of five, 
 three to be appointed for the House, and two for the Senate, to 
 report what portions of the said documents, and the number of 
 each should be printed for the use of the two Houses. 
 
22 Journal of the Senate. 
 
 The President appointed under the second resolution, Messrs. 
 Peck and Mahon. 
 
 On motion of Mr. Hawkins, 
 
 Resolved , That when the Senate adjourn to-day, it will adjourn 
 to meet to-morrow morning at 10 o’clock, and thereafter, at the 
 same hour, until otherwise ordered. 
 
 On motion of Mr. Hawkins, 
 
 Resolved, That Edwin W. S. Moore, be appointed Assistant 
 Clerk, and that he be allowed four dollars per day. 
 
 On motion of Mr. Maxwell, the rules for the government of the 
 Senate, in force during the last session, were adopted for the 
 government of this Senate, until otherwise ordered. 
 
 The Senate then adjourned. 
 
 WEDNESDAY, January 17, 1866. 
 
 The Senate met pursuant to adjournment, and was opened with 
 prayer by Rev. T. B. Taylor, of the M. E. Church. 
 
 Tho officers elected, except Mr. Mahon, who is absent, having 
 been qualified, entered upon the discharge of their duties. 
 
 Mr. Burdett presented the petition and papers of Mr. A. Wer- 
 ninger, the contestant for the seat of Mr. Haymond, which was 
 referred to the Committee on Privileges and Elections. 
 
 Mr. Slack presented papers of Mr. Robert Hagar, relating to his 
 contest for the seat of Mr. Cook, wffiich were referred to the same 
 Committee. 
 
 The President reported the following Standing Committees : 
 
 On Privileges and Elections — Messrs. Slack, Burdett, Chambers, 
 Mahon and Peck. 
 
 On the Judiciary — Messrs. Maxwell, Peck, Chapline, Burley and 
 Slack. 
 
 On finance and Claims — Messrs. Peck, Burdett, Hawkins, Chap- 
 line and Kitchen. 
 
 On Ranks and Corporations — Messrs. Chapline, Haymond, Bur- 
 ley, O’Brien and Wright. 
 
 On Township and County Organization and Municipal Corpora- 
 tions — Messrs. Mahon, Price, Peck, Corley and O’Brien. 
 
 On Military Affairs — Messrs. Duval, Corley and Burdett. 
 
 On Internod Improvements and Navigation — Messrs. Burley, 
 Price, Slack, Hawkins and Kitchen. 
 
 On Education — Messrs. Dix, Chapline and Maxwell. 
 
 On Humane and Criminal Institutions — Messrs. Slack, Dix, 
 Chambers, Maxwell and Duval. 
 
 On Enrolled Bills — Messrs. Price, Duval and Kitchen. 
 
23 
 
 Journal of the Senate. 
 
 On the Library — Messrs. Wright, O’Brien and Dix. 
 
 On Executive Expenditures — Messrs. Burdett, Burley and Slack. 
 
 To Examine Auditor s Office , Treasurer s Accounts , and Bonds 
 of Public Officers — Messrs. Wright, Chapline and Maxwell. 
 
 To Examine the Clerk's Office — Messrs. Hawkins, Corley and 
 O’Brien. 
 
 Mr. Wright appeared in his seat. 
 
 Mr. Duval presented the petition of numerous citizens of Brooke 
 County, praying an amendment of the 3d Section of the 102d 
 chapter of the code of 1860, which was read and referred to the 
 Committee on the Judiciary. 
 
 Mr. Burley presented the petition of Samuel Crane, late Auditor 
 of this State, praying the payment of his salary from the 4th day 
 of March, 1863, until the 20th day of June, 1863, which was 
 referred to the Committee on Finance and Claims. 
 
 On motion of Mr. Burdett, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation, inquire into the expediency of appropriating money to 
 repair the North-Western Turnpike. 
 
 On motion of Mr. Corley, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation, inquire into the expediency of appropriating $50,000, 
 to the Western and Gauley Bridge Turnpike Company, for the pur- 
 pose of repairing said road and McAdamizing certain portions 
 thereof. 
 
 On motion of Mr. Maxwell, 
 
 Resolved , That so much of the Governor’s message as relates to 
 the report of the Adjutant General, the organization of the 
 militia, the report of the Quartermaster General, Militia Claims, 
 Gettysburg Cemetery, proposed Cemetery at Antietam, and the 
 Statue of Washington, be referred to the Committee on Military 
 Affairs. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the President of the Senate be authorized to 
 invite the various clergymen of the city of Wheeling, and others, 
 to open the Senate each morning of its session, with prayer. 
 
 On motion of Mr. Burdett, 
 
 Resolved , That so much of the Governor’s message as relates to 
 the question of the donation of land by the General Government, 
 for the purpose of an Agricultural College, and so much thereof 
 as relates to Free Schools, be referred to the Committee on 
 Education. 
 
 On motion of Mr. Maxwell, 
 
 Resolved , That so much of the Governor’s message as relates to 
 the Hospital for the Insane, at Weston, and lunatics from the State 
 of West Virginia, confined at Staunton, be referred to the Com- 
 mittee on Humane and Criminal Institutions. 
 
24 
 
 Journal of the Senate. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 1, entitled 
 “ A Bill to explain and amend an act passed November 16, 1863, 
 entitled ‘ An act to amend and re-enact the first section of an act 
 entitled An act concerning oaths and affirmations, passed June 
 26th, 1863,’ ” and Senate Bill No. 2, entitled “ A Bill to prevent 
 and punish the forcible or unlawful obstruction of public justice, ” 
 which were each read the first time, and referred to the Committee 
 on the Judiciary. 
 
 A communication from the House of Delegates, by Mr. Smith, of 
 Berkeley, announced the adoption of the following preamble and 
 resolutions, and asked concurrence : 
 
 “ Whereas, on the 31st day of January, 1863, the Legislature 
 of the State of Virginia passed a law, giving the consent of said 
 State to the county of Berkeley becoming part of the State of West 
 Virginia, and authorizing a vote to be taken in said county on the 
 4th Thursday of May, 1863, upon the question of annexing said 
 county to the State of West Virginia; and whereas, on the 4th 
 day of February, A. D., 1863, a like law was passed by the Legis- 
 lature of the State r of ^Virginia authorizing the people of Jefferson 
 county on the same day to take a vote upon annexing said county 
 of Jefferson to the State of West Virginia; and whereas, on the said 
 4th Thursday of May, 1863, a vote was taken in each of said coun- 
 ties in pursuance of said laws, upon the question of annexing said 
 counties to the State of West Virginia, and a majority of the votes 
 cast in each of said counties was in favor of said annexation ; and 
 whereas, on the 22d day of July, A. D., 1863, His Excellency, 
 Francis H. Peirpoint, then and still Governor of the Common- 
 wealth of Virginia, certified to the Governor of the State of West 
 Virginia under his hand and the less seal of said State, that from 
 the returns and files in his office, a very large majority of the votes 
 cast at said elections in said counties was in favor of said annexa- 
 tion ; and whereas, on the 5th day of August, A. D., 1863, the 
 Legislature of West Virginia passed a law accepting the transfer 
 and annexation of said county of Berkeley to the said State of 
 West Virginia ; and whereas, on the 2d day of November, A. D., 
 1863, the Legislature ot West Virginia passed a like law, accept- 
 ing the transfer and annexation of said county of Jefferson to the 
 State of West Virginia ; and whereas, ever since the passage of 
 these laws, the State of West Virginia and the various State, 
 county, and township officers of said State, have continually exer- 
 cised exclusive and undisputed jusrisdiction, and all the acts of 
 municipal sovereignty necessary for the good government of said 
 counties; and whereas, it has been recently claimed and insisted 
 that the transfer and annexation of said counties were not valid 
 and complete until the same were ratified by Congress; and where- 
 as, the doubts and uncertainty created by such claims and repre- 
 sentations tend greatly to create a spirit of insubordination and 
 disloyalty — to the laws and government of the State : — 
 
25 
 
 Journal of the, Senate. 
 
 Therefore, Be it resolved, by the Legislature of the State of West 
 Virginia, That our Senators and Representatives in Congress be 
 requested to urge the speedy passage of a bill or joint resolution 
 by Congress, giving its consent to the annexation and transfer of 
 said counties to the State of West Virginia, ratifying and 
 approving the same. 
 
 Resolved, That the Governor be requested to furnish each of our 
 Senators and Representatives in Congress a copy of the foregoing 
 Resolutions. 
 
 On motion of Mr. Burdett, the said preamble and resolutions 
 were referred to the Committee on the Judiciary. 
 
 The Senate adjourned. 
 
 THURSDAY, January 18, 1866. 
 
 The Senate met at 10 o’clock, and was opened with prayer by 
 Rev. T. H. Monroe, of the M. E. Church. 
 
 The journal was read and approved. 
 
 The following message was received from the House of Delegates : 
 
 Clerk’s Office, House of Delegates. \ 
 Wheeling, January 17, 1866. / 
 
 The House has this day concurred in the Senate joint resolution 
 providing for the printing of the Governor’s message. 
 
 It has also concurred in the Senate joint resolution appointing a 
 committee on the printing of the documents accompanying the 
 Governor’s message, and appointed thereon Messrs. Hornbrook, 
 Camden and Stidger. 
 
 Wm. P. Hubbard, 
 Clerk House of Delegates. 
 
 Mr. Slack, from the Committee on Privileges and Elections, sub- 
 mitted a report in the contested election case of Robert Hagar, 
 against John Cook, in the 8th. Senatorial District, to the effect that 
 Robert Hagar received a decided majority of the votes legally cast 
 in said district, and recommending that said Hagar be admitted to 
 a seat in this body in place of said Cook, who was returned elected. 
 
 On motion of Mr. Dix, said report was received and adopted. 
 
 Mr. Hagar appeared, was duly qualified, and took his seat. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back the House joint resolutions in relation to the counties of Berke- 
 ley and Jefferson, recommending that they be adopted, which, was 
 agreed to. 
 
 Mr. Burdett, from the Committee on Finance and Claims, 
 reported adversely upon the petition of Samuel Crane, late Audi- 
 tor, claiming compensation from March 4, 1863, until June 20, 
 1863 ; but on motion of Mr. Burley, said petition and report were 
 re-committed. 
 
 4 
 
26 
 
 Journal of the Senate. 
 
 Mr. Peck, by leave, introduced Senate Bill No. 3, entitled “A 
 Bill amending section 44, chapter 100, of the acts of 1863, ” which 
 was read the first time and referred to the Committee on the 
 Judiciary. % 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 4, entitled 
 “ A Bill to amend an act 'passed March 1, 1865, entitled ‘ An act in 
 relation to the Statutes of Limitation, ’ ’’ and Senate Bill No. 5, 
 entitled “ A Bill to authorize the Board of Supervisors to appoint 
 a Surveyor of Roads for each precinct in any county, ” each of 
 which bills were read the first time, and the first referred to the 
 Committee on the Judiciary and the second to the Committee on 
 Internal Improvements and Navigation. 
 
 Mr. Peck presented the petition of Elijah Bay, one of the Asses- 
 sors of Ohio county, and twenty-two other Assessors in this State, 
 praying an increase of the compensation of Assessors, which were 
 referred to the Committee on Finance and Claims. 
 
 On motion of Mr. Slack, 
 
 Resolved , That so much of the Governor’s message as refers to 
 the subject of the re-assessment of the lands of this State, be refer- 
 red to the Committee on Finance and Claims. 
 
 On motion of Mr. Hagar, 
 
 Resolved, That the Committee on the Judiciary. inquire into the 
 expediency of reporting a bill making all land patents legal which 
 were issued before January 1, 1856, and that peaceable possession 
 far six years shall be a good title in law. 
 
 On motion of Mr. Burdett, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation inquire into the expediency of appropriating a sum of 
 money to aid in the construction of a road from the town of Flem- 
 ington in the county of Taylor, to a point near Maxwell’s mill, 
 connecting with the road to Buckhannon in Upshur county. 
 
 On motion of Mr. Hagar, 
 
 Resolved, That the Committee on the Judiciary inquire into the 
 expediency of reporting a bill providing that where persons have 
 been elected to either branch of the Legislature who cannot take 
 the oath required by law, either House may appoint a person to fill 
 such vacancy until the next annual election. 
 
 Mr. Chapline offered the following, which lies over, under the 
 rules : 
 
 Whereas, the most merciful policy and proclamations of the 
 President of the United States in regard to rebels late in arms 
 against the Government, instead of awakening a proper sense of 
 gratitude upon their .part and producing due deference and sub- 
 mission to the established laws of West Virginia, have resulted in 
 many instances in open opposition to and defiance of the same and 
 in a systematized attempt throughout the State to take possession 
 
27 
 
 Journal of the Senate, 
 
 of the ballot box and to prevent the organization of the govern- 
 ment and the establishment of civil law, except upon rebel terms 
 and the admission of rebels into office: — 
 
 therefore, Resolved , by the Legislature of the Slate of West Vir- 
 ginia, That it is inexpedient at this time, to modify or repeal any 
 of the existing laws, restrictions or disqualifications in this State in 
 regard to persons who participated in the late rebellion. 
 
 The Senate adjourned. 
 
 FRIDAY, January 19, 1866. 
 
 The Senate met at 10 o’clock, A. M., and was opened with prayer 
 by Rev. Mr. Dix, member of the Senate. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Slack, from the Committee on Privileges and Elections, sub- 
 mitted a report in the contested election case of A. Werninger, 
 against Daniel Haymond, in the 4th district, stating “ that 
 although the poll at Pennsboro, in Ritchie county, (which secures 
 to Mr. Haymond, a majority in the district,) does not appear to 
 have been properly certified, (although we believe it was taken in 
 good faith,) the fact is that Mr. Werninger failed to give Mr. Hay- 
 mond notice of his purpose to contest his seat, within the time 
 prescribed by law. It is therefore, the opinion of the Committee 
 that Daniel Haymond is legally entitled to a seat in this body. ” 
 
 The report was received and adopted. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 Senate Bill No. 6, entitled “ A Bill to amend and re-enact sections 
 3 and 4 of chapter 102 of the Code of Virginia, second edition, ” 
 which was read the first time. 
 
 Mr. Maxwell, from the same Committee, reported adversely 
 upon the resolution of Mr. Hagar, referred yesterday, upon the 
 subject of filling vacancies in the Legislature. 
 
 The report was adopted. 
 
 Mr. Burdett, from the Committee on Finance and Claims, again 
 reported adversely upon the petition of Samuel Crane, late Audi- 
 tor, which was re-committed to that Committee yesterday. The 
 report also recommends that leave be granted ’the petitioner to 
 withdraw his petition. 
 
 The report was adopted. 
 
 Mr. Burdett presented the petition of citizens of Taylor and 
 Barbour county, asking for the appropriation of $10,000 for the 
 purpose of constructing a road from Flemington in Taylor county, 
 to Maxwell’s mill in Barbour county, which was read and referred 
 to the Committee on Internal Improvements and Navigation. 
 
28 Journal of the Senate. 
 
 Mr. Kitchen, by leave, introduced Senate Bill No. 7, entitled 
 “ A Bill to authorize the sale of a lot in or near the town of Mar- 
 tinsburg, ” which was read the first time, and referred to the 
 Committee on the Judiciary. 
 
 On motion of Mr. Chapline, the Senate took up and adopted the 
 joint resolution offered by him yesterday, in relation to the laws 
 which affect disloyal persons. 
 
 Mr. Price presented the petitions of a large number of the citi- 
 zens of Monongalia county, asking that the State Agricultural 
 College be located at or near Morgantown, accompanied by a reso- 
 lution of the Board of Trustees of the Monongalia Academy, pro- 
 posing to make a donation of real and personal property valued at 
 $57,000, to said college, on condition that the same be located at or 
 near said town. 
 
 All the said papers were referred to the Committee on Education. 
 
 On motion of Mr. Corley, 
 
 Resolved, That the Committee on Internal Improvements and 
 Navigation inquire into the expediency of appropriating $6,000 — 
 to rebuild two bridges — one across the Buckhannon river at Upshur 
 Court House, and the other across the Valley river at Bandolph 
 Court House, on the Staunton and Parkersburg Turnpike road, and 
 report by bill or otherwise. 
 
 On motion of Mr. O’Brien, 
 
 Resolved , That the Committee on Counties, Townships and 
 Municipal Corporations, take into consideration the expediency of 
 abolishing County and Township Treasurers and report bybill or 
 otherwise. 
 
 On motion of Mr. O’Brien, 
 
 Resolved , That the Committee on Education inquire into the 
 expediency of so amending the laws on education as to make addi- 
 tional provisions for the payment of school teachers, after the State 
 funds are exhausted and report by bill or otherwise. 
 
 On motion of Mr. Hagar, 
 
 Resolved , That the Committee on the Judiciary inquire into the 
 expediency of reporting by bill or otherwise, compelling all per- 
 sons to keep their property on their own premises. 
 
 On motion of Mr. Chambers, 
 
 Resolved. That the Committee on Internal Improvements and 
 Navigation inquire into the expediency of appropriating the sum of 
 $25,000 for the purpose of putting in good repair the .Giles, Fayette 
 and Kanawha Turnpike road, from Charleston in Kanawha county, 
 to Peterstown in Monroe county, that being the southern boundary 
 of the State of West Virginia. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the Committee on Humane and Criminal Institu- 
 tions take into consideration the propriety of providing a House of 
 Refuge for the State of West Virginia. 
 
 The Senate adjourned. 
 
29 
 
 Journal of the Senate. 
 
 SATURDAY, January 20, 1866. 
 
 The Senate met at 10 o’clock, A. M., and was opened with prayer 
 by Rev. W. R. White. 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates: 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling , January 19, 1866. J 
 
 The House has this day adopted the following joint resolutions, 
 in which it respectfully asks concurrence : 
 
 Resolved , by the Legislature of West Virginia , That the Governor 
 be authorized to employ an agent who shall proceed immediately 
 to Staunton and Williamsburg, Virginia, for the purpose of ascer- 
 taining the number of insane persons in the Asylumns at each of 
 those places, who were sent from within this State ; the amount 
 claimed at each institution for their support to the 1st of January, 
 1866; and the terms on which they can remain in those institu- 
 tions for the current year, and that he make a report to the 
 Governor, to be laid before the Legislature. 
 
 Resolved , by the Legislature of West Virginia , That the two 
 branches will proceed on Tuesday the 23d inst., at eleven o’clock, 
 A. M., to elect a public printer. 
 
 Wm. P. Hubbard, 
 
 Cleric House of Relegates. 
 
 The first of said resolutions was referred to the Committee on 
 Humane and Criminal Institutions, and the second was adopted. 
 
 Mr. Slack, from the Committee on Privileges and Elections, sub- 
 mitted the following report, which was adopted : 
 
 “ The following persons are duly elected from their respective 
 districts and are entitled to mileage for traveling the following dis- 
 tances in coming to, and the same in returning from the Capitol : 
 
 1st District, I. H. Duval, 16 miles. 
 
 2d “ James Burley, 12 “ 
 
 3d “ J. S. Burdett, 100 “ 
 
 4th “ D. Haymond, 166 “ 
 
 5th “ E. S. Mahon, 242 “ 
 
 6th “ E. J. O'Brien, 125 “ 
 
 7th “ D. H. K. Dix, 321 “ 
 
 8th “ Robert Hagar, 392 “ 
 
 9th “ Vacancy. 
 
 10th “ J. A. Ohapline, 306 “ 
 
 Old Members. 
 
 1st District, Daniel Peck, 00 miles. 
 
 2d “ Aaron Hawkins, 77 “ 
 
30 
 
 Journal of the Senate. 
 
 3d District, William Price, 96 miles. 
 
 4th “ Edwin Maxwell, 150 “ 
 
 5th “ W. E. Stevenson, 203 “ 
 
 6th “ J. M. Corley, ' 177 “ 
 
 7th “ G-. Slack, 346 “ 
 
 8th “ E. D. Weight, 330 “ 
 
 9th “ W. F. Chambers, 460 “ 
 
 10th “ B. M. Kitchen, 294 “ 
 
 Mr. Burdett, from the Committee on Finance and . Claims, 
 reported Senate Bill No. 8, entitled “ A Bill amending section 94, 
 chapter 118, of the acts of 1863, ” which was read the first time. 
 
 Mr. Duval, from the Committee on Military Affairs, reported the 
 following joint resolution, which lies. over under the rules : 
 
 Resolved , by the Legislature of West Virginia , That His Excel- 
 lency, A. I. Boreman, be and is hereby authorized to turn over to 
 the State of Virginia, or its legally authorized agent, the bronze 
 statue of George Washington, formerly belonging to the State of 
 Virginia. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported adversely upon the resolution proposing to 
 appropriate $50,000 to the Western and Gauley Bridge Turnpike 
 Company ; and Mr. Burley also reported adversely upon the reso- 
 lution proposing to appropriate money to construct a road from 
 Flemington to Maxwell’s mill. 
 
 The report in the first case was adopted, and in the second, the 
 report and resolution were laid on the table. 
 
 On motion of Mr. Mahon, 
 
 Resolved , That all that part of the Governor’s message having 
 reference to the colored people of this State, be .referred to the 
 Committee on the Judiciary. 
 
 On motion of Mr. Hagar, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation inquire into the expediency of appropriating five thou- 
 sand dollars to build a bridge across Big Cole River, on the State 
 road, at or near Peytona in Boone County, and report by bill or 
 otherwise. 
 
 On motion of Mr. Hagar, 
 
 Resolved , That the Committee on Finance and Claims inquire 
 into the expediency of releasing the property of soldiers who have 
 died in the service of the United State, or have served out their 
 time of enlistment, or have been honorably discharged from the 
 same, from the tax of 1861, ’62, ’63 and ’64; also, the property of 
 those who have been killed by the rebels, or have been carried 
 away by them and died in prison, or returning therefrom. 
 
 On motion of Mr. Corley, 
 
 Resolved , That the Committee on Finance and Claims inquire 
 into the expediency of releasing such lands from back taxes and 
 
31 
 
 Journal of the Senate. 
 
 damages, as lie in the counties where the Collectors of the Rev- 
 enue were deprived from making such collections of taxes during 
 the war and report by bill or otherwise. 
 
 Mr. Slack offered the following resolution, which was referred to 
 the Committee on Privileges and Elections: 
 
 Whereas, it is manifest to the Senate that Henry M. Mathews, 
 of the County of Greenbrier, who received a large numerical 
 majority of the votes of the 9th Senatorial District, for a seat in 
 this body, became a candidate and was voted for, with a full 
 knowledge on his part, of the fact that he was ineligible to the 
 office of Senator, he being unable to take the oath required by law, 
 having wilfully participated in the late rebellion : 
 
 Be it therefor Beesolved, That the seat to which the said Mathews 
 was elected to fill in this body, is hereby declared vacant. 
 
 On motion of Mr. Chapliue, 
 
 Itesolved, That John H. Charnock is hereby appointed Janitor 
 for the Senate, and shall receive for his services the sum of two 
 dollars per day, and all the other officers of the Senate, be allowed 
 the same per diem that they received last session. 
 
 On motion of Mr. Chapline, 
 
 Besolved , That the Committee on Internal Improvements and 
 Navigatiou be requested to inquire into the expediency of appro- 
 priating the sum of five thousand dollars to assist in re-builing the 
 bridge across the Potomac River, at Shepherdstown in Jefferson 
 County. 
 
 Senate Bill No. 6, entitled “ A Bill to amend and re-enact sec- 
 tion 3d and 4th of chapter 102 of the Code of Virginia, second 
 edition, ” on its second reading was taken up, and verbally amend- 
 ed by striking out of line 3 the word “ be, ” and inserting in lieu 
 thereof, the word “is; ” out of line 12, the w T ord 11 in” and insert- 
 ing in lieu thereof, “in;” and out of line 14, the word “each,” 
 and inserting in lieu thereof, “ such. ” 
 
 The bill was then ordered to be engrossed, and read the third 
 time. 
 
 The Senate then adjourned. 
 
 MONDAY, January 22, 1866. 
 
 The Senate met at 10 o’clock, A. M., and was opened with prayer 
 by Rev. Mr. Ball. 
 
 The journal of Saturday last was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, 1 
 Wheeling , January 20, 1866. j 
 
 The House has this day passed the following joint resolution, in 
 which it respectfully asks the concurrence of the Senate : 
 
32 
 
 Journal of the Senate. 
 
 House Joint Resolution, No. G, providing forrestoring theStatue 
 of George Washington to the State of Virginia : 
 
 Resolved , by the Legislature of West Virginia , That His Excel- 
 lency, the Governor, be and is hereby authorized to turn over to 
 the State of Virginia, or its legally authorized agent, the bronze 
 statue of George Washington, formerly belonging to the State of 
 Virginia. 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
 On motion of Mr. Maxwell, said resolution was laid on the table. 
 
 Mr. Maxwell from the Committee on the Judiciary, reported 
 adversely upon the resolution proposing to legalize all land patents 
 issued before January 1, 1856, and making peaceable possession 
 for six years constitute a legal title. 
 
 The report was adopted. 
 
 Mr. Peck, from the same Committee, reported Senate Bill No. 9, 
 entitled “A Bill to legalize the execution, acknowledgment and 
 recording of certain deeds in Monroe county, ” which was read the 
 first time. 
 
 Mr. Peck, by leave, introduced Senate Bill No. 10, entitled “ A 
 Bill securing liens to mechanics, laborers, and others, ” which was 
 read the first time, and referred to the Committee on the Judiciary. 
 
 Mr. Chapline introduced Senate joint resolution No. 6, as fol- 
 lows : 
 
 Whereas, a bill is now pending in the House of Representatives 
 of the United States, entitled “ A bill granting lands to the State 
 of West Virginia, to aid in the construction of certain railroads ; ” 
 and whereas, the early construction of the lines of railroad men- 
 tioned in said bill is of the utmost importance, not only to this 
 State, but to the nation at large, forming, as they do, indispensible 
 links in the chain of great national highways ; and whereas, the 
 heavy expenditures imperatively demanded on the part of this 
 State, in the construction of her public buildings and. otherwise, 
 will, for a long time to come, be such as to prevent the State from 
 assisting in the construction of said roads ; Therefore, 
 
 Resolved , by the Legislature of West # Virginia , 
 
 1. That we do most earnestly request the Congress of the United 
 States to pass, and His Excellency, the President of the United 
 States, to approve the said bill , and that our Senators in the Con- 
 gress of the United States be instructed, and our Representatives 
 therein, requested to use their utmost exertions to procure the 
 passage thereof. 
 
 2. That His Excellency, the Governor of this State, forward to 
 each of our Senators and Representatives, a copy of this preamble 
 and these resolutions. 
 
 On motion of Mr. Chapline, the rule was suspended, and said 
 resolution adopted. Ordered , That Mr. Chapline so inform the 
 House. 
 
33 
 
 Journal of the Senate. 
 
 Mr. Burdett offered the following resolution : 
 
 Resolved , That the Clerk of the Senate be directed to pay Mr. 
 Mathews, the Senator elect from the 9th Senatorial District, his 
 mileage. 
 
 On motion of Mr. Chapline, said resolution was laid on the table. 
 
 Mr. Slack, from the Committee on Humane and Criminal Institu- 
 tions, reported back House Joint Resolution Ho. 4, recommending 
 that it be adopted, which was agreed to. 
 
 Mr. Slack presented the petition of a large number of the citi- 
 zens of Raleigh county, praying that Wilson Abbott, late Sheriff 
 of said county, be released from the payment of certain judgments 
 rendered against him at Richmond, for unpaid revenue of 1856 
 and 1857, which was read and referred to the Committee on 
 Finance and Claims. 
 
 Senate Bill Ho. 6, “ A Bill to amend and re-enact section 3d and 
 4th, of chapter 102, of the Code of Virginia, second edition, ” was 
 read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chapline, Cham- 
 bers, Corley, Dix, Haymond, Hawkins, Hagar, Kitchen, Mahon, 
 Maxwell, O’Brien, Price, Slack and Wright — 16. 
 
 Hays — H one. 
 
 The Senate adjourned. 
 
 TUESDAY, January 23, 1866. 
 
 The Senate met at 10 o’clock, A. M., and was opened with prayer 
 by Rev. Mr. Ball. 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates 
 
 Clerk’s Office, House of Delegates, 1 
 Wheeling , January 22, 1866 j 
 
 The House has this day concurred in Senate Joint Resolution, 
 Ho. 6, relating to the passage of a law- by Congress, granting lands 
 to the State of West Virginia, t© aid in the construction of certain 
 railroads. 
 
 Wm. P. Hubbard, 
 
 Cleric House of Delegates. 
 
 Mr. Duval presented the petition of James Hervey, of Brooke 
 county, praying for an amendment of section 34, chapter 118, of 
 the acts of 1863, which was referred to the Committee on Finance 
 and Claims. 
 
 Mr. Peck, by leave, introduced Senate Bill Ho. 11, entitled “ A 
 Bill to incorporate the Jonathan’s Gaut and Glenn’s Run Turnpike 
 
34 
 
 Journal of the Senate. 
 
 Company, ” which was read the first time and referred to the Com- 
 mittee on Internal Improvements and Navigation. 
 
 On motion of Mr. Burdett, 
 
 Resolved , That the Committee on Finance and Claims inquire 
 into the expediency of allowing and paying Edward D. Wright a 
 claim for beef furnished the 9th Virginia Regiment of Volunteers. 
 
 On motion of Mr. Burdett, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation inquire into the expediency of making an appropriation 
 to complete the Fetterman and Coveton Turnpike Road, in Taylor 
 and Barbour counties. 
 
 On motion of Mr. Burley, 
 
 Resolved , That the Committee on Finance and Claims inquire 
 into the expediency of reporting a bill providing for the payment 
 of a judgment lately obtained by J. E. Boyers, against the Auditor 
 of West Virginia. 
 
 On motion of Mr. Chapline, Senate Bill No. 8, entitled “ A Bill 
 amending section 94, chapter 118, of the acts of 1863, ” w T as laid 
 on the table. 
 
 On motion of Mr. Burdett, Senate Bill No. 9, entitled “ A Bill 
 to legalize the execution, acknowledgment and recording of cer- 
 tain deeds in Monroe county, ” was laid on the table. 
 
 On motion of Mr. Maxwell, House Joint Resolution No. 6, pro- 
 viding for restoring the statue of George Washington to the State 
 of Virginia, was taken from the table. 
 
 On motion of Mr. Burdett, the resolution was amended, by 
 inserting after the word “ agent, ” the words “ without expense to 
 this State. ” 
 
 The resolution, as amended, was then adopted. 
 
 A message from the House of Delegates, by Mr. Fleming, 
 announced that that body was ready to proceed to the election of a 
 Public Printer, that being the joint order of the day, and that the 
 House had placed in nomination for that position, John Frew. 
 
 Mr. Hawkins nominated Mr. Frew, and there being no other 
 nominations, Mr. Hawkins was directed to inform the Blouse of 
 Delegates that the Senate was also ready to execute said order, and 
 had made no further nominations. 
 
 The Senate then proceeded to vote for Public Printer, viva voce. 
 
 The names of the members were called, and their votes recorded 
 as follows : 
 
 For John Frew — Messrs. Stevenson, (President,) Burley, Bur- 
 dett, Chapline, Chambers, Corley, Dix, Duval, Ilaymond, Hawkins, 
 Hagar, Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and 
 Wright — 19. 
 
35 
 
 Journal of the Senate. 
 
 The President appointed Messrs. Burdett and Corley to count 
 the joint vote of the two branches, with the Committee of the 
 House. 
 
 Mr. Burdett, from said Committee, subsequently reported the 
 following, as the result of the joint vote : 
 
 That sixty-six votes were cast in the two branches, and that John 
 Frew received all of them. 
 
 Mr. Frew was then declared duly elected to the office of Public 
 Printer, according to law. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 12, entitled 
 “ A Bill to authorize the Judge of the 9th Judicial Circuit of West 
 Virginia, to fill official vacancies in his circuit, ” which was read 
 the first time, and referred to the Committee on the Judiciary. 
 
 Mr. Slack, from the Committee on Privileges and Elections, sub- 
 mitted the following report, which was adopted : 
 
 The Committee on Privileges and Elections beg leave to report, 
 in the contested election case between Messrs. Downey and Chap- 
 line, that the said Downey withdraws his claim to the seat now 
 occupied by Mr. Chapline, of the 10th Senatorial District, and that 
 Joseph A. Chapline is legally entitled to the seat now occupied by 
 him. And we are advised by said Downey, that he now claims a 
 seat in this body on other grounds, but not as a contestant of the 
 seat of said Chapline. 
 
 The Senate then adjourned. 
 
 / 
 
 WEDNESDAY, January 24, 1866. 
 
 The Senate met at 10 o’clock, A. M., and was opened with prayer 
 by Bev. Mr. Hagar, a member of the Senate. 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, 1 
 January 28, 1866. j 
 
 The House has this day passed the following Joint Resolution, in 
 which it respectfully asks the concurrence of the Senate : 
 
 House Joint Resolution, No. 7, requesting the members of Con- 
 gress from this State to secure the aid of the United States in 
 repairing roads and bridges injured during the war. 
 
 Whereas, during the recent rebellion, our State, lying on the 
 border, has been peculiarly exposed to the raids of the enemy and 
 the ravages and desolations resulting from the oft repeated tread 
 of advancing and retreating armies, and 
 
 Whereas, during this painful process, our citizens have endured 
 sufferings beyond weight or measure, in the loss of life in every 
 form at the hand of every variety of enemy — in captivity — in exile 
 
36 
 
 Journal of the Senate. 
 
 — in perils night and day , and in many parts of our State, the 
 general disruption of all organized legal and social order, and the 
 embarrassment of even the ordinary pursuits indispensable to their 
 comfort and existence. In this broad sweep of contending armies 
 and foes of lesser note, many of their churches and court houses — 
 not to mention private property — have been injured or destroyed ; 
 but the roads and bridges — the most important of which were in part 
 owned by the State, and were used and many of them destroyed by the 
 Union armies — and the bridges burnt by order of the Union com- 
 manders as means of safety, leaving our principal roads impassible. 
 
 Therefore , Resolved by the Legislature of West Virginia , That 
 our Senators in Congress be hereby instructed and our Representa- 
 tives requested to respectfully, yet earnestly present our grievances 
 to the attention of Congress and to adopt such measures as may 
 best secure adequate relief in the premises, and that the Governor 
 transmit a copy hereof to each of our Senators and Representa- 
 tives in Congress. 
 
 Wm. P. Hubbard, 
 
 Cleric House of Delegates. 
 
 The said resolution was adopted. 
 
 Mr. Maxwell, from the Committee on the- Judiciary, reported 
 back Senate Bill No. 3, entitled “ A Bill amending section 44, of 
 chapter 100, of the acts of 1863, ” recommending its engrossment 
 with the following amendments : 
 
 1. Insert before the word “ election, ” in the 8th line, the word 
 “ October. ” 
 
 2. Insert at the end of the sentence, in the 10th line, the words : 
 But if the regular term of the office which is vacant expires on the 
 last day of December, or on the third day of March next following 
 the first general October election which comes off after the vacancy 
 exists, then the appointment shall be for the unexpired term. ” 
 
 3. Insert at the end of the sentence, in the 14th line, the words : 
 “ when a vacancy in any of the offices above named is to be filled 
 by an election or by the people, the Governor shall give notice 
 thereof by proclamation, a reasonable time before the election day. ” 
 
 All of said amendments were adopted. 
 
 Mr. Maxwell moved to amend the said bill by striking out of the 
 13th and 14th lines the words “ or may be dispensed with if he so 
 order, ” which was agreed to. 
 
 The bills were then read the second time, and ordered to be 
 engrossed. 
 
 On motion of Mr. Hagar, 
 
 Resolved , That the Committee on Finance and Claims inquire 
 into the expediency of releasing the securities of Joseph Lester, 
 late Sheriff of Wyoming county, from all judgments and liabilities 
 that the State of Virginia has against them, as said securities, from 
 the first day of June, 1854, until the formation of the State of 
 West Virginia, and report by bill or otherwise. 
 
37 
 
 Journal of the Senate. 
 
 On motion of Mr. Slack, 
 
 Resolved , That the Committee . on Internal Improvements and 
 Navigation, be requested to inquire into the management of the 
 Baltimore and Ohio Railroad Company, and of the North Western 
 Virginia Railroad Company, respecting the charges made upon said 
 roads for freight and passengers ; whether the same are uniform, 
 and in accordance with law ; and such other matters connected 
 with the affairs of said Companies, as may be of public interest, 
 and report the result of their investigations to the Senate. 
 
 On motion of Mr. Chapline, 
 
 Resolved, That the Committee on the Judiciary be and are here- 
 by requested to inquire into the expediency of adding the sum of 
 four hundred dollars, per annum, to the salary of the Reporter for 
 the Supreme Court of Appeals. 
 
 The Senate then adjourned. 
 
 THURSDAY, January 25, 1866. 
 
 The Senate met at the usual hour, and was opened with prayer 
 by Rev. Mr. Dix, member of the Senate. 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, ] 
 January 24, 1866. J 
 
 The House has this day adopted the Senate amendment to House 
 Joint Resolution No. 6, “ Providing for restoring the statue of 
 George Washington to the State of Virginia, ” and has passed the 
 following joint resolution, in which it respectfully asks the concur- 
 rence of the Senate : 
 
 House Joint Resolution No. 8, ordering the printing of the doc- 
 uments accompanying the Governor’s message : 
 
 Resolved by the Legislature of West Virginia, 
 
 1. That of the documents accompanying the Governor’s message 
 there be printed for the use of the Legislature the number of 
 
 copies hereinafter mentioned, namely : , 
 
 Report of the Auditor, 2000 
 
 Report of the Treasurer, 2000 
 
 Report of the Adjutant-General, 1000 
 
 Report of the Quartermaster-General, 1000 
 
 Report of the Board of Claims, 300 
 
 Report of the Superintendent of Schools, 3000 
 
 Report of the Commissioner of Immigration, 2000 
 
 Report of the Superintendent of the Hospital for the Insane, __3000 
 
 Report of the Commissioner of the Gettysburg Cemetery, 2000 
 
 Letter of the President of the James River and Kanawha Com- 
 pany, ’ 300 
 
 Letter of the President of the Virginia Central Railroad, 300 
 
38 
 
 Journal of the Senate. 
 
 2. That the copies of the Adjutant-General's Report of this year 
 and the unbound copies remaining on hand of his last year’s report 
 be half-bound, to be distributed, one copy to each member and officer 
 of the Legislature and the remainder as may be hereafter provided. 
 
 3. That of the documents above named except the Adjutant- 
 General’s report, there be bound in like manner, together with the 
 Governor’s message, 300 copies, to be distributed, one copy to each 
 member and officer of the Legislature, and the remainder as the 
 Governor may direct. 
 
 Wm. P. Hubbard, 
 Cleric House oj Delegates. 
 
 On motion of Mr. Burdett, said resolution No. 8, was laid on the 
 table. 
 
 Mr. Mahon, doorkeeper elect and Mr. Moore, assistant clerk, 
 were qualified. 
 
 Mr. Dix, from the Committee on Education, reported Senate Bill 
 No. 13, entitled “ A Bill for the relief of James A. Ewing, ” which 
 was read the first time. 
 
 Mr. Maxwell presented the petition of William E. Lyon, of Har- 
 rison county, praying the Legislature to grant him leave to rebuild 
 a certain dam across Ten-mile creek in said county, which was 
 referred to the Committee on Internal Improvements and Naviga- 
 tion. 
 
 Mr. Dix presented the petition of Benj. F. Ruffner, praying to 
 be relieved from what he regards as an unjust assessment of 1152 
 acres of land, in Putnam county, which was referred to the Com- 
 mittee on Finance and Claims. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 14, entitled 
 “ A Bill to provide for the recovery of specific personal property, ” 
 which was read the first time and referred to the Committee on 
 the Judiciary. 
 
 Mr. Slack, by leave, introduced Senate Bill No. 15, entitled “ A 
 Bill to incorporate the Wayne county Coal and Iron Railway Com- 
 pany, ” which was read the first time, and referred to the Commit- 
 tee on Internal Improvements and Navigation. 
 
 Mr. Burley, by leave, introduced Senate Bill No. 16, entitled 
 “ A Bill to incorporate the Marshall Institute and Library Associ- 
 ation of Moundsville, ” which was read the first time ancj referred 
 to the Committee on Education. 
 
 On motion of Mr. O’Brien, 
 
 Resolved , That the Committee on Internal Improvements and 
 Nayigation take into consideration the expediency of appropriating 
 two thousand dollars for the completion of the Middlefork and 
 Philippi Turnpike road, and finishing a bridge across the Middle- 
 fork River, which is in a state of decay ; and if said Committee 
 hink it inexpedient to finish said road — Resolved , That they take 
 
Journal of the Senate. 39 
 
 into consideration the expediency of appropriating five hundred 
 dollars to complete said bridge, and report by bill or otherwise. 
 
 On motion of Mr. Haymond, 
 
 Resolved , That the Committee on Townships, &c., be requested 
 to inquire into the expediency of enacting a lav/ imposing a fine 
 of fifty dollars, recoverable before a Justice or School Commission- 
 ers, who shall permit school houses, which have been, or may 
 hereafter be built at public expense, to be used for any other than 
 school purposes. 
 
 On motion of Mr.- Corley, 
 
 Resolved, That the Committee on Internal Improvements and 
 Navigation inquire into the expediency of appropriating $2,000 to 
 repair the wire suspension bridge across Elk River at Braxton 
 Court House, on the Weston and Gauley Bridge Turnpike Boad, 
 and report by bill or otherwise. 
 
 Senate Bill No. 3, entitled “ A Bill amending section 44, of chap- 
 ter 100 of the acts of 1863, ” was read the third time, and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Kitchen, 
 Mahon, Maxwell, O’Brien, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 The Senate then adjourned. 
 
 FBIDAY, January 26, 1866. 
 
 The Senate met at 10 o’clock, A. M., and after prayer by Rev. 
 John Moffat, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates r 
 
 Clerk’s Office, House of Delegates, \ 
 'Wheeling, January 25, 1866. j 
 
 The House has this day passed and asks the concurrence of the 
 Senate, in 
 
 House Bill No. 3, “ A Bill legalizing the payment of money by 
 Superintendents of Schools to Treasurers of counties for the use of 
 free schools. ” 
 
 House Bill No. 4, “ A Bill amending and re-enacting section 15 
 of chapter 120 of the acts of 1863. ” 
 
 House Bill No. 6, “A Bill to extend the time allowed the civil 
 officers of the counties of Pendleton, Hardy and McDowell, in 
 which to qualify and give bond. 
 
 House Bill No. 11, “ A Bill extending the charter of the White 
 Sulphur and Sweet Springs Turnpike road, ” and the following 
 joint resolution : 
 
 House Joint Resolution No. 9, fixing a day for the selection of the 
 permanent Capitol of the State : 
 
40 
 
 Journal of the Senate. 
 
 Resolved by the Legislature of West Virginia , That the two 
 Houses will, on Tuesday, the 6th day of February next, proceed to 
 determine by election, the location of the permanent Capitol of 
 the State. 
 
 The House has also passed Senate Bill No, 6, “ A Bill to amend 
 and re-enact sections 3d and 4th of chapter 102 of the Code of 
 Virginia, second edition. ” 
 
 Wm. P. Hubbard, 
 Cleric House of Delegates. 
 
 Said House Bills were each read the first time, and No. 3 referred 
 to the Committee on Education, No. 4 and No. 11 to the Committee 
 on Internal Improvements and Navigation, and No. 6 to the 
 Committee on the Judiciary. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the Committee on the Judiciary be instructed to 
 inquire into the necessity of amending the act defining the duties 
 and powers of Justices in relation to criminal matters. 
 
 On motion of Mr. Mahon, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation be requested to inquire into the expediency of pro- 
 viding for an appropriation of five thousand dollars, for re-building 
 the bridge over Big Sandy creek, on the Charleston, Ripley and 
 Ravenswood Turnpike in Jackson county. 
 
 On motion of Mr. Chapline, 
 
 Resolved , That the Committee on Finance and Claims be and 
 are hereby requested to inquire into the expediency of allowing 
 the Auditor the sum of six hundred dollars for the purpose of pay- 
 ing house rent. 
 
 On motion of Mr. Chapline, 
 
 Resolved, That the Committee on the Judiciary be and are here- 
 by instructed to inquire into the expediency of holding the terms 
 of the McDowell Courts in Mercer county, and report by bill or 
 otherwise. 
 
 On motion of Mr. Kitchen, 
 
 Resolved, That the usual mileage due to members of the Legisla- 
 ture, be allowed to 0. D. Downey, late contestant for a seat in the 
 Senate. 
 
 Mr. Slack, from the Committee on Privileges and Elections, sub- 
 mitted a report in relation to the claims of 0. D. Downey, who seeks 
 a seat in the Senate for the 10th district, under the 13th section 
 of the 4th article of the constitution, to the effect that Berke- 
 ley and Jefferson counties were properly attached to the 10th 
 Senatorial district under the 16th section of the 4-th article, but that 
 Berkeley and Jefferson might, by law, be constituted the l’lth dis- 
 trict, until the next census, when all the districts may be re-arranged. 
 
 The report was adopted. 
 
41 
 
 Journal of the Senate. 
 
 Mr. Maxwell, from tlie Committee on the Judiciary, reported 
 back Senate Bill No. 10, entitled “ A Bill securing liens to mechan- 
 ics, laborers and others, ” recommending its passage, with numerous 
 verbal amendments, which was adopted. 
 
 On motion of Mr. Haymond, the bill was further amended by 
 striking out of the 4th line of the 2d section the word “things,’ 
 and inserting in lieu thereof, the word “ materials, ” and by making 
 the same amendment wherever else the word “things” occurs in 
 the same sense, in the bill. 
 
 On motion of Mr. Peck, the bill was laid on the table. 
 
 Mr. Burdett, from the Committee on Finance and Claims, report- 
 ed that the Committee had acted upon the question of the re-assess- 
 ment of the lands in this State, and that a bill would be reported 
 in the House of Delegates upon that subject. 
 
 Mr. Burdett also reported back the papers relating to the claim 
 of Edward D. Wright, for beef furnished the 9th Regiment of Vir- 
 ginia Infantry in 1861, recommending that leave be granted to 
 withdraw them for the purpose of having them referred to the 
 Board of Claims, v/hich was agreed to. 
 
 Mr. Burdett, from the same Committee, reported that it is inex- 
 pedient to appropriate money for the payment of a judgment late- 
 ly obtained by J. Edgar Boyers against the Auditor. 
 
 And the question being upon the adoption of this report, 
 
 Mr. Burdett demanded the yeas and nays, and the demand being 
 sustained, the vote was recorded as follows : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chapline, Cham- 
 bers, Corley, Hawkins, Hagar, Kitchen, Maxwell, O’Brien, Price 
 and Wright — 12. 
 
 Nays — Messrs. Burley, Dix, Duval, Haymond, Mahon, Peck and 
 Slack— 7. 
 
 On motion of Mr. Burdett, House Joint Resolution No. 9, “ Fix- 
 ing a day for the selection of a permanent Capitol of the State, ” 
 communicated from the House this morning, was laid on the table. 
 
 On motion of Mr. Peck, Flouse Joint Resolution No. 8, “ Relating 
 to printing the documents accompanying the Gfovernor's message, ” 
 was taken from the table and adopted. 
 
 On motion of Mr. Peck, Senate Bill No. 9, entitled “ A Bill to 
 legalize the execution, acknowledgment and recording of certain 
 deeds in Monroe county, ” was taken up, and referred to the Com- 
 mittee on the Judiciary. 
 
 Senate Bill No. 18, entitled “ A Bill for the relief of James A. 
 Ewing, ” was amended by striking out of the second line the word 
 “ required, ” and inserting in lieu thereof, the word “ authorized. ” 
 
 6 
 
42 Journal of the Senate . 
 
 The bill was then read the second time, and ordered to be 
 engrossed. 
 
 The Senate then adjourned. 
 
 SATURDAY, January 27, 1866. 
 
 The Senate met at 10 o’clock, A. M., and after prayer by Rev. 
 John Moffat, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates: 
 
 Clerk's Office, House of Delegates, \ 
 Wheeling , January 26, 1866. j 
 
 The House has this day passed and respectfully asks the concur- 
 rence of the Senate in 
 
 House Bill No. 13, “ A Bill relating to suits brought against 
 Supervisors and Inspectors of Elections and providing for the pay- 
 ment of their costs in defraying the same. ” 
 
 House Bill No. 14, “A Bill amending section 1 of chapter 113 
 of the acts of 1863. ” 
 
 House Bill No. 16, “ A Bill to authorize the City of Wheeling to 
 collect license from Insurance Companies, ” and 
 
 House Bill No. 17, “A Bill in relation to the county seat of 
 McDowell county. ” 
 
 Wm. P. Hubbard, 
 
 Cleric House of Delegates. 
 
 Said bills were read the first time, and No. 13 and 14 were 
 referred to the Committee on the Judiciary ; No. 16 to the Com- 
 mittee on Finance and Claims ; and No. 17 to the Committee on 
 Townships, &c. 
 
 Mr. Burdett, from the Committee on Finance and Claims, report- 
 ed that it is inexpedient to provide for the re-assessment of the 
 lands of Benj. F. Ruffner, in Putnam county; and the report was 
 adopted. 
 
 Mr. Dix, from the Committee on Education, reported back Plouse 
 Bill No. 3, entitled “ A Bill legalizing the payment of money by 
 Superintendents of schools to Treasurers of counties for the use of 
 free schools, ” recommending its passage. 
 
 The bill was read the second time, and ordered to its third read- 
 ing. 
 
 Senate Bill No. 13, entitled “A Bill for the relief of James A. 
 Ewing, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Chapline, 
 Chambers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
43 
 
 Journal of the Senate. 
 
 Mr. Peck presented the petition of Joseph Seybold, Sheriff of 
 Ohio county, in relation to the manner of paying certain taxes, 
 which was referred to the Committee on Finance and Claims. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 17, entitled 
 “ A Bill to admit testimony of interested parties in civil actions,” 
 and Senate Bill No. 18, entitled “ A Bill to amend an act exempt- 
 ing certain property from execution or other process,*” which were 
 read the first time, and referred to the Committee on the Judiciary. 
 
 On motion of Mr. Burdett, • 
 
 Resolved, That the Committee on Finance and Claims be instruct- 
 ed to inquire into the expediency of increasing the fees of jailors. 
 
 On motion of Mr. Burley, 
 
 Resolved , That the Board of Public Works be requested to inform 
 the Senate if any Turnpike road or bridge in which the State holds 
 any stock has been transferred to any of the counties of this State 
 under_the provisions of an act passed Dec. 4th, 1863, granting the 
 right of transferring such roads and bridges to the Board of Public 
 Works, and to name the roads and bridges so transferred, and the 
 name of the county transferred to, and if any application has been 
 made by the Supervisor of any of the counties to have any road or 
 bridge transferred to their county. 
 
 The Senate adjourned. 
 
 MONDAY, January 29, 1866. 
 
 The Senate met at the usual hour, and was opened with prayer by 
 Rev. John Moffat. 
 
 The journal of Saturday last was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates. \ 
 January 27, 1866. J 
 
 The House has this day passed and respectfully asks the concur- 
 rence of the Senate in 
 
 House Bill No. 7, “ A Bill to authorize the release of mortgages, 
 deeds, of trust and other recorded liens, ” and 
 
 House Joint Resolution No. 11, providing medals of honor for 
 West Virginia soldiers: 
 
 Resolved , by the Legislature of West Virginia , That the Governor 
 procure or cause to be procured suitable medals as tokens of respect 
 to the officers and soldiers of West Virginia, who have served 
 during the rebellion in the service of the United States, containing 
 the name of the recipient, with his regiment, battalion or battery, 
 surrounded by a wreath ; upon the reverse side some appropriate 
 design and inscription. The medal to be suspended by a piece of 
 
44 
 
 Journal of the Senate. 
 
 tri-colored silk ribbon, its artistic features to be equal to the 
 Crimean medal and its cost not to exceed one dollar. 
 
 The medals and inscriptions to be of four kinds. 
 
 1. For the officers and soldiers of the volunteer army who have 
 been or may be honorably discharged from the service. 
 
 2. For the officers and soldiers who have been killed in battle. 
 
 3. For the officers and soldiers who have died from wounds receiv- 
 ed in battle. 
 
 4. For the officers and soldiers who have died from diseases 
 contracted in the service. 
 
 The medals for the officers and soldiers who have been killed in 
 battle or who have died of wounds or disease in the service, to be 
 delivered to the families of said officers and soldiers. 
 
 Wm. P. Hubbard, 
 Cleric. House of Delegates . 
 
 The said bill was read the first time and referred to the Commit- 
 tee on the Judiciary; and said resolution was referred to the 
 Committee on Military Affairs. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back House Bill No. 6, entitled “ A Bill to extend the time allowed 
 the civil officers of the counties of Pendleton, Hardy and McDow- 
 ell, in which to qualify and give bond, ” and House Bill No. 14, 
 entitled “A Bill amending section 1 of chapter 113 of the acts of 
 1863, ” with a recommendation that they pass ; and the first was 
 read the second time and ordered to its third reading, and the 
 second was're-committed. 
 
 Mr. Maxwell, from the same Committee, reported back Senate 
 Bill No. 7, entitled “ A Bill to authorize the sale of a lot in or near 
 the town of Martinsburg, ” recommending its passage with an 
 amendment striking out the last sentence of the bill, and inserting 
 in lieu thereof the words : “ The net proceeds of such sale shall be 
 paid to the board of education of the township of Martinsburg for 
 the benefit of free schools in said township. ” 
 
 The anjepdment was adopted, the bill read the second time, and 
 ordered to*be engrossed. 
 
 Mr. Burdett, from the Committee on Finance and Claims, to 
 which was referred the resolution proposing to exempt soldiers 
 from the payment of taxes levied for the years 1861-2-3-4, reported 
 that it is inexpedient to legislate upon that subject, which was 
 agreed to. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported Senate Bill No. 19, entitled “ A Bill for the 
 relief of William E. Lyon,” which was read the first time. 
 
 Mr. Wright, by leave, introduced Senate Bill No. 20, entitled 
 “A Bill to amend the charter of the West Virginia Central Rail- 
 
45 
 
 Journal of the Senate. 
 
 way Company, ” and Senate Bill No. 21, entitled “A Bill to incor- 
 porate the town of Ceredo, in Wayne county, ” which were read 
 the first time, and the first referred to the Committee on Internal 
 Improvements and Navigation and the second to the Committee on 
 Townships, &c. 
 
 House Bill No. 3, entitled “ A Bill legalizing the payment of 
 money by Superintendents of schools to Treasurers of counties for 
 the use of free schools, ” was read the third time, and passed with 
 its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chapline, Cham- 
 bers, Corley, Dix, Haymond, Hawkins, Hagar, Kitchen, Mahon, 
 Maxwell, O’Brien, Price, Slack and Wright — 16. 
 
 Nays — N one. 
 
 Mr. Burdett presented the petition of citizens of Taylor county 
 praying for an appropriation to aid in building a bridge over Three- 
 fork at Grafton, which was accompanied by a subscription of $476,00 
 on the part of the citizens. The petition and papers were referred 
 to the Committee on Internal Improvements and Navigation. 
 
 On motion of Mr. Chapline, 
 
 Resolved , That the Committee on Counties, Townships and 
 Municipal Corporations, be requested to inquire into the expediency 
 of reporting a bill permanently locating the county seat of Jeffer- 
 son county, at Shepherdstown in said county, thereby complying 
 with the wishes of every loyal voter in the county. 
 
 On motion of Mr. Hagar, 
 
 Resolved , That the Committee on Finance and Claims inquire into 
 the expediency of releasing the counties of Cabell, Wayne, Boone, 
 Logan, Wyoming, Mercer and McDowell, from the back tax for the 
 years 1861-2-3 and-4 ; and report by bill or otherwise. 
 
 On motion of Mr. Hagar, 
 
 Resolved , That the Committee on Privileges and Elections inquire 
 into the expediency of imposing a fine of not less than $50 nor 
 more than $100 upon all Supervisors and Inspectors of Elections 
 who shall hold any election without first taking the oath of office, 
 as required by law ; and any election' held by such Supervisors and 
 Inspectors shall be null and void ; and report by bill or otherwise. 
 
 On motion of Mr. Burdett, 
 
 Resolved , That the Committee on the Judiciary be instructed to 
 inquire into the expediency of so amending the law that no lien 
 or judgment, or any other claim shall deprive the widow or heirs 
 of the deceased party, of the benefits of any insurance policy. 
 
 On motion of Mr. Burley, 
 
 Resolved. That the Committee on the Judiciary be requested to 
 report such bill or bills as it may think necessary, in regard to 
 abolishing the office of County Treasurer ; and to provide that the 
 Sheriff perform the duties of said office ; and to so amend the 
 
46 
 
 Journal of the Senate. 
 
 exemption law as to except tax-payers from said exemption for the 
 payment of all taxes, and to authorize Supervisors to appoint Sur- 
 veyors of Roads in cases when the people fail to elect, or from any 
 other cause a vacancy may occur, and to provide for the payment 
 of the Suryeyors out of the road tax. 
 
 Messrs. Chapline and Kitchen were granted leave of absence. 
 
 Mr. Burley moved that House Joint Resolution Ho. 9, “ Fixing a 
 day for the selection of a permanent Capitol of the State, ” be 
 taken up, which was agreed to. 
 
 Mr. Burdett moved that the consideration of the said resolution 
 be indefinitely postponed; and the question being put, was decided 
 in the affirmative. 
 
 The Senate adjourned. 
 
 TUESDAY, January 30, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. 
 Alex. Martin, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, 1 
 January 29, 1866. j 
 
 The House has this day passed and asks the concurrence of the 
 Senate, in 
 
 House Bill Ho. 15, “ A Bill to provide for the sale of real estate 
 returned delinquent for the non-payment of taxes. ” 
 
 House Bill Ho. 18, “ A Bill to amend and re-enact the first sec- 
 tion of an act entitled ‘ An act providing for issuing grants for land 
 in certain cases, ’ passed December 9, 1863. ” 
 
 House Bill Ho. 20, “ A Bill to protect State and local bounties 
 provided for volunteers in the service of the United States against 
 attachment and levy for debt. ” 
 
 House Bill Ho. 21, “ A Bill to amend and re-enact section 16, 
 chapter 184, Code of Virginia, second edition. ” 
 
 House Bill Ho. 22, “A Bill to amend and re-enact section 36, 
 chapter 176, Code of Virginia, second edition. ” 
 
 House Bill Ho. 23, “ A Bill to amend and re-enact section 64 of 
 chapter 100 of the acts of 1863. ” 
 
 House Bill Ho. 25, “ A Bill amending the charter of Triadelphia 
 in the county of Ohio. ” 
 
 House Bill Ho. 27, “ A Bill to amend the charter of the town of 
 Clarksburg. ” 
 
 House Bill Ho. 31, “ A Bill to amend an act entitled ‘ An act 
 creating a board for the examination of certain military claims, ’ 
 passed Eebruary 25, 1863, ” and 
 
Journal of the Senate . 47 
 
 House Joint Resolution No. 12, providing guards for State 
 convicts in the jail of Ohio county: 
 
 Resolved , by the Legislature of West Virginia , That the Gover- 
 nor, whenever in his opinion it is necessary for the safe keeping of 
 the convicts confined in the jail of Ohio county, is authorized to 
 employ an efficient guard for the said jail at a sum not exceeding 
 two dollars per day, in addition to the guards now authorized to be 
 employed by law, to guard the said jail in the daytime. 
 
 The House has also passed Senate Bill No. 3, “ A Bill amending 
 section 44 of chapter 100 of the acts of 1863. ” 
 
 Wm. P. Hubbard, 
 
 Cleric House of Delegates. 
 
 Said bills were read the first time, and Nos. 18, 21, 22 and 23 
 were referred to the Committee on the Judiciary ; Nos. 15 and 20 
 to the Committee on Finance and Claims; Nos. 25 and 27 to the 
 Committee on Townships, &c ; and No. 31 to the Committee on 
 Military Affairs; and said resolution was concurred in. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back House Bill No. 7, entitled “ A Bill to authorize the release of 
 mortgages, deeds of trust, and other recorded liens, ” recommend- 
 ing its passage. 
 
 Mr. Haymond moved to amend the said bill by striking out of 
 the 2d line of the 2d section, and wherever else they occur in the 
 bill, the words “ satisfaction piece, ” and inserting in lieu thereof, 
 the word “ release , ” out of the 1st line of the 6th section, the 
 words “ satisfaction pieces, ” and inserting the word “ releases ; ” 
 and out of the 8th section, (engrossed bill,) where it twice occurs, 
 the word “satisfaction,” and inserting “release.” 
 
 These amendments were all adopted. 
 
 On motion of Mr. Burley, the words “ personal representative or 
 guardian, ” were inserted after the word “ lienor ” in the 1st line 
 of the 5th section. 
 
 On motion of Mr. Haymond, the words “by him ” were stricken 
 out of the 2d line of the 5th section. - 
 
 The bill was then read the second time, and ordered to its third 
 reading. 
 
 Mr. Burdett, fjrom the Committee on Finance and Claims, report- 
 ed back House Bill No. 16, entitled “ A Bill to authorize the City 
 of Wheeling to levy and collect license from Insurance Companies, ” 
 recommending its passage. 
 
 But on motion of Mr. Peck the bill was laid on the table. 
 
 Mr. Price, from the Committee on Townships, &c., reported Sen- 
 ate Bill No. 22, entitled “ A Bill to protect public school houses, ’’ 
 which was read the first time. 
 
48 
 
 Journal of the Senate. 
 
 Mr. Price, from the same Committee, reported back House Bill 
 No. 17, entitled “ A Bill in relation to the county seat of McDow- 
 ell county, ” recommending that it do not pass. 
 
 And the question being upon ordering the bill to its second read- 
 ing, it was decided in the negative. 
 
 Mr. Peck presented the remonstrance of citizens of Triadelphia 
 against the amendment of the charter of said town, which was 
 referred with the bill upon that subject. 
 
 Mr. Burdett presented the petition of Edward J. Colrider, of 
 Upshur county, praying relief from certain fines imposed against 
 him for violation of the revenue laws, which was referred to the 
 Committee on Finance and Claims. 
 
 Mr. Duval presented the petition of the Overseers of the Poor of 
 Brooke county, praying that they be authorized to correct their 
 report for the year ending March 31, 1864, which was referred to 
 the Committee on Humane and Criminal Institutions. 
 
 Mr. Duval, by leave, introduced Senate Bill No. 23, entitled “ A 
 Bill concerning Brooke Academy, ” which was read the first time> 
 and referred to the Committee on Education. 
 
 Mr. Slack, by leave, introduced Senate Bill No. 24, entitled “ A 
 Bill to incorporate the Elk Eiver Navigation Company, ” which 
 was read the first time, and referred to the Committee on Internal 
 Improvements and Navigation. 
 
 Mr. Peck, by leave, introduced Senate Bill No. 25, entitled “ A 
 Bill allowing appeals from the Board of Supervisors in certain 
 cases, ” which was read the first time, and referred to the Commit- 
 tee on the Judiciary. 
 
 Senate Bill No. 7, entitled “ A Bill to authorize the sale of a lot 
 in or near the town of Martinsburg, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — None. 
 
 House Bill No. 6, entitled “A Bill to extend the time allowed 
 the civil officers of the counties of Pendleton, Hardy and McDow- 
 ell, in which to qualify and give bond, ” was read the third time, 
 and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 16. 
 
 Nays — N one. 
 
 The Senate then adjourned. 
 
49 
 
 Journal of the Senate. 
 
 WEDNESDAY, January 31, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. 
 Alex. Martin, the journal of yesterday was read and approved. 
 
 A communication was received from the Board of Public Works 
 in response to a resolution adopted by the Senate asking for infor- 
 mation in regard to the transfer of Turnpike roads in which the 
 State owns stock, to counties, which was read and referred to the 
 Committee on Internal Improvements and Navigation. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, 1 
 Wheeling , January 30, 1866 J 
 
 The House has this day passed and respectfully asks the concur- 
 rence of the Senate in 
 
 House Bill No. 28, “ A Bill establishing the county of Mineral 
 out of a part of the county of Hampshire. ” 
 
 Wm. P. Hubbard, 
 
 Cleric House oj Delegates. 
 
 Said bill was read the first time, and referred to the Committee 
 on Townships, &c. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back the following bills, recommending that the one first named do 
 not pass, and that the other two do pass : 
 
 House Bill No. 14, entitled “A Bill amending section 1 of chapter 
 113, of the acts of 1863 ; ” 
 
 House Bill No. 21, entitled “ A Bill to amend and re-enact 
 section 16 of chapter 184 Code of Virginia, second edition ; ” and 
 
 House Bill No. 23, entitled “A Bill to amend and reenact 
 section 64 of chapter 100 of the acts of 1863. ” 
 
 The Senate refused to read the first named bill the second time, 
 and the other two were read the second time, and ordered to their 
 third reading. 
 
 Mr. Burdett, from the Committee on Finance and Claims, to 
 which was referred a resolution looking to the relief of Joseph 
 Lester, late Sheriff of Wyoming county, reported that the House 
 had introduced a bill in that regard. 
 
 Mr. Duval, from the Committee on Military Affairs, reported 
 back House Bill No. 31, entitled “ A Bill to amend an act entitled 
 ‘ An act creating a Board for the examination of certain Military 
 Claims, ’ passed February 25, 1865, ” with a recommendation that 
 it pass ; and the bill was read the second time, and ordered to its 
 third reading. 
 
 7 
 
50 
 
 Journal of the Senate. 
 
 Mr. Duval, from the same Committee, reported back House Joint 
 Resolution No. 11, “ Providing medals for West Virginia soldiers, ” 
 recommending its adoption. 
 
 On motion of Mr. Haymond, the said resolution was laid on the 
 table. 
 
 Mr. Dix, from the Committee on Education, reported back Sen- 
 ate Bill No. 16, entitled “A Bill to incorporate the Marshall 
 Institute and Library Association of Moundsville, ” recommending 
 that it do not pass. 
 
 The Senate refused to order the bill to be read the second time. 
 
 Mr. Burdett presented the petition of citizens of Hampshire 
 county, praying for the establishment of the county of Mineral out 
 of a part of Hampshire, which was referred to the Committee on 
 Townships, &c. 
 
 House Bill No. 7, entitled “A Bill to authorize the release of 
 mortgages, deeds of trust, and other recorded liens, ” was read the 
 third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 19, entitled “ A Bill for the relief of William E. 
 Lyon, was taken up on its second reading. 
 
 On motion of Mr. Haymond, the word “ and” was stricken out 
 of the 2d line, and the word “ or ” inserted in lieu thereof. 
 
 On motion of Mr. Maxwell, the words “ The said dam shall be in 
 all respects like the one which the said Gains was allowed to erect 
 under the said order, ” were added at the end of the first section. 
 
 The bill was then ordered to be engrossed. 
 
 Mr. Burdett presented the petitions of a number of Assessors 
 praying for an increase of Assessors fees, which were laid on the 
 table. 
 
 The Senate then adjourned. 
 
 THURSDAY, February 1, 1866. 
 
 The Senate met at the usual hour, and was opened with prayer 
 by Rev. Dr. Martin- 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
51 
 
 Journal of the Senate . 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling , January 31, 1866. J 
 The House has this day passed and asks the concurrence of the 
 Senate in 
 
 House Bill No. 9, “ A Bill to amend the law in relation to the 
 competency of witnesses, ” and has passed Senate Bill No. 13, “ A 
 Bill for the relief of James A. Ewing. ” 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
 Said House Bill No. 9, was read the first time, and referred to 
 the Committee on the Judiciary. 
 
 Mr. Maxwell from the Committee on the Judiciary, reported 
 Senate Bill No. 26, entitled “ A Bill to regulate the salary of the 
 Reporter of the Supreme Court of Appeals, ” which was read the 
 first time. 
 
 Mr. Maxwell,, from the same Committee, reported back Senate 
 Bill No. 18, entitled “ A Bill to amend the act exempting certain 
 property from execution or other process, ” recommending that it 
 do not pass ; and the Senate refused to read the bill the second 
 time. 
 
 Mr. Maxwell, from the same Committee, reported back House 
 Bill No. 18, entitled “ A Bill to amend and re-enact the first sec- 
 tion of an act entitled ‘ An act providing for issuing grants for 
 land in certain cases, ’ passed December 9, 1863, ” recommending 
 its passage, with an amendment, inserting in the 9th line, before 
 the word “surveys,” the word “such,” and striking out of the 
 22d line the word “fifty-three,” and inserting the word “forty- 
 three.” The said amendments were both adopted, the bill read 
 the second time, and ordered to its third reading. 
 
 Mr. Maxwell, from the same Committee, reported back Senate 
 Bill No. 9, entitled “A Bill to legalize the execution, acknowl-' 
 edgment and recording of certain deeds in Monroe county, ’* 
 recommending its passage, with the following amendments : 
 
 • 1. Strike out all after the enacting clause, and insert the 
 following : 
 
 “ 1. The acknowledgment and recordation of a deed, executed by 
 Robert Dunlap and Mary E. C. Dunlap, his wife, to Mary M. Har- 
 rison, wife of Nathaniel Harrison, of Monroe county, bearing date 
 on the 14th day of October, 1864, and admitted to record on the 
 6th day of May, 1865, in the Clerk’s office of the late county court 
 of Monroe county, is hereby legalized and declared to be valid. 
 
 The execution of the deed from G-eorge W. Hutchinson, Special 
 Commissioner of the former Circuit Court of the county of Monroe 
 to the said Mary M. Harrison, bearing date on the 2d day of Novem- 
 ber, 1864, and admitted to record in the Clerk’s office of the late 
 
52 
 
 Journal of the Senate . 
 
 county court of Monroe county, on the 22d day of November, 1864, 
 is hereby declared as legal as it would have been if the said Circuit 
 Court had had the power to order the same to be executed. The 
 acknowledgment and recordation of the same is hereby legalized 
 and declared to be valid. 
 
 2. Strike out of the title the words “ to legalize the execution, 
 acknowledgment and recording of, ” and insert in lieu thereof, the 
 words “ in relation to. ” 
 
 The amendments were both adopted, and the bill read the second 
 time, and ordered to be engrossed. 
 
 Mr. Burdett, from the Committee on Finance and Claims, reported 
 adversely upon the resolution of Mr. Corley, proposing to release 
 from back taxes and damages all lands which lie in counties where 
 collectors of the revenue were prevented from making collections 
 by reason of the war ; and the report was adopted. 
 
 Mr. Burdett, from the same Committee, reported Senate Bill No. 
 27, entitled “ A Bill to amend section 34 of chapter 118 of the 
 acts of 1863, ” which was read the first time. 
 
 Mr. Price, from the Committee on Townships, &c., reported back 
 House Bill No. 27, entitled “ A Bill to amend the charter of the 
 town of Clarksburg, ” and House Bill No. 28, entitled “ A Bill 
 establishing the county of Mineral out of a part of the county of 
 Hampshire, ” recommending that they pass ; and they were each 
 read the second time, and ordered to be read the third time. 
 
 Mr. Price, by leave, introduced Senate Bill No. 28, entitled “ A 
 Bill for the establishment and regulation of the West Virginia 
 Agricultural College, ” which was read the first time, and referred 
 to the Committee on Education. 
 
 Senate Bill No. 19, entitled “ A Bill for the relief of William E. 
 Lyon, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 21, entitled “ A Bill to amend and re-enact sec- 
 tion 16 of chapter 184, Code of Virginia, second edition, ” was 
 read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 23, entitled “ A Bill to amend and re-enact sec- 
 tion 64 of chapter 100 of the acts of 1863, ” was read the third 
 time, and passed with its title : 
 
53 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Hawkins, Hagar, Mahon, O’Brien, Peck, 
 Price, Slack and Wright — 15. 
 
 Nays — Messrs. Haymond and Maxwell — 2. 
 
 House Bill N&. 31, entitled “ A Bill to amend an act entitled 
 ‘ An act creating a Board for the examination of certain military 
 claims, ’ passed February 25, 1865, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 On motion of Mr. Burdett, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and House Bill No. 28, entitled “ A 
 Bill establishing the county of Mineral out of a part of the county 
 of Hampshire, ” was this day read the third time, and passed with 
 its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 22, entitled “ A Bill to protect public school 
 houses, ” was amended by striking out of the 17th line the word 
 “educational,” and inserting in lieu thereof, the word “school.” 
 
 On motion of Mr. Mahon, the said bill was laid on the table. 
 
 On motion of Mr. Duval, House Joint Resolution No. 11, “ Pro- 
 viding medals of honor for West Virginia soldiers, ” was taken 
 from the table and adopted. 
 
 On motion of Mr. Peck, 
 
 JResolved, That the Committee on Finance and Claims be directed 
 to inquire into the expediency of authorizing the Supervisors of 
 Ohio county to increase the compensation of the Prosecuting 
 Attorney of said county beyond the sum now authorized by law. 
 
 The Senate then adjourned. 
 
 FRIDAY, February 2, 1866. 
 
 The Senate met at 10 o’clock, A. M., and was opened with 
 prayer by Rev. Dr. Martin. 
 
 The following communication was received from the House of 
 Delegates ; 
 
54 
 
 Journal of the Senate. 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling, ieb. 1, 1866. J 
 
 The House has this day concurred in all the amendments pro- 
 posed by the Senate to House Bill No. 7, “ A Bill to authorize the 
 release of mortgages, deeds of trust, and other recorded liens.” 
 
 W. P. Hubbard, 
 
 Cleric House of Delegates. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back House Bill No. 22, entitled “A Bill to amend and re-enact 
 section 86, chapter 176, Code of Virginia, second edition, ” recom- 
 mending its passage with an amendment, adding at the end of the 
 bill, the words, “ This section shall not apply to witnesses before 
 justices. ” 
 
 The said amendment was agreed to, the bill read the second 
 time, and ordered to its third reading. 
 
 Mr. Burdett, from the Committee on Finance and Claims, reported 
 back, with a recommendation that it pass, House Bill No. 20, 
 entitled “ A Bill to protect State and local bounties for volunteers 
 in the service of the United States and of this State against attach- 
 ment and levy for debt, ” which was read the second time and 
 ordered to be read the third time. 
 
 Mr. Mahon presented the petition of citizens of sub-district No. 
 2, Gilmer Township, Jackson county, praying that they be author- 
 ized to levy a tax of fifty cents on the hundred dollars for building 
 school houses, which was read and referred to the Committee on 
 Education. 
 
 Mr. Peck, by leave, introduced Senate Bill No. 29, entitled “ A 
 Bill providing for the issuing of attachments in certain cases,” 
 which w r as read the first time, and referred to the Committee on 
 the Judiciary. 
 
 On motion of Mr. Burdett, Senate Bill No. 9, entitled “A Bill 
 in relation to certain deeds in Monroe county, ” was laid on the 
 table. 
 
 Mr. Burdett, from the Committee on Finance and Claims, reported 
 back House Bill No. 15, entitled “ A Bill to provide for the sale of 
 real estate returned delinquent for the non-payment of taxes, ” 
 recommending its passage. 
 
 The bill was read by sections for amendment. 
 
 Mr. Burdett moved to amend the bill by striking out the words 
 11 per centum , ” wherever they occur, and inserting in lieu thereof, 
 the words “ per cent ; ” but the motion was rejected. 
 
 On motion of Mr. Burley, the bill was re-committed. 
 
55 
 
 Journal of the Senate. 
 
 House Bill No. 18, entitled “ A Bill to amend and re-enact the 
 first section of an act entitled ‘ An act providing for issuing grants 
 for land in certain cases, ’ passed December 9, 1865,” was read the 
 third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 27, entitled “A Bill to amend the charter of 
 the town of Clarksburg, ” was read the third time, and passed with 
 its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 On motion of Mr. Peck, House Bill No. 16, entitled “ A Bill to 
 authorize the city of Wheeling to levy and collect license from 
 Insurance Companies, ” was taken up, and amended by adding at 
 the end of the bill the following : “ Provided that the said license 
 
 shall be taxed equally, and that not over the sum of fifty dollar 
 shall be assessed on each. ” 
 
 On motion of Mr. Burley, the word “ foreign ” was inserted 
 before the word “ Insurance ” in the 3d line. 
 
 On motion of Mr. Peck, the bill was laid on the table. 
 
 The Senate then adjourned. 
 
 SATURDAY, February 3, 1866. 
 
 The Senate met at 10 o’clock, A. M., and after prayer by Rev. Dr. 
 Martin, the journal of yesterday was read and approved. 
 
 Mr. Price, from the Committee on Townships, &c., reported back. 
 Senate Bill No. 21, entitled “ A Bill to incorporate the town of 
 Ceredo in the county of Wayne, ” recommending its passage with 
 an amendment, striking out of the 2d line of the 20th section the 
 word “ eighteen, ” and inserting in lieu thereof, the word “ twenty- 
 one. ” 
 
 The amendment was adopted. 
 
 The bill was read by sections for amendment. 
 
 Mr. Burdett moved to strike out of the 4th and 5th line of the 
 12th section the words “ of loyalty prescribed, ” and insert in lieu 
 thereof, the words “prescribed by law,” but the motion was 
 rejected. 
 
 Mr. Burley moved to add at the end of the 28th section the 
 words “ Provided, however, that the said town shall keep its 
 
56 
 
 Journal of the Senate. 
 
 streets and alleys in good order, and provide for its own poor,” 
 which was agreed to. 
 
 The bill was read the second time and ordered to be engrossed 
 and read the third time. 
 
 Mr. Dix, from the Committee on Education, reported back Senate 
 Bill No. 23, entitled “ A Bill concerning Brooke Academy, ” without 
 recommendation ; and the Senate refused to read the Bill a second 
 time. 
 
 House Bill No. 22, entitled “ A Bill to amend and re-enact sec- 
 tion 36, chapter 176, Code of Virginia, second edition, ” was read 
 the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Price, Slack and Wright — 16. 
 
 Nays — N one. 
 
 House Bill No. 20, entitled “ A Bill to protect State and local 
 bounties for volunteers in the service of the United States and this 
 State, against attachment and levy for debt, ” was read the third 
 time and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Corley, Dix, Duval, Haymond, Hawkins, Hagar, Mahon, 
 Maxwell, O’Brien, Price, Slack and Wright — 16. 
 
 Nays — None. 
 
 Senate Bill No. 27, entitled “ A Bill to amend section 34 of chapter 
 118 of the acts of 1863, *’ was read the second time, and ordered to 
 be engrossed. 
 
 On motion of Mr. Maxwell, Senate Bill No. 9, entitled “ A Bill 
 in relation to certain deeds in Monroe county, ” was taken from 
 the table, the vote ordering its engrossment re-considered, and the 
 bill re-committed. 
 
 Mr. Burdett presented the following joint resolution, which lies 
 over one day under the rules : 
 
 Resolved , by the Legislature of West Virginia , That, as a mark of 
 respect and gratitude to General D. Karns for his efforts, enter- 
 prise and perseverance in first discovering, and his energy in 
 developing Petroleum within this State, the Governor cause to be 
 struck a medal, with suitable devices and inscriptions, to be pre- 
 sented to General Karns. 
 
 On motion of Mr. Burley, 
 
 Resolved , That the Committee on the Judiciary be requested to 
 inquire into the expediency of reporting a bill amending the 2d 
 section of chapter 133 of the acts of 1863, so as to allow constables 
 a fair compensation for summoning witnesses and summoning a 
 jury, and return of venire. 
 
 Mr. Burdett was granted leave of absence until Tuesday next. 
 
 The Senate adjourned. 
 
57 
 
 Journal of the Senate. 
 
 MONDAY, February 5, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. 
 D. W. Fisher, the journal of Saturday was read and approved. 
 
 Mr. O’Brien, by leave, introduced Senate Bill No. 30, entitled 
 “ A Bill to alter part of the division line between the counties of 
 Upshur and Barbour, ” which was read the first time and referred 
 to the Committee on Townships, &c. 
 
 Senate Bill No. 21, entitled “ A Bill to incorporate the town of 
 Ceredo in the county of Wayne, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Cor- 
 ley, Haymond, Hawkins, Hagar, Kitchen, Mahon, O’Brien, Price 
 and Wright — 12. 
 
 Nays — Mr. Maxwell — 1. 
 
 Senate Bill No. 27, entitled “ A Bill to amend section 34 of chapter 
 118 of the acts of 1863, ” was read the third time and passed with 
 its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Cor- 
 ley, Haymond, Hawkins, Hagar, Kitchen, Mahon, Maxwell, O’Brien, 
 Price and Wright — 13. 
 
 Nays — N one. 
 
 The Senate adjourned. 
 
 TUESDAY, February 6, 1866. 
 
 The Senate met at 10 o’clock, A. M., and after prayer by Rev. 
 D. W. Fisher, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling, February 5, 1866. / 
 
 The House has this day passed Senate Bill No. 7, “ A Bill to 
 authorize the sale of a lot in or near the town of Martinsburg ; 
 concurred in the amendments made by the Senate to House Bill 
 No. 18, “ A Bill to amend and re-enact the first section of an act 
 entitled ‘ An act providing for issuing grants for land in certain 
 cases, ’ passed December 9, 1863, ” and House Bill No. 22, “ A Bill 
 to amend and re-enact section 36, chapter 176, Code of Virginia, 
 second edition ; ” passed and respectfully asks the concurrence of 
 the Senate in House Bill No. 37, “ A Bill to refund to certain 
 counties their proportion of the school fund, ” and House Bill No. 
 39, “ A Bill appropriating six hundred dollars to' William Alexan- 
 der. ” 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
 8 
 
58 
 
 Journal of the Senate. 
 
 Said House Bill No. 37, was read the first time, and referred to 
 the Committee on Education ; and No. 39 was read the first time 
 and referred to the Committee on Finance and Claims. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back Senate Bill No. 31, entitled “ A Bill to alter the terms of 
 the circuit courts in the 9th circuit, ” which was read the first 
 time, and its printing dispensed with. 
 
 On motion of Mr. Peck, the case being urgent and three-fourths 
 of the members consenting thereto, the rule was suspended for the 
 purpose, and said last named bill read the second time this day, 
 and ordered to be engrossed. 
 
 Mr. Maxwell, from the same Committee, reported Senate Bill No. 
 32, entitled “ A Bill to repeal the acts giving the courts of Dod- 
 dridge and Ritchie jurisdiction in cases arising in Gilmer and 
 Calhoun, ” which was read the first time, and its printing dispensed 
 with. 
 
 Mr. Price, from the Committee on Townships, &c., reported back 
 House Bill No. 25, entitled “A Bill amending the charter of the 
 town of Triadelphia, in the county of Ohio, ” with a recommendation 
 that it pass with an amendment, inserting after the word “ run- 
 ning, ” in the 31st line, the words “horses or any other animal of 
 their kind. ” 
 
 The amendment was adopted. 
 
 On motion of Mr. Mahon, the words “ of the peace of said 
 county, ” were stricken out of the 51st line, and the words 
 “ Triadelphia township ” inserted. 
 
 The said bill was then read the second time, and ordered to its 
 third reading. 
 
 Mr. Corley, by leave, introduced Senate Bill No. 33, entitled “ A 
 Bill concerning the railroads of this State, ” which was read the 
 first time, and referred to the Committee on Internal Improvements 
 and Navigation. 
 
 Mr. Chambers, by leave, introduced Senate Bill No. 34, entitled 
 “ A Bill relieving certain counties from taxes, ” which was read 
 the first time, and referred to the Committee on Finance and 
 Claims. 
 
 On motion of Mr. Maxwell, Senate Bill No. 26, entitled “ A Bill 
 to regulate the salary of the Reporter of the Supreme Court of 
 Appeals, ” was amended, by striking out of the second line the 
 words “ such sum. not exceeding, ” and out of the 4th and 5th lines 
 the words “ as the court may determine. ” 
 
 The bill was then read the second time, and ordered to be 
 engrossed. 
 
59 
 
 Journal of the Senate. 
 
 On motion of Mr. Peck, Senate Bill No. 10, entitled “ A Bill 
 securing liens to mechanics, laborers and others,” was taken from 
 the table, read the second time, and ordered to be engrossed. 
 
 On motion of Mr. Chapline, Senate Bill No. 8, entr led “ A Bill 
 amending section 94, chapter 118 of the acts of 1863, ” was taken 
 from the table, read the second time, and ordered to be engrossed. 
 
 Mr. Mahon presented two petitions, from a large number of 
 citizens of Jackson county, praying for the adoption of the constitu- 
 tional amendment, which were read and referred to the Committee 
 on the Judiciary. 
 
 Mr. Kitchen presented the petition of a large number of loyal 
 citizens of Berkeley county praying for the passage of an act to 
 indemnify them for losses sustained by them during the rebellion, 
 which was read and referred to the Committee on Finance and 
 Claims. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the Committee on the Judiciary inquire into the 
 expediency of enlarging the jurisdiction of the Municipal Court of 
 Wheeling in civil and criminal matters, and report by bill or 
 otherwise. 
 
 On motion of Mr. Peck, 
 
 Resolved, That the Committee on Education inquire into and 
 report the expediency of amending the act in relation to the Free 
 Schools of Wheeling. 
 
 On motion of Mr. Corley, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation inquire into the expediency of appropriating $50,000 
 to McAdamize the Clarksburg and Buckhannon Turnpike road, 
 and report by bill or otherwise. 
 
 On motion of Mr. Burdett, 
 
 Resolved , That the Committee on Townships, &c., be instructed 
 to inquire into the expediency of requiring Eecorders to make 
 their list of transfers furnished Assessors, alphabetically and by 
 tow T nsbips. 
 
 The Senate then adjourned. 
 
 WEDNESDAY, February 7, 1866. 
 
 The Senate met at the usual hour, and was opened with prayer by 
 Pev. D. W. Fisher, after which the journal of yesterday was read 
 and approved. 
 
 Mr. Burdett, from the Committee on Finance and Claims, report- 
 ed back House Bill No. 39, entitled “ A Bill appropriating six 
 hundred dollars to William Alexander, ” recommending its passage ; 
 and it was read the second time, and ordered to its third reading. 
 
60 
 
 Journal of the Senate. 
 
 Mr. Barley, from the Committee on Internal Improvements and 
 Navigation, reported back Senate Bill No. 11, entitled “ A Bill to 
 incorporate the Jonathan’s Gaut and Glenn’s Bun Turnpike Com- 
 pany, ” recommending its passage with the following amendments : 
 
 1. Strike out of the 6th line, 1st section, the words “ Jonathan’s 
 Gaut at the, ” and insert in lieu thereof, the words “ Wheeling 
 Iron Works. ” 
 
 2. Strike out of the 7th line, 1st section, the words “ end of 
 Main street. ” 
 
 3. Insert the words “ one mile ” between the word “ road” and 
 the word “ above, ” in the 2d line of the 4th section. 
 
 All of said amendments were adopted, the bill read the second 
 time, and ordered to be engrossed. 
 
 Mr. Wright, by leave, introduced Senate Bill No. 35, entitled 
 “ A Bill to amend and re-enact section 6 of an act entitled ‘ An 
 act concerning licenses,’ passed November 28, 1863,” which was 
 read the first time, and referred to the Committee on the Judiciary. 
 
 Mr. Haymond, by leave, introduced Senate Bill No. 36, entitled 
 “ A Bill to encourage immigration into West Virginia, ” which was 
 read the first time, and referred to the Committee on Banks and 
 Corporations. 
 
 Mr. Hagar, by leave, introduced Senate Bill No. 37, entitled “ A 
 Bill to authorize suits and proceedings which might be brought in 
 the county of Logan, to be brought and prosecuted in the county 
 of Boone, ” which was read the first time, its printing dispensed 
 with, and referred to the Committee on the Judiciary. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 38, entitled 
 “ A Bill to repeal the 9th section of * An act defining the powers 
 and duties of Recorders in relation to Wills and Fiduciaries, ’ passed 
 September 3, 1863, ” which was read the first time, and referred to 
 the Committee on the Judiciary. 
 
 House Bill No. 25, entitled “ A Bill amending the charter of 
 the town of Triadelphia, ” was read the third time, and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Chap- 
 line, Chambers, Corley, Dix, Duval, Haymond, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 8, entitled “A Bill amending section 94, chapter 
 118 of the acts of 1863, ” was read the third time, and passed with 
 its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Chapline, 
 Chambers, Corley, Dix, Duval, Haymond, Hawkins, Kitchen, Mahon, 
 Maxwell, 0”Brien, Peck, Price and Wright — 17. 
 
 Nays — None. 
 
61 
 
 Journal of the Senate. 
 
 Senate Bill No. 10, entitled “ A Bill securing liens to mechanics, 
 laborers and others, ” was read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Chapline, Corley, Dix, Duval, Haymond, Hawkins, Hagar, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price and Wright — 18. 
 
 Nays — N one. 
 
 Senate Bill No. 26, entitled “ A Bill to regulate the salary of 
 the Reporter of the Supreme Court of Appeals, ” was read the 
 third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Chapline, Corley, Dix, Duval, Haymond, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 31, entitled “ A Bill to alter the terms of the 
 circuit courts in the ninth circuit, ” was read the third time, and 
 passed with its title: 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Chap- 
 line, Chambers, Corley, Dix, Duval, Haymond, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 32, entitled “ A Bill to repeal the acts giving 
 the courts of Doddridge and Ritchie jurisdiction in cases arising 
 in Gilmer or Calhoun, ” was read the second time, and ordered to 
 be engrossed. 
 
 On motion of Mr. Burdett, Senate Joint Resolution No. 7, “ to 
 provide a medal for General Samuel D. Karns, ” was taken up, 
 when Mr. Burdett offered the following substitute : 
 
 Resolved , by the Legislature of West Virginia , That the Governor 
 of this State cause a medal to be struck, with suitable devices and 
 inscriptions thereon, and presented to General Samuel D. Karns as 
 a testimonial of the value of his enterprise and exertions in first 
 discovering and his unceasing efforts in developing Petroleum in 
 this State. 
 
 Mr. Burdett then moved that the resolution and the substitute 
 be laid on the table, which was agreed to. 
 
 Mr. O’Brien moved that the vote adopting the adverse report of 
 the Committee on Finance and Claims in regard to the claim of J. 
 Edgar Boyers, be re-considered, but the motion was decided in the 
 negative. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the Committee on the Judiciary inquire into the 
 propriety of amending section 6 of chapter 204 of the Code of Vir- 
 ginia, so as to allow Justices to admit to bail persons charged with 
 felony before them. 
 
62 
 
 Journal of the Senate. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the Committee on the Judiciary inquire into the 
 expediency of providing that the action of forcible detainer shall 
 survive upon the death of either of the parties, to the heirs, 
 devisees or executors of the party so dying. 
 
 Mr. Peck introduced Senate Joint Resolution No. 8, as follows : 
 Re it Resolved by the Legislature of West Virginia : 
 
 That Sylvanus W. Hall be paid out of the contingent fund in 
 hands of the Governor, the sum of one hundred dollars, for his 
 time and services in removing the law library from Lewisburg to 
 the city of Wheeling. 
 
 The resolution lies over one day under the rules. 
 
 The Senate then adjourned. 
 
 THURSDAY, February 8/ 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. 
 Dr. Drummond, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates :* 
 
 Clerk’s Office, House of Delegates, ] 
 February 7, 1866. J 
 
 The Plouse has this day passed and asks the concurrence of the 
 Senate, in 
 
 House Bill No. 44, “ A Bill to repeal sections 22 and 23 of chapter 
 163 of the Code of Virginia, second edition. ” 
 
 House Bill No. 49, “ A Bill to enable the council of the city of 
 Parkersburg to change the name of the streets thereof. ” 
 
 House Bill No. 50, “ A Bill making an appropriation to the West 
 Virginia Hospital for the Insane. ” 
 
 House Bill No. 51, “ A Bill to legalize marriages celebrated 
 during the rebellion. ” 
 
 House Bill No. 52, “ A Bill to amend and re-enact the 1st section 
 of chapter 5 of the acts of 1864. ” 
 
 House Bill No. 53, “ A Bill to amend and re-enact a part of 
 the 1st section of chapter 20 of the acts of the General Assembly 
 of Virginia, passed at Richmond in 1861,” and 
 
 House Bill No. 55, “A Bill establishing the county of Grant 
 out of a part of the county of Hardy. ” 
 
 Wm. P. Hubbard, 
 Clerk House of Delegates. 
 
 Said bills were read the first time, and Nos. 44, 51, 52 and 53 
 were referred to the Committee on the Judiciary; No. 49, to the 
 Committee on Banks and Corporations ; No. 50, to the Committee 
 on Finance and Claims ; and No. 55, to the Committee on 
 Townships, &c. 
 
63 
 
 Journal of the Senate. 
 
 * Mr. Burdett, from the Committee on Finance and Claims, reported 
 that it is inexpedient to legislate upon the subject of releasing Wil- 
 son Abbott, late Sheriff of Raleigh county, from the payment of 
 certain judgments obtained against him by the State of Virginia. 
 
 The report was adopted. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported Senate Bill No. 39, entitled “ A Bill constitu- 
 ting the bank of certain streams in Morgan, county a lawful fence, ” 
 which was read the first time. 
 
 Mr. Dix, from the Committee on Education, reported back House 
 Bill No. 37, entitled “ A Bill to refund to certain counties their 
 proportion of the school fund, ” with a substitute therefor, as 
 follows : 
 
 Substitute for House Bill No. 37, “ A Bill prescribing how the 
 general school fund shall be apportioned to certain counties in the 
 year 1866. ” 
 
 Be it enacted by the Legislature of West Virginia: 
 
 1. The Auditor in the next apportionment of the general school 
 fund shall apportion to the counties of Putnam, Pleasants, Wirt, 
 Wood, Monongalia, Randolph and Gilmer, in addition to their share 
 of such fund this year, such portion thereof as they would have 
 been entitled to receive in the year 1865, had they then made full 
 returns of the number of school children in their respective 
 counties. Such apportionment shall be made upon the enrollment 
 of the present year. 
 
 2. The Superintendents of the counties aforesaid are hereby 
 required to apportion to such townships in their counties, in 
 addition to their share of the school fund this year, ^uch portion as 
 they would have been entitled to receive in 1865, had they made 
 their return according to law. 
 
 The said substitute was adopted, and the bill read the second 
 time, and ordered to its third reading. 
 
 Mr. Duval, by leave, introduced Senate Bill No. 40, entitled “ A 
 Bill to authorize Adam Kuhn and others to sink a coal shaft in the 
 town of Wellsburg, and for other purposes, ” which was read the 
 first time, and referred to the Committee on Finance and Claims. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 41, entitled 
 “A Bill to relieve judgment debtors, ” which ^vas read the first 
 time, and referred to the Committee on the Judiciary. 
 
 Mr. Hawkins, by leave, introduced Senate Bill No. 42, entitled 
 “ A Bill to amend section 12 of chapter 30 of the acts of 1865, ” 
 which was read the first time, its printing dispensed with, and 
 referred to the Committee on the Judiciary. 
 
 Mr. Hagar, by leave, introduced a substitute for Senate Bill No. 
 15, entitled “ A Bill to incorporate the Wayne county Coal and 
 
64 
 
 Journal of the Senate. 
 
 Iron Railway Company, ” and the substitute was referred to tbb 
 Committee on Internal Improvements and Navigation. 
 
 Mr. Kitchen presented remonstrances against the formation of 
 the county of Grant out of a part of the county of Hardy, which 
 were referred to the Committee on Townships, &c. 
 
 House Bill No. 39, entitled “ A Bill appropriating six hundred 
 dollars to William Alexander, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Chapline, Corley, Dix, Duval, Haymond, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — -17. 
 
 Nays — N one. 
 
 Senate Bill No. 11, entitled “ A Bill to incorporate the Jon- 
 athan’s Gaut and Glenn’s Run Turnpike Company, ” was amended 
 by general consent, by striking out of the 22d and 23d lines the 
 words “ Jonathan’s Gaut, ” and inserting in lieu thereof, the words 
 “ Wheeling Iron Works, ” when the bill was read the third time, 
 and passed : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 On motion of Mr. Peck, the title was amended by striking out 
 the words “ Jonathan’s Gaut, ” and inserting in lieu thereof, the 
 words “ Wheeling Iron Works, ” and thus amended the title was 
 passed. 
 
 Senate Bill No. 32, entitled “ A Bill to repeal the acts giving 
 the courts of Doddridge and Ritchie jurisdiction in cases arising in 
 Gilmer or Calhoun, ” was read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Burdett, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 On motion of Mr. Chapline, Senate Joint Resolution No. 8, *“ to 
 pay for services in removing law library from Lewisburg to Wheel- 
 ing, ” was taken up, and referred to the Committee *on Finance and 
 Claims. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the Committee on Finance and Claims inquire 
 into the propriety of amending section 1 of chapter 78 of the acts 
 of 1862. 
 
 The Senate then adjourned. 
 
65 
 
 Journal of the Senate. 
 
 FRIDAY, February 9th, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. Mr. 
 Taylor, of Fairmont, the journal of yesterday was read and 
 approved. 
 
 The following communication was received from the House of 
 Delegates: 
 
 Clerk’s Office, House of Delegates. 1 
 February 8, 1866. J 
 
 The House has this day concurred in the amendments proposed 
 by the Senate to House Bill No. 25, “ A Bill amending the charter 
 of the town of Triadelphia in the county of Ohio ; ” has also 
 passed and asks the concurrence of the Senate in 
 
 House Bill No. 8, “A Bill to amend the law relating to the 
 maintenance of illegitimate children. ” 
 
 House Bill No. 29, “ A Bill to construct a mill dam across Elk 
 River, at Sutton, Braxton county. ” 
 
 House Bill No. 30, “ A Bill to provide for a re-assessment of the 
 value of all the real estate within this State. ” 
 
 House Bill No. 42, “ A Bill to establish a permanent seat of gov- 
 ernment for the State of West Virginia. ” 
 
 House Bill No. 57, “ A Bill to provide a penitentiary for the 
 State. ” 
 
 House Bill No. 59, “A Bill to prevent further taxation of soldiers 
 property for bounty purposes. ” 
 
 House Bill No. 60, “ A Bill removing the county seat of Calhoun 
 county, ” and House Joint Resolution No. 14, “ Agreeing to the 
 proposed amendment to the State Constitution, ” as follows : 
 Whereas, the legislature of this State at its last session in con" 
 formity to the constitution agreed to the following proposed amend- 
 ment to the constitution of this State, to be added at the end of the 
 first section of the third article thereof, to become part of the said 
 constitution when ratified according to the provisions thereof, 
 namely : 
 
 “ No person who since the first day of June, 1861, has given or 
 shall give voluntary aid or' assistance to the rebellion against the 
 United States shall be a citizen of this State, or be allowed to vote 
 at any election held therein, unless he has volunteered into the 
 military or naval service of the United States, and has been or 
 shall be honorably discharged therefrom. ” 
 
 And whereas , the said proposed amendment was published for at 
 least three months before the last general election in some news- 
 paper in every county in the State in which there was at that time 
 a newspaper printed : Therefore, Resolved by the Legislature of 
 
 West Virginia, that the said proposed amendment is hereby agreed 
 to. 
 
 , Wm. P. Hubbard, 
 
 Clerh House of Delegates. 
 
 9 
 
66 
 
 Journal of the Senate. 
 
 Said bills were each read the first time, and Nos. 8 and 42 refer- 
 red to the Committee on the Judiciary ; No. 29, to the Committee 
 on Internal Improvements and Navigation ; No. 30, to the Commit- 
 tee on Finance and Claims; No. 57, to the Committee on Humane 
 and Criminal Institutions ; No. 59, to the Committee on Military 
 Affairs ; and No. 60, to the Committee on Townships, &c. 
 
 Said resolution was read the first time, and referred to the 
 Committee on the Judiciary. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 Senate Bill No. 43, entitled “ A Bill better to provide for the 
 distribution of the acts, ” which was read the first time. 
 
 Mr. Maxwell, from the same Committee, reported back Senate 
 Bill No. 37, entitled “ A Bill to authorize suits and proceedings 
 which might under existing laws be brought in the county of Logan, 
 to be brought and prosecuted in the county of Boone, recommend- 
 ing its passage ; and it was read the second time, and ordered to be 
 engrossed. 
 
 Mr. Maxwell, from the same Committee, reported back Senate 
 Bill No. 29, entitled “ A Bill providing for the issuing of attach- 
 ments in certain cases,” recommending its passage; and it was 
 read the second time, and ordered to be engrossed. 
 
 Mr. Maxwell, from the same Committee, reported back Senate 
 Bill No. 1, with a substitute therefor, entitled “ A Bill in relation 
 to the oaths of Attorneys at Law, ” which was adopted, and the 
 bill read the second time, and ordered to be engrossed. 
 
 Mr. Burdett, from the Committee on Finance and Claims, reported 
 back House Bill No. 50, entitled “ A Bill making an appropriation 
 to the West Virginia Hospital for the Insane, ” recommending its 
 passage; and it was read the second time, and ordered to its third 
 reading. 
 
 Mr. Burdett, from the same Committee, reported back House Bill 
 No. 15, entitled “ A Bill to provide for the sale of real estate 
 returned delinquent for the non-payment of taxes, ” recommending 
 its passage ; but 
 
 On motion of Mr. Maxwell, the bill was laid on the table. 
 
 Mr. Burdett, from the same Committee, reported back Senate 
 Joint Kesolution No. 8, “ To pay for services in removing the law 
 library from Lewisburg to Wheeling, ” with the following substitute 
 therefor : 
 
 Resolved by the Legislature of West Virginia : 
 
 That Sylvanus W. Hall be paid the sum of one hundred and fifty 
 dollars, and Henry M. Mathews the sum of one hundred dollars, 
 out of the contingent fund in the hands of the Governor, for their 
 
Journal of the Senate. 67 
 
 time and services in removing the law library from Lewisburg to 
 the city of Wheeling. ” 
 
 The substitute was agreed to, and the resolution adopted. 
 
 Mr. Duval, from the Committee on Military Affairs, reported 
 Senate Bill No. 44, entitled “A Bill making an appropriation for 
 the Antietam National Cemetery near Sharpsburg, Maryland, ” 
 which was read the first time. 
 
 Mr. Chapline, from the Committee on Banks and Corporations, 
 reported back House Bill No. 49, entitled “ A Bill to enable the 
 council of the city of Parkersburg to change the name of the 
 streets thereof, " recommending its passage ; and it was read the 
 second time, and ordered to its third reading. 
 
 Mr. Wright, by leave, introduced Senate Bill No. 45’, entitled 
 “ A Bill to prevent Intoxication, ” which was read the first time 
 and referred to the Committee on the Judiciary. 
 
 The Senate substitute for House Bill No. 37, entitled “ A Bill 
 prescribing how the general school fund shall be apportioned to 
 ertain counties in the year 1866, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Ilaymond, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 16. 
 
 Nays — N one. 
 
 On motion of Mr. Hagar, the vote yesterday, adopting the 
 adverse report of the Committee on Finance and Claims in regard 
 to releasing certain judgments against Wilson Abbott, late Sheriff 
 of Paleigh county, was re-considered, and the report, petition and 
 papers were re-committed. 
 
 On motion of Mr. Hagar, 
 
 Resolved , That the Committee on Finance and Claims inquire 
 into the expediency of allowing Pemberton Cook the sum of $85,00 
 for property lost in the service of the State. 
 
 Mr. Hagar presented petitions and papers relating to the same 
 subject, which were referred with the resolution. 
 
 Mr. Chambers offered the followiug resolution, which was laid on 
 the table : 
 
 Resolved , That the President of the Senate be requested to order 
 an election for a Senator in the 9th Senatorial district, to fill a 
 vacancy existing therein. 
 
 Mr. Burley offered Senate Joint Resolution No. 9, (which under 
 the rules lies over one day,) as follows : 
 
 / Resolved , by the Legislature of West Virginia : 
 
 That our Representatives in Congress be requested and our Sen- 
 ators instructed to oppose a renewal of the late reciprocity treaty 
 with England, in relation to our trade with Canada, &c., and to 
 
68 
 
 Journal of the Senate. 
 
 insist that the duty on coal coming into the United States, whether 
 from the British Provinces or elsewhere, shall not be less than one 
 dollar and seventy-five cents per ton. 
 
 2. Resolved, That a copy of the foregoing resolutions be trans- 
 mitted by the clerk of the House of Delegates to each of our 
 Representatives and Senators in Congress. 
 
 The Senate then adjourned. 
 
 SATURDAY, February 10, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. Mr. 
 Dix, member of the Senate, the journal of yesterday was read and 
 approved. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back House Bill No. 51, entitled “A Bill to legalize marriages 
 celebrated during the rebellion,” recommending its passage ; and 
 it was read the second time, and ordered to its third reading. 
 
 Mr. Maxwell, from the same Committee, reported back Senate 
 Bill No. 2, entitled, “A Bill ’to prevent and punish the forcible or 
 unlawful obstruction of public justice,” recommending its passage 
 with the following amendments : 
 
 1. Strike out of the 1st line, 1st section, the word “ especially.” 
 
 2. Strike out of the 12th line, 3rd section, the words, “ less than 
 one,” and out of the 13th line, 3rd section, the words, “month nor.” 
 
 3. Strike out of the 1st line of the 4th section, the word “ or;” 
 and out of the 2nd line, same section, the word, “words” and 
 insert in lieu thereof, the word “ or and out of the 2nd and 3rd 
 lines, same section, the words, “ letters, writing, public speeches, 
 printing, publishing ; and insert between the words “ oppose ” and 
 “ any, ” in the 5th line of same section the words, “ or shall counsel 
 or advise others to hinder, obstruct or oppose;” and strike out of 
 the 11th line, same section, the words “ one hundred, ” and insert 
 “ ten, ” and out of the 11th and 12th lines, same section, the words, 
 “one thousand,” and insert “five hundred;” and strike out all 
 between the word “dollars ” in the 12th line, same section, and the 
 word “ provided ,” in the 15th line, same section. 
 
 All of said amendments were adopted, the bill read the second 
 time, and ordered to be engrossed. 
 
 Mr. Maxwell, from the same Committee reported back House 
 Bill No. 42, entitled “ A Bill to establish a permanent seat of 
 government for the State of West Virginia, ” recommending its 
 passage, with the following amendment : Strike out of the 1st section > 
 the words, “ Buckhannon, in the county of Upshur, ” and insert in 
 lieu thereof, the words, “ Clarksburg, in the county of Harrison, ” 
 but, 
 
 On motion of Mr. Dix, the bill was laid on the table. 
 
69 
 
 Journal of the Senate. 
 
 Mr. Maxwell, from, the same Committee, reported back House 
 Joint Resolution, No. 14, “ agreeing to the proposed amendment 
 to the State Constitution, ” recommending its passage ; and it was 
 read the second time, and ordered to its third reading. 
 
 Mr. Price, from the Committee on Townships, reported back Senate 
 Bill No. 30, entitled, “ A Bill to alter part of the division line 
 between the counties of Upshur and Barbour, ” recommending its 
 passage; and it was read the second time, and ordered to be 
 engrossed. 
 
 Mr. Price, from the same Committee, to which was referred the 
 resolution of inquiry as to the expediency of requiring Recorders 
 to make their lists of transfers, furnished Assessors, alphabetically 
 and by townships, reported Senate Bill No. 46, entitled, “ A Bill 
 to amend section 6, of chapter 118, of the acts of 1863,” which was 
 read the first time. 
 
 Mr. Maxwell, from the Committee on Humane and Criminal 
 Institutions, (Mr. Slack, chairman, being absent), reported back 
 House Bill No. 57, entitled “ A Bill to provide a penitentiary for 
 the State,” recommending the following amendment : Strike out of 
 the 1st line of the 4th section the word “fifteen,” and insert in 
 lieu thereof, the word “ fifty, ” but 
 
 On motion of Mr. Dix, the bill was laid on the table. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation reported back Senate. Bill No. 15, entitled “ A Bill to 
 incorporate the Wayne county Coal and Iron Railway Company,” 
 recommending its passage, with the following amendments : 
 
 1. Strike out ail of the 4th section, after the words “navigation 
 thereof, ” in the 13th line of said section. 
 
 2. Strike out the 5th section, and insert in lieu thereof : 5. The 
 President and Directors of said Company or a majority of them 
 shall be, and they are hereby authorized to make and execute bonds 
 or certificates of indebtedness, under the seal of said company, for 
 such sum or sums and payable at such time or times, and to sell 
 and dispose of the same on such terms, as to the said President and 
 Directors may seem proper, provided, that nothing herein contained 
 shall be taken to authorize said company to issue anything in the 
 nature of a bank note, or other paper to be used for circulation as 
 a currency.” 
 
 3. Strike out the words “ one hundred, ” in the 3rd line, 6th 
 section, and insert in lieu thereof, the word “fifty.” 
 
 4. Insert between the words, “ made ” and “ on ” in the 5th line* 
 8th section, the word, “made,” and between the words “stock’’ 
 and “ and, ” in the same line and section, the words, “ after the 
 date of said assessment.” 
 
 5. To insert an additional section as follows: “ 9. And the said 
 
70 
 
 Journal of the Senate. 
 
 railway and its branches, when completed, shall be a public high- 
 way for the conveyance of passengers, and the transportation of 
 freight of every description, subject to the provisions of chapter 
 56, 57 and 61 of the code of Virginia, second edition, where the 
 said chapters does not conflict with this charter.” 
 
 6. Strike out the word, “ two” in the 3rd line, of the 9th section , 
 and insert, “ one the word “ four ” in 4th line, and insert “ two 
 and the word “ ten, ” in the 5th line, and insert, the word “ six.” 
 
 All of the above amendments were adopted. 
 
 On motion of Mr. Wright, the words “ M. J. Ferguson ” were 
 stricken out of the 5th line of the 1st section. 
 
 On motion of Mr. Stevenson, (Mr. Ohapline in the chair) the 
 word, “forty ” in the 10th line of the 7th section was stricken out, 
 and the word “ sixty ” inserted in lieu thereof. 
 
 The bill, as amended, was then read the second time and order- 
 ed to be engrossed. 
 
 Mr. Dix, from the Committee on Education, reported Senate Bill 
 No. 47, entitled, “ A Bill relating to the schools of Wheeling, and 
 parts of townships connected therewith, ” which under a suspension 
 of the rules, was read the first time by its title, and ordered to its 
 second reading. 
 
 Mr. Chapline, from the Committee on Banks and Corporations 
 reported back Senate Bill No. 36, entitled, “ A Bill to encourage 
 immigration into West Virginia, ” recommending its passage, but 
 on motion of Mr. Stevenson, (Mr. Chapline in the chair) it was 
 laid on the table. 
 
 Mr. Mahon presented the petition of citizens of Calhoun county 
 remonstrating against the removal of the county seat of said county , 
 which was referred to the Committee on Townships, &c., 
 
 Mr. Burdett offered the following resolution, which was adopted. 
 
 Resolved, That the Committee on “ Military Affairs ” be instruct- 
 ed to inquire into the expediency of providing for auditing and 
 paying the militia for services rendered the United States during 
 the late rebellion. 
 
 House Bill No. 49, entitled “A Bill to enable the council of the 
 city of Parkersburg to change the name of the streets thereof, ’’ 
 was read the third time and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Idaymond, Kitchen, 
 Maxwell, O’Brien, Peck and Price — 16. 
 
 Nays — N one. 
 
 House Bill No. 50, entitled, “ A Bill, making an appropriation 
 to the West Virginia Hospital for the Insane, ” was read the third 
 time and passed with its title : 
 
71 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Raymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 1, entitled, “ A Bill in relation to the oaths of 
 attorneys at law,” coming up on its third reading, Mr. Burdett^ 
 moved that it be indefinitely postponed, the Yeas and Nays were 
 called for, and the call being sustained resulted in the defeat of the 
 motion : 
 
 Yeas — Messrs. Burdett, Haymond and O’Brien — 3. 
 
 Nays — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Hagar, Hawkins, Kitchen, Mahon, Maxwell, Peck, 
 Price and Wright — 14. 
 
 Mr. Haymond moved to lay the bill on the table, which motion 
 was lost. 
 
 On motion of Mr. Maxwell, the Senate took a recess until 21 
 o’clock P. M., 
 
 21 o’clock P. M. 
 
 The Senate re-assembled. 
 
 Senate Bill No. 29, entitled, “ A Bill providing for the issuing of 
 attachments in certain cases, ” came up on its third reading, but on 
 motion of Mr. Maxwell it was laid on the table. 
 
 Senate Bill No. 1, pending when the Senate took a recess, coming 
 up again, Mr. Mahon moved to lay it on the table, which motion 
 being lost, it was read the third time and passed with its title. 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Hagar, Kitchen, Mahon, Maxwell, Price and 
 Wright— 12. 
 
 Nays — Messrs. Burdett, Haymond, O’Brien and Peck — 4. 
 
 Senate Bill No. 37, entitled, “ A Bill to authorize suits and 
 proceedings, which might under existing laws be brought in the 
 county of Logan, to be brought and prosecuted in the county of 
 Boone, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Haymond, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price and Wright — 16. 
 
 Nays — N one. 
 
 On motion of Mr. Burley, Senate Joint Resolution No. 9, was 
 called up. 
 
 On motion of Mr. Burdett, it w T as amended by striking out the 
 words “ one dollar and seventy-five cents, ” and inserting in lieu 
 thereof, the words, “two dollars.” 
 
 The resolution, as amended, was then adopted. 
 
 The Senate then adjourned. 
 
72 
 
 Journal of the Senate. 
 
 MONDAY, February 12, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. Mr. 
 Barnitz, the journal of Saturday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling, February 10, 1866 J 
 
 The House of Delegates has this day passed, and respectfully 
 requests like action of the Senate, on 
 
 House Bill No. 61, “ A Bill constituting a certain part of the 
 bank of the Ohio River within Jackson county a lawful fence. ” 
 
 Wm. P. Hubbard, 
 
 Clerk Souse oj Delegates. 
 
 Said bill was read the first time, and referred to the Committee 
 on Townships, &c. 
 
 Mr. Price, from the Committee on Townships, &c., reported Sen- 
 ate Bill No. 48, entitled “ A Bill permanently locating the county 
 seat of Jefferson county at Shepherdstown, ” which was read the 
 first time, and its printing dispensed with. 
 
 Mr. Peck, by leave, introduced Senate Bill No. 49, entitled “ A 
 Bill changing the time of holding the terms, for its civil business, 
 of the Municipal Court of Wheeling, ” which was read the first 
 time, its printing dispensed with, and referred to the Committee on 
 the Judiciary, and Senate Bill No. 50, entitled ‘‘ A Bill for the 
 benefit of married women in insuring the lives of their husbands, ” 
 which was read the first time and referred to the same Committee. 
 
 Mr. Haymond presented the petitions of a large number of per- 
 sons resident in Barbour county, praying that the laws of the State 
 be so modified as to permit every citizen of the State to have equal 
 rights and liberty, which were referred to the Committee on the 
 Judiciary. 
 
 Mr. Dix, from the Committee on Education, reported back, with- 
 out recommendation, Senate Bill No. 28, entitled “ A Bill for the 
 establishment and regulation of the West Virginia Agricultural 
 College, ” The bill was amended on motion of Mr. Burdett, by 
 filling the blank in the 5th line of the second section with the word 
 “ ten, ” and on motion of Mr. Price, by striking out of the 2d line 
 of the 9th section the word “annuities,’’ and inserting in lieu 
 thereof, the word “ immunities, ” read the second time, and ordered 
 to be engrossed. 
 
 House Bill No. 51, entitled “ A Bill to legalize marriages 
 celebrated during the rebellion,” was read the third time, and 
 passed with its title : 
 
73 
 
 ■Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Bardett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Haymond, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price and Wright — 16. 
 
 Nays — N one. 
 
 Senate Bill No. 15, entitled “ A Bill to incorporate the Wayne 
 County Coal and Iron Railway Company, ” was read the third time, 
 and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Haymond, Kitchen, Mahon, 
 O’Brien, Peck, Price and Wright — 15. 
 
 Nays — None. 
 
 Senate Bill No. 2, entitled “ A Bill to prevent and punish the 
 forcible or unlawful obstruction of public justice, was read the 
 third time, and, on motion of Mr. Peck, laid on the table to await 
 the return of absent members. 
 
 Senate Bill No. 30, entitled “A Bill to alter part of the division 
 line between the counties of Upshur and Barbour, ” was read the 
 third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Haymond, Kitchen, Mahon, 
 O’Brien, Peck, Price and Wright — 15. 
 
 Nays — None. 
 
 House Joint Resolution No. 14, “Agreeing to the proposed 
 amendment to the State Constitution, ” was read the third time, 
 and on motion of Mr. Peck, was laid on the table, to await the 
 return of absent members. 
 
 On motion of Mr. Chapline, Senate Bill No. 39,' entitled “ A -Bill 
 constituting the bank of certain streams in Morgan county a law- 
 ful fence, ” having been* read the second time, was laid on the table. 
 
 On motion of Mr. Chapline, Senate Bill No. 36, “ A Bill to 
 encourage immigration into West Virginia, ” was taken up and 
 referred to the Committee on the Judiciary. 
 
 On motion of Mr. Peck, 
 
 Resolved, That the Committee on Humane and Criminal institu- 
 tions inquire into the expediency of making simple larceny to 
 extend to the stealing of property to the value of $50, and 
 report by bill or otherwise. 
 
 On motion of Mr. Mahon, 
 
 Resolved, That the Committee on Finance and Claims take into 
 consideration the propriety of allowing Benjamin Wright two hun- 
 dred and thirty dollars for rent and damages done by State Guards 
 to store house occupied by them as barracks. 
 
 The Senate then adjourned. 
 
 10 
 
74 
 
 Journal of the Senate . 
 
 TUESDAY, February 13, 1866. 
 
 The Seriate assembled at 10 o’clock, A. M., and was opened with 
 prayer by Rev. Mr. Barnitz, after which the journal of yesterday 
 was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling , leb. 12, 1866. j 
 
 The House has this day passed Senate Bill Ho. 11, “ A Bill to 
 incorporate the Wheeling Iron Works and Glenn’s Run Turnpike 
 Company.” 
 
 Senate Bill No. 19, “A Bill for the relief of .William E. Lyon.” 
 
 Senate Bill No. 26, “ A Bill to regulate the salary of the 
 Reporter of the Supreme Court of Appeals.” 
 
 Senate Bill No. 31, “A Bill to alter the terms of the Circuit 
 Courts in the Ninth Circuit,” and 
 
 Senate Joint Resolution No. 9, “ Relating to the Reciprocity 
 Treaty with England.” 
 
 It has also passed Senate Bill No. 27, “ A Bill to amend section 
 31, of chapter 118 of the acts of 1863,” with an amendment, strik- 
 ing out of line 19 the word “ credited ” and inserting in lieu thereof 
 the word “corrected,” in which amendment it respectfully asks 
 concurrence. 
 
 It has also passed and respectfully asks the concurrence of the 
 Senate in 
 
 House Bill No. 48, “A Bill to authorize the city council of 
 Parkersburg to change the location of one of its streets.” 
 
 House Bill No. 54, “ A Bill concerning cases transferred from 
 the Supreme Court of Appeals and District Courts of Virginia, to 
 the Supreme Court of Appeals of West Virginia.” 
 
 House Bill No. 67, “ A Bill to protect literary societies and other- 
 meetings convened for social amusement.” 
 
 House Bill No. 68, “ A Bill to amend and re-enact section 1 of 
 chapter 34 of the acts of 1864.” 
 
 House Bill No. 69, “ A Bill to change the number of Adelphi 
 Lodge of the Independent Order of Odd Fellows, in the town of 
 Clarksburg.” 
 
 House Bill No. 71, “ A Bill to amend the 21st section of chapter 
 131 of the 'acts of 1863,” and 
 
 House Bill No. 72, “ A Bill to amend and re-enact the second 
 section of an act concerning licenses, passed November 28th, 1863.’ 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
 Said House Bills were read the first time, and No. 48 was referred 
 to the Committee on Banks and Corporations ; No. 71 to the Com- 
 mittee on Finance and Claims; and Nos. 54, 67, 68, 69, and 72 
 were referred to the Committee on the Judiciary. 
 
75 
 
 ■ Journal of the Senate. 
 
 The Seriate concurred in the amendment proposed by the House 
 of Delegates to Senate Bill No. 27, entitled “ A Bill to amend sec- 
 tion 34, of chapter 118, of the acts of 1863.” 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back Senate Bill No- 49, entitled, “A Bill changing the time of 
 holding the terms, for its civil business, of the Municipal Court of 
 Wheeling,” and Senate Bill No. 42, “ A Bill to amend section 12, 
 of chapter 80, of the acts of 1865,” recommending their passage 
 and they were each read the first time, and ordered to be 
 engrossed. 
 
 Mr. Maxwell, from the same Committee, reported Senate Bill 
 No. 51, entitled, “ A Bill to abolish the office of county Treasurer,” 
 which was read the first time. 
 
 Mr. Burdett, from the Committee on Finance and Claims re- 
 ported back Senate Bill No. 34, entitled, “ A Bill relieving certain 
 counties from taxes, ” recommending that it lie on the table, which 
 was adopted. 
 
 Mr. Burdett, from the same Committee, reported Senate Bill No. 
 52, “ A Bill to amend and re-enact the act regulating Allowances 
 to county Officers, ” which was read the first time. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported Senate Bill No. 53, entitled, “ A Bill to 
 relinquish to the Maryland and Virginia Bridge Company the stock 
 in said Company belonging to the State, ” which was read the first 
 time. 
 
 Mr. Duval, by leave, introduced Senate Bill No. 54, entitled “A 
 Bill for the relief of the Overseers of the Poor for the county of 
 Brooke,” which was read the first time, and referred to the Com- 
 mittee on Humane and Criminal Institutions. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 55, entitled 
 “ A Bill to provide counsel for the Poor, ” which was read the first 
 time, and referred to the Committee on the Judiciary. 
 
 Mr. Price, from the Committee on Townships, reported back 
 House Bill No. 55, entitled “ A Bill establishing the county of 
 Grant out of a part of the county of Hardy, ” recommending its 
 passage ; and it was read the second time, and ordered to its third 
 reading. 
 
 Mr. Burdett, from the Committee on Finance and Claims, 
 reported back Senate Bill No. 40, entitled “ A Bill to authorize 
 Adam Kuhn and others to sink a coal shaft in the town of Wells- 
 bnrg, and for other purposes, ” recommending its passage. 
 
76 
 
 Journal of the Senate. 
 
 The bill coming up on its second reading, Mr. Burley moved to 
 amend it so as to require the parties proposing to mine the coal 
 mentioned in the bill, to pay to the State, for the use of free schools, 
 three cents for every ton of coal so mined; but the motion was 
 rejected. 
 
 Mr. Peck moved that the following be added at the end of the 
 bill, which was agreed to : “ Provided that the said company shall 
 
 in good faith commence said operations within two years and pros- 
 ecute the same. ” 
 
 The bill was then read the second time, and ordered to be 
 engrossed. 
 
 Mr. Dix moved that Senate Bill No. 28, entitled “ A Bill for the 
 establishment and regulation of the West Virginia Agricultural 
 College” be laid on the table; and upon this question the yeas and 
 nays were ordered and taken. 
 
 The Yeas were — Messrs. Chambers, Dix, Hagar, Maxwell, O’Brien 
 and Wright— 6. 
 
 The Nays were — Messrs. Stevenson, (President,) Burdett, Bur- 
 ley, Chapline, Corley, Duval, PTaymond, Hawkins, Kitchen, Mahon, 
 Peck and Price — 12. 
 
 Mr. Mahon moved to reconsider the vote by which said bill was 
 ordered to be engrossed, but the motion was decided in the 
 negative. 
 
 The bill was then read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson. (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — Mr. Dix — 1. 
 
 Mr. Maxwell stated that he voted “ yea, ” with the understand- 
 ing that he protested against what he conceived to be the 
 imperfections and irregularities of the details of the bill. 
 
 Mr. Burdett, from the Committee on Finance and Claims, 
 reported back House Bill No. 30, entitled “A Bill to provide for 
 a re-assessment of the value of all the real estate within this State, ” 
 recommending its passage : and pending the consideration of this 
 bill, 
 
 On motion of Mr. Chapline, the Senate took a recess until 21 
 o’clock, P. M. 
 
 AFTERNOON SESSION. 
 
 The Senate re-assembled at 21 o’clock, (Mr. Maxwell in the 
 chair.) 
 
 The bill pending at the time the Senate took a recess, was laid ou 
 the table, on motion of Mr. Stevenson. 
 
77 
 
 Journal of the Senate. 
 
 Senate Bill No. 43, “ A Bill better to provide for the distribu- 
 tion of the acts, ” was read the second time, and ordered to be 
 engrossed. 
 
 Senate Bill No. 44, entitled “ A Bill making an appropriation 
 for the Antietam National Cemetery, near Sharpsburg, Maryland, ” 
 was read the second time, and ordered to be engrossed. 
 
 Senate Bill No. 46, entitled “ A Bill to amend the 6th section of 
 chapter 118 of the acts of 1863, ” was read the second time, and 
 ordered to be engrossed. 
 
 Senate Bill' No. 48, entitled “ A Bill permanently locating the 
 county seat of Jefferson county at Shepherdstown, ” was read the 
 second time, and ordered to be engrossed. 
 
 On motion of Mr. Peck, the case being urgent, and three-fourths 
 of the members consenting thereto, the rule was suspended for the 
 purpose, and Senate Bill No. 49, entitled “ A Bill changing the 
 time for holding the terms, for its civil business, of the Municipal 
 Court of Wheeling, ” the same having been engrossed, was read 
 this day the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price and Wright — 18. 
 
 Nays — N one. 
 
 On motion of Mr. Chapline, Plouse Joint Resolution No. 14, 
 “ Agreeing to the proposed amendment to the State Constitution, ” 
 was taken from the table, and having been read on three several 
 days, was adopted : 
 
 Yeas — Messrs.- Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Duval, Haymond, Hawkins, Kitchen, Mahon, 
 Maxwell, Price and Wright — 14. 
 
 Nays — Messrs. Burdett, Haymond, O’Brien and Peck — 4. •> 
 
 The Senate then adjourned. 
 
 AVEDNESDAY, February 14, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. Mr. 
 Barnitz, the journal of yesterday was read and approved. 
 
 The following communication was received from the House ol 
 Delegates : 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling, February 13, 1866. J 
 
 The Plouse has this day passed Senate Bill No. 32, “ A Bill to 
 repeal the acts giving the courts of Doddridge and Ritchie jurisdic- 
 tion in cases arising in Gilmer or Calhoun, ” and adopted the sub- 
 stitute proposed by the Senate for House Bill No. 37, “ A Bill to 
 
78 
 
 Journal of the Senate. 
 
 refund to certain counties their proportion of the school fund ; ” it 
 has also passed and respectfully asks the concurrence of the 
 Senate in 
 
 House Bill No. 33, “A Bill for the relief of St. Clair Rains of 
 Kanawha county. ” 
 
 House Bill No. 56, ‘‘A Bill to consolidate the towns of Mounds- 
 ville and Elizabethtown. ” 
 
 House Bill No. 74, “ A Bill to provide for obtaining grants for 
 lands where the entries are lost- or destroyed, ” and 
 
 House Joint Resolution No. 16, Providing for re-printing 
 certain acts. ” 
 
 Resolved by the Legislature of West Virginia : 
 
 1. Fifteen hundred copies each of the ordinances of the conven- 
 tion which assembled at Wheeling, on the 11th of June, 1861, of 
 the acts of the General Assembly of Virginia, passed at the sessions 
 commencing July 1, 1861, December 2, 1861, May 6, 1862, aud 
 December 4, 1862, with the Constitution of this- State and the acts 
 of the Legislature for the years 1863, 1864, 1865 and 1866, shall be 
 printed and bound in one volume in the form now prescribed by 
 law for the acts of each session. 
 
 2. The volumes to be printed and bound as provided in the fore- 
 going section shall be delivered by the Public Printer to the 
 Secretary of the State, who shall dispose of the same as provided 
 in section 11, chapter 21, acts of 1865, except that he shall deliver 
 to the Clerk of the Senate 22 copies, one for his own use and the 
 others to be kept in his office for the use of the Senate, 60 copies to 
 the Clerk of the House of Delegates, one for his own use and the 
 others to be kept in his office for the use of the House, and shall 
 place twelve copies in the Library of the State, and five copies in 
 the Library of the Supreme Court of Appeals, and shall offer for 
 sale the remainder at a price to be fixed by him, not below cost, and 
 pay the proceeds of all sales into the treasury. 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
 Said House Bill No. 33 was read the first time, and referred to 
 the Committee on Finance and Claims ; No. 56, to the Committee 
 on Townships; and No. 74, to the Committee on the Judiciary. 
 
 On motion of Mr. Chapline, the said House Joint Resolution No. 
 16, “ Providing for re-printing certain acts, ” was referred to the 
 Committee on the Judiciary. 
 
 Mr. Maxwell, from the Committee on the .Judiciary, reported 
 back the following bills, recommending their passage : 
 
 House Bill No. 67, entitled “ A Bill to protect literary societies 
 and other meetings convened for social amusement. ” 
 
 House Bill No. 69, entitled “ A Bill to change the number of 
 Adelphi Lodge of the Independent Order of Odd Fellows in the 
 town of Clarksburg, ” and 
 
•Journal of the Senate . 79 
 
 House Bill No. 68, entitled “A Bill to amend and re-enact 
 section 1 of chapter 34 of the acts of 1864. ” 
 
 The two bills first named were each read the second time, and 
 ordered to their third reading, and the third was laid on the table, 
 on motion of Mr. Burley. 
 
 Mr. Maxwell, from the same Committee, reported Senate Bill 
 No. 56, entitled “ A Bill in relation to actions of detinue, ” 
 which was read the first time. 
 
 Mr. Burdett, from the Committee on Finance and Claims, report- 
 ed back House Bill No. 71, entitled “ A Bill to amend the 21st 
 section of chapter 131 of the acts of 1863, ” recommending its 
 passage, and it was read the second time, and ordered to its third 
 reading. 
 
 Mr. Burdett, from the same Committee, reported* adversely upon 
 the claim of Pemberton Cook, returning the papers connected there- 
 with, and recommending that the applicant have leave to withdraw 
 them. 
 
 Mr. Burdett made a like report upon the claim of Benjamin 
 Wright. 
 
 Both reports were adopted. 
 
 Mr. Chapline, from the Committee on Banks and Corporations, 
 reported back PJouse Bill No. 48, entitled “A Bill to authorize the 
 city council of Parkersburg to change the location of one of its 
 streets, ” recommending its passage ; and it was read the second 
 time, and ordered to its third reading. 
 
 Mr. Kitchen, by leave, introduced Senate Bill No. 57, entitled 
 “ A Bill to legalize the poor tax levied by the county court of 
 Berkeley county in the year 1863, ” which was read the first time, 
 and referred to the Committee on Finance and Claims, and its 
 printing dispensed 'with. 
 
 Mr. Kitchen, by leave, introduced Senate Bill No. 58, entitled 
 “ A Bill for the protection of the loyal citizens of the State and 
 for the repeal of certain acts therein’ named, ” which was read the 
 first time, and referred to the Committee on the Judiciary. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back House Bill No. 11, entitled “ A Bill 
 extending the charter of the White Sulphur and Sweet Springs 
 Turnpike Road,” recommending its passage with the following 
 amendment : 
 
 Insert between the word “ for ” and the word “ ten, ” the words 
 “ the additional period of, ” and add at the end of the first section 
 the following : “ from and after the termination of the fifteen years 
 extended for the benefit of William A. Mastin, by an act passed 
 March 9, 1843, ” entitled * An act authorizing the reconstruction 
 of Sweet Spring and White Sulphur Spring Turnpike Road. ' ” 
 
80 Journal of the Senate . 
 
 The amendment was adopted and the bill ordered to its third 
 reading. 
 
 House Bill No. 55, entitled “ A Bill establishing the county of 
 Grant out of a part of the county of Hardy, ” was read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, O’Brien, Peck, Price and Wright — 16. 
 
 Nays — Mr. Haymond — 1. 
 
 Senate Bill No. 40, entitled “ A Bill to authorize Adam Kuhn 
 and others to sink a coal shaft in the town of Wellsburg, and for 
 other purposes, ” was read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — None. „ . 
 
 Senate Bill No. 42, entitled “ A Bill to amend section 12 of 
 chapter 80 of the acts of 1865, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 43, entitled i; A Bill better to provide for the 
 distribution of the acts, ” was read the third time, and passed with 
 its title: 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — H one. 
 
 Senate Bill No. 44, entitled - “A Bill making an appropriation 
 for the Antietam National Cemetery, near Skarpsburg, Maryland, ” 
 was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 46, entitled “ A Bill to amend the 6th section of 
 chapter 118 of the acts of 1863, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
81 
 
 Journal of the Senate. 
 
 Senate Bill No. 48, entitled, “ A Bill permanently locating the 
 county seat of Jefferson county at Shepherdstown, ” was read the 
 third time and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Plawkins, Kitchen, Mahon, O’Brien, 
 Peck, Price, and Wright — 15. 
 
 Nays — Messrs. Burdett and Ilaymond — 2. 
 
 On motion of Mr. Chapline, the Senate took up Senate Bill No. 
 2, entitled “ A Bill to punish the forcible or unlawful obstruction 
 of public justice, ” and the same, having been read the third time, 
 was, by general consent, on motion of Mr. Chapline, amended by 
 striking out of the bill, wherever it occurs, the word “law, ” and 
 inserting in lieu thereof, the word “ act, ” and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Hagar, Hawkins, Kitchen, Mahon, O’Brien, Peck, 
 Price and Wright — 14. 
 
 Nays — Messrs. Burdett and Haymond — 2. 
 
 On motion of Mr. Kitchen, Senate Bill No. 39, entitled “ A Bill 
 constituting the bank of certain streams in Morgan county a law- 
 ful fence, ” was read the second time, and ordered to be engrossed. 
 
 A message from the House of Delegates, by Mr. Koonce, 
 announced that that body had passed Senate Bill No. 1, entitled 
 “ A Bill in relation to the oaths of Attorneys at Law, ” with the 
 following amendments, in which it asks concurrence: 
 
 1. In line 2, after “court,” insert “ or before any justice or 
 board of supervisors. ” 
 
 2. Strike out all after the semi-colon, in line 22, to the semi-colon 
 in line 31. 
 
 The amendments were agreed to. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 59, entitled 
 “ A Bill to amend the license law, ” which was read the first time, 
 and referred to the Committee on the Judiciary. 
 
 On motion of Mr. Burley, House. Bill No. 57, entitled “A Bill 
 to provide a penitentiary for the State, ” on its second reading, was 
 taken from the table. 
 
 The amendment proposed by the Committee, to strike out of the 
 1st line of the 4th section the word “ fifteen, ” and inserting in lieu 
 thereof, the word “ fifty, ” was agreed to. 
 
 On motion of Mr. Maxwell, the bill was further amended by 
 inserting after the word “ board ” in the 1st line of the 2d section 
 the words “ shall appoint a board of directors consisting of five 
 
 11 
 
82 
 
 Journal of the Senate. 
 
 persons who;” after the word “board” in the 7th line of the 
 same section, the words “of directors;” and at the end of the 
 11th line of the same section, the words “ of directors. ” 
 
 Mr. Peck moved farther to amend the said bill by striking out of 
 the 3d line of the 1st section the word “ Moundsville, ” and insert- 
 ing “ Wheeling, ” and out of the same section, the word “ Marshall ” 
 and inserting “ Ohio. 
 
 Pending which, 
 
 On motion of Mr. Hagar, the Senate took a recess until 2£ 
 o’clock, P. M. 
 
 AFTERNOON SESSION. 
 
 The Senate re-assembled. 
 
 .Upon the question pending at the hour of recess, the yeas and 
 nays were demanded, and the demand being sustained, Mr. Max- 
 well called lor a division of the motion, and the question being 
 first taken on striking out, it was decided in the negative : 
 
 Yeas — Messrs. Stevenson, (President,) Chambers, Hagar and 
 Mahon — 4. 
 
 Nays — Messrs. Burley, Burdett, Chaplin e, Corley, Dix, Hawkins, 
 Haymond, Kitchen, Maxwell, O’Brien, Peck, Price and Wright — 13. 
 
 On motion of Mr. Maxwell, the bill was tabled. 
 
 The Senate then adjourned. 
 
 THURSDAY, February 15, 1866. 
 
 The Senate was opened with prayer by Rev. J. B. Uber. 
 
 The journal of yesterday w^as read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, 1 
 
 February 14, 1866. „ J 
 
 The House of Delegates has this day passed Senate Bill No. 8, 
 “A Bill amending section 94, chapter 118 of the acts of 1863,” 
 and passed and asks concurrence in House Bill No. 32, “ A Bill 
 making an appropriation to Robertson Cook. ” 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates . 
 
 The said House Bill was read the first time, and referred to the 
 Committee on Finance and Claims. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back House Bill No. 72, entitled “ A Bill to amend and re-enact 
 the second section of an act concerning licenses, passed November 
 28, 1863, ” recommending its passage, with an amendment, insert- 
 ing in the 2d line of the proposed section, after the word “ house," 
 the words “ or boarding house. ” 
 
Journal of the Senate . 83 
 
 The said amendment was adopted, and the bill was read the 
 second time, and ordered to bp read the third time. 
 
 Mr. Burdett, from the Committee on Finance and Claims, 
 reported a substitute for House Bill No. 59, entitled “ A Bill to 
 prevent further taxation of soldiers’ property for bounty purposes. ” 
 
 The substitute was adopted, the bill read the second time, and 
 ordered to its third reading. 
 
 Mr. Burdett, from the Committee on Privileges and Elections, 
 reported back the resolution declaring the seat in this body to 
 which Henry M. Mathews was elected, vacant, recommending its 
 adoption, and also the adoption of the following resolution : 
 
 Resolved , That the President of the Senate proceed to issue a 
 writ of election, to fill such vacancy, which election shall be held 
 on the 4th Thursday of April, 1866. 
 
 The resolution declaring the said seat vacant, was adopted. 
 
 Mr. .Chapline moved that the resolution providing for an election 
 to fill the vacancy, be amended by striking out the word “ April ” 
 and inserting the word “ October ” in lieu thereof, pending which, 
 the resolution was tabled. 
 
 Mr. Price, from the Committee on ' Townships, reported back 
 House Bill No. 61, entitled “ A Bill constituting a certain part of 
 the bank of the Ohio River within Jackson county a lawful fence, ” 
 recommending its passage ; and it was read the second time, and 
 ordered to its third reading. 
 
 Mr. Kitchen, by leave, introduced Senate Bill No. 60, entitled 
 “ A Bill amending the charter of the town of Martinsburg, ” which 
 was read the first time, and on motion of Mr. Kitchen, the case 
 being urgent, and three-fourths of the members present consenting 
 thereto, the rule was suspended for the purpose, and said bill read 
 the second time this day, and ordered to be engrossed. 
 
 Mr. Dix, by leave, introduced Senate Bill No. 61, entitled “A 
 Bill allowing the Boards of Supervisors of the counties of this 
 State to subscribe stock to any railroad company, ” which was read 
 the first time, and referred to the Committee on Townships. 
 
 Mr. Chapline presented the petition of citizens of Wheeling 
 praying for a reduction of the license' on Billiard Saloons,” which 
 was referred to the Committee on Finance and Claims. 
 
 On motion of Mr. Chapline, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation be requested to inquire into the expediency of appro- 
 priating by the State the sum of eight hundred dollars, to be used 
 in re-building the bridge across the Lost River on the Hardy and 
 Winchester Turnpike. 
 
84 
 
 Journal of the Senate. 
 
 Senate Bill No. 39, entitled “ A Bill constituting the bank of 
 certain streams in Morgan county a lawful fence, ” was read the 
 third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Price and Wright — 15. 
 
 Nays — Mr. Haymond — 1. 
 
 House Bill No. 11, entitled “ A Bill extending the charter of 
 the White Sulphur and Sweet Springs Turnpike Road, ” was read 
 the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 48 entitled “ A Bill to authorize the city council 
 of Parkersburg to change the location of one of its streets, ” was 
 read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxw T ell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 67, entitled “ A Bill to protect literary societies 
 and other meetings convened for social amusement, ” was read the 
 third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 69, entitled “ A Bill to change the number of 
 Adelphi Lodge of the Independent Order of Odd Fellows in the 
 town of Clarksburg, ” was read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 71, entitled “ A Bill to amend the 21st section of 
 chapter 131 of the acts of 1863, ” was read the third time, and 
 passed w T ith its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price and Wright — 16. 
 
 Nays — Mr. Maxwell — 1. 
 
 Senate Bill No. 57, entitled “A Bill to legalize tho poor tax 
 levied by the county courts of Berkeley county in the year 1863, ” 
 was read the second time, and ordered to be engrossed. 
 
85 
 
 Journal of the Senate. 
 
 Mr. Burley moved that the Senate take up House Bill No. 57, 
 entitled “ A Bill to provide a Penitentiary for the State, ” and the 
 motion was agreed to. 
 
 Mr. Maxwell offered the following amendments to the bill, which 
 were adopted : 
 
 1. Insert after the word “ board ” in line 1, section 2, the words 
 “ of public works. ” 
 
 2. Insert after the word “ persons, ” in the amendment offered 
 by Mr. Maxwell yesterday, the -words “a majority of whom shall 
 be a quorum. 
 
 3. Insert after the word “ board ” in line 1, section 3, the -words 
 “ of nublic works. ” 
 
 x 
 
 4. Add at the end of the 3d section, the words “and the said 
 board of directors shall before the meeting of the next legislature, 
 make a full report of its proceedings up to the first day of January 
 next, to the Governor, to be laid before the next legislature. ” 
 
 5. Insert the following as section 4, and change the number of 
 the present section 4 to section 5 : 
 
 “ 4. The directors shall receive each the sum of three dollars 
 per day, and their necessary traveling expenses, for every day 
 necessarily spent by them on the board of directors. ” 
 
 6. Add at the end of the bill the words “ of directors. ” 
 
 The bill was read the second time, aftd ordered to be engrossed. 
 
 Mr. Corley moved that the Senate take up House Bill No. 42, 
 entitled “ A Bill to establish a permanent seat of government for 
 the State of West Virginia, ” but the motion was disagreed to. 
 
 The Senate then adjourned. 
 
 FRIDAY, February 16th, 1866. 
 
 The Senate met at the usual hour, and was opened with prayer 
 by Rev. W. R. White. 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received fsom the House of 
 Delegates : , 
 
 Clerk’s Office, House of Delegates. ] 
 February 15, 1866. / 
 
 The House of Delegates has this day passed Senate Bill No. 10, 
 “ A Bill securing liens to Mechanics, Laborers and others, ” and 
 Senate Bill No. 48, “ A Bill permanently locating the county seat 
 of Jefferson county at Shepherdstown.” 
 
 It has also passed and respectfully asks the concurrence of the 
 Senate in House Bill No. 77, “ A Bill to repeal chapter eight of. 
 the acts of 1865, ’’ and House Bill No. 79, “ A Bill to charter a 
 road in Gilmer, Ritchie and Tyler counties.” 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
86 
 
 Journal of the Senate. 
 
 The said House Bills were each read the first time, and No. 77, 
 referred to the Committee on the Judiciary, and No. 70, to the 
 Committee on Internal Improvements and Navigation. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back House Bill No. 44, entitled “ A Bill to repeal section 22 and 
 28, of chapter 163, of the co'de of Virginia, second edition, ” recom- 
 mending its passage ; and it was read the second time and ordered 
 to its third reading. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back House Bill No. 29, entitled “A Bill to 
 construct a Mill Dam across Elk river at Sutton, Braxton county, 
 and Mr. Burdett, from the Committee on Finance and Claims, 
 reported back House Bill No. 33, entitled “ A Bill for the relief of 
 St. Clair Rains, of Kanawha county, ” recommending their passage; 
 and they were each read the second time, and ordered to their 
 third reading. 
 
 Mr. Burdett, by leave, introduced Senate Bill No, 62, entitled 
 “ A Bill to repeal the act to prevent the prosecution of suits and 
 the suing out of process by persons engaged in the rebellion, ” 
 which was read the first time, and referred to the Committee on the 
 Judiciary. 
 
 Senate Bill No. 57, entitled “ A Bill to legalize the poor tax 
 levied by the county court of Berkeley county, in the year 1863, ’’ 
 was read the third time and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, 'O’Brien, Peck, Price and Wright — 18. 
 
 Nays — N one. 
 
 Senate Bill No. 60, entitled “ A Bill amending the charter of 
 -the town of Martinsburg, ” was read the third time, and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Price, Slack and Wright — IS. 
 
 Nays — N one. 
 
 House Bill No. 61, entitled “ A Bill constituting a certain part 
 of the bank of the Ohio river, within Jackson county, a lawful 
 fence, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 57, entitled " A Bill to provide a Penitentiary 
 for the State, ” was read the third time, and passed with its title : 
 
87 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, ILaymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and 
 Wright— 19. 
 
 Nays — N one. 
 
 House Bill No. 72, entitled “ A Bill to amend and re-enact the 
 2nd section of an act concerning Licenses, passed November 28th, 
 1863,” was read the third time, and rejected : 
 
 Yeas — Messrs. Stevenson, (President,) — 1. 
 
 Nays — Messrs. Burdett, Burley, Chambers, Chapline, Corley, 
 Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, Mahon, Max- 
 well, O’Brien, Price, Slack and Wright — 17. 
 
 On motion of Mr. Burdett, House Bill No. 59, entitled “ A Bill 
 to prevent further^ taxation of soldiers’ property for bounty pur- 
 poses,” was laid on the table. 
 
 On motion of Mr. Mahon, Senate Bill No. 51, entitled “ A Bill 
 to abolish the office of county Treasurer, ” was laid on the table. 
 
 Senate Bill No. 52, entitled “ A Bill to amend and re-enact the 
 act regulating allowances to county officers, ” was amended, on 
 motion of Mr. Maxwell, by inserting after the word “ dollars, ” in 
 the 18th line, the words “ recorder’s not less than twenty-five or 
 more than one hundred dollars, ” and by adding the following 
 additional section : 
 
 “2. The act passed March 3, 1864, entitled ‘ An Act to regulate 
 allowances to Recorders,’ is hereby repealed.” 
 
 The bill was then read the second time, and ordered to be 
 engrossed. 
 
 Senate Bill No. 53, entitled “ A Bill to relinquish to the 
 Maryland and Virginia Bridge Company, the stock in said Company 
 belonging to the State, ” was read the second time, and ordered to 
 be engrossed. 
 
 Senate Bill No. 56, entitled “ A Bill in relation to actions of 
 detinue,” was read the second time, and ordered to be engrossed. 
 
 The following message was received from the Governor, which 
 was read and referred to the Commtittee on Humane and Criminal 
 Institutions : 
 
 STATE OF WEST VIRGINIA, 
 
 Executive Department, 
 
 Wheelinq , Feb. 16, 1866. 
 
 To the Senate and House of Delegates: 
 
 As authorized by a resolution of the Legislature, adopted Jan- 
 uary 22, 1866, I appointed M. J. Amiss, Esq., of Wood county, an 
 agent, for the purpose indicated in the resolution, who proceeded 
 to the Lunatic Asylums, at Williamsburg and Staunton, Virginia, 
 and having executed the commission confided to him, has returned 
 a nd made a report in writing, which is herewith communicated. 
 
88 
 
 Journal of the Senate. 
 
 From this report it will be seen that there are thirteen (13) 
 patients in the Asylum at Williamsburg, who were sent there from 
 counties now within this State ; and that there are ninety-three 
 (93) patients in the Asylum at Staunton, who were sent there from 
 counties now within this State. Three of the latter appear to have 
 estates out of which, or friends by whom, they have been supported. 
 
 An exhibit accompanying the report gives the names of the par- 
 ties now at Williamsburg; the date of their admission, and the 
 counties they are respectively from. There is also, with the report 
 a list of the patients who now are, or have been, at the Asylum at 
 Staunton, since September 30, 1860, which gives the date of their 
 admission, and of the discharges and deaths, and the counties from 
 which they were respectively received. 
 
 It occurred to me, in preparing the letter of instruction for Mr. 
 Amiss, that the Legislature might think proper at this session to 
 make provision for paying for the support of the patients from the 
 end of the war, and with that view, I directed him to ascertain 
 what was claimed for such support from May 1, 1865, to the begin- 
 ning of the fiscal year. This he has reported. But on further 
 reflection it seems to me that it would be advisable for this Legisla- 
 ture to confine its appropriation for the support of these patients to 
 the current fiscal year, leaving the claim for previous support, as a 
 part of the contemplated settlement between the two States. 
 
 It will also be seen that the Superintendent of the Asylum at 
 Williamsburg informed the agent that the charge for the support of 
 the patients at that institution would be seven dollars ($7) per 
 week each until they were removed ; and that the Board of Direc- 
 tors of the Asylum at Staunton have proposed to accommodate the 
 patients at that institution for the present year at the average cost 
 to them, which it appears is two hundred and four dollars ($204) 
 per annum for each patient. I therefore recommend that you make 
 the necessary appropriation to pay for the support of these insane 
 persons for the current year. 
 
 In laying the report of the agent before you, I deem it my duty 
 to call your attention to the orders of the Board of Directors of 
 the Asylum at Staunton, accompanying his report, and especially 
 to the latter part of the last order of the series, in which it will be 
 seen the directors express the “ hope that the Gfoverninent of West 
 Virginia will use all practicable diligence to have these patients 
 from that State removed at as early a day as possible, as the room 
 now occupied by them is greatly needed for patients from the State 
 of Virginia. ” It will thus be seen that it is expected that these 
 unfortunate citizens of our State will not be allowed to remain in 
 that institution, but will be provided for elsewhere at the earliest 
 possible period. This can only be done by the speedy completion 
 of our own Hospital ; and I feel that I would be omitting my duty 
 if I were to let this occasion pass without again urging upon the 
 Legislature the making of a liberal appropriation for this purpose. 
 Shall we, while assuming the character of a State, continue to be 
 dependent upon a neighboring State for the accommodation of this 
 class of our citizens, when we are informed that this accommodation 
 by that State is to the exclusion of its own afflicted people from 
 the benefits of the institution referred to, and when we have the 
 
89 
 
 Journal of the Senate. 
 
 means at our command to speedily provide for them within our own 
 State. While I do not suggest the precise sum that should be 
 appropriated for this purpose, I trust that it will be the pleasure of 
 the Legislature to make it commensurate with the imperative 
 necessities of the case. 
 
 A. I. Boreman. 
 
 Wheeling, West Virginia, \ 
 February 12, 1866. J 
 
 To A. I. Boreman, 
 
 Governor of West Virginia : 
 
 Sir : — In compliance with the accompanying order of my appoint- 
 ment, and resolution of the Legislature of West Virginia, adopted 
 on the 22d day of January, 1866, I visited the Eastern Lunatic 
 Asylum at Williamsburg, Va., and the Western Lunatic Asylum at 
 Staunton, Va., and in pursuance of said order, make my report to 
 you : 
 
 jfiirst, I herewith present a written statement of Dr. Leonard 
 Henley, Superintendent and Physician of the Eastern Lunatic 
 Asylum, showing the number of patients now in said asylum to be 
 thirteen (13), chargeable to the State of West Virginia, and they 
 claim for their support, from May 1st, 1865, to January 1st, 1866, 
 the sum of three thousand two hundred and fixteen dollars and 
 twenty-nine cents ($3215 j” ,) and charge $7 per week for each 
 patient until removed. 
 
 I further report, that the superintendent at this asylum afforded 
 me every facility in his power to obtain the information required, 
 and I believe the statement furnished by him contains the facts. 
 
 I was conducted through the asylum, and found it cleanly and 
 as comfortable as it could be under the circumstances. They are, 
 however, deprived of many of the conveniences and comforts here- 
 tofore enjoyed. Their gas and water works are unfit for use. They 
 are compelled to use wood in stoves to heat the apartments, and 
 candles for lights, &c. 
 
 Second , I herewith present the resolutions of the Board of Direc- 
 tors of the Western Lunatic Asylum, and the statement of Dr. 
 Francis T. Stubbing, Physician and Superintendent, made in pur- 
 suance of said resolutions. 
 
 From said statement, I ascertain that there are, at this time, in 
 the Western Lunatic Asylum from the counties of West Virginia 
 ninety-three (93) patients. Three of them have heretofore paid for 
 their own support, which leaves ninety (90) chargeable to the State 
 at the sum of $204 per annum for each one. 
 
 The resolutions of said Board seem to claim that the State of 
 West Virginia should be held accountable for the support of her 
 patients in said asylum from September 30, 1860, and with that 
 view the statement furnished by the Superintendent embraced that 
 period up to the present time ! 
 
 Not being satisfied that the State of West Virginia should pay 
 for the whole time from September 30th, 1860, up to January 1st, 
 12 
 
90 
 
 Journal of the Senate. 
 
 1866, without any credit, I have made no estimate, but must sub- 
 mit the fixing of the time and basis of settlement to your honor 
 and the State authority. I have, however, from said statement 
 ascertained the cost of supporting the said patients from May 1st, 
 1865, up to January 1st, 1866, to be $12,451 f 0 5 0 , and to support the 
 patients now* in said asylum for one vear from January 1st, 1866, 
 $18,360. 
 
 From the foregoing it will be seen that there are now 
 
 in the Eastern Lunatic Asylum 13 patients. 
 
 In the Western Asylum 93 
 
 Total 106 patients, 
 
 For which provision should be made as soon as possible in our own 
 State Asylum, because of the heavy expense of supporting them 
 outside of our own State ; and further, we may be required to 
 remove them, and if so required 'to remove them, without having 
 provided a suitable place or apartments in our own asylum, the 
 expense and trouble will be greatly increased. 
 
 All of which is respectfully submitted, 
 
 M. P. Amiss, Agent. 
 
 The State of West Virginia, ] 
 Executive Department, l 
 Wheeling, Jan’y 25, 1866. j 
 
 M. P. Amiss, 
 
 Parkersburg , West Va : 
 
 Sir: — You are appointed in pursuance of the enclosed resolu- 
 tion, adopted by the Legislature on the 22d of January, 1866, to 
 proceed to Williamsburg, and Staunton, Virginia, and ascertain the 
 number of insane persons in the asylums at each of those places 
 who were sent from within this State — what counties they are 
 from, respectively — their names — and whether they are such as are 
 supported from their own estates, or their friends, or entitled to 
 be supported by the State. 
 
 You will, also, ascertain what sum is claimed for the support of 
 these patients at those institutions ; and especially and separately 
 ascertain the amount claimed for their support from the 1st day of 
 May last (that being a few days after the surrender of the rebel 
 armies,) until the 1st day of January, 1866. And will further 
 ascertain on what terms and at what cost they will be supported 
 for the current year, beginning January 1st, 1866. 
 
 After you have ascertained these facts, and such others as you 
 may deem pertinent in regard to this matter, you will please return 
 and report to me, as required by the enclosed resolution. 
 
 Very Respectfully, 
 
 A. I. Boreman, Governor. 
 
 Resolved by the Legislature of West Virginia : 
 
 That the Governor be authorized to employ an agent, who shall 
 proceed immediately to Staunton and Williamsburg, Virginia, for 
 
91 
 
 Journal of the Senate. 
 
 the purpose of ascertaining the number of insane persons in the 
 asylum at each of these places, who were sent from within this 
 State; the amount claimed at each institution for their support to 
 the 1st of January, 1866, and the terms on which they can remain 
 in these institutions for the current year, and that he make a report 
 to the Governor, to be laid before the Legislature. 
 
 Adopted, Jan. 22, 1866. 
 
 Clerk's Office, House of Delegates, \ 
 Wheeling , January 25, 1866. / 
 
 I certify that the foregoing is a true transcript from the record 
 in this office. 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates , and Keeper of the Dolls. 
 
92 
 
 Journal of the Senate. 
 
 List of insane persons from West Virginia in Western Lunatic 
 Asylum of Virginia, since October 1, 1860. Made Feb. 8 1866. 
 
 Name 
 
 County. 
 
 Date of Admission. 
 
 Discharged, Dead or 
 Eloped— Date. 
 
 John Mitchell 
 
 Berkeley, 
 
 1828, Sept. 
 
 20 
 
 Remains. 
 
 Wm. H. Hickman 
 
 1 Jefferson, 
 
 1829, Apr. 
 
 8 
 
 Died, Nov.5,’64 
 
 John Buffington _ 
 
 Cabell, 
 
 1836, Nov. 
 
 2 
 
 Remains. 
 
 Chas. F. M. Craighill. __ 
 
 Jefferson, 
 
 1839, Nov. 
 
 15 
 
 
 Almida Mahew - _ 
 
 Ohio, 
 
 1841, July 
 
 22 
 
 : “ 
 
 Wm. Elgin 
 
 Marshall, 
 
 Dec. 
 
 25 
 
 Died,Nov.4,’60 
 
 Alfred Mather 
 
 Harrison, 
 
 “ “ 
 
 28 
 
 Remains. 
 
 Jacob Sheets 
 
 Wood 
 
 1842, Jan. 
 
 24 
 
 Died, J y 30/63 
 
 Thomas Flinn 
 
 Jefferson, 
 
 “ Apr. 
 
 15 
 
 “ Dec. 11, ’63 
 
 David Deford 
 
 Ohio, 
 
 “ Oct. 
 
 10 
 
 Remains. 
 
 Daniel McFadden - _ , 
 
 Jefferson, 
 
 1844, Feb. 
 
 28 
 
 “ 
 
 Wm. A1 verson. 
 
 Hampshire, 
 
 “ Mar. 
 
 21 
 
 
 Thomas Hull. _ _ _ 
 
 Wayne, 
 
 1845, Feb. 
 
 6 
 
 
 Joseph Richard 
 
 Jefferson, 
 
 “ Apr. 
 
 30 
 
 “ 
 
 Anthony Dold_ . 
 
 Greenbrier, 
 
 “ Aug. 
 
 29 
 
 4 4 
 
 Samuel Donaghe . 
 
 Ohio. 
 
 “ Sept. 
 
 24 
 
 
 Sarah M. Crumbecker-.. 
 
 “ 
 
 “ 
 
 24 
 
 11 
 
 "Wm. Small . __ 
 
 Berkeley, 
 
 1846, Jan. 
 
 8 
 
 4 4 
 
 Rebecca Marlow 
 
 Ohio, 
 
 “ Nov. 
 
 14 
 
 Died Jan. 29, ’62 
 
 Malcher Barchett. 
 
 'Mercer, 
 
 1847, Jan. 
 
 22 
 
 Remains. 
 
 Mary King 
 
 Harrison, 
 
 “ May 
 
 8 
 
 Died,J’lyll,’61 
 
 Elizabeth Townsend 
 
 Ohio, 
 
 1848, Feb. 
 
 17 
 
 Remains. 
 
 Nancy Clendennin 
 
 Putnam, 
 
 Dec. 
 
 22 
 
 Died. June 1/65 
 
 Mary Bashore — .. __ 
 
 Berkeley, 
 
 1850, Jan. 
 
 26 
 
 “ Sep.25/64 
 
 David Cotton . 
 
 Monongalia 
 
 “ Feb. 
 
 3 
 
 “ Ap. 23/64 
 
 0. E. Brown __ 
 
 Putnam, 
 
 4 4 4 4 
 
 11 
 
 Remains. 
 
 Reuben Swiger J 
 
 Harrison, 
 
 “ “ 
 
 20 
 
 “ 
 
 James Louks 
 
 Randolph, 
 
 “ “ 
 
 27 
 
 Died,Oct.ll/62 
 
 James Durgan 
 
 Fayette, 
 
 “ Apr. 
 
 18 
 
 “ J’ly 2/62 
 
 Abraham Kemp : 
 
 Jefferson, 
 
 4 4 4 4 
 
 30 
 
 Remains. 
 
 Thos. J. Larew._ 
 
 “ 
 
 “ 
 
 30 
 
 Died, Ap. 13/64 
 
 Eunice Phillips 
 
 Monongalia 
 
 “ July 
 
 8 
 
 Remains. 
 
 Wm. Black 
 
 Harrison, 
 
 “ Aug. 
 
 19 
 
 “ 
 
 Helen Lvnch 
 
 Hardy, 
 
 “ Sept. 
 
 4 4 4 4 
 
 3 
 
 “ 
 
 Mary Williams _ 
 
 Kanawha, 
 
 26 
 
 “ 
 
 Isabella Logsden 
 
 Marshall, 
 
 “ Oct. 
 
 13 
 
 “ 
 
 Wm. Irby 
 
 Cabell, 
 
 “ Nov. 
 
 6 
 
 Died, Mar. 7/63 
 
 Mary J. Smart 
 
 Hardy, 
 
 “ 
 
 8 
 
 Remains. 
 
 Joseph Bear 
 
 Ohio, 
 
 4 4 4 4 
 
 20 
 
 “ 
 
 Almarinda Smith 
 
 Wayne, 
 
 1851, Jan. 
 
 3 
 
 4 4 
 
 Mary A. Demos 
 
 Berkeley, 
 
 4 > » 4 
 
 22 
 
 
 Richard Morrison 
 
 “ 
 
 “ Feb. 
 
 18 
 
 4 4 
 
 Christina Buckhart 
 
 “ 
 
 “ Mar. 
 
 6 
 
 . ( 
 
 Chas. Howard . __ 
 
 “ 
 
 4 4 4 4 
 
 14 
 
 4 4 
 
 Wm. T. Parker 
 
 Hampshire,) 
 
 “ Apr. 
 
 6 
 
 
 Timothy Clutter 
 
 Pocahontas, 
 
 << 44 
 
 2 '.) 
 
 U 
 
 *Pay Patients. 
 
93 
 
 Journal of the Senate . 
 
 List — Continued. 
 
 Name. 
 
 Couuty. 
 
 Date ot Admission. 
 
 Discharged Dead or 
 Eloped— Date. 
 
 Addison Cooper 
 
 Hampshire, 
 
 1851, June 9 
 
 Died Nov. 13, ’65 
 
 Mary A. Kidder 
 
 Jefferson, 
 
 “ 12 
 
 Remains. 
 
 George Ganzart 
 
 Marion, 
 
 “ Julv 16 
 
 “ 
 
 Mary Price - 
 
 Ohio, 
 
 “ Sept. 24 
 
 1 1 
 
 Rebecca J. Jarrell 
 
 Mercer, 
 
 “ Oct. 30 
 
 [Died, July 5, ’61 
 
 Thos. 0. Donnell 
 
 Berkeley, 
 
 “ <£ 31 
 
 Remains. 
 
 W. T. Randolph- 
 
 Doddridge, 
 
 “ Nov. 3 
 
 Died, Apr.11,’63 
 
 Nancy E. Maze 
 
 Gilmer, 
 
 1852, Jan. 14 
 
 Remains. 
 
 Ed. W. Brown 
 
 Greenbrier, 
 
 ' [! Mar. 19 
 
 ■Died, Aug. 6, ’63 
 
 John We y man 
 
 Ohio, 
 
 “ “ 24 
 
 44 Feb. 28, ’61 
 
 J. R. N. Dorsey 
 
 Jefferson, 
 
 41 “ 30 
 
 Remains. 
 
 Eugenias H. Little 
 
 Marion, 
 
 May 11 
 
 t i 
 
 *JohnT. Fryatt - _ 
 
 Berkeley, 
 
 “ June 25 
 
 Died, Nov. 15, ’63 
 
 Bridget Ward-. 
 
 Randolph, 
 
 “ July 16 
 
 Remains. 
 
 Ellen J. Keywood-. 
 
 Jefferson, 
 
 “ Aug. 12 
 
 “ 
 
 Geo. R. C. Price 
 
 Hardy, 
 
 44 Sep. 5 
 
 u 
 
 j 
 
 Robt. N. Pine . __ __ 
 
 Kanawha, 
 
 44 “ 18 
 
 
 Martha A. McGuffin 
 
 Randolph, 
 
 “ Nov. 19 
 
 “ 
 
 Jeremiah Conner 
 
 Berkeley, 
 
 “ Dec. 5 
 
 44 
 
 John Cavanagh __ 
 
 Gilmer, 
 
 1853, Apr. 15 
 
 < ( 
 
 Lorenzo Nelson... __ J 
 
 Hampshire, 
 
 lt May 7 
 
 1 1 
 
 Elizabeth Keesling 
 
 Upshur, 
 
 “ June 2 
 
 
 Robert McClintie 
 
 Greenbrier, 
 
 “ July 21 
 
 “ 
 
 Margaret Hall ! 
 
 Marion, 
 
 “ Aug. 19 
 
 “ 
 
 Jas. A. Nettle _ 
 
 Monroe, 
 
 “ Sep. 17 
 
 “ 
 
 Jeremiah Echols. 
 
 Ohio, 
 
 “ “ 20 
 
 
 Israel Heafer - 
 
 Jefferson, 
 
 “ Oct. 1 
 
 
 Martha E. Maupin. 
 
 Cabell, 
 
 44 Nov. 22 
 
 44 
 
 Rachel Lowry 
 
 Greenbrier, 
 
 “ “ 29 
 
 “ 
 
 Jas. F. Duke. 
 
 Jefferson, 
 
 “ Dec. 6 
 
 i L 
 
 Wm. McFerris 
 
 Greenbrier, 
 
 1854, Apr. 17 
 
 “ 
 
 Thomas Carey . . _ 
 
 Wayne, 
 
 “ July 30 
 
 “ 
 
 Mark B. Kounes__ 
 
 Mason, 
 
 “ Aug. 18 
 
 Died, Feb. 4, ’62 
 
 William Morrow-- -- 
 
 Harrison, 
 
 “ Nov. 7 
 
 Remains. 
 
 James Nuzam 
 
 Taylor, 
 
 1855, Jan. 24 
 
 U 
 
 John Schrack 
 
 Ohio, 
 
 “ Mar. 29 
 
 Eloped Oct. 1,65 
 
 John Woody 
 
 Putnam, 
 
 “ April 7 
 
 Died, Jan.20,’62 
 
 Phebe A. Anderson 
 
 Wetzel, 
 
 “ “ 13 
 
 Died, Feb.28,’65 
 
 Thos. C. Parker „ 
 
 Upshur, 
 
 “ Aug. 1 
 
 Remains. 
 
 Andrew J. Evans 
 
 Wetzel, 
 
 44 Oct. 10 
 
 Died,Junel8,’63 
 
 Curtis Dailey __ 
 
 Berkeley, 
 
 “ Dec. 2 
 
 Died, Oct. 18, ’60 
 
 Sebastian Eaty 
 
 Jefferson, 
 
 1856, Feb. 5 
 
 Remains. 
 
 Rosa A. Bowman. __ _ 
 
 Berkeley, 
 
 “ Mar. 18 
 
 Died, May 3, ’63 
 
 Hansford N. Cooper j 
 
 Marshall, 
 
 44 “ 24 
 
 Died, Feb. 8, ’61 
 
 James Ellis 
 
 Greenbrier, 
 
 44 Apr. 26 
 
 Remains. 
 
 John Sullivan-. _! 
 
 Berkeley, 
 
 44 May 8 
 
 Died, Oct. 18, ’64 
 
 Abby C. Ludwick 1 
 
 Hampshire, 
 
 “ 44 16 
 
 Remains. 
 
 Elizabeth Reynolds | 
 
 Barbour, 
 
 “ June 30| 
 
 U 
 
 *Pay Patients. 
 
94 
 
 Journal of the Senate. 
 
 List — Continued. 
 
 Names. 
 
 County. 
 
 ! i Discharged, Dead or 
 
 IDate of Admission. I Eloped" Date. 
 
 William Boley (Jefferson, 
 
 Jackson Edwards j Barbour, 
 
 George Davis Greenbrier, 
 
 Mary E. McKein (Brooke, 
 
 Mary J. Irwin jLewis, 
 
 Edward W, Stephens -- Ohio, 
 
 Mary Burdent Greenbrier, 
 
 Margaret Sensler (Preston, 
 
 Elizabeth Gaertner | Ohio, 
 
 Emi y Hardway (Kanawha, 
 
 Jane McCloy j Jefferson, 
 
 Margaret Cunningham. |Kanawha, 
 
 John Mone Ohio, 
 
 Matthew Collins (Mason, 
 
 George Stein ! Jefferson, j 
 
 Augustus Wilson Raleigh, 
 
 Western R. Moss Monroe, 
 
 Thomas Lyon Berkeley, 
 
 Luther 0. Howes Barbour, 
 
 Lydia Keister Greenbrier, 
 
 Ann Smith ! Cabell, 
 
 John Weinheim (Jackson, 
 
 William Dillon j Taylor, 
 
 Margaret Neel j Monroe, 
 
 Martin Pansier (Randolph, 
 
 Thomas Nichols Logan, 
 
 Polly Blankenship ( “ 
 
 Samuel Westwood Ohio, 
 
 Maria Eagan Marion, 
 
 Joseph Kempt Hancock, 
 
 Virginia McCutcheon.. Nicholas, 
 
 Elizabeth A. Hurt Monroe, 
 
 * Abney W. Hogg Mason, 
 
 Bridget Foley Jefferson, 
 
 Giles C. Hamill “ 
 
 *Ephraim M. Grace Hampshire, 
 
 Jacob C. Roach Mason, 
 
 Ann M. Kid well. Hampshire, 
 
 James Nolon Berkeley, 
 
 Joanna Kettzmer Jefferson, 
 
 Arch M. Douglass 
 
 Elizabeth Snyder Randolph 
 
 *Peter J. White Putnam, 
 
 Thos. M. Parkins Greenbrier,! 
 
 *Ann D. Scott Hardy, 
 
 *Wm. S. Parker Hampshire,! 
 
 Wm. Price Greenbrier,! 
 
 1856, July 
 Aug. 
 
 1857 
 
 Sep. 
 Mar. 
 “ Apr. 
 “ June 
 
 “ A «g- 
 “ Au & 
 “ Au k- 
 
 “ Nov. 
 
 1858, June 
 “ June 
 
 ; “ July 
 
 “ Dec. 
 
 1859, Feb. 
 “ Mar. 
 “ Mar. 
 “ July 
 “ Oct. 
 
 “ Nov. 
 “ Dec. 
 
 1860, Feb. 
 
 “ Apr. 
 “ May 
 “ June 
 “ July 
 
 “ Sep. 
 
 “ Sep. 
 
 Sep. 
 
 “ Oct. 
 
 “ Oct. 
 
 “ Oct. 
 li Nov. 
 “ Nov. 
 
 “ Nov. 
 “ Nov. 
 “ Dec. 
 
 1861, Feb. 
 
 “ May 
 “ June 
 “ June 
 “ July 
 “ July 
 “ Aug. 
 “ Aug. 
 
 15'Remains. 
 
 il " 
 10 * 
 
 11 
 
 Died Ap. 25, ’64 
 Died J’ly 27, ’62 
 Remains. 
 
 U 
 
 Died May 14, ’63 
 Remains. 
 
 Died Feb. 22, ’64 
 Remains. 
 
 Died Nov.16,’62 
 Died Jun. 10, ’64 
 Remains. 
 
 (7 ; Discharged, cured, October 
 • : 23, 18(50. 
 
 27|Remains. 
 
 20 Died Nov. 5, ’62 
 Died Sep. 10, ’62 
 Remains. 
 
 f 
 
 20 
 
 26 
 
 1 
 
 18 
 
 27 
 
 1 
 
 15 
 
 17 
 
 30 
 
 15 
 
 28 
 14 
 
 7 
 
 14 
 
 4 
 
 27 
 
 12 
 
 22 
 
 Discharged, cured, 
 5, 1861. . 
 
 Remains. 
 
 Died Ap. 11, ’64 
 
 Discharged, cured, Sep. 30, 
 1861. 
 
 Discharged, cured, Nov. 3d, 
 1861. 
 
 Discharged, cured, June IT, 
 1862. 
 
 Discharged, cured, Nov. 16, 
 1865. 
 
 Discharged, cured, Jan. 6 , 
 1862. 
 
 Discharged, cured, Nov. SO, 
 1861. 
 
 Discharged, cured, Apr. 21, 
 1861. 
 
 Remains. 
 
 Discharged, cured, Dec. IT. 
 1861. 
 
 Remains. 
 
 Discharged, cured, Hep. 30, 
 1861. 
 
 Remains. 
 
 Discharged, cured, Hep, 15, 
 1862. 
 
 Remains. 
 
 Discharged, cured, Sep. 30, 
 1861. 
 
 Discharged, cured, Juno 23, 
 1802. 
 
 *Pay Patients. 
 
95 
 
 Journal of the Senate. 
 
 List — Continued. 
 
 Namo. 
 
 County. 
 
 Date of Admission. 
 
 i Discharged, Dead or 
 Eloped— Date. 
 
 Elijah Ramsburg 
 
 *Catharine M. Nicholson 
 
 Henrv Farley 
 
 Thomas Nickels- ■ 
 
 Joseoh Noel- 
 
 * William S. Parker 
 
 Susan McDowell-- - J 
 
 Berkeley, 
 
 Jefferson, 
 
 Logan, 
 
 Hampshire,) 
 
 Green brierJ 
 
 1862, Apr. 7 
 
 1 “ Aug. 1 
 
 1863, Sept. 17 
 
 1864, July 2 
 “ Aug. 30 
 
 1865, Feb. 16 
 
 Discharged, cured, April 8, 
 1862. 
 
 Discharged, cured, Nov. 30, 
 
 1863. 
 
 Remains. 
 
 Discharged, cured, April 9, 
 
 1864. 
 
 Remains. 
 
 Discharged, cured, Aug. 29, 
 
 1865. 
 
 Remains. 
 
 *Pav Patients. 
 
 Copy from Register. 
 
 Francis T. Stribling, 
 
 Physician and Superintendent. 
 
96 
 
 Journal of the Senate. 
 
 Eastern Lunatic Asylum, \ 
 
 Williamsburg, Va., Feb. 2, 1866. / 
 
 M. P. Amiss, Esq. : 
 
 Sir: — In compliance with the resolution of the Legislature of 
 West Virginia, requesting the Superintendent to furnish the Com- 
 missioner with the names and residences of all insane persons in 
 this Institution, alleged to have been sent from within the limits of 
 that State before the war, and to ascertain the amount claimed for 
 their support, from the 1st of May, 1865, to the 1st of January, 
 1866; also, what arrangements can be made for their continuance 
 here, until they can be provided for in your asylum, is herewith 
 respectfully furnished. 
 
 It would afford me much pleasure to be able to furnish you a full 
 and detailed account of the insane, when admitted, also their 
 peciftiiary condition, now under my care, but I am sorry to say that 
 the records of the Institution were destroyed or so mutilated that 
 I am compelled to confine myself strictly to the resolution of the 
 Legislature, and furnish the names, counties, the amount due for 
 support for the time specified, and what will be charged per head, 
 per week. 
 
 John L. Heller, from Randolph, Feb. 14, 1837. 
 
 Martin Quackenbush, from Monroe, April 12, 1843. 
 
 Martha Sommerville, from Harrison, April 3, 1844. 
 
 George Perry, from Jefferson, March 23, 1847. 
 
 Louisia Wagner, from Oh,io, January 19, 1847. 
 
 Mundly I. Bowie, from Harrison, Jan. 13, 1855. 
 
 Francis Boyd, from Harrison, June 30, 1855. 
 
 William Maxwell, from Hancock, Feb. 2, 1857. 
 
 Louisa Swartz, from Wood, Aug. 20, 1857. 
 
 Virginia Raum, from Jefferson, April 22, 1859. 
 
 Cynthia Farrell, from Kanawha, Feb. 9, 1861. 
 
 Thos. Florence, from Ohio, Feb. 14, 1861. 
 
 Wm. Alexander, from Lewis, March 20, 1861. 
 
 Total, 13. 
 
 Amount claimed, $2,215,29 to 1st January, 1866. 
 
 We will charge seven dollars per week for each patient until 
 removed. 
 
 Yours, Very Respectfully, 
 
 Leonard Henly, 
 Superintendent and Physician. 
 
 At a meeting of the Board of Directors of the Western Lunatic 
 Asylum, convened for the purpose of considering a communication 
 from the Governor of West Virginia, present, Alex. H. H. Stuart, 
 John Wayt, Benjamin F. Points, Henry H. Peck, Benjamin Craw- 
 ford, Edwin M. Taylor, and Wm. C. Eskridge. The communication 
 of Gov. Boreman having been read, 
 
 On motion of Edwin M. Taylor, ordered that the Superintendent 
 furnish M. P. Amiss, Agent for the State of West Virginia, a list 
 of all the patients from West Virginia, who are now or have been 
 
97 
 
 Journal of the Senate. 
 
 in the asylum since the 30 tli of September, I860, with the date of 
 their admission, and discharge or death, and the counties lrom 
 which they have respectively been received. 
 
 Ordered ’ That it be communicated to the G-overnor of West Vir- 
 ginia, as the sense of this Board, that inasmuch as the whole 
 expense of maintaining the asylum arid its inmates since the close 
 of the fiscal year 1860, has been borne by taxation levied exclu- 
 sively on the people of Virginia, justice requires that the State of 
 West Virginia should pay a part of the cost of maintaining the 
 asylum from that date, proportioned to the number of her patients 
 in the asylum. 
 
 Ordered , That it be made known to the Governor of West Vir- 
 ginia that the aggregate cost of maintaining the asylum, divided 
 by the whole number of patients, exhibits the average cost of main- 
 tenance to be two hundred and lour dollars ($204) per annum. 
 
 Ordered , That the Superintendent inform the agent of West Vir- 
 ginia, that the Board is willing. in a spirit. of comity to accommodate 
 the patients from West Virginia in the Western iVsylum for the 
 present year, at the rate of two hundred and four dollars ($204) 
 per annum, but that they earnestly hope that the Governor of West 
 Virginia will use all his practical diligence to have these patients 
 from that State removed at as early a day as possible, as the room 
 now occupied by them is greatly needed for patients from the State 
 of Virginia. 
 
 A copy— Test. 
 
 W. C. Eskridge, Cleric p. t. 
 
 February 8, 1866. 
 
 On motion of Mr. Corley, House Bill No. 42, entitled “ A Bill 
 to establish a permanent seat of government for the State of West 
 Virginia, ” on its second reading was taken from the table. 
 
 And the question arising on the amendment proposed by the 
 Committee, to strike out of the first section the words “ Buckhan- 
 non, in the county of Upshur,” and in.sert in lieu thereof, the 
 words “ Clarksburg, in the county of Harrison. ” 
 
 Mr. Maxwell demanded a division of the question, and the motion 
 then being to strike out of the first section the words “Buckhannon, 
 in the county of Upshur, ” 
 
 On motion of Mr. Hawkins, the Senate took a recess until 21 
 o’clock, P. M. 
 
 * . • * AFTERNOON SESSION. 
 
 The Senate re-assembled. 
 
 Pending the consideration of the question before the Senate at 
 the hour of recess, 
 
 Mr. Chapline moved that it be made the special order for 
 to-morrow at 11 o’clock, A. M., which was agreed to. 
 
 The Senate then adjourned. 
 
 13 
 
98 
 
 Journal of the Senate . 
 
 SATURDAY, February 17, 1866. 
 
 The Senate met at the usual hour, and was opened with prayer by 
 Rev. Mr. Monroe, after which the journal of yesterday was read 
 and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, ) 
 Wheeling , ieb. 16, 1866. / 
 
 The House has this day passed and respectfully asks the concur- 
 rence of the Senate in 
 
 House Bill No. 75, “ A Bill to transfer certain lands in Ohio 
 county to the Boards of Education of certain townships therein. ” 
 
 House Bill No. 87, “A Bill for the relief of Francis H. 
 Peirpoint, ” and 
 
 House Bill No. 88, “ A Bill to dispense with the assessment of 
 back taxes in certain counties. ” 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
 Said bills were read the first time, and No. 75 was referred to 
 the Committee on Education, No. 87 and 88 were referred to the 
 Committee on Finance and Claims. 
 
 Mr. Price, from the Committee on Townships, reported back 
 House Bill No. 56, entitled “ A Bill to consolidate the towns of 
 Moundsville and Elizabethtown, ” recommending its passage. 
 
 On motion of Mr. Price, said bill was amended by striking out 
 the word “ city " wherever it occurs in the bill, and inserting in 
 lieu thereof, the word “town.” 
 
 On motion of Mr. Burley, the words “ General Assembly ” were 
 stricken out of the 5th line of the seventh section, and the word 
 “ Legislature ” inserted, and the word “ execution ” was stricken 
 out of the 8th line of the 8th section, and the word “writ” 
 inserted. 
 
 Pending the second reading of said bill, on motion of Mr. Burley, 
 the bill was referred to the Committee on the Judiciary. 
 
 Mr. Price, from the Committee on Townships, reported back 
 Senate Bill No. 61, entitled “ A Bill allowing the Boards of Super- 
 visors of the counties of this State to subscribe stock to any Rail 
 Road Company, ” recommending that it do not pass; and the Sen- 
 ate refused to read the bill the second time. 
 
 Mr. Burdett, from the Committee on Finance and Claims, reported 
 back House Bill No. 32. entitled “ A Bill making an appropriation 
 to Robertson Cook,” recommending its passage. 
 
 On motion of Mr. O’Brien, the bill was laid on the table. 
 
99 
 
 Journal of the Senate. 
 
 Mr. Burdett, from the same Committee, reported that it is inex- 
 pedient to legislate upon the subject of reducing the license upon 
 billiard saloons ; and the report was adopted. 
 
 On motion of Mr. Dix, 
 
 Resolved , That the Committee on Internal Improvements and 
 Navigation inquire into the expediency of appropriating four thou- 
 sand dollars for the purpose of re-building the bridge across 
 Pocotalico River on the Charleston and Point Pleasant Turnpike, 
 in Putnam county. 
 
 Mr. Haymond presented the petition of citizens of Gilmer, 
 Ritchie and Tyler, praying for the passage of a law chartering a 
 certain road, which was referred to the Committee on Internal 
 Improvements and Navigation. 
 
 Senate Bill No. 52, entitled “ A Bill to amend and re-enact the 
 act regulating allowances to county officers, ” was read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Cor- 
 ley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — None. 
 
 Senate Bill No. 53, entitled “ A Bill to relinquish to the Mary- 
 land and Virginia Bridge Company, the stock in said Company 
 belonging to the State, ” was read the third time, and passed with 
 its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Cor- 
 ley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 56, entitled “ A Bill in relation to actions of 
 detinue, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Cor- 
 ley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 29, entitled “ A bill to construct a mill dam 
 across Elk River, at Sutton, Braxton county, ” was read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Cor- 
 ley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 33, entitled “ A Bill for the relief of St. Clair 
 Rains, of Kanawha county, ” was read the third time, and passed 
 with its title : 
 
100 Journal of the Senate . 
 
 Yeas — Messrs. Stevenson, (President,) Barley, Chambers, Cor- 
 lev, Dix, Duval, Hagar, Hawkins, Havmond, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 . House Bill No. 44, entitled “ A Bill to repeal sections 22 and 23 
 of chapter 163, Code of Virginia, second edition, was read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Cor- 
 ley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 Mr. Burdett was directed to inform the House of Delegates of 
 the passage of Senate Bill No. 52, entitled “ A Bill to amend and 
 re-enact the act regulating allowances to county officers, ” and 
 request their concurrence therein. 
 
 The hour of 11 o’clock, A. M., having arrived, the Senate pro- 
 ceeded to the consideration of the special order, that being House 
 Bill No. 42, entitled “ A Bill to establish a permanent seat of gov- 
 ernment for the State of West Virginia,” the question being on 
 the motion to strike out the words “ Buckhannon, in the county of 
 Upshur. ” 
 
 Upon this question, Mr. Corley demanded the yeas and nays, 
 which were ordered. 
 
 But Mr. Stevenson, (Mr. Burdett in the chair,) moved that the 
 further consideration of said bill be postponed indefinitely; and 
 upon this. question Mr. Corley demanded the yeas and nays, which 
 were ordered — 
 
 When, on motion of Mr. Burdett, the bill was laid on the table. 
 
 A message from the House of Delegates, by Mr. McWhorter, 
 announced that that body had adopted, and asked the concurrence 
 of the Senate in, House Joint Resolution No. 17, as follows: 
 
 Whereas, while it was no doubt the desire and intention of the 
 authorities of the United States to protect the loyal people of 
 West Virginia during the late war, by United States troops, from 
 the inroads and devastation of the enemy, and for this purpose 
 posts were established at several points along the border of the 
 State; yet on account of the great necessity for troops elsewhere ; 
 of our proximity to the enemy — a part of our State being occupied 
 by his forces during a great portion of the time — ot the fact that 
 there were many in our midst who were traitors at heart, and who, 
 while they professed submission to the laws, were ready to, and did 
 frequently, secretly co-operate with their friends who had taken up 
 arms against their country; and of the peculiar, character of the 
 controversy, strife and war which existed in our State, where fam- 
 ilies, friends and neighbors were separated and arrayed in deadly 
 hostility on the subject of the rebellion, and the means used for its 
 
101 
 
 Journal of the Senate. 
 
 suppression ; all these made it impracticable for the government to 
 afford that protection to the loyal people, against rebel guerrillas, 
 robbers and murderers, which they were entitled to, and which 
 was necessary to enable them to remain at their homes and provide 
 the means of support for themselves and families ; and it therefore 
 became the duty of the State to provide that protection for its 
 loyal citizens — especially in the border and more exposed counties 
 — which it was manifest the United States did not, and under the 
 circumstances, probably could not do. And for this purpose Inde- 
 pendent Companies were organized under State authority, and 
 were kept on duty in the counties most exposed and liable to the 
 greatest injury at the hands of their armed bands of rebel robbers 
 and murderers; and were paid for their services out of the treasury 
 of the State, in pursuance of appropriations made by the Legisla- 
 ture for that, purpose, and the moneys thus paid out amount in the 
 aggregate to the sum of two hundred and thirteen thousand, 
 nine hundred and eighty-eight dollars, and forty-two cents 
 ($213,988,42.) 
 
 And whereas, in September, 1868, a company of the militia of 
 Upshur county were under arms for the protection of their neigh- 
 borhood, and while thus under arms were attacked and overpowered 
 by a superior force of the enemy, and sixty-eight (68) of their 
 number were captured and carried off to Southern prisons, where 
 forty-five (45) of them died, and the survivors returned with con- 
 stitutions broken down and destroyed by the cruel and inhuman 
 treatment received while in prison ; and under an appropriation 
 made by the Legislature for the purpose, the State has paid to those 
 of this company who returned and to the families of those who 
 died, thirteen dollars per month, for the time only that they were 
 prisoners, amounting to the sura of six thousand nine hundred and 
 fifty dollars and eighty cents ($6,950,80.) 
 
 And whereas, the evidence of the payments so made, although 
 somewhat informal, is nevertheless in the office of the Quarter- 
 master General of the State, and is regarded by this Legislature as 
 sufficient proof that the payments have been made. 
 
 And whereas, it appears from the report of the Board of Claims, 
 created by an act of the Legislature, that claims to the amount of 
 one hundred and forty-seven thousand, six hundred and nine dol- 
 lars and ten cents ($147,609,10) have been audited by said Board 
 for services rendered by militia of this State, since the 20th day of 
 June, 1861 ; for subsistence furnished the militia when called into 
 service ; for the expenses of transportation of such militia, and of 
 supplies for their use, and for subsisting and equipping volunteer 
 recruits subsequently mustered into the United States service. 
 
 And whereas, this State has furnished its full proportion of 
 troops to the United States army during the late war, exclusive of 
 the State companies mentioned ; therefore, 
 
 Resolved by ike Legislature of West Virginia : 
 
 That in view of the facts above recited, which are hereby affirmed 
 to be true ; and inasmuch as the sums of money paid by the State 
 as aforesaid, were paid to State troops who supplied the place of a 
 
102 
 
 Journal of the Senate. 
 
 like number of United States troops, and who afforded a local pro- 
 tection, which it ssemed impossible otherwise to secure ; and the 
 claims audited by the Board as aforesaid for the services of the militia 
 of the State, &c., said sums amounting in the whole to three hun- 
 dred and sixty-eight thousand, six hundred and forty-eight dollars 
 and thirty-seven cents, ($368,648,37) in the opinion of this Legisla- 
 ture constitute a just demand against the United States, and should 
 be paid by the United States to this State. 
 
 2. That the Governor be requested to furnish our Senators and 
 Representatives in Congress, copies of these resolutions, and also 
 place in their hands evidence of the payment of the claims herein 
 mentioned, and the claims audited by the Board, as aforesaid, in 
 order that they may lay the same before Congress, and take such 
 action as in their opinion will secure an appropriation by that body, 
 to repay to the State the money paid out as herein set forth, and to 
 pay the claims audited by the Board of Claims for this State before 
 mentioned. 
 
 On motion of Mr. Maxwell, the resolution was adopted. 
 
 The Senate then adjourned. 
 
 MONDAY, February 19, 1866. 
 
 The Senate was opened with prayer by Rev. B. W. Chidlan of 
 Cincinnati. 
 
 The journal of Saturday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling , February 17, 1866. J 
 The House has this day passed Senate Bill No. 2, “ A Bill to 
 prevent and punish the forcible or unlawful obstruction of public 
 justice.” 
 
 Senate Bill No. 43, “ A Bill better to provide for the distribution 
 of the acts, ” and 
 
 Senate Bill No. 44, “ A Bill making an appropriation for the 
 Antietam National Cemetery;’’ it has also passed and respectfully 
 asks concurrence by the Senate in 
 
 House Bill No. 80, “ A Bill to dissolve and close the branch of 
 the Exchange Bank of Virginia, at Weston.” 
 
 House Bill No. 114, “A Bill to ratify on certain terms the act 
 of the General Assembly of Virginia, passed February 3, 1866, 
 relating to the Virginia Canal Company.” 
 
 House Joint Resolution No. 18, “ In referrence to printing the 
 Governor’s message concerning lunatics from this State in Virginia 
 Asylums.” 
 
 Resolved by the Legislature of West Virginia , 
 
 That two thousand copies of the Governor’s message concerning 
 lunatics from this State, now in the lunatic asylums of Virginia, 
 
Journal of the Senate . 103 
 
 with the documents accompanying it, be printed for the use of the 
 two Houses, and 
 
 House Joint Resolution No. 19, “Proposing to celebrate the 
 anniversary of Washington’s birthday.” 
 
 Resolved by the Legislature of West Virginia , That the Senate 
 and House of Delegates meet in joint session in the hall of the latter 
 on Thursday the 22d inst., at 10 o’clock A. M., and that Washing- 
 ton’s farewell address be read upon the occasion. 
 
 Wm. P. Hubbard, 
 Cleric, House oj Delegates. 
 
 The said resolutions were adopted, and said House Bills read the 
 first time, and No. 80 was referred to the Committee on Banks and 
 Corporations, and No. 114, to the Committee on Internal Improve- 
 ments and Navigation. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back House Bill No. 13, entitled “ A Bill relating to suits brought 
 against Supervisors and Inspectors of Elections, and providing for 
 the payment of their costs in defending the same, ” recommending 
 its passage; and it was read the second time, and ordered to its 
 third reading. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back, without recommendation, Senate Bill 
 No. 20, entitled “A Bill to amend the charter of the West 
 Virginia Central Railway Company.” • * 
 
 The said bill coming up on its second reading, Mr. Burley offered 
 a substitute therefor, entitled “ A Bill to incorporate the Covington 
 and Ohio Railway Company, ” which was ordered to be printed. 
 
 On motion of Mr. Burley, the bill and substitute were laid on 
 the table. 
 
 Mr. Dix, by leave; introduced Senate Bill No. 63, entitled “A 
 Bill to transfer the Point Pleasant Academy to the Board of Educa- 
 tion, of Lewis township in Mason county, ” which was read the 
 first time, its printing dispensed with, and referred to the Com- 
 mittee on Townships. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the Judiciary Committee inquire into the neces- 
 sity of appropriating a sum of money sufficient to bring up the law 
 library to this time. 
 
 Mr. Burdett, offered Senate Joint Resolution No. 10, “ Endorsing 
 the reconstruction policy of President Johnson, ” as follows : 
 
 Resolved by the Legislature of West Virgmia, That we hereby 
 endorse the policy of Andrew Johnson in organizing State govern- 
 ments in the States lately in rebellion, and in extending the lawful 
 authority of the general government over the same. 
 
104 
 
 Journal of the Senate. 
 
 Mr. Burdett, moved that the rules requiring joint resolutions to 
 lie on the table one day, be suspended ; but the motion was rejected ; 
 and so the resolution lies over. 
 
 On motion of Mr. Hawkins, House Bill No. 80, entitled “ A Bill 
 to provide for a re-assessment of the value of all the real estate 
 within this State, ” on its second reading was taken from the table. 
 
 On motion of Mr. Haymond, the words “ and correct mistakes as 
 to quantity of land assessed, ” were inserted alter the word “ man- 
 ner, ” in the 18th line of the 7th section. 
 
 Mr. Mahon, moved that the first section of the bill be amended 
 by striking out of the 3d and 4th lines the words “ assessor’s dis- 
 trict, ” and inserting in lieu thereof the w 7 ord “ townships ;” but the 
 motion was lost. 
 
 Mr. Peck, moved that the bill be recommitted, but the Senate 
 disagreed to the motion. 
 
 On motion of Mr. Maxwell, the words “ twelfth day after the 
 fourth Thursday in April,” were stricken out of the first section on 
 engrossed bill, and “ twentieth day of July ” inserted. 
 
 On motion of Mr. Kitchen, the words “(or the judge of the 
 circuit court, as the case may be ,) ” were inserted after the word 
 “county” in the 2d line of the obligation contained in section 6. 
 
 On motion of Mr. Burley, the words “ or erroneous as to quality,’ 
 were inserted after the word “ value, ” in the lltli line of the 7th 
 section. 
 
 The bill was then read the second time and ordered to be read 
 the third time. 
 
 The Senate adjourned. 
 
 TUESDAY, February 20th, 1866. 
 
 The Senate was opened with prayer by Rev. Mr. Dix, member 
 of the Senate. 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates. | 
 
 February 19, 1866. J • . „ 
 
 The House has this day agreed to the amendments proposed by 
 the Senate to House Bill No. 57, “ A Bill to provide a penitentiary 
 for the State;” passed and respectfully asks the concurrence of 
 the Senate in House Bill No. 58, “A Bill to regulate the registra- 
 tion of voters, ” and House Bill No. 65, “A Bill to provide 
 punishment for the cutting down, injuring or destroying trees or 
 shrubs. ” 
 
 Wm, P. Hubbard, 
 
 Clerk House of Delegates. 
 
Journal of the Senate. 105 
 
 Said House Bills were read the first time, and referred to the 
 Committee on the Judiciary. 
 
 The following communication was received from the Supreme 
 Court of Appeals: 
 
 To Hon. W. E. Stevenson, 
 
 President of the Senate : 
 
 At a session of the Supreme Court of Appeals of the State of 
 West Virginia, held in the city of Wheeling on the 7th day of 
 February, 1866, the following order was made : 
 
 The Legislature is respectfully requested to appropriate a reason- 
 able sum to be expended according to law in the purchase of such 
 books as are needed to fill up the Law Library of the State. And 
 in the opinion of the Court it will require twenty-five hundred 
 dollars. 
 
 Teste : 
 
 Sylvanus W. Hall, Clerk. 
 
 • On motion of Mr. Burdett, said communication was referred to 
 the Committee on the Judiciary. 
 
 Mr. Slack, from the Committee on Humane and Criminal Institu- 
 tions, reported back Senate Bill No. 54, entitled “ A Bill for the 
 relief of the Overseers of the Poor of the county of Brooke, ’* 
 recommending its passage ; and it was read the second time, and 
 ordered to be engrossed. 
 
 Mr. Slack, from the same Committee, reported adversely upon 
 the resolution proposing to establish a House of Refuge. The 
 report was adopted. 
 
 House Bill No. 18, entitled “ A Bill relating to suits brought 
 against Supervisors and Inspectors of Elections and providing for 
 the payment of their costs in defending the same, ” was read the 
 third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 On motion of Mr. Maxwell, and by the unanimous consent of the 
 Senate, House Bill No. 30, entitled A Bill to provide for a 
 re-assessment of the value of all the real estate within this State, ” 
 on its third reading, was amended by striking out of the 18th line 
 of the 6th section, the word “ October, ” and inserting in its stead 
 the word “ December ; ’’ and the bill was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 14 
 
106 Journal of the Senate . 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back House Bill No. 114, “ A Bill to ratify on 
 certain terms, the act of the General Assembly of Virginia, passed 
 February 3, I860, relating to the Virginia Canal Company, ” recom- 
 mending its passage, with the following amendments : 
 
 1. Strike out section 5. 
 
 2. Strike out all after the words, “ to the” in the 1st line of the 
 present 7th section down to the end of the section, and in place 
 thereof, insert : 
 
 “General Assembly, Executive. Judiciary or Board of Public 
 Works of Virginia, shall, so far as concerns the works, property, 
 and acts of the Virginia Canal Company, its officers and agents 
 within this State, be vested in and exercised by the Legislature, 
 Executive, Judiciary and Board of Public Works of this State, 
 respectively ; and the appointment of the President of the said 
 Company, shall be subject to the approval of the Governor of this 
 State, in like manner in all respects as the same is by the said act 
 made subject to the approval of the Governor of Virginia. ” 
 
 3. At the end of the present 7th section add : 
 
 “ Any proceedings directed by the aforesaid act of February 3, 
 1866, to be taken or had before, or returned to the County Courts, 
 shall be taken or had before or returned to the Circuit Court 
 for the county ; and any proceedings which may be instituted 
 against the said Company in this State under the second section of 
 the tenth chapter of said act, shall be, by motion in the Circuit 
 Court for the county in which the seat of government of this State 
 may at the time be located, but in other respects shall be had con- 
 formably to the last mentioned section. ” 
 
 4. After the present section 7, insert as a new section : 
 
 “ 7. No troops or persons in the military or naval service of any 
 State shall be transported over the line of said work, without the 
 consent of the Governor of this State ; but troops or persons in the 
 military or naval service of the United States, their arms, munitions 
 and baggage shall nevertheless be transported over said line accord- 
 ing to the provisions of the twenty-sixth section of the sixth chapter 
 of said act. ” 
 
 5. After the above, insert as a new section : 
 
 “ 8. Nothing contained in the seventh section of the eighth chap- 
 ter of said act shall be construed as exempting any property, real 
 or personal, in this State, belonging to any officer, contractor, agent, 
 laborer, hireling or hand employed by the Virginia Canal Company, 
 or engaged at work upon the line of their works, from the taxes or 
 contributions to which property in this State belonging to other 
 persons is or shall be subject. ” 
 
 The said amendments were then adopted, the bill read the second 
 time, and ordered to its third reading. 
 
 On motion of Mr. Burley, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and the said bill read the third time, 
 and passed with its title : 
 
107 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, Peck, Price, Slack and Wright — 17. 
 
 Nays — Mr. Chapline — 1. 
 
 Mr. Burley was directed to inform the House of the passage of 
 said bill, and request concurrence in the Senate amendments. 
 
 On motion of Mr. Peck, Senate Bill No. 29, entitled “ A Bill 
 providing for the issuing of attachments in certain cases, ” was 
 taken up, and amended on his motion by unanimous consent of the 
 Senate, by inserting at the end of the 26th line of the 1st section, 
 the words “of any court having jurisdiction in the case, ” and on 
 motion of Mr. Maxwell, by like consent, by adding at the end of 
 the 1st section the words “ Provided that nothing contained in this 
 act shall be construed to repeal or interfere with any law now in 
 force in relation to attachments. ” 
 
 The bill was then read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chambers, Cor- 
 ley, Chapline, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 On motion of Mr. Corley, the Senate substitute for House Bill 
 No. 59, entitled “A Bill to prevent further taxation of soldier’s 
 property for bounty purposes, ” was taken up, read the third time, 
 and passed with its title : 
 
 Yeas — Messrs. Burley, Chambers, Chapline, Corley, Dix, Duval, 
 Hagar, Hawkins, Haymond, Kitchen, Mahon, Maxwell, Peck, Price, 
 Slack and Wright — 16. 
 
 Nays — Messrs. Stevenson, (President,) and Burdett — 2. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back House Bill No. 79, “ A Bill to charter a 
 road in Gilmer, Ritchie and Tyler counties, ” without any recom- 
 mendation, there being no notice accompanying the bill. 
 
 On motion of Mr. Chapline, the bill was laid on the table. 
 
 A message from the House of Delegates, by Mr. Goff, announced 
 that that body had concurred in all the amendments proposed by 
 the Senate to House Bill No. 114, entitled “ A Bill to ratify on 
 certain terms, the act of the General Assembly of Virginia, passed 
 February 3, 1866, relating to the Virginia Canal Company. ” 
 
 On motion of Mr. Burley, Senate Bill No. 57, entitled “ A Bill 
 to abolish the office of County Treasurer, ” was taken up, read the 
 second time and ordered to be engrossed. 
 
 The Senate then adjourned. 
 
108 Journal of the Senate. 
 
 WEDNESDAY, February 21, 1866. 
 
 The Senate met at the usual hour, and was opened with prayer by 
 Rev. Mr. Barnitz. 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, ) 
 Wheeling , February 20, 1866 J 
 
 The House has this day passed, Senate Bill No. 52, “ A Bill 
 to amend and re-enact the act regulating allowances to county 
 officers.” 
 
 Senate Bill No. 57, “ A Bill to legalize the poor tax levied by the 
 county courts of Berkeley county in the year 1863, ” and 
 
 Senate Bill No. 60, “A Bill amending the charter of the town of 
 Martinsburg.” 
 
 It has also passed and respectfully asks the concurrence of the 
 Senate in 
 
 House Bill No. 90, “ A Bill to amend and re-enact the first sec- 
 tion of an act passed February 1st, 1847, entitled 14 An Act to incor- 
 porate the male and female academy of Buckhannon.” 
 
 House Bill No. 93, “A Bill to establish the eleventh senatorial 
 district out of a part of the tenth.” 
 
 House Bill No. 94, “ A Bill fixing the times of holding the courts 
 in the several counties of the tenth and eleventh judicial circuits.” 
 House Bill No. 95, “ A Bill to change the times of holding the 
 courts in the eighth judicial circuit.” 
 
 House Bill No. 96, “ A Bill establishing and rearranging the 
 tenth and eleventh judicial circuits of this State, and providing for 
 the appointment of a judge of the eleventh circuit.” 
 
 House Bill No. 102, “ A Bill in relation to the statutes of limita- 
 tions.” 
 
 House Bill No. 106, “ A Bill to authorize the board of supevisors 
 of Hampshire county to borrow money.” 
 
 House Bill No. 107, “ A Bill for the relief of Amos Samples of 
 IJpshur county.” 
 
 House Bill No. 108, “ A Bill to amend and re-enact the first 
 section of an act entitled * An Act authorizing the present and 
 former sheriffs of Ohio county to pay certain moneys to the treasu- 
 rer of Ritchie and other townships in said county, ’ passed Febru- 
 ary 16, 1865.” 
 
 House Bill No. 110, “ A Bill to amend section 1 of chapter 78 of 
 the acts of the General Assembly of Virginia, passed February 13, 
 1862,” and 
 
 House Bill No. Ill, “ A Bill concerning the fiscal year.” 
 
 It has adopted and respectfully asks concurrence in a substitute 
 for Senate Bill No. 15, “ A Bill to incorporate the Wayne county 
 coal and iron railway company.” 
 
 Wm. P. Hubbard, 
 
 Cleric House of Delegates . 
 
109 
 
 Journal of the Senate. 
 
 The said House Bill was read the first time, and No. 93, 94, 95 
 96, 102, 108 and 110 referred to the Committee on the Judiciary ( 
 No. 107 and 111 to the Committee on Finance and Claims, No. 90 
 was referred to the Committee on Banks and Corporations, and No. 
 106 to the Committee on Townships. 
 
 The said Senate bill No. 15, entitled “ A Bill to incorporate the 
 Wayne county Coal and Iron Railway Company, ” and the substi- 
 tute therefor passed by the House, were referred to the Committee 
 on Internal Improvements and Navigation. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported the 
 following bills, which were read the first time : 
 
 Senate Bill No. 64, entitled “ A Bill in relation to the sixth and 
 seventh judicial circuits, and the times for holding the terms of the 
 circuit courts therein.” 
 
 Senate Bill No. 65, entitled “ A Bill in relation to oaths of 
 suitors and 
 
 Senate Bill No. 66, entitled “ A Bill to provide for the care of 
 the State law library.” 
 
 On motion of Mr. Peck, the case being urgent, and three fourths 
 of the members present consenting thereto, the rule was suspended 
 for the purpose, and Senate Bill No. 64, just reported, was read the 
 second time this day, and ordered to be engrossed; and being forth- 
 with engrossed, the rule was again suspended, and the bill read the 
 third time this day, and passsd with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — None. 
 
 The printing of Senate bills No. 64 and 65 was dispensed with. 
 
 Mr. Maxwell, from the Committee on the Judiciary reported back 
 House Bill No. 56, entitled “ A Bill to consolidate the town of 
 Moundsville and Elizabethtown, ” with a recommendation that it 
 pass, with the following amendments : 
 
 1. Insert after the word “law,” line 4, section 10, the words “for' 
 constables in similar cases.” 
 
 2. Add a new section at end of bill as follows : 
 
 13. The council of said town shall have power and authority to 
 change the streets and alleys and to lay off and open additional 
 streets and alleys in any part of said town upon making just com- 
 pensation to the owners of lots or ground taken for such purpose, 
 or affected thereby, and also to sell and convey in fee, any street or 
 alley which said council may deem of no public utility. 
 
 Said amendments were adopted and the bill read the second time> 
 and ordered to its third reading. 
 
110 
 
 Journal of the Senate. 
 
 Mr. Maxwell, also reported back House Bill No. 65, entitled “A 
 Bill to provide punishment for the cutting down, injuring or 
 destroying trees or shrubs, ” recommending its passage with the 
 following amendments : 
 
 1. In the 7th line after the Word “forest, ” insert the words “ or 
 take or destroy any fruit or garden or farm products.” 
 
 2. Add the following new section : 
 
 “2. All prosecutions under this act shall be commenced within 
 six months after the offence is committed.” 
 
 The said amendments were adopted, the bill read the second 
 time, and ordered to its third reading. 
 
 Mr. Maxwell, also reported back House Bill No. 77, entitled “A 
 Bill to repeal chapter eight of the acts of 1865, ” recommending 
 its passage, with the following amendment : 
 
 Add at the end of the bill the words “ except by the consent of 
 both parties.” 
 
 The amendment was adopted, the bill read the second time, and 
 ordered to its third reading. 
 
 Mr. Chapline, from the Committee on Banks and Corporations j 
 reported back House Bill No. 80, entitled “ A Bill to dissolve and 
 close the branch of the Exchange Bank of Virginia at Weston, ’’ 
 with a recommendation that it pass, with an amendment striking 
 out of the 14th line of section 2, the figures “ 1863 ” and inserting 
 “ 1862, ” and it was read the second time and ordered to its third 
 reading, the amendment being adopted. 
 
 Mr. Dix, from the Committee on Education, reported back House 
 Bill No. 75, entitled “A Bill to transfer certain lands in Ohio 
 county to the boards of education of certain townships therein, ’’ 
 recommending its passage ; and it was read the second time, and 
 ordered to its third reading. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back Senate Bill No. 50, entitled “ A Bill for the relief of married 
 women in insuring the lives of their husbands, ” recommending its 
 passsge, with the following amendment : 
 
 At the end of the first section strike out the words “ two hundred 
 dollars, ” and insert in lieu thereof, the words “ one hundred and 
 fifty dollars.” 
 
 The amendment was agreed to, the bill read the second time and 
 ordered to be engrossed. 
 
 Mr. Price, from the Committee on Townships, reported back 
 Senate Bill No. 63, entitled “ A Bill to transfer the Point Pleasant 
 Academy to the board of education of Lewis township, in Mason 
 
Journal of the Senate. Ill 
 
 county, ” recommending its passage, with the following amend- 
 ment : 
 
 Insert after the word “ deed, ” in the third line the words “ or 
 otherwise (provided it does not interfere with prior right held by 
 any other person.)” 
 
 The amendment was adopted, the bill read the second time, and 
 ordered to be engrossed. 
 
 Senate Bill No. 47, entitled “ A Bill relating to the schools ol 
 Wheeling and parts of townships connected therewith, ” on its 
 second reading, was, on Motion of -Mr. Dix, recommitted. 
 
 Mr. Burdett, presented a resolution adopted by the West Virgi- 
 nia Oil and Mining Association in favor of the adoption of the joint 
 resolution proposing to present a suitable medal to Gen. Samuel 
 Karns, as the first discoverer of oil in this State, which was read 
 and laid on the table. 
 
 Mr. Wright, by leave, introduced Senate Bill No. 67, entitled “A 
 Bill in relation to the Guyandotte Navigation Company,” which 
 was read the first time, and referred to the Committee on Internal 
 Improvements and Navigation. 
 
 On motion of Mr. O’Brien, House Bill No. 32, entitled “A Bill 
 making an appropriation to Robertson Cook, ” was taken up, and 
 re-committed. 
 
 Senate Bill No. 54, entitled. “A Bill for the relief of the Over- 
 seers of the Poor of the county of Brooke,” was read the third time* 
 and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 Senate Bill No. 51, entitled “ A Bill to abolish the office of 
 county Treasurer, ” was read the third time, and rejected by the 
 following vote : 
 
 Yeas — Messrs. Burdett, Corley, Dix, Hagar, Hawkins, Hay- 
 mond, Maxwell, O’Brien and Slack — 9. 
 
 Nays — Messrs. Stevenson, (President,) Chambers, Chapline, 
 Duval, Kitchen, Mahon, Peck, Price and Wright — 9. 
 
 Absent — Mr. Burley. 
 
 Mr. Burley, subsequently coming in, Mr. Price, moved that the 
 vote rejecting said bill be reconsidered, which was agreed to, and 
 the question again recurring on the passage of the bill, the vote 
 resulted as follows : 
 
 Yeas — Messrs. Burdett, Burley, Corley, Dix, Hagar, Hawkins, 
 Haymond, Maxwell, O’Brien and Slack — 10. 
 
 Nays — Messrs. Stevenson, (President,) Chambers, Chapline, 
 Duval, Kitchen, Mahon, Peck, Price and Wright — 9. 
 
112 
 
 Journal of the Senate. 
 
 The President decided that the bill was rejected, as it had not 
 received the affirmative vote of a majority of the members elected 
 to the Senate, as contemplated by the 37th section of the 4th article 
 of the Constitution. 
 
 From this decision of the President Mr. Burley appealed ; and 
 the question then being “ shall the decision of the chair be sustain- 
 ed ? ” Mr. Peck demanded the yeas and nays, which were ordered, 
 and taken. 
 
 The Yeas were — Messrs. Burdett, Chapline, Corley, Dix, Duval, 
 Hagar, Haymond, Kitchen, Mahon, Maxwell, O’Brien, Peck and 
 Price — 13. 
 
 The Nays were — Messrs. Burley, Chambers, Hawkins, Slack and 
 Wright— 5. 
 
 The President declined to vote. 
 
 So the decision of the chair was sustained. 
 
 Mr. Burdett, moved to take up Senate Joint Resolution No. 10, 
 “ Endorsing the reconstruction policy of President Johnson, ” and 
 upon the motion demanded the yeas and nays, which were ordered 
 and taken. 
 
 The Yeas were — Messrs. Burdett, Haymond, O’Brien an5 
 Peck— 4. 
 
 The Nays were — Messrs. Stevenson, (President,) Burley, Cham- 
 bers, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, Mahon, 
 Maxwell, Price, Slack and Wright — 15. 
 
 So the Senate refused to take up the resolution. 
 
 The Senate then adjourned. 
 
 THURSDAY, February 22, 1866. 
 
 The Senate was opened with prayer by Rev. J. W. Faggart. 
 
 The journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, | 
 February 21, 1866. j 
 
 The Plouse has this day passed Senate Bill No. 53, “ A Bill to 
 relinquish to the Maryland and Virginia Bridge Company the 
 stock in said Company belonging to the State ; ” agreed to the 
 amendments proposed by the Senate to House Bill No. 30, “ A Bill 
 to provide for a re-assessment of the value of all the real estate 
 within this State, ” and adopted the substitute proposed by the 
 Senate for House Bill No. 59, “ A Bill to prevent further taxation 
 of soldier’s property for bounty purposes, ” with the following 
 amendments, in which it respectfully asks concurrence : 
 
 1. Strike out of line 1 the words “ sum or sums of money, ” and 
 insert in lieu thereof, the word “ taxes. ” 
 
Journal of the Senate. 1.13 
 
 2. Add at the end of the substitute the words “ nor to any 
 person who served as a quartermaster or commissary. ” 
 
 It has also passed and respectfully asks the concurrence of the 
 Senate in 
 
 House Bill No. 19, “ A Bill in relation to evidence in actions 
 involving the title to lands. ” 
 
 House Bill No. 73, “A Bill to relieve the securities of Joshua 
 H. Staats, late Sheriff of Jackson county. ” 
 
 House Bill No. 92, “A Bill supplemental to the act establishing 
 the county of Mineral. ” 
 
 House Bill No. 116, “ A Bill to provide for the repair of the roads 
 and bridges throughout the State. ” 
 
 House Bill No. 117, “ A Bill prescribing the standard weight of 
 bituminous coal. ” 
 
 House Bill No. 118, “ A Bill concerning marriages between 
 colored persons. ” 
 
 House Bill No. 121, <! A Bill for the relief of John B. Baum- 
 gardner. ” 
 
 House Bill No. 122, “ A Bill to authorize the Board of Trustees 
 of the Presbyterian Church of Buckhannon to sell a certain lot,” and 
 
 House Bill No. 124, “ A Bill to repeal a part of section 2 of 
 chapter 58 of the Code of Virginia. ” 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
 The Senate agreed to the 1st of said amendments to House Bill 
 No. 59, and disagreed to the second. 
 
 The other House Bills named in said communication were read 
 the first time, and Nos. 19, 117 and 118 referred to the Committee 
 on the Judiciary ; Nos. 122 and 124 to the Committee on Banks 
 and Corporations ; Nos. 73 and 121 to the Committee on Finance 
 and Claims ; No. 9^ was referred to the Committee on Townships ; 
 and No. 116 to the Committee on Internal Improvements and 
 Navigation. 
 
 Senate Bill No. 63, entitled “ A Bill to transfer the Point Pleas- 
 ant Academy to the Board of Education of Lewis township in 
 Mason county, ” was read the third time, and passed with its title ; 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Ilaymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Slack and Wright — 18. 
 
 Nays — N one. 
 
 Senate Bill No. 50, entitled “ A Bill for the benefit of married 
 women in insuring the lives of their husbands, ” was read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Slack and Wright — 18. 
 
 Nays — N one. 
 
 15 
 
114 Journal of the Senate. 
 
 House Bill No. 56, entitled “ A Bill to consolidate the towns of 
 Moundsville and Elizabethtown, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 65, entitled “ A Bill to provide punishment for 
 the cutting down, injuring or destroying trees or shrubs, ” was 
 read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Duval, Hagar, Hawkins, Kitchen, Slack and 
 Wright— 12. 
 
 Nays — Messrs. Dix, Playmond, Mahon, Maxwell, O’Brien and 
 Peck — 6. 
 
 On motion of Mr. Maxwell, the title to said bill was amended by 
 adding thereto the words “ or taking or destroying any fruit, or 
 garden or farm product. ” 
 
 The bill as amended was then passed. 
 
 House Bill No. 75, “A Bill to transfer certain lands in Ohio 
 county to the Boards of Education in certain townships therein, ” 
 was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and 
 Wright — 19. 
 
 Nays — N one. 
 
 House Bill No. 77, entitled “ A Bill to repeal chapter eight of 
 the acts of 1865, ” was read the third time, and passed with 
 its title 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and 
 Wright — 19. 
 
 Nays — N one. 
 
 House Bill No. 80, entitled “ A Bill to dissolve and close the 
 Branch of the Exchange Bank of Virginia, at Weston, ” was read 
 the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Feck, Price, Slack and Wright — 18. 
 
 Nays — Mr. Maxwell — 1. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back Senate Bill No. 55, entitled “ A Bill to provide counsel for 
 
Journal of the Senate. 115 
 
 the poor, ” with a substitute therefor, entitled “ A Bill to 
 compensate counsel for the poor in criminal cases. ” 
 
 Mr. Maxwell, also reported back Senate Bill No. 25, entitled “ A 
 Bill allowing appeals from the Board of Supervisors in certain 
 cases,” recommending its passage with an amendment, striking 
 out the last section. 
 
 Mr. Maxwell also reported back Senate Bill No. 4, entitled “ A 
 Bill to amend an act passed March 1st, 1865, entitled * An act in 
 relation to the Statutes of Limitation, ’ ” recommending its passage, 
 with an amendment, inserting after the word “proceeding.” in 
 the 2d line of the section as proposed to be re-enacted, the words 
 “ writ of error, supersedeas. ” 
 
 Mr. Maxwell also reported back Senate Bill No. 12, entitled “ A 
 Bill to authorize the Judge of the Ninth Judicial Circuit of West 
 Virginia to fill official vacancies in his circuit, ” recommending its 
 passage. 
 
 Mr. Maxwell also reported .back Senate Bill No. 41, entitled “ A 
 Bill to relieve judgment debtors,” and Senate Bill No. 45, “A 
 Bill to prevent intoxication, ” and Senate Bill No. 59, entitled “ A 
 Bill to amend the license law, ” recommending that they do not pass. 
 
 Mr. Maxwell also reported back Senate Bill No. 17, entitled “ A 
 Bill to admit the testimony of interested parties in civil actions, ” 
 without any recommendation as to its passage, but with an amend- 
 ment, adding a new section as follows: 
 
 “4. This act shall not apply to suits pending at the time of its 
 passage. ” 
 
 Mr. Maxwell also reported back House Bill No. 58, entitled “ A 
 Bill to regulate the registration of voters, ” with a recommenda- 
 tion that it pass ; and he also reported back House Bill No. 102, 
 entitled “A Bill in relation to the Statutes of Limitations,” 
 recommending that it do not pass. 
 
 Mr. Chapline, from the Committee on Banks and Corporations, 
 reported back House Bill No. 90, entitled “ A Bill to amend and 
 re-enact the first section of an act passed February 1st, 1847, 
 entitled ‘ An act to incorporate the male and female academy of 
 Buckhannon,” recommending its passage; and it was read the 
 second time, and ordered to its third reading. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 68, entitled 
 “ A Bill legalizing the acts of John M. Smith, ” and Senate Bill 
 No. 69, entitled “ A Bill to amend and re-enact the 8th and 9th 
 sections of chapter 93 of the acts of 1863, ” which were each read 
 the first time, referred to the Committee on the Judiciary, and their 
 printing dispensed with. 
 
ii6 Journal of the Senate. 
 
 Mr. Kitchen, by leave, introduced Senate Bill No. 70, entitled 
 “ A Bill to prevent suits in certain cases, ” which was read the first 
 time, and referred to the Committee on the Judiciary, and its 
 printing dispensed with. 
 
 On motion of Mr. Chapline, 
 
 Resolved , That the Committee on the Judiciary be requested to 
 inquire into the condition of the Berkeley Springs, and the propri- 
 ety of appointing new Trustees to protect the State’s interest in 
 the said property. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back Senate Bill No. 15, entitled “A Bill to 
 incorporate the Wayne County Coal and Iron Railway Company, ” 
 recommending the adoption of the House of Delegate’s substitute 
 therefor. 
 
 The substitute was agreed to. 
 
 A message from the House of Delegates, by Mr. McWhorter, 
 announced that it was ready to execute the joint order, the celebra- 
 tion of the birthday of Washington, and invited the Senate to the 
 Hall of the House of Delegates. 
 
 Mr. Chapline moved that the Senate proceed in a body to the 
 Hall of the House of Delegates ; and the motion having been 
 agreed to, the Senate proceeded to the House, where the Farewell 
 Address of George Washington was read by Mr. Mairs. 
 
 Subsequently the Senate returned to its chamber, and resumed 
 its business. 
 
 Mr. Burdett, from the Committee on Finance and Claims, 
 reported back House Bill No. 88, entitled “ A Bill for the relief of 
 Francis H. Peirpoint, ” recommending its passage; and it was read 
 the second time, and ordered to its third reading. 
 
 Mr. Burdett also reported back House Bill No. 87, entitled “ A 
 Bill to dispense with the assessment of back taxes in certain 
 counties, ” recommending its passage ; and the bill coming up on 
 its second reading, 
 
 Mr. Maxwell moved that it be amended, by inserting after the 
 word u and,” in the 3d line of the 1st section, the words “ the 
 assessment, ” and by inserting after the word “ the ” in the 7th 
 line of the 2d section, the words “ assessment of the, ” and by 
 striking out of the same line “ have,” and inserting “ has.” 
 
 The said amendments were all adopted. 
 
 Mr. Wright moved to amend the 1st line of the second section, by 
 inserting before the word “ persons ” the word “ loyal,” and 
 before the word “ property,” same line, the word “ their ; ” but 
 the motion was lost. 
 
 The bill was then read the second* time, and ordered to its third 
 reading. 
 
Journal of the Senate. 117 
 
 On motion of Mr. Chapline, the Senate took a recess until 
 half-past two o’clock. 
 
 AFTERNOON SESSION. 
 
 The Senate re-assembled. 
 
 House Bill No. 102, entitled “ A Bill in relation to the Statutes 
 of Limitations, ” which the Committee recommended should not 
 pass, coming up, and the question being upon its second reading, 
 it was decided in the negative. 
 
 So the bill was defeated. 
 
 House Bill No. 58, entitled “A Bill to regulate the registration 
 of voters, ” coming up on its second reading, 
 
 Mr. Peck moved to amend the 3d section by striking out all after 
 the end of the sentence in the 26th line, to the word “ provided ” 
 in the 37th line. 
 
 But pending the consideration of the said amendment, 
 
 On motion of Mr. Price, the bill was laid on the table. 
 
 The Senate then adjourned. 
 
 FRIDAY, February 23, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. 
 Mr. Hervey, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, \ 
 Wheeling , February 22, 1866. J 
 
 The House has this day passed Senate Bill No. 42, “ A Bill to 
 amend section 12 of chapter 80 of the acts of 1865.” 
 
 Senate Bill No. 56, “A Bill in relation to actions of detinue, ” 
 and 
 
 Senate Bill No. 64, “ A Bill in relation to the sixth and seventh 
 judicial circuits and the times for holding the terms of the circuit 
 courts therein, ” has passed 
 
 Senate Bill No. 21, “ A Bill to incorporate the town of Ceredo 
 in the county of Wayne, ” with an amendment striking out of 
 section 1, line 3, the word “ eighty ” and inserting in lieu thereof 
 the word “ forty, ” in which amendment it asks the concurrence of 
 the Senate. 
 
 It has adopted and respectfully asks concurrence in a substitute 
 for 
 
 Senate Bill No. 28, “ A Bill for the establishment and regulation 
 of the West Virginia Agricultural College, ” and have passed and 
 asks concurrence in 
 
 House Bill No. 36, “ A Bill providing for the establishment of a 
 system of free schools, ” and 
 
118 
 
 Journal of the Senate, 
 
 House Bill No. 70, “A Bill to establish and settle a part of the 
 boundary line between the counties of Barbour and Upshur.” 
 
 Wm. P. Hubbard, 
 
 Cleric House of Delegates. 
 
 The amendment proposed by the House "to Senate Bill No. 21, 
 entitled “ A Bill to incorporate the town of Ceredo in the county 
 of Wayne, ” was concurred in by the Senate. 
 
 On motion of Mr. Peck, the House substitute for Senate Bill No. 
 28, “ A Bill for the establishment and regulation of the West 
 Virginia Agricultural College, ” was tabled. 
 
 Said House Bills Nos. 86 and 70, were read the first time, and 
 the first was referred to the Committee on Education, and the 
 second to the Committee on Townships. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back the following bills, with a recommendation that they pass : 
 
 House Bill No. 74, entitled “ A Bill to provide for obtaining 
 grants for lands where the entries are lost or destroyed ; ” 
 
 House Bill No. 93, entitled “ A Bill to establish the eleventh 
 senatorial district out of a part of the tenth ; ” 
 
 House Bill No. 95, entitled “A Bill to change the times of 
 holding the courts in the eighth judicial circuit 
 
 House Bill No. 108, entitled “ A Bill to amend and re-enact the 
 first section of an act entitled ‘ An Act authorizing the present and 
 former sheriffs of Ohio county to pay certain moneys to the treasu- 
 rer of Ritchie and other townships in said county, ’ passed Febru- 
 ary 16, 1865 and 
 
 House Bill No. 110, entitled “ A Bill to amend section 1 of chap- 
 ter 78 of the acts of the General Assembly of Virginia, passed 
 February 18, 1862.” 
 
 The first named bill was amended by striking out of line 37, the 
 word “ cancelled, ” and inserting “ caveated. ” 
 
 Each of said bills was then read the second time, and ordered to 
 be read the third time. 
 
 Mr. Price, from the Committee on Townships, reported back 
 House Bill No. 106, entitled “ A Bill to authorize the Supervisors 
 of Hampshire county to borrow money, ” recommending its pas- 
 sage ; and it was amended by striking out “ten thousand,” and 
 inserting “twenty thousand,” and read the ’second time, and 
 ordered to its third reading. 
 
 Mr. Peck, by leave, introduced Senate Bill No. 71, “A Bill in 
 relation to Justices and the Municipal Courts of Wheeling, ” which 
 was read the first time, and referred to the Committee on the 
 Judiciary. 
 
 Mr. Burley, by leave, introduced Senate Bill No. 72, entitled “ A 
 Bill relating to Insurance Companies not incorporated by this 
 State,” which was read the first time, and referred to the Committee 
 on Banks and Corporations. 
 
119 
 
 Journal of the Senate. 
 
 Mr. Hagar presented the petition of Meredith Wells, of Raleigh 
 county, praying relief on account of damages inflicted by rebels, 
 which was read, and referred to the Committee on Finance and 
 Claims. 
 
 The following bills were read the second time, and ordered to be 
 engrossed : 
 
 Senate Bill No. 65, entitled “ A Bill to provide for the care of 
 the State Law Library. ” 
 
 Senate Bill No. 66, entitled “A Bill in relation to oaths of 
 suitors;” and 
 
 Senate substitute for Senate Bill No. 55, entitled “ A Bill to 
 compensate counsel for the poor in criminal cases, 4 ’ the substitute 
 being first adopted. 
 
 Senate Bill No. 4, entitled “ A Bill to amend an act passed 
 March 1, 1865, entitled 1 An act in relation to the Statutes of Lim- 
 itation, ” coming up on its second reading, the amendment pro- 
 posed bv the Committee was adopted ; the bill read the second 
 time, and ordered to be engrossed. 
 
 Senate Bill No. 12, entitled “ A Bill to authorize the Judge of 
 the Ninth Judicial Circuit of West Virginia to fill official vacancies 
 in his circuit, ” coming up on its second reading, it was amended 
 on motion of Mr. Maxwell, by inserting after the word f< Green- 
 brier, ” in the 8th line, the word 44 Monroe. ” 
 
 The bill was then read the second time, and ordered to be 
 engrossed. 
 
 The following bills the Senate refused to read the second time, 
 the Judiciary Committee having recommended that they do not 
 pass : 
 
 Senate Bill No. 41, entitled “A Bill to relieve judgment debtors 
 
 Senate Bill No. 45. entitled 41 A Bill to prevent intoxication and 
 
 Senate Bill No. 59, entitled 44 A Bill to amend the license law. ” 
 
 The Senate also refused to read the second time, Senate Bill No. 
 17, entitled 44 A Bill to admit testimony of interested parties in 
 civil actions. ” 
 
 The amendment proposed by the Committee to Senate Bill No. 
 25, entitled 44 A Bill allowing appeals from the Board of Supervisors 
 in certain cases,” was adopted. 
 
 And on motion of Mr. Burley, the bill was laid on the table. 
 
 House Bill No. 87, entitled 44 A Bill to dispense with the assess- 
 ment of back taxes in certain counties, ” on its third reading, 
 was amended by the unanimous consent of the Senate, by adding 
 at the end of the first section, the words 44 except that the land of 
 all non-residents, which is situated in any such county, shall be 
 assessed. ” 
 
 The bill was then read the third time, and passed with its title : 
 
120 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price and Slack — 18. 
 
 Nays — Mr. Wright — 1. 
 
 House Bill No. 88, entitled “ A Bill for the relief of Francis H. 
 Peirpoint, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 90, entitled “ A Bill to amend and re-enact the 
 first section of an act passed February 1, 1847, entitled ‘An act to 
 incorporate the male and female academy of Buckhannon, ” was 
 read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, Peck, Price, Slack and Wright — 17. 
 
 Nays — None. , 
 
 On motion of Mr. Chapline, the Senate took a recess until 
 half-past two o’clock, P. M. 
 
 AF'TEBNOON SESSION. 
 
 The Senate re-assembled. 
 
 Mr. Chapline, from the Committee on Banks and Corporations, 
 reported back Senate Bill No. 72, entitled “ A Bill relating to 
 Insurance Companies not incorporated by this State, ” recommend- 
 ing its passage. 
 
 On motion of Mr. Chapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bill put upon its second reading 
 this day. 
 
 But on motion of Mr. Peck, the bill was laid on the table. 
 
 On motion of Mr. Corley, 
 
 House Bill No. 42, entitled “ A Bill to establish a permanent 
 seat of government for the State of West Virginia, ” was taken 
 from the table. 
 
 And the question recurring upon the motion of Mr. Stevenson, 
 pending when the bill was tabled, that the further consideration of 
 the bill be postponed indefinitely, upon which the yeas and nays 
 were ordered, and taken : 
 
 The Yeas were — Messrs. Stevenson, (President,) Chapline, Dix, 
 Duval, Hawkins, Haymond, Mahon, Maxwell, Peck, Price and 
 Slack— 11. 
 
 The Nays were — Messrs. Burdett, Burley, Chambers, Corley, 
 Hagar, Kitchen, O’Brien and Wright — 8. 
 
 So the further consideration of the bill was postponed indefinitely. 
 
121 
 
 Journal of the Senate. 
 
 Mr. Maxwell, by leave, introduced Senate Bill No. 73, entitled 
 “ A Bill to regulate the charges for publishing orders of publica- 
 tion and other notices required in legal proceedings, ” which was 
 read the first time. 
 
 On motion of Mr. Maxwell, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bill read the second time this 
 day, and ordered to be engrossed. 
 
 On motion of Mr. Price, House Bill No. 58, entitled “ A Bill to 
 regulate the registration of voters, ” was taken up. 
 
 The question recurred upon the motion of Mr. Peck, pending 
 •when the bill was tabled, to strike out of the third section all after 
 the end of the sentence in the 26th iine, to the word “ provided, ” 
 in the 37th line. 
 
 But Mr. Maxwell offered as a substitute the following : 
 
 Insert before the word “provided ” in the 37th line, the words : 
 
 “ and shall forthwith notify said applicant in writing, that his name 
 is excluded, assigning briefly the reason therefor. ” 
 
 The substitute was adopted, when Mr. Peck withdrew his motion. 
 
 Mr. Burdett renewed the motion of Mr. Peck, and demanded 
 the yeas and nays thereon, and they were ordered and taken : 
 
 The Yeas were — Messrs. Burdett, Haymond, O’Brien and 
 Price — 4. 
 
 The Nays were — Messrs. Stevenson, (President,) Burley, Cham- # 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, Slack and Wright — 14. 
 
 So the amendment was rejected. 
 
 Mr. Burdett then moved to strike out of the 3d section all after 
 the word “ swear, ” in the 6th line, to the word “ that, ” in the 
 16th line ; but the motion did not prevail. 
 
 On motion of Mr. Maxwell, the following was added at the end 
 of the 3d section : 
 
 “And provided, further, that every person shall be registered 
 who will be entitled to vote at the first election occurring after the 
 registration, by reason of his arriving at twenty-one years of age 
 before that time, or by reason of his having then resided for a 
 sufficient length of time in his election district, provided that he is 
 otherwise qualified according to the provisions of this section. ’’ 
 
 Mr. Maxwell moved that all the bill be re-committed, but the 
 motion was decided in the negative. 
 
 Mr. Burley moved that the bill be made the special order for 
 to-morrow at 101 o’clock, which was agreed to. 
 
 Mr. Peck, by leave, introduced Senate Bill No. 74, entitled “ A 
 Bill to incorporate the Wheeling and Moundsville Turnpike 
 
 16 
 
122 
 
 Journal of the Senate. 
 
 Company. ’’ which was read the first time, its printing dispensed 
 with, and referred to the Committee on Internal Improvements 
 and Navigation. 
 
 On motion of Mr. Burley, 
 
 Resolved , That the Committee on Humane and Criminal Institu- 
 tions inquire into the expediency of reporting a bill to prevent 
 the destruction of game and fish during the summer months. 
 
 On motion of Mr. Maxwell, House Bill No. 15, entitled “ A Bill 
 to provide for the sale of real estate returned delinquent for the 
 non-payment of taxes, ” was taken from the table, on its second 
 reading. 
 
 On motion of Mr. Maxwell, the 22d section was amended by 
 striking out all after the -word “paid,” line 10, to the word 
 “ upon, ” line 15. 
 
 On motion of Mr. Maxwell, the following section was added at 
 the end of the bill : 
 
 “ 33. Lands sold in the year 1865, lor the non-payment of taxes, 
 shall be redeemed according to the provisions of this act, and if 
 not so redeemed, conveyances shall be made to the purchasers 
 thereof, according to the provisions of this act.” 
 
 And pending the further consideration of this bill, 
 
 The Senate adjourned. 
 
 SATURDAY, February 24, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. 
 Mr. Taggart, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, \ 
 Rebruary 23, 1866. / 
 
 The House has this day passed Senate Bill No. 49, “ A Bill 
 changing the times of holding the terms for its civil business of the 
 Municipal Court of Wheeling, ” with the' following amendments 
 in which it asks concurrence : 
 
 1. Strike out all after “ terms ” section “ 13 ” line 4 to the end of 
 line 6 and insert in lieu thereof the words “ eight times in each 
 year, that is to say; on the third Monday of April, June, July, 
 August, September, November, January and February, commencing 
 on the third Monday in April.” 
 
 2. Add at the end of section “ 13 ” the following : 
 
 “ But if any such term be not commenced on the day hereby 
 appointed or the Tuesday or Wednesday next after the same, all 
 suits and proceedings then pending therein shall stand continued 
 without any special order to that effect to the succeeding term.” 
 
Journal of the Senate . 123 
 
 The House has agreed to the amendments proposed by the Senate 
 to 
 
 House Bill No. 56, “ A Bill to consolidate the towns of Mounds- 
 ville and Elizabethtown.” 
 
 House Bill No. 65, “ A Bill to provide punishment for the cutting 
 down, injuring or destroying trees or shrubs.” 
 
 House Bill No. 77, “ A Bill to repeal chapter 8 of the acts of 
 1865,” and 
 
 House Bill No. 80, “A Bill to dissolve and close the Branch of 
 the Exchange Bank of Virginia, at Weston,” 
 
 Insists on its second amendment to the substitute proposed by 
 the Senate for House Bill No. 59, “A Bill to prevent further taxa- 
 tion of soldiers property for bounty purposes, ” and requests a 
 committee of conference thereon, Messrs. Hagans, Curtis and 
 Witcher being appointed on such committee on the part of the 
 House. 
 
 The House has passed and respectfully asks the concurrence of 
 the Senate in 
 
 House Bill No. 38, “ A Bill for the relief of John D. Payne.” 
 House Bill No. 82, “ A Bill amending the charter of the town of 
 Grafton.” 
 
 House Bill No. 100, “ A Bill for the relief of the securities of 
 William Grass late sheriff' of Putnam county.” 
 
 House Bill No. 119, “ A Bill to amend and re-enact the 6th and 
 8th sections of an act to incorporate the town of St. Mary in the 
 county of Wood, and for other purposes.” 
 
 House Bill No. 123, “ A Bill to amend an act to incorporate the 
 town of Piedmont in the county of Mineral (late Hampshire.)” 
 House Bill No. 125, “ A Bill to incorporate the Potomac and 
 Piedmont Coal and Pailway Company.” 
 
 House Bill No. 126, “ A Bill to incorporate the West Virginia 
 Agricultural Society.” 
 
 House Bill No. 129, “ A Bill supplemental to the act establishing 
 the county of Grant.” 
 
 House Bill No. 134, “A Bill to authorize the Board of Public 
 Works to audit claims against the State of Virginia.” 
 
 House Bill No. 130, “A Bill for the relief of Home Guards,” 
 and 
 
 House Bill No. 135, “ A Bill to regulate the summoning of 
 jurors.” 
 
 Wm. P. Hubbard, 
 Cleric House of Delegates . 
 
 On motion of Mr. Peck, the Senate concurred in the amendments 
 proposed by the House to said Senate Bill No. 49; and it insisted 
 on its disagreement to the 2d amendment proposed by the House 
 to the Senate Substitute for House Bill No. 59, entitled “‘A Bill to 
 prevent further taxation of soldiers property for county purposes 
 
124 
 
 Journal of the Senate. 
 
 agreed to the appountment of a conference committee thereon, and 
 appointed on the part of the Senate Messrs. Duval and Mahon. 
 
 Said House Bills were read the first time, and No. 38, 100 and 
 134 referred to the Committee on Finance and Claims; No. 82, 119, 
 123 and 126 to the Committee on Banks and Corporations ; No. 129 
 was referred to the Committee on Townships; No. 130 to the Com- 
 mittee on Military Affairs; No. 135 to the Judiciary; and 125 to 
 the Committee on Internal Improvements and Navigation. 
 
 Mr. Burdett, from the Committee on Finance and Claims, report- 
 ed back the following bills recommending their passage : 
 
 House Bill No. 32, entitled “ A Bill making an appropriation to 
 Robertson Cook ;” 
 
 House Bill No. 73, entitled “A Bill to relieve the securities of 
 Joshua H. Staats late sheriff of Jackson county;” 
 
 House Bill No. 107, entitled “A Bill for the relief of Amos 
 Samples of Upshur county;” 
 
 House Bill No. Ill, entitled “A Bill concerning the fiscal year;’ 
 and 
 
 House Bill No. 121, entitled “A Bill for the relief of John B. 
 Baumgardner.” 
 
 Mr. Price, from the Committee on Townships, reported back 
 
 House Bill No. 92, entitled “ A Bill supplemental to the act 
 establishing the county of Mineral,” recommending its passage . 
 and 
 
 House Bill No. GO, entitled “ A Bill removing the county seat of 
 Calhoun county, ” recommending that it do not pass. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back 
 
 House Bill No. 116, entitled “ A Bill to provide for the repair of 
 the Roads and Bridges throughout the State, ” with a recommenda- 
 tion that it pass, with the following amendment : 
 
 Insert after the word “ state, ” near the end of the bill the words 
 “ the Kanawha turnpike and the Northwestern Virginia turnpike.” 
 
 Mr. Burley, also reported back Senate Bill No. 74, entitled “ A 
 Bill to incorporate the Wheeling and Moundsville turnpike Com- 
 pany, ” recommending its passage. 
 
 Mr. Chapline, from the Corfnnittee on Banks and Corporations^ 
 reported 'back House Bill No. 122, entitled “ A Bill to authorize 
 the board of trustees of the Presbyterian Church of Buckhannon to 
 sell a certain lot, ” and House Bill No. 124, entitled “ A Bill to 
 repeal a part of section 2, of chapter 58 of the code of Virginia, ” 
 recommending their passage. 
 
 Mr. Dix, from the Committee on Education, reported back House 
 Bill No. 36, entitled “ A Bill providing for the establishment of a 
 
Journal of tlie Senate . 125 
 
 system of Free Schools, ” recommending its passage with the follow- 
 ing amendments : 
 
 1. Strike out of line 8, section 15, the words “ inhabitants of. ” 
 
 2. In section 30, line 1, strike out “ fourth Thursday of October ” 
 and insert “day of annual township election, ” and in line 5, strike 
 out “ November, ” and insert “ June.” 
 
 Mr. O’Brien, presented three petitions praying the passage of a 
 prohibitory liquor law, which were read and referred to the Com- 
 mittee on the Judiciary. 
 
 The hour of ten and a half o’clock, having arrived, the special 
 order, that being the consideration of House Bill No. 58, “ A Bill 
 to regulate the Registration of voters, ” was taken up. 
 
 Mr. Slack offered the following amendments, which were adopted : 
 
 1. Strike out of section 3, line 3, the words “in addition thereto,” 
 and insert in lieu thereof “ if he has any doubt as to such persons 
 loyalty, he ” 
 
 2. Strike out of the 3d section all after the end of the sentence 
 in the 26th line, to the word “provided ” in the 37th line, includ- 
 ing the amendment inserted yesterday, before the word “ provided,” 
 and insert at the end of the 8th section the following : “ It shall be 
 the duty of the county board of Registration to examine such book, 
 and if they are satisfied that any person has been registered, who 
 has been guilty of any of the acts enumerated in the affidavit con- 
 tained in the third section of this act or is in any way disqualified 
 to vote under the provisions thereof, it shall be the duty of the 
 said board, upon proof of any such act or disqualification, to exclude 
 the name of such person from the list of registered voters. But 
 the party whose name is proposed to be excluded, shall have due 
 notice of the time and place of taking the evidence to prove his 
 disqualification, which evidence he shall have the right to rebut 
 and shall have his name restored to such list if improperly stricken 
 therefrom.” 
 
 3. Strike out of the 7th line of the 5th section (engrossed bill) 
 the word “ twentieth, 7 and insert “ fourteenth.” 
 
 4. Strike out of the 1st line of section 8, the words “ within the” 
 and insert “ at least ” and make the- same amendment in the 2d 
 line of the same section, and strike out of the last two lines of said 
 section the words “ before seven o’clock on the morning of the elec- 
 tion.” 
 
 The bill was then read the second time and ordered to its third 
 reading. 
 
 On motion of Mr. Burley, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, the bill read this day the third time, 
 and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, Mahon, Price, 
 Slack and Wright — 14. 
 
126 
 
 Journal of the Senate. 
 
 Nays — Messrs. Burdett, Haymond, O’Brien and Peck. — 4. 
 
 On motion of Mr. Mahon, the Senate took a recess until half 
 past two o’clock. 
 
 AFTERNOON SESSION. 
 
 The Senate re-assembled. 
 
 Senate Bill No. 4, entitled “ A Bill to amend an act passed March 
 1st, 1865, entitled ‘An Act in relation to the Statutes of limita- 
 tions,’ ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Dix, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 O’Brien, Peck and Price. — 14. 
 
 Nays — N one. 
 
 Senate Bill No. 12, “ A Bill to authorize the Judge of the Ninth 
 Judicial Circuit of West Virginia to fill official vacancies in his 
 Circuit, was read the third time, and passed with its title : 
 
 Yeas— Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Dix, Hagar, Hawkins, Haymond, Kitchen,. Mahon, 
 O’Brien, Peck, Price and Slack — 15. 
 
 Nays — N one. 
 
 Senate Bill No. 65, entitled “A Bill to provide for the care of 
 the State law library,” was read the third time, and passed with 
 its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Dix, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 O’Brien, Peck, Price and Slack — 15. 
 
 Nays — N one. 
 
 Senate Bill No. 55, entitled “ A Bill to compensate counsel for 
 the poor in criminal cases, ” was read the third time, and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Dix, Hagar, Hawkins, Haymond, Kitchen, Mahon 
 O’Brien, Peck Price and Slack — 15. 
 
 Nays — N one. 
 
 Senate Bill No. 66, entitled “ A Bill in relation to oaths of 
 suitors, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Dix, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 O’Brien, Peck, Price and Slack — 15. 
 
 Nays — Mr. Corley — 1. 
 
 Senate Bill No. 73, entitled “ A Bill to regulate the charges for 
 publishing orders of publication and other notices required in legal 
 proceedings, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Dix, Hagar, Hawkins, Haymond, Kitchen, Mahon, 
 O’Brien, Peck and Price — 14. 
 
 Nays — N one. 
 
127 
 
 Journal of the Senate. 
 
 House Bill No. 74, “A Bill to provide for obtaining Grants for 
 Lands where the entries are lost or destroyed, ” was read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Havmond, Kitchen, 
 Mahon, O’Brien, Peck, Price and Slack — 16. 
 
 Nays — N one. 
 
 House Bill No. 93, “ A Bill to establish the eleventh Senatorial 
 district out of a part of the tenth, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price and Slack — 16. 
 
 Nays — N one. 
 
 House Bill No. 95, “ A Bill to change the times of holding the 
 courts in the eighth Judicial circuit, ” was read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 106, “ A Bill to authorize the board of Supervi- 
 sors of Hampshire county to borrow money, ” was read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Kitchen, Mahon, 
 O’Brien, Peck, Price, Slack and Wright — 16. 
 
 Nays — Mr. Haymond — 1. 
 
 House Bill No. 110, “ A Bill to amend section 1 of chapter 78 of 
 the acts of the General Assembly of Virginia, passed February 13 } 
 1862, ” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price, and Slack — 16. 
 
 Nays — None. 
 
 House Bill No. 108, “ A Bill to amend and re-enact the first sec- 
 tion of an act entitled ‘An Act authorizing the present and former 
 Sheriffs of Ohio county to pay certain moneys to the Treasurers of 
 Ritchie and other townships in said county,’ passed February 16, 
 1865,” was read the third time and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
128 
 
 Journal of the Senate. 
 
 House Bill No. 32, “ A Bill making an appropriation to Robert- 
 son Cook,” was read the second time, and ordered to its third 
 reading. 
 
 House Bill No. 73, “A Bill to relieve the securities of Joshua 
 H. Staats, late Sheriff’ of Jackson county, and his sureties,” was 
 read the second time, and ordered to its third reading. 
 
 On motion of Mr. Hawkins, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose and said bill read this day the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 92, “ A Bill supplemental to the Act establishing 
 the county of Mineral,” was read the second time, and ordered to 
 its third reading. 
 
 On motion of Mr. Chapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the third time and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 122, “A Bill to authorize the board of trustees 
 of the Presbyterian Church of Buckhannon to sell a certain lot,” 
 was laid on the table, on motion of Mr. O’Brien. 
 
 House Bill No. 107, “ A Bill for the relief of Amos Samples, of 
 Upshur county 
 
 House Bill No. Ill, “ A Bill concerning the fiscal year 
 
 House Bill No. 121, “ A Bill for the relief of John B. Bumgard- 
 ner,” and 
 
 House Bill No. 124, “A Bill to repeal. a part of section 2, of 
 chapter 58, of the Code of Virginia,” were read the second time 
 and ordered to their third reading. 
 
 The amendment proposed by the committee to House Bill No. 
 116, “ A Bill to provide for the repair of the roads and bridges 
 throughout the State,” was adopted, the bill read the second time, 
 and ordered to its third reading. 
 
 House Bill No. 60, “A Bill removing the county seat of Calhoun 
 county,” coming up on its second reading, the Senate refused to 
 read it the second time, the committee having recommended that 
 it do not pass. 
 
 So the bill was defeated. 
 
129 
 
 Journal of the Senate. 
 
 The amendments proposed by the committee to House Bill No. 
 36, “A Bill providing for the establishment of system of Free 
 Schools,” were adopted, the bill read the second time, and ordered 
 to its third reading. 
 
 On motion of Mr. Ohapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read this day the third time 
 and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Hagar, Hawkins, Kitchen, Mahon, Peck, Price, 
 Slack and Wright — 14. 
 
 Nays — Messrs. Burdett, Haymond and O’Brien — 3. 
 
 Senate Bill No. 74, “A Bill to incorporate the Wheeling and 
 Moundsville Turnpike Company,” was read the second time, and 
 ordered to be engrossed; and being forthwith engrossed, 
 
 On motion of Mr. Burley, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the third time, and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 On motion of Mr. Burley, Senate Bill No. 72, “A Bill relating to 
 Insurance Companies not incorporated by this State,” was taken 
 * from the table, read the second time, and ordered to be engrossed ; 
 and being forthwith engrossed, 
 
 On motion of Mr. Burley, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the third time, and passed 
 with its title. 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Price, Slack and Wright — 16. 
 
 Nays — Mr. Peck — 1. 
 
 The Senate then adjourned. 
 
 . MONDAY, February 26, 1866. 
 
 The Senate met at the usual hour, and was opened with prayer by 
 Rev. Mr. Brockunier, after which the journal of Saturday was 
 read and approved. 
 
 17 
 
130 Journal of the Senate. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, ) 
 Wheeling , Leb. 24, 1866. / 
 
 The House has this day passed Senate Bill No. 54, “ A Bill for 
 the relief of the Overseers of the Poor of the county of Brooke, ” 
 and agreed to the amendments proposed by the Senate to House 
 Bill No. 87, “ A Bill to. dispense with the assessment of back taxes 
 in certain counties; ” for Senate Bill No. 39, “ A Bill constituting 
 the bank of certain streams in Morgan county a lawful fence, ” it 
 has adopted a substitute, entitled “ A Bill constituting the bank of 
 the Potomac River in Morgan county a lawful fence, ” in which it 
 asks the concurrence of the Senate, and it has passed and asks con- 
 currence in House Bill No. 109, “ A Bill to provide for the payment 
 of certain military claims therein mentioned. ” 
 
 Wm. P. Hubbard, 
 Clerk House of Delegates. 
 
 The Senate adopted the House substitute for Senate Bill No. 39, 
 named in said communication, and said House Bill No. 109, was 
 read the first time, and referred to the Committee on Military 
 Affairs. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back House Bill No. 8, “A Bill to amend the law relating to 
 the maintenance of illegitimate children, ” House Bill No. 9, “ A 
 Bill to amend the law in relation to the competency of witnesses, ” 
 House Bill No. 52, “ A Bill to amend and re-enact the 1st section 
 of chapter 5 of the acts of 1864, ” and House Bill No. 53, “ A Bill 
 to amend and re-enact a part of the first section of chapter 20 of 
 the acts of the General Assembly of Virginia, passed at Richmond 
 in 1861,” Senate Bill No. 71, “A Bill in relation to Justices and 
 the Municipal Court of Wheeling ; ” and Senate Bill No. 9, “ A 
 Bill in relation to certain deeds in Monroe county, ” with a 
 
 M 
 
 substitute therefor, with the same title. 
 
 Mr. Maxwell, from the same Committee, reported Senate Bill 
 No. 75, “ A Bill in relation to the undetermined cases in the 
 Supreme Court of Appeals of Virginia, belonging to this State. ” 
 Mr. Maxwell also reported Senate Joint Resolution No. 11. 
 Resolved , by the Legislature of West Virginia ■: 
 
 That Henry Berry, Charles Boarman, John T. Siler, Aaron Bech- 
 tol, Thomas Tritterpoo, Wm. H. Baker, B. M. Kitchen, Wm. 
 Waugh, Joseph S. Wheat, Henry Buzzard, James W. Robinson, A. 
 R. McQuilkin, Wm. Smith of Tuscarora, George Koonce, Joseph 
 A. Ohapline, J. S. McKevitts and James D. Fayman, be and are 
 hereby appointed Trustees of the Berkeley Springs situated in 
 Morgan county. 
 
 The resolution lies over one day. 
 
131 
 
 Journal of the Senate. 
 
 Mr. Burdett, from the Committee on Military Affairs, reported 
 back House Bill No. 130, “ A Bill for the relief of Home Guards, ” 
 recommending its passage. 
 
 Mr. Burdett, from the Committee on Finance and Claims, report- 
 ed adversely upon the claim of Meredith Wells. The report was 
 adopted. 
 
 Mr. Price, from the Committee on Enrolled bills, reported that 
 the Committee had examined the following bills and joint resolu- 
 tions, and found them correctly enrolled : 
 
 An act to amend and re-enact sections 3d and 4th of chapter 102 
 of the Code of Virginia, second edition. 
 
 An act legalizing the payment of money by Superintendents of 
 schools to trustees of counties for the use of free schools. 
 
 An act amending section 44 of chapter 100 of the acts of 1863. 
 
 An act to extend the time allowed the civil officers of the 
 counties of Pendleton, Hardy and McDowell in which to qualify 
 and give bond. 
 
 An act for the relief of James A. Ewing. 
 
 An act to authorize the release of mortgages, deeds of trust, and 
 other recorded liens. 
 
 An act establishing the county of Mineral out of a part of the 
 county of Hampshire. 
 
 An act to amend and re-enact section 16 of chapter 184, Code of 
 Virginia, second edition. 
 
 An act to amend .an act entitled “ An act creating a board for 
 the examination of certain military claims, ” passed February 25th, 
 1865. 
 
 An act to amend and re-enact section 64 of chapter 100 of the 
 acts of 1863. 
 
 An act to amend the charter of the town of Clarksburg. 
 
 An act to protect State and local bounties for volunteers in the 
 service of the United States and this State, against attachment and 
 levy for debt. 
 
 An act' to authorize the sale of a lot in or near the town of 
 Martinsburg. 
 
 An act to amend and re-enact the first section of an act entitled 
 “ An act providing for issuing grants for lands in certain cases, ” 
 passed December 9, 1863. 
 
 An act to amend and re-enact section 36, chapter 176, Code of 
 Virginia, second edition. 
 
 An act amending the charter of the town of Triadelphia, in the 
 county of Ohio. 
 
 An act appropriating six hundred dollars to William Alexander. 
 
132 
 
 Journal of the Senate. 
 
 An act to enable the council of the city of Parkersburg to change 
 the name of the streets thereof. 
 
 An act making an appropriation to the West Virginia Hospital 
 for the Insane. 
 
 An act for the relief of William E. Lyon. 
 
 An act to regulate ijie salary of the Reporter of the Supreme 
 Court of Appeals. 
 
 An act to incorporate the Wheeling Iron Works and Glenn’s 
 Run Turnpike Company. 
 
 An act to alter the terms of the circuit courts of the ninth 
 circuit. 
 
 An act to legalize marriages celebrated during the rebellion. 
 
 An act to repeal the act giving the courts of Doddridge and 
 Ritchie jurisdiction in cases arising in Gilmer or Calhoun. 
 
 An act to amend section 34of chapter 118 of the acts of 1863. 
 
 An act prescribing how the general school funds shall be appro- 
 priated to certain counties in the year 1866. 
 
 An act amending section 94, chapter 118 of the acts of 1863. 
 
 An act establishing the county of Grant out of a part of the 
 county of Hardy. 
 
 An act in relation to the oaths of attorneys at law. 
 
 An act securing liens to mechanics, laborers and others. 
 
 An act permanently locating the county seat of Jefferson county 
 at Shepherdstown. 
 
 An act to amend the 21st section of chapter 131, of the acts of 
 1863. 
 
 An act to protect literary societies, and other meetings convened 
 for social amusement. 
 
 An act to change the number of Adelphi Lodge of the Inde- 
 pendent Order of Odd Fellows in the town of Clarksburg. 
 
 An act to authorize the city council of Parkersburg to change 
 the location of one of its streets. 
 
 An act extending the charter of the White Sulphur and Sweet 
 Springs Turnpike road. 
 
 An act constituting a certain part of the bank of the Ohio River 
 within Jackson county a lawful fence. 
 
 An act making an appropriation for the Antietam National 
 Cemetery, near Sharpsburg, Maryland. 
 
 An act better to provide for the distribution of the acts. 
 
 No. 1. — A Joint Resolution in reference to printing the 
 Governor’s message. 
 
 No. 2. — A Joint Resolution referring the documents accompanying 
 the Governor’s message. 
 
133 
 
 Journal of the Senate. 
 
 No. 3. — A Joint Resolution requesting the members of Congress 
 from this State to urge the consent of Congress to the transfer of 
 the counties of Berkeley and Jefferson to this State. 
 
 No. 4. — Joint Resolution fixing a time for the election of Public 
 Printer. 
 
 No. 5. — Joint Resolution relating to the passage of a law by Con- 
 gress granting lands to the State of West Virginia to aid in the 
 construction of certain Railroads. 
 
 No. 6. — Joint Resolution authorizing the Governor to employ an 
 agent to visit the Lunatic Asylum in Virginia. 
 
 No. 7. — Joint Resolution providing for restoring the Statue of 
 George Washington to the State of Virginia. 
 
 No. 8. — Joint Resolution requesting the members of Congress 
 from this State to secure the aid of the United States in repairing 
 roads and bridges injured during thevwar. 
 
 No. 9. — Joint Resolution relating to printing the documents 
 accompanying the Governor’s message. 
 
 No. 10. — A Joint Resolution providing a guard for the State 
 c'onvicts in the jail of Ohio county. 
 
 No. 11. — A Joint Resolution providing medals of honor for West 
 Virginia soldiers. 
 
 No. 12. — A Joint Resolution relating to the Reciprocity Treaty 
 with England. 
 
 No. 13. — A Joint Resolution agreeing to the proposed amendment 
 to the State constitution. 
 
 The report was adopted. 
 
 Mr. Chapline, from the Committee on Banks and Corporations, 
 reported back the following bills, recommending their passage : 
 
 Plouse Bill No. 123, “ A Bill to amend an act to incorporate the 
 town of Piedmont, in the county of Mineral, (late Hampshire, ”) 
 
 House Bill No. 82, “ A Bill amending the charter of the town of 
 Grafton, ” 
 
 House Bill No. 119, “ A Bill to amend and re-enact the 6th and 
 8th sections of an act to incorporate the town of St. Mary in the 
 county of Wood, and for other purposes, ” and 
 
 House Bill No. 126, “ A Bill to incorporate the West Virginia 
 Agricultural Society, ” with an amendment, striking out all after 
 “ Wheeling, ” in the 4th line of the 3d section. 
 
 Mr. Peck presented a resolution of the City Council of Wheel- 
 ing remonstrating against the grant to the Wheeling skating park 
 of any right to close or acquire possession of any of the streets or 
 alleys of the city of Wheeling. 
 
 The resolution was laid on the table. 
 
134 
 
 Journal of the Senate. 
 
 Mr. Slack presented the petition of Miss Susan L. McFarland 
 and one hundred and forty other ladies of Kanawha county, pray- 
 ing the passage of a prohibitory liquor law, which was referred to 
 the Committee on the Judiciary. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back, with a recommendation that it pass, 
 House Bill No. 125, “ A Bill to incorporate the Potomac and Pied- 
 mont Coal and Iron Railroad Company.” The bill was read the 
 second time, and ordered so be read the third time. 
 
 On motion of Mr. Maxwell, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bill read the third time and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Pe<jfk, Slack and Wright — 17. 
 
 Nays — N one. 
 
 Mr. Chapline, by leave, introduced Senate Bill No. 76, “ A Bill 
 for the relief of citizens of Morgan county,” which was read the 
 first time, and referred to the Committee on Finance and Claims. 
 
 Mr. Hawkins offered Senate Joint Resolution No. 12, as follows : 
 Resolved by the Legislature of West Virginia : 
 
 That the Governor shall appoint three disinterested persons as 
 Commissioners, one from each Congressional district, whose duty it 
 shall be, after first being sworn for that purpose, to examine the 
 various proposed locations for a permanent seat of government, as 
 to their geographical position, means of access, quantities of build- 
 ing material, the relation of each to the population and business 
 of the State, and such other facts connected therewith as in their 
 judgment will enable the Legislature to fix upon a proper place 
 for the Capitol of the State, and report the result of their invest- 
 igations to the next Legislature at the opening of its -session. 
 
 The rule was suspended, and the resolution taken up. 
 
 Mr. Chambers moved so to amend as to elect two Commissioners 
 from each Congressional district, and one from the State at large ; 
 but the motion was lost. 
 
 Mr. Corley moved that one be elected from each Senatorial 
 district, but this motion also failed. 
 
 On motion of Mr. Haymond, the word “ Governor” was stricken 
 out, and the words “ Legislature at the present session,” inserted. 
 
 On motion of Mr. Maxwell, the words “ and residing as remotely 
 from the centre of the State as may be,” were inserted after the 
 word “ district.” 
 
 The resolution was then adopted. 
 
135 
 
 Journal of the Senate. 
 
 House Bill No. 15, “ A Bill to provide for the sale of real estate 
 returned delinquent for the non-payment of taxes,” the unfinished 
 business of Friday last, which was accidentally overlooked on 
 Saturday, coming up, 
 
 On motion of Mr. Burley, the first section was amended by 
 adding at the end thereof, the words, “ The interest mentioned in 
 this section shall not be charged on any tax on land not returned 
 delinquent.” 
 
 The bill was then read the second time, and ordered to its third 
 reading. 
 
 On motion of Mr. Burley, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bill was read the third time, 
 and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Mahon, Maxwell, O’Brien, Peck, Slack and Wright — 16. 
 
 Nays — None. 
 
 House Bill No. 32, Bill making an appropriation to Robert- 
 son Cook,” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Slack and Wright — 16. 
 
 Nays — N one. 
 
 House Bill No. 107, “A Bill for the -relief of Amos Samples of 
 Upshur county,” was read the third time, and passed with its title: 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Mahon, 
 Maxwell, O’Brien, Peck, Slack and Wright — 16. 
 
 Nays — N one. 
 
 House Bill No. Ill, “ A Bill concerning the fiscal year,” was 
 read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, 'Hawkins, Haymond, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House Bill No. 116, “ A Bill to provide for the repair of the 
 roads and bridges throughout the State,” was amended, by unani- 
 mous consent of the Senate, on motion of Mr. Chapline, by adding 
 at the end of the bill the words “ Provided that this act shall not 
 apply to the Maryland and Virginia Bridge Company,” read the 
 third time, and passed with its title : 
 
136 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Burdett, Burley, Chambers, Chapline, Corley, 
 Dix, Hagar, Hawkins, Ilaymond, Kitchen, Mahon, O'Brien, Peck, 
 Slack and Wright — 15. 
 
 Nays — Messrs. Stevenson, (President,) and Maxwell — 2. 
 
 House Bill No. 121, "A Bill for the relief of John B. Baumgard- 
 ner,” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Slack and Wright — 16. 
 
 Nays — N one. 
 
 House Bill No. 124, “A Bill to repeal a part of section 2 of chapter 
 58 of the Code of Virginia,” was read the third time, and passed 
 witk its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Furley, Cham- 
 bers, Chapline, Corley, Dix, Hager, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Slack and Wright — 16. 
 
 Nays— N one. 
 
 House Bill No. 8, " A Bill to amend the law relating to the main- 
 tenance of illegitimate children,” was laid on the table, on motion 
 of Mr. Chapline. ^ 
 
 On motion of Mr. Maxwell, the Senate took a recess until half 
 past two o’clock. 
 
 afternoon session. 
 
 The Senate re-assembled. 
 
 House Bill No. 9, “A Bill to amend the law in relation to the 
 competency of witnesses,” was read the second time, and ordered to 
 its third reading. 
 
 House Bill No. 52, "A Bill to amend and re-enact the 1st section 
 of chapter 5 of the Acts of 1864,” was read the second time, and 
 ordered to its third reading. 
 
 Blouse Bill No. 53, “A Bill to amend and re-enact a part of the 
 1st section of chapter 20 of the Acts of the General Assembly of 
 Virginia, passed at Richmond in 1861,” was amended on motion of 
 Mr. Hawkins, by striking out of the 7th line "thirty,” and inserting 
 "sixty,” and by inserting after "minister,” in the 6th line, the 
 words "or other person.” The bill was read the second time, and 
 ordered to its third reading. 
 
 House Bill No. 119, "A Bill to amend and re-enact the 6th and 
 8th sections of an Act to incorporate the town of St. Mary, in the 
 county of Wood, and for other purposes,” was read the second time 
 and ordered to its third reading. 
 
 House Bill No. 82, "A Bill amending the charter of the town of 
 Grafton,” was amended on motion of Mr. Burdett, by striking out 
 
Journal of the Senate. 137 
 
 of the 5th line of the 1st section, the words “with said road and 
 line,’’ and inserting in lieu thereof the words “but excluding the 
 property of John K. Knotts.” The bill was then read the second 
 time, and ordered to its third reading. 
 
 House Bill No. 123, “A Bill to amend an Act to incorporate the 
 town of Piedmont, in the county of Mineral, (late Hampshire,”) 
 was read the second time, and ordered to its third reading. 
 
 House Bill No. 126, “A Bill to incorporate the West Virginia 
 Agricultural Society,” was amended on motion of Mr. Stevenson, 
 (Mr. Chapline in the chair,) — the amendment of the committee 
 having been rejected — by striking out of the 6th line of the 1st 
 section the words “West Virginia,” and, on motion of Mr. Burley, 
 by inserting in the blank the words “North West Virginia.” 
 
 The bill was then read the second time, and ordered to be read 
 the third time. 
 
 On motion of Mr. Peck, the case being urgent, and three-fourths 
 of the members present consenting thereto, the rule was suspended 
 for the purpose, and said bill read the third time, and passed with 
 its title ; 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymona, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Slack and Wright — 17. 
 
 Nays — N one. 
 
 House'Bill No. 130, “A Bill for the relief of Home Guards,” was 
 amended on motion of Mr. Peck, by striking out all after the 
 enacting clause, and inserting the following: 
 
 1. No suit or action shall be maintained in the courts of this 
 State against any person for any act done in the suppresson of the 
 late rebellion; and it shall be a sufficient defense to such suit or 
 action, to show that such act was done in obedience to the orders, 
 or by the authority of any civil or military officer of this State, of 
 the reorganized government of Virginia, or the Government of the 
 United States; or that said act was done in aid of the purposes 
 and policy of said authorities, in retarding, checking and suppress- 
 ing the late rebellion. 
 
 On motion of Mr: Burley, the said bill was further amended by 
 adding the following additional section : 
 
 2. All suits brought, or that may hereafter be brought, against 
 the. State or Home Guards to recover back the sum or sums collected 
 as aforesaid, and paid to the parties robbed as aforesaid, shall be 
 dismissed at the plaintiffs cost. 
 
 The bill was then read the second time, and ordered to its third 
 reading. 
 
 On motion of Mr. Chapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 18 
 
138 Journal of the Senate. 
 
 suspended for the purpose, and said bill read the third time, and 
 passed : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Hagar, Hawkins, Kitchen, Mahon, Peck, Price and 
 Slack— 12. 
 
 Nays — Messrs. Burdett, Dix, Haymond and O’Brien — 4. 
 
 The title was amended on motion of Mr. Chapline, by inserting 
 after the word “of’ the words “State and,” and, as amended, the 
 title was passed. 
 
 Senate Bill No. 75, “A Bill in relation to the undetermined cases 
 in the Supreme Court of Appeals of Virginia, belonging to this 
 State,” was read the first time. 
 
 On motion of Mr. Peck, the case being urgent, and three-fourths 
 of the members present consenting thereto, the rule was suspended 
 for the purpose, the bill read the second time this day, and ordered 
 to be engrossed, and being forthwith engrossed, on motion of the 
 same gentleman, the rule was again suspended, the bill read the 
 third time this day, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O'Brien, Peck, Price, and Slack — 16. 
 
 Nays — N one. 
 
 Senate Bill No. 71, “A Bill in relation to justices and the muni- 
 cipal court of Wheeling,” was read the second time, and ordered to 
 be engrossed; and being forthwith engrossed, 
 
 On motion of Mr. Peck, the case being urgent, and three-fourths 
 of the members present consenting thereto, the rule was suspended 
 for the purpose, the bill was read the third time, and passed with 
 its title : 
 
 • Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price and Slack — 16. 
 
 Nays — N one. 
 
 The substitute for Senate Bill No. 9, “A Bill in relation to cer- 
 tain deeds in Monroe county,” was adopted, the bill read the second 
 time, -and ordered to be engrossed; and being forthwith engrossed, 
 
 On motion of Mr. Peck, the case being urgent, and three-fourths 
 of the members present consenting thereto, the rule was suspended 
 for the purpose, the bill read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Dix, Hagar, Hawkins, Haymond, Kitchen, Mahon, O’Brien, 
 Peck, Price and Slack — 14. 
 
 Nays — Messrs. Burdett and Corley.— ^2. 
 
139 
 
 Journal of the Senate. 
 
 A message from the House of Delegates by Mr. Hinkle, announced 
 that the House had passed and asked concurrence in House Bill 
 No. 158, “A Bill in relation to the Statutes of Limitation,” and the 
 bill was read the first time, and referred to the Committee on the 
 Judiciary. 
 
 On motion of Mr. Chambers, Senate Bill No. 20, “A Bill to 
 amend the charter of the West Virginia Central Railway Company,” 
 was taken up, and made the special order for to-morrow at 11 
 o’clock. 
 
 On motion of Mr. Corley, Senate Bill No. 28, “A Bill for the 
 establishment of the West Virginia Agricultural College,” was 
 taken up, and the substitute adopted by the House, disagreed to. 
 
 On motion of Mr. Maxwell, House Bill No. 79, “A Bill to charter 
 a road in Gilmer, Ritchie and Tyler counties,” was taken from the 
 table, read the second time, and ordered to its third reading. 
 
 On motion of Mr. O’Brien, House Bill No. 122, “A Bill to author- 
 ize the board of trustees of the Presbyterian Church of Buckhannon 
 to sell a certain lot,” was taken from the table, read the second 
 time, and ordered to its third reading. 
 
 The Senate then adjourned. 
 
 TUESDAY, February 27, 1866. 
 
 The Senate met at the usual hour, and after prayer by Rev. 
 Mr. Hervey, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, \ 
 February 26, 1866. J 
 
 The House has this day agreed to the amendments proposed by 
 the Senate to House Bill No. 36, “A Bill to provide for the estab- 
 lishment of a system of Free Schools,” 
 
 House Bill No. 58, “A Bill to regulate the registration of voter's,” 
 House Bill No. 74, “A Bill providing for obtaining grants for 
 lands where the entries are lost or destroyed,” and 
 
 House Bill No. 106, “A Bill to authorize the Board of Supervi- 
 sors of Hampshire county to borrow money,” 
 
 It has passed Senate Bill No. 50, “A Bill for the benefit of mar- 
 ried women in insuring the lives of their husbands,” and has passed 
 Senate Bill No. 40, “A Bill to authorize Adam Kuhn and others 
 to sink a coal shaft in the town of Wellsburg, and for other pur- 
 poses,” with the following amendments, in which it respectfully 
 asks the concurrence of the Senate : 
 
 1. Insert as section 4, changing the number of the present sec- 
 tion 4 to 5, the following : 
 
140 
 
 Journal of the Senate. 
 
 “4. The aforesaid Adam Kuhn, John Tweed and Samuel George, 
 and such others as they may associate with them, and their legal 
 representatives, shall, in legal manner, constitute some person their 
 attorney, with full powers to comply with the provisions of this 
 section, who shall, within ten days after the first day of January, 
 April, July and October of each year, make a report under oath 
 to the auditor of this State, of the quantity of coal mined within 
 the territory named in the first section of this act, and shall pay 
 into the treasury of the State for the purposes of education, two 
 mills for each bushel of coal so mined, and in default of com- 
 pliance with the provisions of this section, the privileges granted 
 in this act shall be forfeited, and the coal privileges herein granted 
 shall revert to the State.” 
 
 2. Strike out of the title the words “and for other purposes.” 
 
 It has also passed and respectfully asks concurrence in House 
 Bill No. 146, “A Bill to amend and re-enacjb the charter of the 
 town of Sistersville, in the county of Tyler,” and 
 
 House Bill No. 159, “A Bill to provide for submitting to the 
 people of West Virginia the proposed amendment to the consti- 
 tution.” 
 
 Wm. P. Hubbard, 
 Clerk House of Delegates. 
 
 The Senate disagreed to the amendments proposed by the House 
 to said Senate Bill No. 40, and directed Mr. Burley so to inform 
 the House. 
 
 Mr. Maxwell, from the Committee on the Judiciary, reported 
 back the following bills, recommending that they do not pass : 
 
 Senate Bill No. 36, “A Bill to encourage immigration into West 
 Virginia.” 
 
 Senate Bill No. 69, “A Bill to amend and re-enact the 8th and 
 9th sections of chapter 93, of the acts of 1863.” 
 
 Senate Bill No. 70, “A Bill to prevent suits in certain cases,” 
 and 
 
 House Bill No. 135, “A Bill to regulate the summoning of 
 jurors.” 
 
 Mr. Maxwell, from the same Committee, reported back the fol- 
 lowing bills, recommending their passage : 
 
 House Bill No. 19, “A Bill in relation to evidence in actions 
 involving the title to lands.” 
 
 House Bill No. 96, “A Bill establishing and rearranging the 
 tenth and eleventh judicial circuits of this state, and providing for 
 the appointment of a judge of the eleventh circuit,” 
 
 House Bill No. 117, “A Bill prescribing the standard weight of 
 bituminous coal,” 
 
 House Bill No. 118, “A Bill concerning marriages between col- 
 ored persons,” and 
 
141 
 
 Journal of the Senate. 
 
 House Bill No. 94, “A Bill fixing the times of holding the courts 
 in the several counties of the tenth and eleventh judicial circuits.” 
 Mr. Maxwell, from the same Committee, reported back House 
 Bill No. 54, “A Bill concerning cases transferred from the Supreme 
 Court of Appeals and District Courts of Virginia, to the Supreme 
 Court of Appeals of West Virginia,” recommending its passage 
 with an amendment striking out of the 2d section all after the 
 word “made,” in line 17, engrossed bill. 
 
 Mr. Maxwell also reported back House Bill No. 158, “A Bill in 
 relation to the statutes of limitation,” recommending its passage 
 with the following amendments : 
 
 1. Insert after the word “providing,” line 2, engrossed bill, the 
 words “in trespass or case.” 
 
 2. Insert after the word “Morgan,” line 10, engrossed bill, the 
 words “Jefferson, Berkeley.” 
 
 Mr. Maxwell also reported Senate Bill No. 77, “A Bill to pro- 
 vide indexes to the journals of the Senate and House of Delegates.” 
 Mr. Maxwell also reported back House Joint Resolution No. 16, 
 “Providing for reprinting certain acts,” recommending its adoption 
 with an amendment inserting after the word “State,” line 5, the 
 words “the schedule accompanying the original constitution and 
 the ordinances accompanying the amended constitution.” 
 
 Mr. Burdett, from the Committee on Finance and Claims, reported 
 back the following bills, recommending their passage : 
 
 House Bill No. 38, “A Bill for the relief of John D. Payne,” 
 House Bill No. 100, “A Bill for the Belief of the securities of 
 Wm. Grass, late sheriff of Putnam county,” and 
 
 House Bill No. 134, “A Bill to authorize the Board of Public 
 Works to audit claims against the State of Virginia.” 
 
 Mr. Hawkins submitted the following report, which was adopted : 
 The Committee appointed to examine the Clerk’s office, beg to 
 report that the office is in proper order and seems to be carefully 
 kept and the papers regularly filed, packed and endorsed. 
 
 A. Hawkins, Chairman. 
 
 February 27, 1866. 
 
 On motion of Mr. Chapline, Senate Joint Resolution No. 12, 
 “Concerning Berkeley Springs” was taken up, when he offered the 
 following substitute therefor, which was adopted : 
 
 Resolved by the Legislature of West Virginia , 
 
 1. That the trustees of Berkeley Springs are hereby removed. 
 
 2. The judge of the tenth judicial circuit is hereby authorized 
 and -empowered to appoint twenty loyal trustees for the said 
 Berkeley Springs, either from the old Board of Trustees or from 
 amongst those who have not acted as trustees. 
 
 3. The judge of the tenth judicial circuit- is hereby appointed 
 ex officio, President of said Board of Trustees. 
 
142 
 
 Journal of the Senate. 
 
 Ordered , That Mr. Chapline inform the House of the adoption 
 of said resolution, and request concurrence. 
 
 Mr. Burdett offered Senate Joint Resolution No. 13, “Providing 
 for the printing of public documents,” as follows : 
 
 Resolved by the Legislature of West Virginia , 
 
 1. The Goveruor is hereby directed to have printed, before the 
 regular meeting of the Legislature in the year 1867, five thousand 
 copies of the Governor’s annual message, and two thousand two 
 hundred and fifty copies each of the reports of the several officers 
 required to report to the Legislature through the Governor, and of 
 any other document he may deem essential to accompany the 
 message. 
 
 2. Of the documents to be printed as aforesaid, each officer mak- 
 ing a report shall be entitled to two hundred and fifty copies 
 thereof, and the Governor to the same number of the message, 
 reports and documents, for the use of the executive department ; 
 and a like number of the same to be bound together and disposed 
 of as the Governor may direct, and the residue shall be distributed 
 between the Houses of the Legislature, in proportion to the num- 
 ber of members composing each. 
 
 On motion of Mr. Burdett, the rule was suspended, the resolu- 
 tion taken up and adopted. 
 
 Ordered , That Mr. Burdett inform the House of the adoption of 
 said resolution, and request concurrence. 
 
 On motion of Mr. Chapline, 
 
 Resolved , That the Assisstant Clerk of the Senate be allowed 
 the additional sum of forty-five dollars, for services rendered this 
 session. 
 
 On motion of Mr. Burdett, 
 
 Resolved , That the Pages each be allowed the additional sum of 
 twenty-five dollars for services rendered this session. 
 
 On motion of Mr. Hix, 
 
 Resolved , That such Senators as were compelled to take circuitous 
 routes in coming to the Capital, on account of ice, or other causes, 
 be allowed mileage for the additional distances that they were com- 
 pelled to travel for the causes above stated. 
 
 House Bill No. 9, “A Bill to amend the law in relation to the 
 competency of witnesses,” was read the third time, and passed with 
 its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Duval, Ilagar, Hawkins, Kitchen, Mahon, Peck, 
 Price, Slack and Wright — 15. 
 
 Nays — Messrs. Burdett, IPaymond and O’Brien — -3. 
 
 House Bill No. 52, “A Bill to amend and re-enact the 1st section 
 of chapter 5 of the acts of 1864,” was read the third time and 
 passed with its title : 
 
143 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Barley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O'Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 79, “A Bill to charter a road in Gilmer, Bitchie 
 and Tyler counties,” was road the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 82, “A Bill amending the charter of the town of 
 Grafton,” was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 53, “A Bill to amend and re-enact a part of the 
 1st section of chapter 20 of the acts of the General Assembly of 
 Virginia, passed at Richmond in 1861,” was read the third time, 
 and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck Price and Wright — 16. 
 
 Nays — N one. 
 
 House Bill No. 119, “A Bill to amend and re-enact the 6th and 
 8th sections of an act to incorporate the town of St. Mary, in the 
 county of Wood, and for other purposes,” was read the third time 
 and passed : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price and Wright — 16. 
 
 Nays — N one. 
 
 On motion of Mr. Maxwell, the title was stricken out, and the 
 following inserted : “A Bill to amend the charter of town of South 
 Wheeling.” The title as amended, was then passed. 
 
 House Bill No. 122, “A Bill, to authorize the board of trustees 
 of the Presbyterian Church of Buckhannon to sell a certain lot,” 
 was read the third time, and passed with its title: 
 
 Yeas. — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — None. 
 
 House Bill No. 123, “A Bill to amend an act to incorporate the 
 town of Piedmont, in the county of Mineral, (late Hampshire,”) 
 was read the third time, and passed with its title : 
 
144 
 
 Journal of the Senate, 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck, .Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 Senate Bill No. 20, “A Bill to amend the charter of the West 
 Virginia Central Railway Company,” was taken up as the special 
 order at 11 o'clock ; and the question being on the substitute offered 
 by Mr. Burley therefor, it was rejected. 
 
 Mr. Burley then moved that tjie 2d section be stricken out ; but 
 the motion did not prevail. 
 
 A message from the House of Delegates by Mr. Davis, announced 
 that that body had disagreed to the first and agreed to the second 
 amendment proposed by the Senate to House Bill No. 116, “A Bill 
 to provide for the repair of the roads and bridges throughout 
 the State.” 
 
 On motion of Mr. Burley, the Senate receded from so much of 
 its first amendment to said bill as excepts from the provisions 
 thereof the North Western Virginia Turnpike, and insisted on so 
 much thereof as excepts the Kanawha Turnpike, asked for a com- 
 mittee of conference, and appointed thereon on the part of the 
 Senate, Messrs. Burley and Dix. 
 
 The Senate took a recess until half past two o’clock. 
 
 AFTERNOON SESSION. 
 
 The Senate re-assembled. 
 
 The consideration of Senate Bill No. 20, “A Bill to amend the 
 charter of the West Virginia Central Railway Company,” was 
 resumed. 
 
 Mr. Maxwell moved that the words “or such other company as 
 they shall consolidate with,” be stricken out of the 3d section, 
 which was agreed to. 
 
 Mr. Maxwell then offered the following amendment : 
 
 Add at the end of section 3 : 
 
 And upon the further condition that the said West Virginia 
 Central Railway Company shall commence work upon its road at 
 some point on the Baltimore and Ohio Rail Road, or on the North 
 Western Virginia Railroad at some point on the line of its road to 
 be selected by itself and construct and equip in running order 
 twenty-five miles of its road southwardly in the direction of 
 Charleston, simultaneously with that part of the road betwmen 
 Charleston and the mouth of Sandy River. 
 
 If the said road is not completed and equipped in running order 
 in five years from the said first day of January, 1866, from Coving- 
 ton to the mouth of Sandy River, and from some point on the 
 BaltimQre and Ohio Rail Road, or on the North Western Virginia 
 
145 
 
 Journal of the Senate . 
 
 Rail Road, southwardly for the distance of twenty-five miles in the 
 direction of Charleston as aforesaid, this charter shall be void and 
 cease to exist, and all the interest of the State in and to the Cov- 
 ington and Ohio Rail Road herein granted to the Central Virginia 
 Railway Company shall revert to the State. 
 
 Mr. Burley moved to amend the said amendment so as to require 
 the said company to commence their said improvement at some 
 point on the Pennsylvania line, and not on the line of the Balti- 
 more and Ohio Rail Road or North Western Virginia Rail Road ; 
 but the motion was not agreed to. 
 
 The said amendment offered by Mr. Maxwell was rejected. 
 
 The further consideration of said bill was then passed by. 
 
 The following bills were read the second time, and ordered to be 
 read the third time : 
 
 House Bill No. 19, “A Bill* in relation to evidence in actions 
 involving the title to lands.” 
 
 House Bill No. 38, “A Bill for the relief of John D. Payne.” 
 House Bill No. 100, “A Bill for the releif of the securities of 
 Wm. Grass, late sheriff of Putnam county.” 
 
 House Bill No. 117, “A Bill prescribing the standard weight of 
 bituminous coal.” 
 
 House Bill No. 118, “A Bill concerning marriages between 
 colored persons,” and, 
 
 House Bill No. 134, “A Bill to authorize the Board of Public 
 Works to audit claims against the State of Virginia.” 
 
 The Senate refused to read House Bill No. 135, “A Bill to 
 regulate the summoning of Jurors,” the second time. 
 
 * So the bill was defeated. 
 
 It also refused to read the second time the following bills: 
 
 Senate Bill No. 36, “A Bill to encourage immigration into West 
 Virginia.” 
 
 Senate Bill No. 69, “A Bill to amend and re-enact the 8th and 
 9th sections of chapter 93 of the acts of 1863,” and 
 
 Senate Bill No. 70, “A Bill to prevent suits in certain cases.” 
 
 So said bills were defeated. 
 
 The amendment proposed by the committee to House Joint Res- 
 olution No. 16, “Providing for re-printing certain acts,” was 
 agreed to, and the resolution adopted as amended. 
 
 Ordered , That Mr. Maxwell so inform the House. 
 
 Senate Bill No. 77, “A Bill to provide indexes to the journals of 
 the Senate and House of Delegates,” was read the first time, and 
 On motion of Mr. Chapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 
 19 
 
146 
 
 Journal of the Senate. 
 
 suspended for the purpose, and said bill read the second time, and 
 ordered to be engrossed ; and being forthwith engrossed, the rule 
 was again suspended and the bill passed with its title: 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Hagar, Hawkins, Kitchen, Mahon, 
 Maxwell, O’Brien, Feck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 Ordered , That Mr. Maxwell inform the House of Delegates 
 thereof. 
 
 The amendment proposed by the Committee to House Bill No. 
 54, “A Bill concerning cases transferred from the Supreme Court 
 of Appeals and District Courts of Virginia, to the Supreme Court 
 of Appeals of West Virginia,” was agreed to, the bill read the 
 second time, and ordered to its third reading. 
 
 On motion of Mr. Maxwell, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, the bill read the third time and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 The amendments proposed by the Committee to House Bill No. 
 158, “A Bill in relation to the statutes of limitation,” were adopted. 
 
 On motion of Mr. Hawkins, the counties of Marion, Harrison 
 and Doddridge were stricken out. 
 
 The bill was then read the second time and ordered to its third 
 reading. 
 
 On motion of Mr. Chapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, the bill read the third time and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President^) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Plawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — None. 
 
 Ordered , That Mr. Maxwell inform the House of the passage of 
 the two bills last named, and request concurrence in said amend- 
 ments. 
 
 House Bill No. 94, “A Bill fixing the times of holding the 
 Courts in the several counties of the tenth and eleventh judicial 
 circuits,” was read the second time, and ordered to its third 
 reading. 
 
147 
 
 Journal of the Senate . 
 
 On motion of Mr. Maxwelll, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the third time and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 96, “A Bill establishing and rearranging the 
 tenth and eleventh judicial circuits of this State, and providing 
 for the appointment of a judge of the eleventh circuit,” was read 
 the second time and ordered to its third reading. 
 
 On motion of Mr. Maxwell, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the third time and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 A message from the House of Delegates, by Mr. Johnson, 
 announced that that body insisted on its substitute for Senate Bill 
 No. 28, “A Bill for the establishment and regulation of the West 
 Virginia Agricultural College,” appointed Messrs. Hagans, Koonce 
 and Johnson as a Committee of Conference thereon on its part, and 
 asked similar action on the part of the Senate. 
 
 On motion of Mr. Hagar, the Senate insisted on its disagreement 
 to said substitute and agreed to appoint a Conference Committee. 
 The President appointed as such Committee Messrs. Price and 
 Mahon. 
 
 House .Bill No. 159, “A Bill to provide for submitting to the 
 people of West Virginia the proposed amendment to the constitu- 
 tion,” was read the first time, and ordered to its second reading. 
 
 House Bill No. 146, “A Bill to amend and re-enact the charter 
 of the town of Sistersville, in the county of Tyler,” was read the 
 first time, and ordered to its second reading. 
 
 On motion of Mr. Maxwell, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bill taken up on its second 
 reading. 
 
 On motion of Mr. Burley, it was amended by inserting after the 
 word “oaths,” line 4, section 7, the words “as required of officers 
 by the act passed November 16, 1863,” and 
 
148 Journal of the Senate . 
 
 The bill was then read the second time, and ordered to its third 
 reading. 
 
 On motion of Mr. Maxwell, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 again suspended for the purpose, the bill read the third time and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, Mahon, 
 Maxwell, O’Brien, Slack and Wright — 15. 
 
 Nays — Mr. Burdett — 1. 
 
 Ordered , That Mr. Chapline inform the House of the passage of 
 said bill, and ask concurrence in said amendment. 
 
 Mr. Burdett, from the Committee on Finance and Claims, reported 
 back House Bill No. 109, “A Bill to provide for the payment of 
 certain military claims therein mentioned,” and Senate Bill No. 76 
 “A Bill for the relief of the citizens of Morgan county,” recom- 
 mending their passage. 
 
 The consideration of Senate Bill No. 20, “A Bill to amend the 
 charter of the West Virginia Central Bailway Company,” was 
 again resumed. 
 
 Mr. Burley moved to amed the 4th section by inserting after 
 “Virginia,” line 4, the words “except with the Baltimore and Ohio 
 Bailroad Company j’" but the amendment was rejected. 
 
 On motion of Mr. Maxwell the following was added as section 5 : 
 
 The Legislature reserves the right to alter or amend this act and 
 to regulate the rates of tolls for transportation and travel over the 
 West Virginia Central Bail way, and over any road or roads with 
 which the same may connect, under this act, so that such rates 
 shall not be less than those charged on other railroads in the 
 United States for similar transportation and travel. 
 
 On motion of Mr. Burley, the bill was laid on the table. 
 
 The Senate then adjourned. 
 
 THUBSDAY, February 28, 1866. 
 
 The Senate met at the u*sual hour, and after prayer by Bev. Mr. 
 Barnitz, the reading of the journal was dispensed with. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, ) 
 'Wheeling, February 27, 1866 j 
 
 The House has this day agreed to the amendments proposed by 
 the Senate to 
 
 House Bill No. 15, “A Bill to provide for the sale of real 
 estate returned delinquent for the non-payment of taxes.” 
 
149 
 
 Journal of the Senate. 
 
 House Bill No. 54, “ A Bill concerning cases transferred from 
 the Supreme Court of Appeals and District Courts of Virginia to 
 the Supreme Coart of Appeals of West Virginia.” 
 
 House Bill No. 126, “ A Bill to incorporate the West Virginia 
 Agricultural Society.” 
 
 House Bill No. 130, “ A Bill for the relief of Home Guards.” 
 House Bill No. 146, “ A Bill to amend and re-enact the charter 
 of the town of Sistersville in the county of Tyler, ” and 
 
 House Bill No. 158 “ A Bill in relation to the Statutes of limita- 
 tions.” 
 
 And it has indefinitely postponed the further consideration of 
 Senate Bill No. 40, “ A Bill to authorize Adam Kuhn and others 
 to sink a coal shaft in the town of Wellsburg, and for other pur- 
 poses.” 
 
 Wm. P. Hubbard, 
 
 Clerk House of Delegates. 
 
 On motion of Mr. Peck, Mr. O’Brien, was permitted to change 
 his vote from the negative to the affirmative, on the passage of 
 House Bill No. 130, “ A Bill for the relief of Home Guards.” 
 
 Mr. Burdett submitted the following, which was adopted : 
 
 The Committee on Executive Expenditures beg leave to submit 
 the following report : That we have examined the office of Gover- 
 
 nor ; and everything pertaining to the same, is in good order and 
 the accounts have been accurately kept, and give full satisfaction 
 to the Committee. 
 
 J . S. Burdett, Chairman. 
 
 Mr. Wright, submitted the following, which was adopted : 
 
 The Committee on the Library upon whom devolves the duty of 
 examining the State Library, beg leave to report : That they have 
 
 performed that duty, and find that the present Library of the State 
 consists of Reports and Journals received from the Executives of 
 other States since the organization of the State, with reports of 
 State officers, and Acts and Journals of the Legislature of this 
 State, and the United States Statutes for the same period. Your 
 Committee find that the number of volumes is near five hundred, 
 not classified, the number not being sufficient to* render a classifica- 
 tion practicable or necessary. The volumes are properly marked 
 as the property of the State, and are well taken care of in tight 
 cases. All which is respectfully submitted. 
 
 E. D. Wright, Chairman. 
 
 Mr. Price, submitted the following, which was adopted : 
 
 The Committee of Conference upon the disagreeing vote of the 
 two Houses upon Senate Bill No. 28, respectfully report that they 
 have had the same under consideration, and a majority of the Com- 
 mittee recommend that the House of Delegates recede from their 
 amendment and agree to the bill as it passed the Senate. All of 
 which is respectfully submitted. 
 
 Deb. 28, 1866. 
 
 H. Hagans, ) . 
 
 Wm. Pkioe, 1 
 
150 
 
 Journal of the Senate. 
 
 Mr. Wright, submitted the following, which was adopted : 
 
 The Committee on Executive offices beg leave to report : That 
 
 they have examined the offices of the Auditor, Treasurer, Secretary 
 of the State, Adjutant General and Quartermaster General, and 
 that the books, vouchers and papers and everything pertaining to 
 the same are in good order, and that the accounts in each of the 
 offices have been accurately kept, and give entire satisfaction to the 
 Committee. 
 
 E. D. Wright, Chairman , 
 
 On the part of the Senate. 
 
 A. W. Brown, Chairman , 
 
 On the part of the House. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported back Senate Bill No. 67, “A Bill in relation 
 to the Guyandotte Navigation Company,” recommending its pas- 
 sage ; and the bill was read the second time and ordered to be 
 engrossed ; and being forthwith engrossed, 
 
 On motion of Mr. Hagar, the case being urgent, and three-fourths 
 of the members present consenting thereto, the rule was suspended 
 for the purpose, the bill read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Mahon, Price, 
 Slack and Wright — 14.' 
 
 Nays — None. 
 
 » 
 
 Ordered , That Mr. Burdett inform the House of Delegates 
 thereof. 
 
 Mr. Chapline, made a personal explanation concerning a publica- 
 tion in the Wheeling Register of this date. 
 
 On motion of Mr. Hawkins, 
 
 k Resolved , That the local article in the Wheeling Register of this 
 date, reflecting on the character of Senator J. A. Chapline, is 
 considered by this body as a scurrilous article, discreditable to its 
 author and said paper.* 
 
 Mr. Hagar, by leave introduced Senate Bill No. 76, “A Bill in 
 relation to suits in Logan county/’ which was read the first time, 
 and referred to the Committee on the Judiciary. 
 
 On motion of Mr. Wright, 
 
 Resolved , That the Sergeant-at-arms and Doorkeeper of the 
 Senate, be allowed mileage and the Janitor one dollar per day 
 extra. 
 
 House Bill No. 19, “A Bill in relation to evidence in actions 
 involving the title to lands,” was read the third time, and passed 
 with its title : 
 
151 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Barley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright 
 —19. 
 
 Nays — N one. 
 
 House Bill No. 38, “A Bill for the relief of John D. Payne,” 
 was read the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O'Brien, Peck, Price, Slack and Wright 
 —19. 
 
 Nays — N one. 
 
 House Bill No. 100, “A Bill for the relief of the securities of 
 Wm. Grass, late sheriff of Putnam county,” was read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Plagar, Hawkins, Kitchen, 
 Mahon, Maxwell, O'Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 117, “A Bill prescribing the standard weight of 
 bituminous coal,” was read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright 
 —19. 
 
 Nays — None. 
 
 House Bill No. 118, ‘'A Bill concerning marriages between 
 colored persons,” was read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hager, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright 
 —19. 
 
 Nays — N one. 
 
 House Bill No. 134, “A Bill to authorize the board of Public 
 Works to audit claims against the State of Virginia,” was read the 
 third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright 
 —19. 
 
 Nays — None. 
 
 A message from the House of Delegates by Mr. McWhorter, 
 announced that that body had passed and asked concurrence in 
 
152 Journal of the Senate. 
 
 House Bill No. 156, “A Bill in relation to elections by the 
 people.” 
 
 The said bill was read the first time, and ordered to its second 
 reading, under a suspension of the rule and amended, on motion 
 of Mr. Ohapline, by striking out of the 6th line of the 1st section 
 the words “or before.” 
 
 The bill was then read the second time, and ordered to its third 
 reading. 
 
 On motion of Mr. Ohapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the third time, and passed 
 with its title. 
 
 Yeas — Messrs. Stevenson, (President,) Chambers, Ohapline, Cor- 
 ley, Dix, Duval, ITagar, Hawkins, Haymond, Mahon, Maxwell, 
 O’Brien, Peck, Price and Wright — 15. 
 
 Nays — Mr. Burdett — 1. 
 
 Ordered , That Mr. Ohapline inform the House of Delegates 
 thereof. 
 
 House Bill No. 109, “A Bill to provide for the payment of 
 certain military claims therein named,” was read the second time, 
 and ordered to its third reading. 
 
 On motion of Mr. Burdett, the case being urgent, and three- 
 fourths of the members present consenting ( thereto, the rule was 
 suspended for the purpose, said bill read the third time, and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson. (President,) Burdett, Burley, Cham- 
 bers, Ohapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Mahon, Maxwell, O'Brien, Peck, Price, Slack and Wright— 18. 
 
 Nays — N one. 
 
 A message was received from the Governor, enclosing a communi- 
 cation from the Governor of Virginia, which were respectively read 
 as follows : 
 
 The State of West Virginia, | 
 
 Executive Department, r 
 
 Wheeling, Feb. 28, 1866.. ) 
 
 To the Senate and House of Delegates: 
 
 I have just received from His Excellency, the Governor of Vir- 
 ginia, a communication enclosing an act passed by the General 
 Assembly of that State, February 26, 1866, entitled “An Act to 
 incorporate, the Covington and Ohio Railroad Company which 
 communication and act are herewith submitted for your considera- 
 tion and action. This is a matter of great interest to the State ; 
 but my attention has been so recently called to the particular 
 proposition contained in these papers, and the period for your 
 adjournment is so near at hand, that I have not the time necessary to 
 
153 
 
 Journal of the Senate. 
 
 a proper examination and discussion of its merits. I recommend, 
 however, that if it be possible, before you adjourn, that you take 
 such action on the subject as its great importance demands. 
 
 A. I. Boreman. 
 
 The Commonwealth of Virginia, 1 
 Executive Department, V 
 Richmond, Feb. 26th, 1866. J 
 To His Excellency, Gov. Boreman, 
 
 Wheeling, W. Va. 
 
 Sir — In obedience to an act of the General Assembly of Virginia 
 passed this day, entitled ‘‘An Act to incorporate the Covington 
 and Ohio Railroad Company,” I herewith transmit you a copy of 
 the bill, you will see by the provisions of the bill that it contem- 
 plates concurrent action on the part of the Legislature of West 
 Virginia. 
 
 The proposed improvement is of great importance to the people 
 of both States, residing in the section through which it passes. It 
 will also form another of those great arteries of commerce and 
 travel between the East and West, now so much needed. I am in 
 hopes that it will reach you in time for you to submit it with your 
 approval to the Legislature of your State. 
 
 In order that there may be no delay in the transmission of this 
 act, your old friend Col. Jas. G. Paxton is charged w T ith conveying 
 it to you personally. 
 
 I am, with great respect, yours truly, 
 
 F. H. Peirpoint. 
 
 On motion of Mr. Stevenson, (Mr. Maxwell in the chair) the 
 said documents and the accompanying act were referred • to the 
 Committee on Internal Improvements and Navigation. 
 
 House Bill No. 159, “A Bill to provide for submitting to the 
 people of West Virginia the proposed amendment to the constitu- 
 tion,” w r as amended on motion of Mr. Maxwell, as follows : 
 
 1. Strike out of line 9, section 1, the word “ passed ” and insert 
 “agreed to,” and in line 10, same section, after “West Virginia,” 
 insert “ adopted.” 
 
 2. Add at the end of section 2; “provided, that the ballot used 
 for voting for ratification or for rejection of said proposed amend- 
 ment, shall be the same piece of paper used in voting for county 
 and township officers at said election.” 
 
 3. Strike out of line 5 and 6, section 5, the w'ords “ general elec- 
 tion law,” and insert “act to regulate elections by the people.” 
 
 Mr. Haymond moved that the 1st section be amended by strik- 
 ing out “ May ” and inserting “ October,” but the motion was lost. 
 
 The bill was then read the second time, and ordered to its third 
 reading. 
 
 On motion of Mr. Mahon, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 20 
 
154 Journal of the Senate. 
 
 suspended for the purpose, said hill read the third time, and 
 passed : 
 
 Yeas — Messrs. Stevenson, (President,) Burley, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Mahon, 
 Maxwell, Price, Slack and Wright — 15. 
 
 Hays — Mr. Burdett — 1. 
 
 On motion of Mr. Maxwell, the title was amended by adding 
 thereto the words “of this State,” the bill as amended was then 
 
 Ordered , That Mr. Maxwell inform the House of Delegates 
 thereof. 
 
 Senate Bill No. 76, “A Bill for the relief of the citizens of 
 Morgan county,” was read the second time, and ordered to its 
 third reading. 
 
 On motion of Mr. Ohapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the third time, and passed 
 with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, Maxwell, Price, Slack and Wright — 16. 
 
 Nays — N one. 
 
 Ordered , That Mr. Chapline inform the House of Delegates 
 thereof. 
 
 Mr. Price, from the Committee on Townships, reported back 
 House Bill No. 129, “A Bill supplemental to the act establishing 
 the county of Grant,” without recommendation. 
 
 The bill was read the second time, and ordered to its third 
 reading. 
 
 On motion of Mr. Kitchen, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bill read the third time and 
 passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Mahon, Price, Slack and Wright — 15. 
 
 Nays — N one. 
 
 On motion of Mr. Burdett, Senate Joint Resolution No. 7, “To 
 provide a medal for General Samuel D. Karns,” was taken up and 
 adopted. 
 
 Ordered , That Mr. Burdett so inform the House. 
 
 On motion of Mr. Chambers, 
 
155 
 
 Journal of the Senate. 
 
 Hesolved, That the President of the Senate proceed to issue a 
 writ of election to fill the vacancy in the 9th Senatorial District 
 which election shall be held on the 4th Thursday of May 1866. 
 
 The Senate then took a recess until half past two o’clock. 
 
 AFTERNOON SESSION. 
 
 A message from the House of Delegates by Mr. McWhorter, 
 announced that it had passed and asked concurrence in House Bill 
 No. 161, “A Bill supplemental to the act to regulate the Registra- 
 tion of voters,” which was read the first time. 
 
 On motion of Mr. Ohapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the second time, and 
 ordered to its third reading; and fora like reason, the rule was 
 again suspended, the bill read the third time and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck anti Price — 15. 
 
 Nays — N one. 
 
 A message from the House of Delegates by Mr. Pinnell, announc- 
 ed that that body had passed and asked concurrence in 
 
 House Bill No. 131, “A Bill appropriating the public revenue 
 for the fiscal year 1866.” 
 
 House Bill No. 144, “A Bill to legalize the qualification and 
 official bonds of John N. Lowden, and J. L. D. Brake, justices of 
 Warren township, Upshur county,” and 
 
 House Bill No. 147, “A Bill concerning Hawkers and Pedlars,” 
 all of which were read the first time. 
 
 On motion of Mr. Mahon, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bills each read the second time, 
 and ordered to their third reading ; and 
 
 On motion of Mr. Corley, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said House Bill No. 144, was read 
 the third time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chapline, Cor- 
 ley, Dix, Duval, Hagar, Haymond, Kitchen, Mahon and O’Brien 
 — 11 . 
 
 Nays — None. 
 
 On motion of Mr. Chapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said House Bill No. 147, was read 
 the third time, and passed with its title : 
 
loB Journal of the Senate . 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chapline, Cor- 
 lev, Dix, Duval, Hagar, Haymond, Kitchen, Mahon and O’Brien 
 — 11 . 
 
 Nays — None. 
 
 A message from the House of Delegates by Mr. Bell, announced 
 that that body had passed and asked concurrence in 
 
 House Bill No. 84, “A Bill to amend and re-enact an act entitled 
 ‘An act to incorporate the Little Kanawha Navigation Company,’ 
 passed February 4, 1863, and the act to amend and re-enact the 
 first and third sections of the said act, passed March 1st, 1864.” 
 House Bill No. 105, “A Bill further to amend the law concern- 
 ing corporations,” and 
 
 House Bill No. 336, “A Bill for the relief of Henry J. White- 
 house.” 
 
 All of said bills were read the first time. 
 
 On motion of Mr. Hagar, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and each of said bills read the second 
 time, and ordered to their third reading. 
 
 On motion of Mr. Mahon, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said House Bill No. 84, was read 
 the third time, and passed w T ith its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chapline, Cor- 
 ley, Dix, Duval, Hagar, Haymond, Kitchen, Mahon and O’Brien 
 — 11 . 
 
 Nays — N one. 
 
 On motion of Mr. Chapline, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said House Bill No. 105, was read 
 the third time, and passed with its title: 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chapline, Cor- 
 ley, Dix, Duval, Hagar, Haymopd, Kitchen, Mahon and O’Brien 
 — 11 . 
 
 Nays — N one. 
 
 On motion of Mr. Mahon, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said House Bill No. 136, was read 
 the third time, and passed with its title: 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon and O’Brien — 13. 
 
 Nays — N one. 
 
157 
 
 Journal of the Senate. 
 
 Mr. McCoy, from the House of Delegates, announced that that 
 body had passed and asked concurrence in House Bill No. 160, “A 
 Bill for the relief of B. S. Cook, of Roane county,” which was read 
 the first time. 
 
 On motion of Mr. Maxwell, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bill read the second time, and 
 ordered to its third reading, and for a like reason, the rule was 
 again suspended the bill read the third time, and passed with its 
 title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Haymond, Kitchen, 
 Mahon, O’Brien, Peck and Price — 15. 
 
 Nays — N one. 
 
 A message from the House of Delegates by Mr. Davis, announc- 
 ed that that body had adopted and asked concurrence in House 
 Joint Resolution No. 20, as follows: 
 
 Whereas, The rebellion has been subdued by the force of arms 
 and peace now reigns within our borders, and desiring that our 
 State should enter upon that career of prosperity and progress to 
 which her natural advantages entitle her, we deem it proper to set 
 forth the principles of State and national policy, which we now 
 consider important to that end, therefore be it resolved : 
 
 1st. That we owe a debt of lasting obligation to the living 
 soldiers, and will ever cherish and revere the memory of the dead ; 
 who, by unparalleled sacrifice, persistent resolution and heroic 
 valor saved our State and Nation. 
 
 2nd. That we approve the votes given by our Congressmen, 
 Messrs. Hubbard and Latham, against allowing negroes to vote in 
 the District of Columbia. 
 
 3rd. That we are opposed to extending the right of suffrage to 
 colored persons in this State, but that justice and sound policy 
 alike require that other privileges of citizens not inconsistent 
 therewith, be allowed them. 
 
 4th. That the administration of Andrew Johnson so far, meets 
 the just expectation of those who supported him when elected, and 
 that we have full confidence in his wisdom and patriotism for the 
 future ; and that his recent official acts and declared policy of 
 reconstruction has our unqualified approval. 
 
 On motion of Mr. Chapline, the said resolution was laid on the 
 table. 
 
 A message from the House of Delegates by Mr. Bell, announced 
 that that body had passed and asked concurrence in House Bill No. 
 85, “A Bill to incorporate the Laurel Fork and Sand Hill Railroad 
 Company.” 
 
 The bill was read the first time. 
 
158 Journal of th,e Senate. 
 
 On motion of Mr. Mahon, the ease being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the second time, and 
 ordered to its third reading; and on motion of the same gentleman 
 the rule was again suspended for a like reason, and said bill read 
 the third time, and passed with its title : 
 
 Yeas. — Messrs. Stevenson, (President,) Burdett, Chambers, Chap- 
 line, Corley, Dix, Duval, Hagar, Hawkins, Raymond, Kitchen, 
 Mahon, O’Brien, Price and Wright — 15. 
 
 Nats — N one. 
 
 The Senate took a reGess until 54 o’clock. 
 
 EVENING SESSION. 
 
 Mr. Burley, from the Committee on Internal Improvements and 
 Navigation, reported. 
 
 Senate Bill No. 79, “A Bill to incorporate the Covington and 
 Ohio Railroad Company,” which was read the first time. 
 
 On motion of Mr. Burley, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, said bill read the second time, and 
 ordered to its third reading; and for a like reason, on motion of 
 Mr. Peck, the rule was again suspended, the bill read the third 
 time, and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Ilaymond, 
 Kitchen, Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright 
 —19. 
 
 Nays — None. 
 
 A message from the House of Delegates, by Mr, Hagans, 
 announced that that body had passed and asked concurrence in 
 
 House Bill No. 13S, “A Bill for the extension of the corporate 
 limits of the town of Brandonville in Preston county,” and 
 
 House Bill No. 140, “A Bill authorizing the trustees of the 
 Methodist Episcopal Church in the town of Clarksburg to sell their 
 church lot.” 
 
 The first named bill was read the first time. 
 
 On motion of Mr. Burdett, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said Bill No. 138, was read the 
 second time, and ordered to its third reading; and on motion of 
 the same gentleman, and for a like reason, the rule was again 
 suspended for the purpose, and said bill read the third time, and 
 passed with its title : 
 
159 
 
 Journal of the Senate. 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Haymond, 
 Kitchen, Mahon, O’Brien, Peck, Price, Slack and Wright — 18. • 
 Nays — None. 
 
 On motion of Mr. Peck, 
 
 Resolved , That the Clerk of the Senate be paid mileage in addi- 
 tion to hisjoer diem allowance. 
 
 Mr. Burdett, moved that the Senate take up House Joint Resolu- 
 tion No. 20, “ Thanking soldiers, opposing negro suffrage, and 
 endorsing the administration of Andrew Johnson,” but the motion 
 was rejected. 
 
 The Senate then adjourned. 
 
 THURSDAY, March 1, 1866. 
 
 The Senate met at the usual hour, and after prayer bv Rev. 
 Mr. Barnitz, the journal of yesterday was read and approved. 
 
 The following communication was received from the House of 
 Delegates : 
 
 Clerk’s Office, House of Delegates, ) 
 
 February 28, 1866. j 
 
 The House has this day passed Senate Bill No. 12, “A Bill to 
 authorize the judge of the ninth judicial circuit of West Virginia 
 to fill official vacancies in his circuit,” 
 
 Senate Bill No. 67, “A Bill in relation to the Guyandotte Navi- 
 gation Company,” 
 
 Senate Biil No. 74, “A Bill to incorporate the Wheeling and 
 Moundsville Turnpike Company,’ 
 
 Senate Bill No. 77, “A Bill to provide indexes to the journals of 
 the Senate and House of Delegates,” and adopted 
 
 Senate Joint Resolution No. 11, “Providing for the appointment 
 of trustees for Berkeley Springs,” and 
 
 Senate Joint Resolution No. 18, “Providing for printing the 
 executive message and documents.” 
 
 It has also agreed to the amendments proposed by the Senate to 
 House Bill No. 53, “A Bill to amend and re-enact a part of the 
 1st section of chapter 20, of the Acts of the General Assembly of 
 Virginia, passed at Richmond in 1861,” 
 
 House Bill No. 82, “A Bill amending the charter of the town of 
 Grafton,” 
 
 House Bill No. 119, “A Bill to amend and re-enact the 6th and 
 8th sections of the Charter of the town of St. Mary, in the county 
 of Wood,” 
 
 House Bill No. 156, “A Bill in relation to elections by the 
 people,” 
 
 House Bill No. 159, “A Bill to provide for submitting to the 
 people of West Virginia the proposed amendment to the constitu- 
 tion,” and 
 
160 Journal of the Senate. 
 
 House Joint Resolution No. 16, “Providing for reprinting certain 
 acts.” 
 
 It has receded from its disagreement to the remaining Senate 
 amendment to 
 
 House Bill No. 116, “A Bill to provide for the repair of the 
 Roads and Bridges throughout the State,” 
 
 Receded from its amendment to the Senate substitute for 
 
 House Bill No. 59, “A Bill to prevent the further taxation of 
 soldiers for bounty purposes.” 
 
 It has passed and respectfully asks the concurrence of the 
 Senate in House Bill No. 139, “A Bill to provide for the purchase 
 of books for the library of the Supreme Court of Appeals,” 
 
 House Bill No. 141, “A Bill in relation to the duties of Prose- 
 cuting Attorneys,” and 
 
 House Bill No. 157, “A Bill to charter a road in Taylor and 
 Barbour Counties.” 
 
 It has rejected the report of the Committee of Conference on 
 the disagreeing votes of the two Houses *on Senate Bill No. 28, “A 
 Bill to provide for the establishment and regulation of the West 
 Virginia Agricultural College,” and has adhered to its substitute 
 therefor. 
 
 Wm. P. Hubbard, 
 Clerk House of Delegates . 
 
 On motion of Mr. Burdett, said Senate Bill No. 28 was laid on 
 the table. 
 
 Mr. Price, from the Committee on Townships, reported back 
 House Bill No. 70, “A Bill to establish and settle a part of the 
 boundary line between the counties of Barbour and Upshur,” 
 which, on motion of Mr. O’Brien was laid on the table. 
 
 Mr. Dix, from the Committee on Education, reported back Senate 
 Bill No. 47, “A Bill relating to the Schools of Wheeling and parts 
 of townships connected therewith,” which, on motion of Mr. Chap- 
 line, was laid on the table. 
 
 Mr. Peck, by leave, introduced Senate Bill No. 80, “A Bill to 
 authorize John Gf. Jacob, David Fleming and Campbell Tarr, to 
 mine for coal and other minerals under the bed of the Ohio river,” 
 which, on his motion, was read the first time and laid on the table. 
 
 Mr. Chapline offered the following resolution : 
 
 Senate Joint Resolution No. 14, “Providing for the distribution 
 of the acts and journals : 
 
 Resolved by the Legislature of West Virginia , That the 500 
 copies of the acts in sheets, to which the members of this Legisla- 
 ture are entitled, be, by the public printer, bound as the other acts 
 of the session are bound, and delivered to the clerk of the House 
 of Delegates, whose duty it is made to forward the same as soon as 
 practicable, to the members of this Legislature, 
 
 On motion of Mr. Chapline, the rule was suspended and the 
 Senate adopted the resolution, and directed Mr. Chapline so to 
 inform the House. 
 
161 
 
 Journal of the Senate. 
 
 House Bill No. 131, “A Bill appropriating the public retinue 
 for the fiscal year 1866,” was amended on motion of iMy. Ppck, by 
 striking out of the paragraph making an appropriation to the Com- 
 missioner of Immigration “five hundred,” and inserting “one thou- 
 sand,” and inserting in the same paragraph the words “and to be 
 expended,” after the word “expended.” 
 
 The bill was then read the second time, and ordered to its third 
 reading. 
 
 On motion of Mr. Stevenson, (Mr. Chapline in the Chair,) the 
 case being urgent, and three-fourths of the members present con- 
 senting thereto, the rule was suspended for the purpose, and said 
 bill'read the third time and passed with its title : 
 
 Yeas — Messrs. Stevenson, (President,) BurdeP, Burley, Cham- 
 bers, Chapline, Corley, Dix, Duval, Hagar, Hawkins, Kitchen, 
 Mahon, Maxwell, O’Brien, Peck, Price, Slack and Wright — 18. 
 
 Nays — N one. 
 
 House Bill No. 140, “A Bill authorizing the trustees of the 
 Methodist Episcopal Church, in the town of Clarksburg, to sell 
 their church lot,” was read the first time. 
 
 On motion of Mr. Maxwell, the case being urgent, and three- 
 fourths of the members present consenting thereto, the rule was 
 suspended for the purpose, and said bill read the second and third 
 time, and passed with its title: 
 
 Yeas — Messrs. Stevenson, (President,) Burdett, Burley, Cham- 
 bers, Chapline, Dix, Duval, Hagar, Hawkins, Kitchen, Mahon, 
 Maxwell, O’Brien, Peck, Price, Slack and Wright — 17. 
 
 Nays — N one. 
 
 On motion of Mr. Chambers, the vote taken yesterday adopting 
 the resolution in regard to issuing a writ of election to fill the 
 vacancy in the 9th Senatorial district, was re-considered, and the 
 question recurring on the adoption of the said resolution, on motion 
 of Mr. Chambers the word “May” was stricken out and “October” 
 inserted. 
 
 The resolution was then adopted. 
 
 Mr. Burdett moved to suspend the rules, so as to take up House 
 Joint Resolution No. 20, “Thanking soldiers, opposing negro 
 suffrage, and endorsing the administration of Andrew Johnson,” 
 but the motion was disagreed to. 
 
 On motion of Mr. Mahon, the Senate took a recess until, five 
 o’clock, P. M. 
 
 AFTERNOON SESSION. ' . 
 
 The Senate re-assembled at 5 o’clock. 
 
 Mr. Duval, by leave, introduced Senate Bill No. 81, “A Bill 
 granting certain citizens of Brooke county the right to mine coal, 
 
162 
 
 Journal of the Senate. 
 
 and to take the same from the several strata beneath the bed of 
 the Ohio river,” which was read the first time, and laid on the table 
 on motion of Mr. Duval. 
 
 On motion of Mr. Duval, 
 
 Resolved, That the thanks of the Senate are hereby tendered to 
 the Clerk, Assistant Clerk, Door Keeper, Sergeant-at-Arms, and 
 Pages, for the prompt and faithful discharge of their respective 
 duties the present session. 
 
 On motion of Mr. Slack, 
 
 Resolved , That the thanks of this body is hereby tendered to the 
 Clergy of the different denominations of this city for their prompt- 
 ness in attending our daily sessions, and opening the same with 
 prayer. 
 
 On motion of Mr. Burdett, 
 
 Hesolved , That the thanks of the Senate are hereby tendered to 
 the President, for the able, courteous and impartial manner in 
 which he has presided over its deliberations. 
 
 On motion of Mr. Stevenson, (Mr. Burdett in the chair), 
 
 The Senate took a recess until half-past seven o’clock. 
 
 EVENING SESSION. 
 
 The Senate re-assembled at half-past seven o’clock, and was 
 called to order by Mr. Maxwell. 
 
 On motion of Mr. Chapline, the Senate took a further recess 
 until 10 o’clock, P. M. 
 
 NIGHT SESSION. 
 
 The Senate re-assembled. 
 
 Mr. Price from the Committee oil Enrolled Bills, reported that 
 said Committee had examined and found correctly enrolled the 
 following Acts and Joint Resolutions: 
 
 No. 14. — Joint Resolution to secure an appropriation by Congress 
 for the payment of certain military claims in this State during the 
 late war. 
 
 Chap. 42. — An Act to construct a Milldam across Elk River, at 
 Sutton, Braxton county. 
 
 Chap. 43. — An Act for the relief of St. Clair Rains, of Kanawha 
 county. 
 
 Chap. 44. — An Act to repeal sections 22 and 23 of chapter 163 of 
 the Code of Virginia, second edition. 
 
 Chap. 45. — An Act to provide a Penitentiary for the State. 
 
 Chap 46. — An Act to ratify on certain terms, the Acts of the 
 General Assembly of Virginia, passed February 3d, 1866, relating 
 to the Virginia Canal Company. 
 
 Chap. 47. — An Act amending the charter of the town of Mar- 
 tinsburg. 
 
Journal of the Senate . 163 
 
 Chap. 48. — An Act to legalize the poor tax levied by the County 
 Court of Berkeley county in the year 1863. 
 
 Chap. 49. — An Act to amend and re-enact the act regulating 
 allowances to county officers. 
 
 Chap. 50. — An Act relating to suits brought against Supervisors 
 and Inspectors of elections; and providing for the payment of their 
 costs in defending the same. 
 
 Chap. 51. — An Act to provide for the re-assessment of the value 
 of all real estate within this State. 
 
 Chap. 52. — An Act to relinquish to the Maryland and Virginia 
 Bridge Company, the stock in said Company belonging to the 
 State. 
 
 Chap. 53. — An Act to amend section 12 of chapter 80 of the acts 
 of 1865. 
 
 Chap. 54. — An Act to transfer certain lands in Ohio county to 
 the Board of Education of certain townships therein. 
 
 Chap. 55. — An Act in relation to actions of detinue. 
 
 Chap. 56. — An Act to incorporate the Wayne County Coal and 
 Iron Railway Company. 
 
 Chap. 57. — An Act in relation to the Sixth' and Seventh Judicial 
 Circuits, and the times of holding the terms of the Circuit Courts 
 therein. 
 
 Chap. 58. — An Act to provide punishment for the cutting down, 
 injuring or destroying trees or shrubs. 
 
 Chap. 59. — An Act to incorporate the town of Ceredo, in the 
 county of Wayne. 
 
 Chap. 60. — An Act to consolidate the towns of Moundsville and 
 Elizabethtown. 
 
 Chap. 61. — An Act to amend and re-enact the first section of an 
 act passed February 1st, 1847, entitled “An Act to incorporate the 
 Male and Female Academy of Buckhannon. 
 
 Chap. 62. — An Act to dissolve and close the Branch of the 
 Exchange Bank of Virginia, at Weston. 
 
 Chap. 63. — An Act for the relief of Francis H. Peirpoint. 
 
 Chap. 64. — An Act to repeal chapter eight of the acts of 1865. 
 
 Chap. 65. — An Act for the relief of the Overseers of the Poor of 
 the county of Brooke. 
 
 Chap. 66. — An Act to dispense with the assessment of back taxes 
 in certain counties. 
 
 Chap. 67. — An Act supplemental to the act establishing the 
 county of Mineral. 
 
 Chap. 68. — An Act to amend section 1st of chapter 78 of the 
 Act of the General Assembly of Virginia. 
 
164 
 
 ’.■Journal of the Senate. 
 
 Chap. 6$H-lhAn Act changing the time of holding the terms, for 
 civil business, of the municipal court of Wheeling. 
 
 Chap. 70. — An Act to establish the 11th Senatorial District out 
 of a part of the 10th. 
 
 Chap. 71. — An Act to relieve the securities of Joshua H. Staats 
 late sheriff of Jackson county. 
 
 Chap. 72. — An Act to amend and re-enact the 1st section of an 
 act entitled “An Act authorizing the present and former sheriffs of 
 Ohio county to pa}?- certain moneys to the treasurers of Ritchie and 
 other townships in said county,” passed February 16th, 1865. 
 
 Chap. 73.— An Act to change the terms of holding courts in the 
 Eighth Judicial Circuit. 
 
 Chap. 74. — An Act providing for the establishment of a system 
 of Free Schools. 
 
 Chap. 75. — An Act to provide for obtaining grants for lands 
 where the entries are lost or destroyed. 
 
 Chap. 76. — An Act to authorize the Board of Supervisors of 
 Hampshire county to borrow money. 
 
 Chap. 77. — An Act lor the benefit of married women in insuring 
 the lives of their husbands. 
 
 Chap. 78. — An Act to regulate the registration of voters. 
 
 Chap. 79. — An Act for the relief of John B. Baumgardner. 
 
 Chap. 80. — An Act to repeal a part of section 2 of chapter 58 of 
 the Code of Virginia. 
 
 Chap. 81. — An Act making an appropriation to Robertson Cook. 
 
 Chap. 82. — An Act for the relief of Amos Samples of Upshur 
 county. 
 
 Chap. 83. — An Act concerning the fiscal year. 
 
 Chap. 84. — An Act constituting the bank of the Potomac river, 
 in Morgan county, a lawful fence. 
 
 Chap. 85.- — An Act to incorporate the Potomac and Piedmont 
 Coal and Rail Road Company. 
 
 Chap. 86. — An Act to amend an act to incorporate the town of 
 Piedmont, in the county of Mineral, (late Hampshire.) 
 
 Chap. 87. — An Act to authorize the Board of Trustees of the 
 Presbyterian Church of Buckhannon to sell a certain lot. 
 
 Chap. 88. — An Act to amend and re-enact the 1st section of 
 chapter 5 of the acts of 1864. 
 
 Chap. 89. — An Act to amend the law in relation to the compe- 
 tency of witnesses. 
 
 Chap. 90. — An Act to provide for the sale of real estate returned 
 delinquent for the non-payment of taxes. 
 
 Chap. 91. — An Act in relation to the Statute of Limitation. 
 
165 
 
 Journal of the Senate. 
 
 Chap. 92. — An Act establishing and re-arranging the Tenth and 
 Eleventh Judicial Circuits of this State, and providing for the 
 appointment of a Judge of the Eleventh Circuit. 
 
 Chap. 93. — An Act fixing the times of holding the courts in the 
 several counties of the Tenth and Eleventh Judicial Circuits. 
 
 Chap. 94. — An Act to incorporate the West Virginia Agricultural 
 Society. 
 
 Chap. 95. — An Act to charter a road in Gilmer, Ritchie and 
 Tyler counties. 
 
 Chap. 96. — An Act concerning cases transferred from the Su- 
 preme court of Appeals and District Courts of Virginia, to the 
 Supreme Court of Appeals of West Virginia. 
 
 Chap. 97. — An Act for the relief of State and Home Guards. 
 
 Chap. 98. — An Act to amend and re-enact the charter of the 
 town of Sistersville, in the county of Tyler. 
 
 Chap. 99. — An Act to provide indexes to the Journals of the 
 Senate and House of Delegates. 
 
 Chap. 100. — An Act to refund the taxes collected from soldiers for 
 bounty purposes. 
 
 Chap. 101. — An Act to incorporate the Wheeling and Mounds- 
 ville Turnpike Company. 
 
 Chap. 102. — An Act concerning marriages between colored 
 persons. 
 
 Chap. 103. — An Act to provide tor the payment of certain 
 military claims therein mentioned. 
 
 Chap. 104. — An Act in relation to evidence in actions involving 
 the title of lands. 
 
 Chap. 105. — An Act to authorize the Board of Public Works to 
 audit claims against the State of West Virginia. 
 
 Chap. 106. — An Act prescribing the standard weight of bitumin- 
 ous coal. 
 
 Chap. 107. — Au Act for the relief of the securities of William 
 Grass, late sheriff of Putnam county. 
 
 Chap. 108. — An Act for the relief of John D. Payne. 
 
 Chap. 109. — An Act in relation to the Guyandotte Navigation 
 Company. 
 
 Chap. 110. — An Act amending the charter of the town of Grafton. 
 
 Chap. 111. — An Act further to amend the law concerning corpo- 
 rations. 
 
 Chap. 112. — An Act to authorize the Judge of the Ninth Judicial 
 Circuit of West Virginia to fill official vacancies in his circuit. 
 
 Chap. 113. — An Act to incorporate the Laurel Fork and Sand 
 Hill Rail Road Company. 
 
166 Journal of the Senate. 
 
 Chap. 114. — An Act concerning Hawkers and Pedlars. 
 
 Chap. 115. — An Act to amend and re-enact a part of the first 
 section of chapter twenty of the Acts of the General Assembly of 
 Virginia, passed at Richmond in 1861. 
 
 Chap. 116. — An Act to legalize the qualification and official 
 bonds of John N. Louden and J. L. D. Brake, justices of Warren 
 Township, Upshur county. 
 
 Chap. 117. — An Act to provide for the repair of the roads and 
 bridges throughout the State. 
 
 Chap. 118. — An Act for the relief of B. S. Cook, of Boone county. 
 
 Chap. 119. — An Act for the extension of the corporate limits of 
 the town of Brandonville, in Preston county. 
 
 Chap. 120. — An Act supplemental to the act establishing the 
 county of Grant. 
 
 Chap. 121. — An Act for the relief of Henry J. Whitehouse. 
 
 Chap. 122. — An Act to amend and re-enact an act entitled “An 
 Act to incorporate the Little Kanawha Navigation Company,’’ 
 passed February 4th, 1868, and the “Act to amend and re-enact 
 the first and third sections of the said act,” passed March 1st, 1864. 
 
 No. 15. — A Joint Resolution proposing to celebrate the anniver- 
 sary of Washington’s birthday. 
 
 No. 16. — A Joint Resolution in reference to printing the Gov- 
 ernor’s message concerning lunatics from this State in Virginia 
 Asylums. 
 
 No. 17. — Joint Resolution providing for the appointment of 
 trustees of the Berkeley Springs. 
 
 No. 18. — Joint Resolution providing for printing the executive 
 message and documents. 
 
 No. 19. — Joint Resolution providing for re-printing certain acts. 
 
 No. 20. — Joint Resolution providing for the distribution of certain 
 acts. 
 
 Chap. 123. — An Act to provide for submitting to the people of 
 West Virginia the proposed amendment to the constitution of the 
 State. 
 
 Chap. 124. — An Act supplemental, to the act to regulate the 
 registration of voters. 
 
 Chap. 125. — An act to amend the charter of the town of South 
 Wheeling. 
 
 Chap. 126. — An Act in relation to elections by the people. 
 
 Chap. 127. — An Act authorizing the' trustees of the Methodist 
 Episcopal Church in the town of Clarksburg to sell their church lot. 
 
 Chap. 128. — An Act for the relief of the citizens of Morgan 
 county. 
 
Journal of the Senate . 167 
 
 Chap. 129. — An Act appropriating the public revenue for the 
 fiscal year 1866. 
 
 Chap. 180. — An Act in relation to the undetermined cases in the 
 Supreme Court of Appeals of Virginia, belonging to this State. 
 
 Chap. 131.— An A.ct to incorporate the Covington and Ohio 
 Railroad Company. 
 
 Chap. 132.— An Act in relation to oaths of suitors. 
 
 William Price, Chairman , 
 
 On the part of the Senate. 
 
 Marquis L. Lockhart, Chairman , 
 
 On the part of the House. 
 
 The President having signed all the acts and joint resolutions of 
 the Legislature, 
 
 Mr. Maxwell moved that a joint committee of one from the 
 Senate and two from the House, be appointed to wait upon the 
 Governor and ascertain if he has any further communication to 
 make to the Legislature, which was agreed to. 
 
 The President appointed Mr. Maxwell to act on the part of the 
 Senate in that regard. 
 
 Mr. Maxwell subsequently reported that he had communicated 
 the said action of the Senate to the House; that that body had 
 concurred in the appointment of such committee, which had waited 
 on the Governor, who desired them to say to the Legislature that 
 he had no further communication to make, and that he thought the 
 Legislature had discharged its duty faithfully and well. 
 
 Mr. Maxwell was then directed to inform the House that the 
 Senate, having completed its business, was ready to adjourn, which 
 duty he performed. 
 
 A message from the House, by Mr. Smith, of Hancock, announced 
 that the House was likewise ready to adjourn. 
 
 On motion of Mr. Peck, the Senate adjourned sine die 
 
 W. E. Stevenson, 
 
 President of the Senate. 
 
 Ellery R. Hall, 
 
 Clerk of the Senate. 
 
I NDEX 
 
 Pages. 
 
 Acts and Resolutions, titles of — 131, 132, 133, 162, 163, 164, 165, 
 
 166, 167 
 
 distribution of 66, 77, 80, 102, 160 
 
 Agricultural College —28, 52, 72, 76, 117, 118, 139, 147, 160 
 
 Amendment to the Constitution 65, 66, 69, 73, 77 
 
 Bill to submit 140, 147, 153, 
 
 154 159 
 
 Appropriations, asked for__23, 26, 27, 28, 30, 31, 34, 36, 38, 39, 40, 
 
 45, 59, 70, 73, 83, 99, 103 
 
 refused 25, 28, 30, 41, 44, 52, 61, 63, 79, 131 
 
 made 64, 70, 80, 120, 135, 
 
 136, 151, 152, 156, 157, 161 
 Appropriations by Congress, asked for 32, 35, 100, 101, 102 
 
 Assessors, petitions of 26, 50 
 
 bill to increase pay of 30, 34, 59, 60, 80, 82 
 
 Attorneys Oath Bill 24, 26 
 
 B. & O. R. R. Co., resolution concerning 37 
 
 Berkeley Springs, resolution concerning 116, 130, 141, 159 
 
 Berkeley and Jefferson Counties 24, 25, 40 
 
 Boyers, J. Edgar, resolution concerning 34 
 
 adverse report on claims of 42 
 
 adopted 41 
 
 motion to reconsider vote on claim 
 
 of, lost 61 
 
 Burdett, John S., Senator fron the 3d District, quali- 
 fication of 3 
 
 on Committee 22, 23, 35 
 
 leave of absence to 56 
 
 bill introduced by 86 
 
 petition presented by ^ 22, 27, 45, 48, 50 
 
 resolution by— 21, 23, 26, 33, 34, 43, 45, 56, 59, 
 61, 70, 103, 111, 142, 142, 162 
 
 reported by 25, 27, 30, 35, 41, 42, 44, 47, 49, 
 
 52, 54, 59, 63, 66, 75, 76, 79, 83, 83, 
 86, 87, 98, 99, 116, 124, 131, 141, 
 
 148, 149 
 
 motion by-25, 34, 38, 41, 46, 53, 54, 55, 61, 71, 
 72, 87, 100, 104, 105, 112, 121, 136, 
 142, 150, 152, 154, 158, 159, 161 
 
170 INDEX. 
 
 Burley, James, Senator from the 2d District, qualifi- Pages. 
 
 cation of 3 
 
 on committee 22, 23, 144 
 
 bill introduced by 38, 103, 118 
 
 petition presented by 23 
 
 resolution by 34, 43, 45, 56, 67, 122 
 
 report by 30, 44, 60, 63, 69, 75, 79, 86, 103, 106, 
 
 107, 116, 121, 124, 134, 144, 150, 158 
 motion by — 46, 47, 54, 55, 71, 81, 85, 98, 103, 107, 
 119, 125, 129, 135, 137, 140, 145, 147, 148, 158 
 
 Capital, resolution concerning the 39, 40, 41, 46 
 
 bill concerning the 65, 66, 68, 85, 97, 100, 120 
 
 Chambers, V/illiam F., Senator from the 9th District, 
 
 present. 3 
 
 on committee 22 
 
 bill introduced by 58 
 
 resolution by 28,67,155 
 
 motion by 134, 139, 161 
 
 Chapline, Joseph A., Senator from the 10th District. 
 
 qualification of 3 
 
 seat of, contested 35, 40 
 
 contest withdrawn 35 
 
 on committee 22, 23 
 
 leave of absence to 46 
 
 bill introduced by__24, 26, 35, 38, 43, 60, 63 
 
 75, 81, 134 
 
 petition presented by 
 
 personal explanation by 150 
 
 resolution concerning . 150 
 
 resolution by__26, 31, 32, 36, 40, 45, 83, 116, 
 
 141, 142, 160 
 
 report by__67, 70, 79, 110,115, 120, 124, 133, 
 
 motion by 28, 33, 34, 59, 64, 73, 76, 77, 78, 
 
 81, 83, 97, 107, 116, 120, 128, 129, 135, 
 136, 137, 138, 141, 142, 145. 146, 148, 
 152, 154, 155, 156, 157, 160, 162 
 
 Charnock, John H., appointed Janitor, 31 
 
 pay of, : 31, 150 
 
 Clergy, invited to open the Senate with prayer, 23 
 
 with resolutions of thanks to, 162 
 
 Clerk of the Senate, Ellery R. Hall, elected, 4 
 
 pay of, 31, 159 
 
 resolution of thanks to, 162 
 
 office of, 23,141 
 
 Contested elections, 4, 22, 25, 27, 35, 40 
 
 Conference Committees, 124, 144, 147 
 
 Cook, John, Senator from the 8th District 
 
 absent, 3 
 
 seat of, contested, 22 
 
 contest sustained, 25 
 
INDEX. 
 
 171 
 
 Corley, James M., Senator from the 6th District Pages. 
 
 present, 3 
 
 on Committee, 22, 23, 35 
 
 bill introduced by, 58 
 
 resolution by, 23, 28, 30, 39, 59 
 
 motion by, _._85, 97, 100, 107, 120, 134, 139, 155 
 
 Crane, Samuel, Petition of, 23 
 
 adverse report on claim of, 25 
 
 recommitted 25 
 
 adopted 27 
 
 Decision of the President sustained 112 
 
 Dillon, Ed. S. appointed page 4 
 
 pay of 31, 142 
 
 resolution of thanks to 162 
 
 Distribution of Acts and Resolutions 66, 77, 80, 102, 160 
 
 Dix, D. H. K., Senator from the 7th District 
 
 qualification of 3 
 
 on Committee 22, 23, 144 
 
 bill introduced by 83, 103 
 
 petition presented by 38 
 
 resolution by, 99, 142 
 
 report by 38, 42, 50, 56, 63, 70, 110, 124, 160 
 
 motion by 68, 69, 76, 111 
 
 Doorkeeper of the Senate, R. G. Mahon elected 4 
 
 pay of 31, 150 
 
 qualification of 38 
 
 resolution of thanks to — 162 
 
 Downey, O. D., contestant for Mr. Cbapline’s seat 35, 40 
 
 , • contest of, withdrawn 35 
 
 mileage allowed to_ 40 
 
 Duval, Isaac H., Senator from the 1st District 
 
 qualification of 3 
 
 on Committee 22, 124 
 
 bill introduced by #-48, 63, 75, 161 
 
 petition presented by 23, 33, 48 
 
 resolution by__ 162 
 
 report by 30, 49, 50, 67 
 
 motion by 53, 162 
 
 Enrolled Bills and Resolutions, 131, 132, 133, 162, 163, 164, 165, 
 
 166, 167 
 
 Executive Officers 23, 150 
 
 Executive Expenditures 23, 149 
 
 Frew, John, elected public printer 34, 35 
 
 Governor, Committee to wait on 5 
 
 message of 5, 87, 152, 167 
 
 referred 23, 26, 30 
 
 Guard for Ohio County Jail 47 
 
 Hagans, Alpbeus D., elected Sergeant-at-arms 4 
 
 pay of 31, 150 
 
 resolution of thanks to 162 
 
172 
 
 INDEX. 
 
 Pages. 
 
 Hagar, Robert, contestant for Mr. Cook’s seat 22 
 
 contest of sustained 25 
 
 qualification of 25 
 
 bill introduced by 60, 63 
 
 petition presented by 67, 119 
 
 resolution by 26, 28,30, 36, 45, 67 
 
 motion by 67, 82, 150, 156 
 
 Hall, Ellery R., elected clerk of the Senate 4 
 
 pay of- 31, 159 
 
 resolution of thanks to 162 
 
 Hawkins, Aaron, Senator from the 2d District, 
 
 present 3 
 
 voted for, for President 3, 4 
 
 on committee 5, 22, 23 
 
 bill introduced by 63 
 
 resolution by 4, 22, 134, 150 
 
 report by 141 
 
 motion by 97, 104, 128, 136, 146 
 
 Haymond, Daniel, Senator from the 4th District, 
 
 qualification of 3 
 
 seat of, contested 22 
 
 contest unsuccessful 27 
 
 on committee 22 
 
 bill introduced by 60 
 
 petition presented by 72, 99 
 
 resolution by 39 
 
 motion by 41, 47, 50, 71, 104, 153 
 
 House Bill No. 3 39,40,42,45 
 
 4 39, 40 
 
 6 -39, 40, 44, 48 
 
 7 43, 44, 47, 50, 54 
 
 8 65, 66, 130, 136 
 
 9 - 51,130, 136, 142 
 
 lk 39, 40, 79, 80, 84 
 
 13 42, 103, 105 
 
 14 42, 44, 49 
 
 15 46, 47, 54, 66, 121, 135, 148 
 
 16 42,47,55 
 
 17 - 42, 48 
 
 18 46, 47, 51, 55,57 
 
 19 -113, 140, 145, 150 
 
 20 46, 47, 54, 56 
 
 21 46, 47, 49, 52 
 
 22 46, 47, 54, 56, 57 
 
 23 46, 47, 49, 52, 56 
 
 25 46, 47, 58, 60, 65 
 
 27 46, 47, 52, 55 
 
 28 49, 50, 52, 53 
 
 29 65, 66, 86, 99 
 
 30 65, 66, 76, 104, 105, 112 
 
 31 - 46, 47, 49, 53 
 
 32. 82, 98, 111, 124, 128, 135 
 
INDEX. 
 
 House 
 
 Bill No. 33 
 
 36 
 
 37 
 
 38 
 
 39 
 
 42 
 
 44 
 
 ■48 
 
 49 
 
 50 
 
 51 
 
 52 
 
 53 
 
 54 
 
 55 
 
 56 
 
 57--—- 
 
 58 
 
 59 
 
 60 
 
 61 
 
 65 
 
 67 
 
 68 
 
 69 
 
 70 
 
 71 
 
 72 
 
 73~_ 
 
 74 -= 
 
 77- 
 
 79- 
 
 80. 
 
 82. 
 
 84. 
 
 85. 
 87- 
 88 . 
 90- 
 
 92. 
 
 93. 
 
 94. 
 95_ 
 96_ 
 
 100 . 
 
 102 _ 
 
 105_ 
 
 106. 
 
 107. 
 
 108. 
 109 .. 
 
 173 
 Pages. 
 
 78, 86, 99 
 
 _ — 117, 118, 124, 129, 139 
 
 57, 58, 63, 67 
 
 .--123, 124, 141, 145, 151 
 
 57. 58, 59, 64 
 
 65, 66, 68, 85, 97, 100, 120 
 
 62, 86, 100 
 
 74, 79, 84 
 
 62, 67, 70 
 
 62, 66, 70 
 
 62, 68, 72, 73 
 
 62, 130, 136, 142 
 
 62, 130. 136, 143. 159 
 
 74, 141, 146, 149 
 
 62, 64, 75, 80 
 
 78, 98, 109, 114, 123 
 
 65, 66, 69, 81, 82, 85, 86, 87, 104 
 
 104, 105, 115, 117, 121, 125, 139 
 
 65, 66, 83, 87, 107. 112, 113, 123, 160 
 
 65, 66, 124, 128 
 
 72, 83, 86 
 
 104. 105, 110, 114, 123 
 
 74, 78, 79, 84 
 
 74, 79 
 
 74, 78, 79, 84 
 
 117, 118, 160 
 
 74,79,84 
 
 74, 82, 83, 87 
 
 113, 124, 128 
 
 78, 118, 127, 129, 139 
 
 98,110,114 
 
 85, 86, 110, 114, 123 
 
 85, 86, 107, 139, 143 
 
 102, 110, 114, 123 
 
 123, 124, 133, 136, 143, 159 
 
 156 
 
 . 157, 158 
 
 98,116, 119, 120, 130 
 
 98, 116, 120 
 
 108, 109, 115, 120 
 
 113, 124, 128 
 
 108, 109, 118, 127 
 
 108, 109, 141, 146 
 
 108, 109, 118, 127 
 
 — 108, 109, 140, 147 
 
 123, 124, 141,145, 151 
 
 108, 109, 115, 117 
 
 156 
 
 108, 109, 118, 127, 139 
 
 108, 109, 124, 128, 135 
 
 108, 109, 118, 127 
 
 130, 148, 152 
 
 23 
 
174 
 
 INDEX. 
 
 Pages. 
 
 HouseBillNo.110 108,109, 118, 127 
 
 111 108. 109, 124,185 
 
 114 102,106,107 
 
 116 113, 124. 128, 135, 144, 160 
 
 117 113, 140, 145, 151 
 
 118 113, 140, 145, 151 
 
 119 123, 124, 133, 136, 143, 159 
 
 121 113, 124. 128, 136 
 
 122 113, 124, 128, 139, 143 
 
 123 123, 124, 133, 137, 143 
 
 124 113, 124, 128. 136 
 
 125 123, 124, 134 
 
 126 123. 124, 133, 137, 149 
 
 129 123, 124, 154 
 
 130 123, 124, 131, 137, 149 
 
 131 155, 161 
 
 134 123, 124. 141, 145, 151 
 
 135 123. 124, 140, 145, 156 
 
 136 156 
 
 138 158, 159 
 
 139-_- 160 
 
 140 158, 161 
 
 141 • 160 
 
 144 155 
 
 146 140, 147, 148, 149 
 
 147 155 
 
 156 152, 159 
 
 157 160 
 
 158 139. 141, 146, 149 
 
 159 - -.- 140, 147, 153, 159 
 
 160— - 157 
 
 161 155 
 
 House of Delegates, organization of 
 
 adjournment of 167 
 
 message from— 5, 24, 25, 29, 31, 33, 34, 85, 37, 
 39, 42, 43, 46, 49, 51, 54, 57, 62, 
 65, 72, 74, 77, 81, 82, 85, 98, 100, 
 102, 104, 107, 108,112, 116, 117, 
 122, 130,139, 144, 147, 148, 151. 
 
 155, 156, 157, 158, 159, 167 
 
 House of Refuge-- 28, 105 
 
 Janitor of the Senate, John H. Oharnock elected-. ^ 31 
 
 pay of 31, 150 
 
 Jefferson and Berkeley counties — 24, 25, 40 
 
 Karns, Samuel D., medal for 56, 61, 154 
 
 Kitchen, Bathuel W., Senator from the 10th District. 
 
 present 3 
 
 on committee 22 
 
 leave of absence to 46 
 
 bill introduced by 28, 79. 83, 116 
 
 petition presented by 59, 64 
 
 resolution by 40 
 
 motion by — 104, 154 
 
INDEX. 
 
 4 
 
 38 
 
 31, 150 
 162 
 112 
 
 111 
 
 175 
 Pages. 
 
 Library, law 62, 64, 66, 103, 105, 109, 119, 126, 160 
 
 Library, State 2*3, 149 
 
 Lunatics 29, 33, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 102 
 
 Mahon, Edward S., Senator from the 5th District, 
 
 qualification of 3 
 
 on committee 22, 124, 147 
 
 petition presented by 54, 59, 70 
 
 resolution by 4, 30, 40, 73 
 
 motion by __53. 58, 71, 76, 87, 104, 126, 153, 
 
 155, 156 
 
 Mahon, Richard G., elected doorkeeper 
 
 qualification of 
 
 pay of 
 
 resolution of thanks to 
 
 Majority of the Senate, what constitutes 
 
 Mathews, Henry M., Senator from the 9th District, 
 
 absent 
 
 the oath taken by 
 
 address to the Senate by 
 
 oath taken by, not sufficient 
 
 resolution concerning 
 
 Mileage refused to 
 
 seat of. declared vacant 
 
 resolution to fill vacant seat of__ 
 
 Maxwell, Edwin, Senator from the 4th District, 
 
 present 
 
 on committee 5. 22, 23 
 
 bill introduced by 
 
 petition presented by.- 
 
 protest by 
 
 resolution by 4, 5, 23 
 
 report bv_..25, 27, 32, 36, 41, 44, 47, 49, .51. 
 
 54, 58, 66, 68, 69, 75, 78. 79, 82, 86, 
 103, 109. 110, 114, 115, 118, 130, 
 
 140, 141 
 
 motion by__22, 32, 34, 36, 50, 56, 58, 66, 71, 81, 
 82, 85, 87,97, 104. 105, 107, 116, 119, 
 121. 122, 134, 136, 139. 143, 144, 145, 
 146, 147. 148, 153, 154, 157, 161, 162, 
 
 167 
 
 Medal for Samuel D. Karns 56, 61, 154 
 
 Medals for soldiers 43, 44, 50, 53 
 
 Members, mileage of 29, 30, 142 
 
 Message, Governor’s 5. 87, 152, 167 
 
 House of Delegates’-^, 24, 25, 29, 31, 33, 34, 35, 37, 39, 
 42. 43, 46, 49, 51, 54, 57, 62, 65, 72, 
 74, 77, 81, 82, 85, 98, 100, 102, 104, 
 107, 108, 112, 116, 117, 122, 139, 144, 
 147, 148, 151, 155. 156, 157, 158, 159, 
 
 167 
 
 83, 
 
 o 
 
 4 
 
 4 
 
 4 
 
 31 
 
 33 
 
 83 
 
 161 
 
 167 
 
 121 
 
 38 
 
 76 
 
 130 
 
170 
 
 INDEX. 
 
 * 
 
 Pages. 
 
 Mileage of Members 29, 30, 142 
 
 Moore, Edwin W. S., appointed assistant clerk 22 
 
 pay of 22, 142 
 
 qualification of 38- 
 
 resolution of thanks to 162 
 
 O'Brien, Emmet J., Senator from the 6th District, 
 
 qualification of- 5 
 
 on committee 22, 23 
 
 bill introduced by 57 
 
 petition presented 125 
 
 a vote of, changed 149 
 
 resolution by 28, 38 
 
 motion by 61, 98, 111, 139, 160 
 
 Pages appointed 4 
 
 Peck, Daniel/Senator from the 1st District. 
 
 present 3 
 
 on committee-- 22 
 
 bill introduced by- -26, 32, 33, 48, 54, 72,118, 121. 
 
 160 
 
 petition presented by 26, 43, 48 
 
 resolution bv____4. 23, 28, 40. 59, 61, 62, 64, 73, 103, 
 
 133, 159 
 
 report by — 32 
 
 motion by 41, 47, 53, 55, 58, 59, 64, 73, 76, 77, 82, 
 
 104, 107. 112, 117, 120, 123, 137, 138, 
 149, 158, 161, 167 
 
 Penitentiary . 65, 66, 69. 81, 82, 85, 86, 87, 104 
 
 President of the Senate, vote for. 3, 4 
 
 W. E. Stevenson elected 4 
 
 decision of, sustained •_ ' 112 
 
 President Johnson, resolution to endorse 103, 104, 112, 157, 
 
 159, 161 
 
 Price, William, Senator from the 3d District. 
 
 present 3 
 
 on committee 22, 147 
 
 bill introduced by 52 
 
 petitions presented by 28 
 
 report by 47. 48, 52, 55, 58, 69, 72, 
 
 75, 83, 98, 110, 118, 124, 
 131, 149, 154, 160, 162 
 
 motion by 72, 98, 111, 117, 121 
 
 Printing documents— .21, 25, 37,38, 41,78, 102, 141, 142, 145, 
 
 159, 160 
 
 Public Printer, resolution to elect 29 
 
 John Frew elected- 34, 35 
 
 Pumphrey, Ohas. H., appointed page 4 
 
 pay of 31, 142 
 
 resolution of thanks to 162 
 
 Rebels, resolution concerning — 26, 27, 28 
 
 Registry of voters..- 104, 105, 115, 117, 121, 125, 139, 155 
 
 Reporter of the Supreme Court 37, 51, 58, 61, 71 
 
INDEX. 
 
 177 
 
 Pages. 
 
 Senate, assembling of 8 
 
 members of, present * 8 
 
 organization of 4 
 
 hour of meeting of 22 
 
 rules of 22 
 
 standing committees of 22, 23 
 
 adjournment of 167 
 
 Senators and Representatives in Congress. 
 
 resolution to instruct 25, 32, 33, 35, 
 
 36, 67, 71, 74, 100, 101, 102 
 
 Sergeant-at-arms, A. D. Hagans elected 4 
 
 pay of 31, 150 
 
 resolution of thanks to -_ 162 
 
 Senate Bill No. 1. 
 
 2 
 
 3 
 
 4. 
 
 5 
 
 24, 66, 71, 81 
 24, 68, 73, 81, 102 
 
 26, 36, 39, 47 
 
 .26, 115, 119, 126 
 26 
 
 6 27, 31,33, 40 
 
 7 28, 44, 48, 57 
 
 8 30, 34, 59, 60, 82 
 
 9 32, 34, 41, 51, 52, 54, 56, 130, 138 
 
 10 32, 41, 59, 61, 85 
 
 11 33, 60, 64, 74 
 
 12 35, 115,119, 126, 159 
 
 13 38, 41, 42 
 
 14 38 
 
 15 38, 63, 69, 73, 108, 109, 116 
 
 16 38,50 
 
 17 43, 115, 119 
 
 18 43, 51 
 
 19 44, 50, 52, 74 
 
 20 44, 103, 139, 144, 148 
 
 21 45, 55, 57, 117, 118 
 
 22 47, 53 
 
 23 48, 56 
 
 24 48 
 
 25. 
 
 26. 
 27_ 
 28. 
 29- 
 30. 
 31- 
 
 32. 
 
 33. 
 
 34. 
 35 . 
 36_ 
 
 37. 
 
 38. 
 
 39. 
 
 48, 115, 119 
 
 51, 58, 61, 74 
 
 ' 52, 56, 57, 74, 75 
 
 .52, 72, 76, 117, 118. 69 , 147, 160 
 
 54, 16, 71, 107 
 
 57, 69, 73 
 
 58, 61, 74 
 
 58, 61,64, 77 
 
 58 
 
 58, 75 
 
 60 
 
 60, 70, 73, 140, 145 
 
 60, 66, 71, 77 
 
 60 
 
 63, 73, 81, 84, 130 
 
 24 
 
178 
 
 INDEX. 
 
 Senate Bill No. 40— 
 
 41- 
 
 42- 
 
 43- 
 
 44- 
 
 45- 
 
 46- 
 
 47- 
 
 48- 
 
 49- 
 
 50- 
 
 51- 
 
 52- 
 53__ 
 54 A 
 
 55- 
 
 56- 
 
 57- 
 
 58- 
 59 — 
 60— 
 61__ 
 62- 
 63__ 
 64 — 
 
 65- 
 
 66 - 
 
 67- 
 
 68 - 
 
 69- 
 
 70- 
 
 71- 
 
 72- _ 
 73._ 
 
 74- 
 
 75- 
 
 76- 
 
 77- 
 
 78- 
 
 79- 
 
 80- 
 81-_. 
 
 Pages. 
 
 63, 75, 76, 80. 139, 140, 149 
 
 63,115,119 
 
 63, 75, 80, 117 
 
 66, 77, 80, 102 
 
 67, 77, 80, 102 
 
 67,115,119 
 
 69, 77, 80 
 
 70, 111, 160 
 
 72, 77, 81, 85 
 
 72, 75, 77, 122, 123 
 
 72, 110, 113, 139 
 
 75, 87, 111, 111 
 
 75, 87, 99, 100, 108 
 
 75, 87, 99, 112 
 
 75, 105, 111, 130 
 
 75, 114, 119, 126 
 
 79, 87, 99. 117 
 
 79, 84. 86, 107, 108 
 
 79 
 
 81, 115, 119 
 
 83, 86, 108 
 
 83, 98 
 
 86 
 
 103, 110, 113 
 
 109, 117 
 
 109, 119, 126 
 
 . 109, 119, 126 
 
 111, 150, 159 
 
 115 
 
 115, 140, 145 
 
 116, 140, 145 
 
 118, 130, 138 
 
 118, 120, 129 
 
 121, 126 
 
 121, 124, 159 
 
 130, 138 
 
 134, 148, 154 
 
 141, 145, 146,159 
 
 150 
 
 158 
 
 160 
 
 161 
 
 Slack, Greenbury, Senator from the 7th District, 
 
 present 3 
 
 on committee 22, 23 
 
 bill introduced by 38, 48 
 
 petition presented by — _ 22, 33, 134 
 
 resolution by ---26, 30, 36, 162 
 
 report by 25, 27, 29, 33, 35, 40, 105 
 
 motion by 125 
 
INDEX. 179 
 
 Pages. 
 
 Stevenson, William E., Senator from the 5th District, 
 
 present 3 
 
 elected President 3, 4 
 
 decision of, sustained 112 
 
 motion by 70, 76, 100, 137, 153, 161, 162 
 
 Title of Acts and Resolutions 131, 132, 133, 162, 163, 164, 165, 
 
 166, 167 
 
 Vacancy in the Senate 83, 155, 161 
 
 Washington, birth day of 103, 116 
 
 statue of 30, 32, 34, 37 
 
 Werninger, A., contestant for Mr. ITaymond’s seat. — 22 
 
 contest of, unsuccessful , 27 
 
 Wright Edward D., Senator from the 8th District, 
 
 absent 3 
 
 present 23 
 
 on committee 22, 23 
 
 bill introduced by 44, 45, 60, 67, 111 
 
 resolution by 150 
 
 report by 149, 150 
 
 motion by 70, 116 
 
LIST OF THE MEMBERS 
 
 OF THE 
 
 FOURTH LEGISLATURE 
 
 OF THE 
 
 ASSEMBLED IN THE CITY OF WHEELING, JAN. 16, 1866, 
 
 Together with their Age, Occupation, Nativity, County or District 
 represented, and Postoffice Address. 
 
 S IE IFST .A. T IE . 
 
 £1 
 
 Name. 
 
 O 1 
 bD 1 
 
 o 
 
 Occupation, 1 
 
 Nativity. 
 
 Dis- 
 
 trict. 
 
 Postoffice. 
 
 i 
 
 W. E. Stevenson, 
 
 
 
 
 
 
 
 President. 
 
 47 Farmer, 
 
 Penn’a, 
 
 5th 
 
 Parkersburg. 
 
 2 
 
 James Burley 
 
 64 
 
 “ 
 
 u 
 
 2d 
 
 Moundsville. 
 
 3 
 
 John S. Burdett ; 
 
 47 Merchant, i 
 
 Virginia, 
 
 u 
 
 3d 
 
 Pruntytown. 
 
 4 
 
 Wm. F. Chambers... 
 
 66 
 
 Farmer, 
 
 9th 
 
 Peterstown. 
 
 5 
 
 Joseph A. Chapline.. 1 
 
 31 
 
 Lawyer, 
 
 it 
 
 10th 
 
 Shepherdstown. 
 
 6 
 
 James M. Corley 
 
 56 
 
 Farmer, 
 
 u 
 
 6th 
 
 Weston. 
 
 7 
 
 D. H. K. Dix 
 
 38 
 
 Minister, 
 
 a 
 
 7th 
 
 Winfield, Putnam Co. 
 
 8 
 
 I. H. Duval. 
 
 41 
 
 Merchant, 
 
 u 
 
 1st 
 
 Wellsburg. 
 
 9 
 
 Robert Hagar 
 
 56 
 
 Minister, 
 
 u 
 
 8th 
 
 Newport, Boone Co. 
 
 10 
 
 Aaron Hawkins 
 
 66 
 
 Farmer, 
 
 Penn’a, 
 
 2d 
 
 Basnettsville. 
 
 11 
 
 Daniel Haymond 
 
 78 
 
 u 
 
 Virginia, | 
 
 4th 
 
 Federal Hill, Ritchie 
 
 12 
 
 B. M. Kitchen 
 
 53 
 
 u 
 
 10th 
 
 Shanghai. 
 
 13 
 
 E. S. Mahon 
 
 50 
 
 u 
 
 Maryland, 
 
 5th 
 
 Ravenswood. 
 
 14 
 
 Edwin Maxwell 
 
 38 
 
 Lawyer, 
 
 Virginia, 
 
 4th 
 
 Clarksburg. 
 
 15 
 
 lEmmet J. O’Brien.... 
 
 46 
 
 Mechanic, 
 
 u 
 
 6 th 
 
 Burnersville, Barb’r. 
 
 16 
 
 [Daniel Peck 
 
 67 
 
 Lawyer, 
 
 Vermont, 
 
 1st 
 
 Wheeling. 
 
 17 
 
 1 William Price 
 
 61 
 
 Farmer, 
 
 Penn'a, 
 
 3d 
 
 Andy, Monongalia Co 
 
 18 
 
 Greenbury Slack 
 
 58 
 
 n 
 
 Virginia, 
 
 7th 
 
 Kanawha C. H. 
 
 19 
 
 E. D. Wright 
 
 55 
 
 a 
 
 u 
 
 8th 
 
 Guyandotte. 
 
 
 CLERK, 
 
 
 
 
 
 
 
 Ellery R. Hall. 
 
 31 
 
 Lawyer, 
 
 u 
 
 
 Fairmont. 
 
 
 I ASSISTANT CLERK, 
 
 
 
 
 
 
 
 E. W. S. Moore. 
 
 20 
 
 Clerk, 
 
 u 
 
 
 Fairmont. 
 
 
 SERGEANT- AT- ARMS, 
 
 
 
 
 
 
 
 Alpheus D. Hagans. 
 
 44 
 
 Moulder, 
 
 it 
 
 
 Brandonville. 
 
 
 DOORKEEPER, 
 
 
 • 
 
 
 
 
 
 Richard G. Mahon. 
 
 32 
 
 Farmer, 
 
 . u 
 
 
 Cottageville, Jackson 
 
 
 PAGES, 
 
 
 
 
 
 
 
 Ed. S. Dillon, 
 
 17 
 
 Student, 
 
 u 
 
 
 Wheeling. 
 
 
 Chas. H. Pumphrey. 
 
 ! 14 « 
 
 ll 
 
 
 ii 
 
HOUSE OF DELEGATES. 
 
 6 
 
 fc 
 
 Name. 
 
 to 
 
 Occupation. | 
 
 Nativity, j 
 
 County. 
 
 Postoffice. 
 
 1 
 
 D. S. Pinnell, 
 
 Speaker. 
 
 53 
 
 Physician 
 
 Virginia 
 1 1 
 
 Upshur, 
 
 Buckhannon. 
 
 2 
 
 John C. Baliard 
 
 47 
 
 Millwright, 
 
 Monroe, 
 
 Doddridge, 
 
 Centreville. 
 
 3 
 
 Ephraim Bee 
 
 63 
 
 Farmer, 
 
 u 
 
 Oxford. 
 
 4 
 
 Jacob C. Beeson 
 
 52 
 
 Merchant 
 
 u 
 
 Marion, 
 
 Fairmont. 
 
 5 
 
 Joseph Bell.. 
 
 46 
 
 Manufacturer, 
 
 u 
 
 Ohio, 
 
 Wheeling. 
 
 6 
 
 John Bennett 
 
 49 
 
 Minister, 
 
 u 
 
 2d Del. Dis. 
 
 Steer Creek. 
 
 7 
 
 Jacob H. Bristor.... 
 
 31 
 
 Teacher, 
 
 Penn’a, 
 
 Taylor, 
 
 Grafton. 
 
 8 
 
 Alfred W. Brown... 
 
 42 
 
 Farmer, 
 
 Banker, 
 
 ! Virginia 
 
 Monongalia 
 
 Andy. 
 
 9 
 
 Kichard P. Camden 
 
 55 
 
 4 4 
 
 Lewis, 
 
 Weston. 
 
 10 
 
 John S. P. Carroll.. 
 
 36 
 
 Farmer, 
 
 I 44 
 
 Wayne, 
 
 Fayette, 
 
 Buffalo Shoals. 
 
 11 
 
 James S. Cassady... 
 
 45 
 
 i i 
 
 44 
 
 Fayette C. H. 
 Stewart’s Town. 
 
 12 
 
 Henry S. Combs 
 
 47 
 
 Ironmaster, 
 
 i 44 
 
 Monongalia 
 
 13 
 
 Mitchell Cook 
 
 48 
 
 Farmer, 
 
 Merchant 
 
 i M 
 
 6th Del. Dis. 
 
 Wyoming C. H. 
 
 14 
 
 Samuel Cooper 
 
 45 
 
 44 
 
 Hampshire, 
 
 Cacapon Bridge. 
 
 15 
 
 David Cunningham. 
 
 62 
 
 Farmer, 
 
 U 
 
 Marion, 
 
 Mannington. 
 
 16 
 
 William B. Curtis... 
 
 44 
 
 Merchant 
 
 Marylnd 
 
 Ohio, 
 
 West Liberty. 
 
 17 
 
 Peter Darnel 
 
 50 
 
 Millwright, 
 
 Virginia 
 
 Mason, 
 
 West Columbia. 
 
 18 
 
 Henry G. Davis 
 
 41 
 
 Merchant 
 
 Marylnd 
 
 Hampshire, 
 
 Piedmont. 
 
 19 
 
 Abijah Dolly 
 
 49 
 
 Farmer, 
 
 Virginia 
 
 44 
 
 Hardy, 
 
 Greenland. 
 
 20 
 
 Lewis Dvche 
 
 43 
 
 Laborer, 
 
 Morgan, 
 
 Sir John’s Run. 
 
 21 
 
 Solomon S. Fleming 
 
 53 
 
 Merchant 
 
 44 
 
 Harrison, 
 
 Shinnston. 
 
 22 
 
 James F. Given 
 
 47 
 
 Blacksmith. 
 
 44 
 
 Braxton, 
 
 Mouth of Birch. 
 
 23 
 
 Nathan Goff. 
 
 68 
 
 Banker, 
 
 N. York 
 
 Harrison, 
 
 Clarksburg. 
 
 24 
 
 Harrison Hagans.... 
 
 69 
 
 Merchant 
 
 Vermont 
 
 Preston, 
 
 Brandonville. 
 
 25 
 
 James H. Higgins... 
 
 38 
 
 Wheelwright, 
 
 Penn’a, 
 
 Virginia 
 
 Jackson, 
 
 Cottageville. 
 
 26 
 
 Ulysses Hinchman.. 
 
 58 
 
 Physician 
 
 Logan, 
 
 Rich Creek. 
 
 27 
 
 Abram Hinkle 
 
 80 
 
 Merchant 
 
 i t 
 
 Pendleton, 
 
 Mt. Freedom. 
 
 28 
 
 George Hooker 
 
 50 
 
 Farmer, 
 
 Ohio, 
 
 England 
 
 Brooke, 
 
 Cherry Hill. 
 
 29 
 
 Jacob Hornbrook... 
 
 53 
 
 Merchant 
 
 Ohio, 
 
 Wheeling. 
 
 30 
 
 Daniel D. Johnson.. 
 
 29 
 
 Farmer, 
 
 Virginia 
 
 44 
 
 Tyler, 
 
 Long Reach. 
 
 31 
 
 John Kellar 
 
 58 
 
 u 
 
 Barbour, 
 
 Pleasant Creek. 
 
 32 
 
 George Koonce 
 
 47 
 
 Merchant 
 
 Ohio, 
 
 Jefferson, 
 
 Harper’s Ferry. 
 
 33 
 
 Edmund Kyle 
 
 36 
 
 Farmer, 
 
 Penn’a, 
 
 Wetzel, 
 
 Pine Grove. 
 
 34 
 
 Thomas Little 
 
 47 
 
 4 . 
 
 Virginia 
 
 Mercer, 
 
 Frenchville. 
 
 35 
 
 M. L. Lockhart 
 
 30 
 
 Clerk, 
 
 Wirt, 
 
 Wirt C. H. 
 
 36 
 
 William Mairs 
 
 37 
 
 Physician 
 
 Ohio, 
 
 Kanawha 
 
 Pocotaligo. 
 
 37 
 
 Rufus Maxwell 
 
 37 
 
 Farmer, 
 
 Virginia 
 
 44 
 
 5th Del. Dis. 
 
 St. George. 
 
 38 
 
 Joseph E. McCoy... 
 
 27 
 
 Merchant 
 
 Roane, 
 
 Spencer. 
 
 39 
 
 Chas. H. McCurdy.. 
 A. R. McQuilkin.... 
 
 44 
 
 Farmer, 
 
 44 
 
 Jefferson, 
 
 Berkeley, 
 
 Kabletown. 
 
 40 
 
 48 
 
 Merchant 
 
 44 
 
 Shepherdstown. 
 
 41 
 
 H. C. McWhorter... 
 
 29 
 
 Lawyer, 
 
 Ohio, 
 
 Kanawha 
 
 Charleston. 
 
 42 
 
 Anthony Rader 
 
 55 
 
 Physician 
 
 Virginia 
 
 3d Del. Dis. 
 
 Summersville. 
 
 43 
 
 Eli Riddle 
 
 61 
 
 Farmer, 
 
 “ 
 
 Ritchie, 
 
 Pennsboro. 
 
 44 
 
 Buckner J. Smith... 
 
 44 
 
 Brick maker 
 
 Ohio, 
 
 Hancock, 
 
 Berkeley, 
 
 New Cumberland. 
 
 45 
 
 William Smith 
 
 46 
 
 Farmer, 
 
 Penn’a,. 
 
 Martinsburg. 
 
 46 
 
 Samuel S. Spencer.. 
 
 44 
 
 u 
 
 Virginia 
 
 1st Del. Dis. 
 
 Parkersburg. 
 
 47 
 
 Samuel B. Stidger.. 
 
 35 
 
 Physician 
 
 Minister, 
 
 Ohio, 
 
 Virginia 
 
 fc 4 
 
 Marshall, 
 
 Moundsville. 
 
 48 
 
 Thos. H. Trainer... 
 
 48 
 
 44 
 
 44 
 
 49 
 
 Jas. W. Williamson. 
 
 53 
 
 Farmer, 
 
 1st Del. Dis. 
 
 Ben’s Run. 
 
 50 
 
 'John S. Witcher 
 
 26 
 
 Merchant 
 
 I u 
 
 Cabell, 
 
 Cabell C. H. 
 
HOUSE OF DELEGATES— Continued. 
 
 © 
 
 y A 
 
 Names. 
 
 
 Occupation. 
 
 Nativity. County. 
 
 Postoffice. 
 
 51 
 
 William Workman.. 
 
 44 
 
 Farmer, 
 
 Virginia Boone, 
 
 Baldknob, 
 
 52 
 
 William B. Zinn 
 
 68 
 
 4 
 
 “ | Preston, 
 
 Reedsville, 
 
 
 CLERK, * 
 
 
 
 
 
 
 Wm. P. Hubbard... 
 
 22 
 
 Lawyer, 
 
 a ; 
 
 Wheeling, 
 
 
 ASSISTANT CLERK, 
 
 
 
 
 
 
 Andrew Johnson.... 
 
 23 
 
 Clerk, 
 
 a 
 
 (Wheeling, 
 
 
 COMMITTEE CLERKS, 
 
 
 
 
 I 
 
 
 George Cozad 
 
 24 
 
 Lawyer, 
 
 Ohio, 
 
 Buckhannon, 
 
 
 J. L. S. Hall. 
 
 23 
 
 Farmer, 
 
 Virginia 
 
 Fairmont, 
 
 
 Van B. Hall 
 
 31 
 
 Clerk, 
 
 4 4 
 
 Wheeling, 
 
 
 serg’t at arms, 
 
 
 
 
 
 
 S. G. W. Morrison.. 
 
 45 
 
 Foundryman 
 
 Marylnd 
 
 a 
 
 
 DOORKEEPER, 
 
 
 
 
 
 
 Joseph S. Wheat. ... 
 
 63 
 
 Tanner, 
 
 Virginia 
 
 Berkeley Springs. 
 
 
 ■ PAGES, 
 
 
 
 i 
 
 
 
 John W. Morrison... 
 
 15 
 
 Student, 
 
 a | 
 
 Wheeling. 
 
 
 John A. Fleming.... 
 
 15 
 
 a 
 
 a 
 
 Shinnston. 
 
 
 George W. Myers...! 
 
 13 
 
 u 
 
 “ i 
 
 Wheeling. 
 
 STANDING COMMITTEES. 
 
 SENATE. 
 
 Privileges and Elections. — Slack, Burdett, Chambers, Mahon, Peck. 
 Internal Improvements and Navigation. — Burley, Price, Slack, Hawkins, 
 Kitchen. 
 
 Judiciary. — Maxwell, Peck, Chapline, Burley, Slack. 
 
 Education. — Dix, Chapline, Maxwell. 
 
 Finance and Claims. — Burdett, Peck, Hawkins, Chapline, Kitchen. 
 Humane and Criminal Institutions. — Slack, Dix, Chambers, Maxwell, 
 Duval. 
 
 Banks and Corporations. — Chapline, Haymond, Burley, O’Brien, Wright. 
 Township and County Organization and Municipal Corporations. — Price, 
 Mahon, Peck, Corley, O’Brien. 
 
 Enrolled Bills. — Price, Duval, Kitchen. 
 
 Library. — Wright, O’Brien, Dix. 
 
 Executive Expenditures. — Burdett, Burley, Slack. 
 
 Military Affairs. — Duval, Corley, Burdett. 
 
 To examine Auditor's office , Treasurer's Accounts , and Bonds of Public 
 officers. — Wright, Chapline, Maxwell. 
 
 To examine Clerk's Office. — Hawkins, Corley, O’Brien. 
 
STANDING COMMITTEES— Continued. 
 
 HOUSE OF DELEGATES. 
 
 Elections and Privileges. — Fleming, Hornbrook, Rader, Kyle, McQuilkin. 
 
 Taxation and Finance. — Goff, Davis, Camden, Bell, -Beeson. 
 
 Military Affairs. — Curtis, Witcher, Johnson, Darnel, McWhorter. 
 
 Judiciary. — McWhorter, Hagans, Maxwell, Goff, Lockhart. 
 
 Education. — Trainer, Bristol', Curtis, Carroll, Riddle. 
 
 Counties , Townships and Municipal Corporations. — Cassady, Smith of 
 Berkeley, Combs, Hooker, Given. 
 
 Private Corporations and Joint Stock Companies. — Bell, McCurdy, Spencer, 
 Darnel. 
 
 Roads and Internal Navigation-Hagans, Spencer, Bristor, Mairs, Workman. 
 
 Forfeited and Unappropriated Lands. — Bee, Cook, Dyche, Cunningham, 
 Kellar. 
 
 Claims and Grievances. — Zinn, Williamson, Hinchman, Bennett. 
 
 Executive Offices. — Brown, Hinkle, Bristor, Beeson. 
 
 Humane and Criminal Institutions. — Camden, Stidger, Mairs, Cooper, 
 Hornbrook. 
 
 Printing and Contingent Expenses. — Smith of Hancock, Dolly, Fleming, 
 Koonce. 
 
 Arts , Sciences and General Improvements. — Koonce, Combs, Hagans, 
 Higgins. 
 
 Enrolled Bills. — Lockhart, Johnson, Witcher. 
 
 SPECIAL COMMITTEES. 
 
 Tempera, nee. — Cunningham, Stidger, Combs, Mairs, Hornbrook. 
 
 Baltimore and Ohio Rail Road. — Zinn, Bell, McWhorter, Camden, Spencer. 
 
 EXECUTIVE DEPARTMENT. 
 
 Governor — Arthur I. Boreman, of Wood county. 
 
 Auditor — Joseph M. McWhorter, of Roane county. 
 
 Treasurer. — Campbell Tarr, of Brooke county. 
 
 Secretary of the State. — Granville D. Hall, of Harrison county. 
 
 Attorney General. — Ephraim B. Hall, of Marion county. 
 
 Adjutant General. — Francis P. Peirpoint, of Ritchie county. 
 Quartermaster- General. — George W. Brown, of Preston county. 
 
 State Superintendent of Free Schools. — William R. White, of Marion co. 
 Commissioner of Immigration. — J. H. Diss Debar, of Doddridge county. 
 
 supreme court of appeals. 
 
 President. — Ralph L. Berkshire, of Monongalia. 
 
 Associate Judge • — James H. Brown, of Kanawha. 
 
 11 11 William A. Harrison, of Harrison. 
 
 Clerk. — Sylvanus W. Hall, of Marion. 
 
Senate Bill IST o. 1. 
 
 A BILL to explain and amend an act passed 
 November 16th, 1863, entitled “ An Act to 
 amend and re-enact the first section of an act 
 entitled ‘An Act concerning oaths and affirma- 
 tions, passed June twenty-sixth, eighteen hun- 
 dred and sixtv-three. 
 
 Whereas, doubts have arisen as to the proper 
 construction and intention of the said Act passed 
 November 16th, 1863, in its application to Attor- 
 neys at Law. 
 
 Be it therefore enacted by the Legislature of West 
 Virginia : 
 
 1. All attorneys at law, whether residents 
 
 2 or non-residents of this State, shall be deemed 
 
 3 and held to be officers of trust within the true 
 
 4 intent and provision of the said act, and shall 
 
 5 not be permitted to practice in any of the 
 
 6 courts, or before any judge, justice, recorder, 
 
 7 board or other tribunal of this State, without 
 
 8 having first taken and subscribed the oath 
 
 9 prescribed by the said Act, in addition to the 
 
 10 other oaths now required by law of such attor- 
 
 11 neys, and the said act, with this amendment, 
 
 12 is hereby declared to be re-enacted, so as oth- 
 
 13 erwise to read as heretofore. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 # 
 
 
 
 
 
 
 
 
 
 
 
 
 
Senate Bill USTo. 2 . 
 
 A BILL to prevent and punish the forcible or 
 unlawful obstruction of public justice. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1. The Circuit Courts, and especially the 
 
 2 Supreme Court of Appeals of West Virginia, 
 
 3 are alone authorized to interpret and determ- 
 
 4 ine the constitutionality of any law of the Leg- 
 
 5 islature of this State. 
 
 2. No officer in the lawful exercise or dis- 
 
 2 charge of his official duty under any law of the 
 
 3 Legislature, or any order or proclamation of 
 
 4 the Governor of this State, shall be deemed 
 
 5 personally responsible therefor (either civilly 
 
 6 or criminally) by reason of such law 7 , order, or 
 
 7 proclamation, being afterwards adjudged by 
 
 8 any Court of this State, to be unconstitutional 
 
 9 and void. 
 
 3. Any officer of this State, wdiose duty it is 
 
 2 to execute or enforce any law 7 of the Legisla- 
 
 3 ture, or any legal process or proceeding arising 
 
 4 thereunder, or any lawful order or proclamation 
 
 5 of the Governor of West Virginia, and who 
 
 6 shall wilfully neglect, or refuse to execute or 
 
 7 enforce the same, shall, for every such offense, 
 
 8 be deemed guilty of a misdemeanor, and upon 
 
 9 conviction thereof by a jury, shall be liable to 
 
 10 a fine of not less than fifty nor more than five 
 
 11 hundred dollars, and to imprisonment in the 
 
2 
 
 12 public jail of the county for not less than one 
 
 13 month nor more than one year, at the discre- 
 
 14 tion of the Court. 
 
 4. Any person who, by threats or menaces, 
 
 2 words, acts, letters, writings, public speeches, 
 
 3 printing, publishing, or otherwise, shall forci- 
 
 4 bly or illegally, hinder, obstruct or oppose, or 
 
 5 attempt to hinder, obstruct or oppose, any 
 
 6 officer of this State (whether civil or military) 
 7. in the lawful exercise or discharge of his offi- 
 
 8 cial duty, shall, for every such offense, dedeem- 
 
 9 ed guilty of a misdemeanor ; and on conviction 
 
 10 thereof by a jury, shall be liable to a fine of 
 
 11 not less than one hundred, nor more than one 
 
 12 thousand dollars, and to imprisonment in the 
 
 13 public jail of the county for not less than one 
 
 14 month, nor more than one year, at the discre- 
 
 15 tion of the Court. Provided , That nothing in 
 
 16 this act shall be construed as impairing or 
 
 17 affecting the right of any party, by proper 
 
 18 legal process or proceeding, before any court 
 
 19 or courts of this State, or any judge thereof, to 
 
 20 question or contest the validity or constitu- 
 
 21 tionality of any law of the Legislature, or any 
 
 22 process, judgment, or proceeding of any court, 
 
 23 judge, or other officer of this State, or any 
 
 24 order or proclamation of the Governor. 
 
Senate Bill ]STo. 3. 
 
 A BILL amending section 44 of chapter 100 of 
 the Acts of 1863. 
 
 Be it enacted by the Legislature of West Virginia : 
 That section forty-four of chapter one hundred 
 of the Acts of 1863, is hereby amended and re- 
 enacted, so as to read as follows : 
 
 44. When any vacancy exists in the office of 
 
 2 Judge of the Supreme Court of Appeals, or of 
 
 3 any circuit, or Secretary of the State, Auditor, 
 
 4 Treasurer, or Attorney General, the Governor 
 
 5 shall fill such vacancy by temporary appoint- 
 
 6 ment, which appointment shall continue until 
 
 7 the same be filled by an election to fill the same 
 
 8 at the next general election, after such vacancy 
 
 9 accrues, and until such person so elected shall 
 
 10 be duly qualified therein. The bond, if any be 
 
 11 required by law, to be given by the officer so 
 
 12 temporarily appointed, shall be in such pen- 
 
 13 alty as the Governor may direct, or may be 
 
14 
 
 15 
 
 10 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 26 
 
 27 
 
 28 
 
 29 
 
 30 
 
 31 
 
 32 
 
 33 
 
 2 
 
 dispensed with, if he so order. And if there 
 be any vacancy in the representation from this 
 State, in the Congress of the United States, the 
 Governor shall, within ten days after the fact 
 comes to his knowledge, give notice thereof by 
 proclamation, to be published in such newspa- 
 pers in the district where such vacancy may 
 occur, as he may deem best calculated to give 
 information thereof to the voters of such dis- 
 trict, and in such proclamation he shall ap- 
 point some day, not over sixty, nor less than 
 thirty days from the date thereof, for holding 
 the election to till such vacancy, which election 
 shall be held accordingly; and the Governor 
 shall issue writs of election, directed to the 
 Sheriffs ol the counties included in the said 
 Congressional district, and the Sheriffs, on the 
 receipt of the same, shall give notice to the 
 Supervisors and Inspectors of Elections of the 
 several townships of his county. 
 
Senate 13 ill ISTo. 4. 
 
 A BILL to amend an Act passed March 1st, 1865, 
 entitled “An Act in relation to the Statutes of 
 Limitation.” 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1. The act passed March 1st, 1865, entitled 
 
 2 “An Act in relation to the Statutes of Limita- 
 
 3 tion,” shall be amended and re-enacted so as 
 
 4 to read as follows : 
 
 “ In computing the time within which any 
 
 2 civil suit, proceeding or appeal, or any criminal 
 
 3 prosecution or proceeding, shall be barred by 
 
 4 any statute of limitations, the period from the 
 
 5 seventeenth day of April, eighteen hundred and 
 
 6 sixty-one, to the first day of March, eighteen 
 
 7 hundred and sixty-five, shall be excluded from 
 
 8 such computation.” 
 

 
 
 
 
 
 
 
 
 
 
 
Senate Bill USTo. 5. 
 
 A BILL to authorize the Board of Supervisors to 
 appoint a Surveyor of Roads for each road pre- 
 cinct in any County. 
 
 Be it enacted by the Legislature oj West Virginia : 
 
 1. The seventh section of the act passed 
 
 2 November thirteen, eighteen hundred and 
 
 3 sixty- three, (entitled “An Act to regulate elec- 
 
 4 tions by the people) directing a surveyor of 
 
 5 roads to be elected for each road precinct in 
 
 6 any township, is hereby changed so as to au- 
 
 7 thorize and require the board of supervisors 
 
 8 of every county to appoint a surveyor of roads 
 
 9 for each township precinct in the same, (in lieu 
 
 10 of any popular election therefor,) whose duties, 
 
 11 liabilities and term of office shall otherwise 
 
 12 remain as heretofore. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Senate Bill USTo. 6. 
 
 A BILL to amend and re-enact section 3d and 
 4th of chapter 102 of the Code of Virginia, 
 second edition. 
 
 Be it enacted by the Legislature of 1 Vest Virginia : 
 1. Section third and fourth of chapter one 
 
 2 hundred and two of the Code of Virginia, 
 
 3 second edition, be amended and re-enacted so 
 
 4 as to read as follows : 
 
 “3. Every person- shall so restrain his dis- 
 
 2 tempered cattle or sheep, or such as are under 
 
 3 his care, that they may not go at large off the 
 
 4 land to which they belong, and no person shall 
 
 5 drive any distempered cattle or sheep into or 
 
 6 through the State, or from one part thereof to 
 
 7 another, or over or across any public road in 
 
 8 the State ; and when any such cattle or sheep 
 
 9 shall die, the owner thereof or person having 
 
 10 them in charge shall cause them to be buried, 
 
 11 with their hides on, four feet deep. If any per- 
 
2 
 
 12 son shall offend against this section in any 
 
 13 respect, he shall forfeit four dollars for every 
 
 14 head of each cattle or sheep. 
 
 “ 4. Any justice, upon proof before him, that 
 
 2 any cattle or sheep are going at large, or are 
 
 3 driven in or through his county or township 
 
 4 in violation of the preceding section, may direct 
 
 5 the owner to impound them ; and if he fail to 
 
 6 do so, or suffer them to escape from the pound 
 
 7 before obtaining from a justice a certificate that 
 
 8 they may be removed with safety; the justice 
 
 9 giving such direction, or some other justice 
 
 10 shall order them to be killed and buried four 
 
 11 feet deep with their hides on, but so cut that 
 
 12 none may be tempted to take them up.” 
 
Senate Bill ISTo. 7 . 
 
 A BILL to authorize the sale of a lot in or near 
 the town of Martinsburg. 
 
 Whereas, Adam Stephens, the original proprie- 
 tor of the land upon which the town of Martins- 
 burg, in the county of Berkely, was established, 
 granted to the inhabitants of said town a lot situ- 
 ated on or near said town for school purposes ; and 
 whereas, by reason of its proximity to the Balti- 
 more and Ohio Railroad it has become unsuitable 
 as a site for a public school and for many years 
 has been abandoned as such ; 
 
 Be it enacted by the Legislature of West Virginia : 
 
 That the Mayor and Common Council of said 
 
 2 town be and they are hereby authorized to make 
 
 3 sales of said lot, at public or private sale as 
 
 4 they may deem best for the interests of the 
 
 5 inhabitants of said town, with full power to 
 
 6 execute and deliver a deed for the same. Pro- 
 
 7 vided however, that before the purchase money 
 
 8 or any part thereof shall be paid to the treas- 
 
 9 urer of said corporation, he shall execute a 
 
 10 bond to the said Mayor and Common Council 
 
 11 with satisfactory security, conditioned for the 
 
 12 safe keeping and proper disbursement of said 
 
 13 money. 
 

 
 
 
 
 
 
 
 
 * 
 
 . 
 
 
 
 
 * 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 f 
 
 
 
 
 
 
Senate Bill ]STo. S. 
 
 A BILL amending section 94 chapter 118, of the 
 Acts of 1863. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That section ninety four of an act entitled 
 
 2 “An Act to provide for the assessment of Taxes” 
 
 3 passed December 3, 1863, be amended and re- 
 
 4 enacted so as to read as follows: 
 
 1 94. Every assessor shall be entitled to re- 
 
 2 ceive in consideration of his services, to be paid 
 
 3 out of the county treasury as other claims 
 
 4 against the county are paid, a commission of 
 
 5 three per centum on the amount of taxes law- 
 
 6 fully assessed by him on persons and property 
 
 7 within the preceding twelve months. But 
 
 8 where taxes on persons and property asses- 
 
 9 sed in any district in a county exceed twenty 
 
 10 thousand dollars, the commission allowed on 
 
 11 the excess shall be two per centum ; and where 
 
 12 the said taxes assessed in any district in a city 
 
 13 or town exceed sixteen thousand dollars, the 
 
 14 commission allowed on the excess shall be one 
 
 15 and-a-half per centum. 
 

 
 
 
 , 
 
 ■ 
 
 
 
 
 
 
 
 ’ 
 
 
 - 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 f 
 
 . 
 
 
 
 
 
 
 
 ' 
 
 . 
 
 
 ■ 
 
 
 
 
 
 
Senate Bill ]N"o. 9. 
 
 A BILL to legalize the execution, acknowledg- 
 ment and recording of certain deeds in Monroe 
 County. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That the execution of the deed from 
 
 2 Robert Dunlap and Mary J. C. Dunlap his 
 
 3 wife, to Mary M. Harrison, wife of Nathaniel 
 
 4 Harrison of Monroe county, State of West Vir- 
 
 5 ginia, bearing date ‘the 14th day of October 
 
 6 1864, and admitted to record in the late county 
 
 7 court of Monroe county on the 6tli day of May 
 
 8 1865, and the acknowledgment, and the record- 
 
 9 ing of the same be, and the same is legalized, 
 
 10 and declared to be valid ; and also the deed 
 
 11 from George W. Hutchinson, special Commis- 
 
 12 sioner of the former circuit court of said county 
 
 13 of Monroe, to the said Mary M. Harrison, bear- 
 
 14 ing date the 2nd day of November 1864, and 
 
 15 admitted to record in the said county of Monroe, 
 
 16 on the 22d day of November 1864, is hereby 
 
 17 legalized and declared to be valid, and effectual 
 
 18 in law. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ' 
 
 
 
 
 
 
 
 
 . 
 
 * 
 
 
 » 
 
 
 ■ 
 
 . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Senate Bill USTo. 10. 
 
 A BILL securing Liens to Mechanics, Laborers and others. 
 
 Be it enacted by the Legislature, of West Virginia : 
 
 1 1. That every mechanic, builder, artisan, workman, la- 
 
 2 borer or other person, who shall do, or perform any work or 
 
 3 labor upon, or furnishing any materials, machinery or fixtures 
 
 4 for any building, erection or other improvement upon land, 
 
 5 including contractors, sub-contractors, material furnishers, 
 
 6 mechanics and laborers engaged in the construction of any 
 
 7 railroad, or other work of internal improvement, or for the 
 
 8 work or labor or work done on any steamboat or other water 
 
 9 craft, or materials furnished for the same, or for the repairing 
 
 10 of the same, under and by virtue of any contract with the 
 
 11 owner or proprietor thereof, his agent, trustee, contractor, 
 
 12 or sub-contractor, [upon complying with the provisions of this 
 
 13 Act, shall have for his work or labor done, or materials, ma- 
 
 14 chinery or fixtures furnished, a lien upon such building, erec- 
 
 15 tion or improvement, and upon the land belonging to such 
 
 16 owner or proprietor on which the same is situated, so secure 
 
 17 the payment of such work or labor done, or materials, ma- 
 
 18 chinery or fixtures furnished. 
 
 1 2. Every sub-contractor, wishing to avail himself of the 
 
2 benefits of this Act, shall give notice to the owner or propri- 
 
 3 etor, or his agent or trustee, before or at the time he furnish- 
 
 4 es any of the things aforesaid, or performs any of the labor, 
 
 5 of his intention to furnish or perform the same, and the prob- 
 
 6 able value thereof; and if afterwards the things are furnished, 
 
 7 or labor done, the sub-contractor shall settle with the con- 
 
 8 tractor therefor, and having made the settlement in writing, 
 
 » 
 
 9 the same signed by the contractor and certified by him to be 
 
 10 just, shall be presented to the owner or proprietor, or his 
 
 11 agent or his trustees, and left with him, and within thirty 
 
 12 days from the time the things shall have been furnished, or the 
 
 13 labor performed, the sub-contractor shall file with the recorder 
 
 14 of the county in which the building, erection, boat, water craft 
 
 15 or other improvement is situated, a copy of the settlement be- 
 
 16 tween him and the contractor, which shall be a lien on the 
 
 17 building, erection, boat, water-craft or other improvement, for 
 
 18 which the things were furnished, or for which the labor was 
 
 19 performed, and shall at the same time file a correct description 
 
 20 of the property to be charged with the lien, the correctness of 
 
 21 which shall be verified by affidavit. 
 
 1 3. If the contractor shall for any reason fail or refuse to 
 
 2 make and sign such settlement in writing with the sub-con- 
 
 3 tractor, when the same is demanded, then the sub-contracto- 
 
4 shall make a just and true statement of work and labor done, 
 
 5 or things furnished by him, giving all credits, which he shall 
 
 6 present to the owner or proprietsr, or his agent or trustee, and 
 
 7 shall also, within thirty days, file a copy of the same, verified 
 
 8 by affidavit, with the recorder of the county in which the 
 
 9 building, erection, boat or other improvement may be situated, 
 
 10 together with a correct description of the property to be 
 
 11 charged with the lien. 
 
 1 4. The certificate of settlement made as aforesaid, or the 
 
 2 statement of the sub-contractor, shall be a justification to the 
 
 3 employer in withholding from the contractor the amount ap- 
 
 4 pearing thereby to be due to the sub-contractor, until he is 
 
 5 satisfied that the same has been paid, and the employer shall 
 
 6 become the surety of the contractor to the sub-contractor for 
 
 7 the amouut due for such work and labor or things furnished, 
 
 8 not, however, exceeding the value thereof as notified under 
 
 9 section second. 
 
 Vi 
 
 1 5. The notices mentioned shall be served as other notices 
 
 2 are directed to be served. 
 
 1 6. It shall be the duty of every person, except as has been 
 
 2 provided for sub-contractors, who wishes to avail himself of the 
 
 3 provisions of this act, to file with the recorder of the county in 
 
 4 which the building, erection, or other improvement, to be 
 
4 
 
 5 charged with the lien, is situated, and within ninety days after 
 
 6 the things aforesaid shall have been furnished, or the work and 
 
 7 labor done, or performed, a just and true account of the 
 
 8 demand due or owing to him, after allowing all credits, and 
 
 8 containing a correct description of the property to be charged 
 
 9 with said lien, and testified by affidavit. 
 
 1 7. It shall be the duty of the recorder of the county to 
 
 2 endorse upon every account the date of its filing, and record 
 
 3 the same in a book by him to be kept for that purpose, to be 
 4. called “The Mechanic’s Lien Record,” properly indexed, and 
 
 5 he shall state the time of the filing of the same, the description 
 
 6 of the property to be charged by the said lien, and shall, when 
 
 7 duly required, enter satisfaction on the same, for which said 
 
 8 recorder shall receive in each case the sum of $ , to be 
 
 9 paid by the person imposing the lien, which shall be taxed and 
 
 10 collected as other costs, in case there be a- suit thereon. 
 
 1 8. Where there are several contractors under the same em- 
 
 2 ployer, for the building or erection, or other improvement, or 
 
 3 for work or labor, or for things furnished for the same erection 
 
 4 or improvement, where the work, labor and materials are 
 
 5 necessary towards the completion of the same, the said several 
 . 6, lienors shall have no priority of lien for such w;ork and labpr, 
 
 7 or materials, furnished ;■ and if- the said structure and the ground 
 
5 
 
 8 on which the same is situated, be not sufficient to pay the 
 
 9 expense of the whole structure, the said laborers and material 
 10 men shall be paid pro rata. 
 
 1 9. The entire land upon which any such building, erection, 
 
 2 or other improvement is situated, including as well that part 
 8 of said land which is. not covered with such building, erection, 
 
 4 or other improvement, shall be subject to all liens created by 
 
 5 this act, to the extent, and only to the extent, of ail the right, 
 
 6 title, and interest, owned therein by the owner or proprietor of 
 
 7 such building, erection, or other improvemsnt, for whose 
 
 8 immediate use or benefit such labor was -done or things were 
 
 * 
 
 9 furnished ; and when the interest owned in said land, by 
 10 such owner or proprietor of such building, erection, or other 
 
 12 improvement, is only lease, not. interest, the forfeiture of such 
 
 13 lease for the non-payment of rent, or for non-compliance with 
 
 14 any othor stipulations therein, shall not forfeit or impair such 
 
 15 liens, so far as it concerns the building, erection and improve- 
 
 16 ment thereon, put by such owner or proprietor, charged with 
 
 17 such lien, but such building, erection, or improvement may be 
 
 18 sold to satisfy such lien, and be moved within thirty days 
 
 19 thereafter to sale by the undertaker. 
 
 1 10. Tne lien for the things aforesaid, or work, shall attach 
 
 .2 to. the building, erection, or improvement, for which they fur- 
 
6 
 
 3 nished, or the work was done in preference to any prior lien 
 
 4 or incumbrance, or mortgage or deed of trust, upon the land 
 
 6 upon which said building, erection, or improvement, have been 
 
 7 erected or put : and any person enforcting such lien, may have 
 
 8 such building, erection, or improvement sold, and the purchaser 
 
 9 may vendue the same within a reasonable time thereafter. 
 
 1 11. Any person having a lien under, or by virtue of this 
 
 2 act, may file a bill in chancery to enforce the same ; and any 
 
 3 other person having a lien thereon, may file his petition in the 
 
 4 said case and be made defendant therein, and make his claim 
 
 5 in the same manner as though he had been plaintiff in the case, 
 
 6 according to the practice in courts of chancery. 
 
 1 12. In case of death of any of the parties, whether before 
 
 2 or after suit, the personal representative of such deceased 
 
 3 party shall be made the plaintiff, or defendant, as the case may 
 
 4 require. 
 
 1 13. All persons furnishing things or. doing work provided 
 
 2 for by this act, shall be considered sub- contractors, except such 
 
 3 as therefor have contracted singly with the owner, proprietor, 
 
 4 his agent or trustee. 
 
 1 14. Nothing herein containedshall be so construed as to give 
 
 2 a sub-contractor or laborer a lien for any amount greater than 
 
1 
 
 3 that originally contracted for between the employer and con- 
 
 4 tractor. 
 
 1 15. No person who shall take colateral security for the 
 
 2 payment of the money for any structure, shall be entitled to 
 
 3 the lien provided iu this act, but the taking the note or bill of 
 
 4 exchange of the party liable shall not be construed suich 
 
 5 security. 
 
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Senate Bill No. 11. 
 
 A BILL to incorporate the Jonathan’s Gant and 
 Glenn’s Run Turnpike Company. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That it shall be lawful to open books for 
 
 2 receiving subscriptions to an amount not ex^ 
 
 3 ceeding fifteen thousand dollars, divided into 
 
 4 shares of twenty-five dollars each, to constitute 
 
 5 a joint capital stock for constructing a turn- 
 
 6 pike road from Jonathan’s Gaut, at the north 
 
 7 end of Main street of the city of Wheeling, to 
 
 8 Glenn's Run, in Ohio county and State of West 
 
 9 Virginia ; to be located on or near or on the 
 
 10 track of the road surveyed by order of the said 
 
 11 Ohio county, through the lands of the late 
 
 12 Andrew P. Woods and others, and on record 
 
 13 in the said county, by and with the consent of 
 
 14 the supervisors of the said county. The said 
 
 15 books shall be opened under the direction of 
 lb Robert Crangle, George T. Tingle, Joseph Bell, 
 
 17 Alexander M. Jacob and David Garden, or 
 
 18 any two of them, for the purpose of receiving 
 
 19 subscriptions, and when two thousand dollars 
 
 20 shall have been subscribed by responsible 
 
 21 persons, bona fide, then the said subscribers 
 
2 
 
 22 shall be incorporated by the name of the Jona- 
 
 23 than’s Gant and Glenn’s Run Turnpike Com- 
 
 24 pany. 
 
 1 2. Said turnpike road shall be opened not 
 
 2 less than twenty-seven feet wide, provided the 
 
 3 said company shall not be compelled to pave 
 
 4 or gravel the side walks of the said road, and 
 
 5 said company may cover the said road with 
 
 6 such material as may be ordered by the diree- 
 
 7 tors of the same ; but said corporation shall 
 
 8 be subject to the provisions of the Code in re- 
 
 9 lation to turnpike companies. 
 
 1 3. The said corporation shall elect a board of 
 
 2 directors for the management of the affairs of 
 
 3 the said road, and make such by-laws and 
 
 4 regulations as may be necessary for the govern- 
 
 5 ment of the same. 
 
 1 4. The said corporation may erect a gate on 
 
 2 said road, above the ferry, known as the Mar- 
 
 3 tinsville ferry, and may charge and collect tolls 
 
 4 thereon allowed by law, and said tolls shall be 
 
 5 applied first to keeping the road in good repair 
 
 6 before any dividend shall be made to the stock- 
 
 7 holders. 
 
Senate Bill HSTo. 12. 
 
 A BILL to authorize the Judge of the Ninth Judi- 
 cial Circuit of West Virginia to till official va- 
 cancies in his Circuit. 
 
 1 Whereas, In the five counties comprising the 
 
 2 Ninth Judicial Circuit of West Virginia, to-wit: 
 
 ■ 3 the counties of Pocahontas, Greenbrier, Mon- 
 
 4 roe, Mercer and McDowell, in consequence of 
 
 5 rebel opposition and resistance to the law, the 
 
 6 organization of the government and the estab- 
 
 7 lishment of civil law have been, and are still 
 
 8 greatly obstructed and retarded, to the preju- 
 
 9 dice of public justice, and the inconvenience of 
 10 the people generally. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That it shall be lawful for the judge of 
 
 2 the said circuit, by appointment under his hand 
 8 and seal, to fill any and all vacancies now ex- 
 
 4 isting, or which may hereafter occur, in any of 
 
 5 the offices, whether county or township, (with 
 
9 
 
 6 the exception of members of the Senate and 
 
 7 House of Delegates,) in the said counties of 
 
 8 Pocahontas, Greenbrier, Mercer and McDowell, 
 
 9 or any thereof ; and the officers so appointed 
 
 10 by the said, judge, being otherwise legally quali- 
 
 11 fied, shall continue in office, (unless sooner 
 
 12 removed therefrom,) until their successors are 
 
 13 duly elected and qualified according to law. 
 
Senate Bill !N"o. 18. 
 
 A BILL for the relief of James A. Ewing. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 The Board of Supervisors of Wood county 
 
 2 are hereby required to pay to James A. Ewing, 
 
 3 out of the school fund, by order on the treas- 
 
 4 urer thereof, such allowance as justice may re- 
 
 5 quire, for services rendered as county superin- 
 
 6 tendent of free schools for said county. 
 

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Senate Bill No. 14. 
 
 A BILL to provide for the recovery of specific personal property. 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That a suit may be instituted in any circuit court of this 
 
 2 State, or before any justice of the peace thereof, for the re* 
 
 3 covery of specific personal property, as follows : The party, 
 
 4 his agents or attorney, desiring to commence an action for the 
 
 5 recovery of specific personal property, shall file with the clerk 
 
 6 of the circuit court, or if the proceedings are before a justice 
 
 7 of the peace, with such justice, a declaration or statement in 
 
 8 writing, describing with reasonable certainty the property in 
 
 9 controversy, stating its value, setting forth that the right of 
 
 10 property, or some interest therein superior to that of the defen- 
 
 11 dants in the plaintiff; that he is entitled to immediate posses- 
 
 12 sion of the same ; that the defendant wrongfully detains such 
 
 13 property, and also the probable amount of damages to the 
 
 14 plaintiff for such detention. * 
 
 1 2. The clerk of the court, or justice, shall thereupon endorse 
 
 2 upon such declaration or statement in writing, a summons 
 
 3 requiring the defendent to appear and answer the plaintiffs 
 
9 
 
 4 action as in other summons commencing suits in a circuit court, 
 
 5 or before a justice of the peace. 
 
 1 3. Such declaration or statement in writing with the sum- 
 
 2 mons aforesaid endorsed thereon, shall be served by the sheriff, 
 
 3 if in the circuit court, if before a justice or a constable, by 
 
 4 delivering a copy thereof to such defendant, and making his 
 
 5 return on the declaration as in the case of other summonses. 
 
 1 4. The plaintiff, his agent or attorney, at the time of com- 
 
 2 mencing such suit, or at any time thereafter before trial, may 
 
 3 have immediate possession of such specific personal property 
 
 4 upon condition as follows : 
 
 1 5. The plaintiff, his agent or attorney, shall file an affidavit 
 
 2 with the clerk or justice, showing, 1st. A description of the 
 
 3 property claimed ; 2d, that the plaintiff is the owner of the 
 
 4 property, or has some specific ownership or interest therein 
 
 5 superior to that of the defendant ; and that he is entitled to 
 
 6 the immediate possession of the property ; 3, that the property 
 
 7 is wrongfully detained by the defendant ; 4th, that it was not 
 
 8 taken in execution on any order or judgment against said 
 
 9 plaintiff, or for the payment of any tax, fine or assessment 
 10 assessed against- him or by virtue of an order of delivery herein- 
 
11 after provided in this act, or any other measure or final process 
 
 12 issued against the plaintiff. 
 
 1 6. The plaintiff shall also at the time of filing such affidavit, 
 
 2 give bond with security approved by the clerk or justice, in a 
 
 3 penalty of at least double the value of the property claimed, 
 
 4 but in a sum never less than fifty dollars, with condition to pay 
 
 5 all costs and damages, which may be awarded against him, or 
 
 6 sustained by any person by reason of such suit, and to have 
 
 7 such property forthcoming to answer any judgment decree or 
 
 8 order of the court respecting the same; provided that the 
 
 9 defendent may still retain such property in his possession, if 
 
 10 within forty-eight hours after the officer’s levy thereon, by 
 
 11 virtue of the order hereinafter mentioned, he execute and file 
 
 12 a bond with sureties approved by the clerk or justice, payable 
 
 13 to the plaintiff’ in at least double the value of the 
 
 14 property set forth in the plaintiff’s declaration or statement, 
 
 16 conditioned to have the property forthcoming at such time, and 
 
 17 place as the court or justice may require, or to perform the 
 
 18 judgment, decree or order of the court, or justice in such suit. 
 
 19 Upon the filing of the bond and affidavit by the plaintiff, the 
 
 20 clerk or justice shall make an order directing the sheriff or 
 
4 
 
 21 constable of the county or corporation, to deliver him the 
 
 22 property described in his declaration or statement in writing. 
 
 1 T. Such order shall be executed by the said officer by taking 
 
 f 
 
 2 possession of the property specified in the declaration or state- 
 
 3 ment, and keeping the same in his custody for forty-eight hours ; 
 
 4 when if the defendant have filed his bond as hereinbefore 
 
 5 mentioned the officer shall redeliver to him the property so 
 
 6 verified, but if the defendant have not filed said bond, the 
 
 7 property shall be delivered to the plaintiff. 
 
 1 8. The sheriff or other officer in executing such order, may 
 
 2 break open any house, stable, out-house or other building, or 
 
 3 recepacle in which such property is concealed or kept in, or 
 
 4 to seize the same, having first made demand of said property 
 
 5 and of entrance into the same. Either plaintiff or defendant 
 
 6 to such suit may be reasonable to the other, move the court, 
 
 7 or the judge thereof in vacation, or the justice before whom 
 
 8 such suit is instituted, for an order to repossess such property, 
 
 9 on account of the insufficiency; and the court, or judge thereof 
 
 10 in vacation, or justice may make such order in the case as may 
 
 11 be just and equitable to all parties interested therein. 
 
1 9. All trials by virtue of this act, for the recovery of speci- 
 
 2 fic personal property, shall be constructed and determined 
 
 3 according to the laws of this State not inconsistent with the 
 
 4 provisions of this act, and verdicts rendered therein, according 
 
 5 to the very right and equity of the case, and judgment shall 
 
 6 be entered against the party cast, and if he have given bond, 
 
 7 such judgment shall also be entered against the security, and 
 
 / 
 
 8 shall thereafter have the same force and effect against such 
 
 9 parties as judgments in other cases. 
 
 1 10. On judgment in suits for the recovery of specific per- 
 
 2 sonal property under this act, a writ or order of possession 
 
 3 may issue for such specific personal property in favor of the 
 
 4 party entitled thereto by judgment ; and a writ of fieri facias 
 
 5 may also issue for his damages and costs, or on every such 
 
 6 judgment, at the option of the party entitled thereto, a writ of 
 
 7 fieri facias may issue for the alternative value of such proper- 
 
 8 ty, (instead of a writ or order of possession,) and damages and 
 
 9 costs ; provided, that in every case where a party before trial 
 
 10 may have obtained possession of the property in controversy 
 
 11 by virtue of any order or writ hereinafter mentioned, on judg- 
 
6 
 
 12 ment in his favor, a writ or order of possession only may issue, 
 
 13 and a writ of fieri facias for his damages and costs. 
 
 1 11. Every writ of fieri facias issued under this act shall be 
 
 2 levied upon the goods and chatties of the party cast, and if 
 
 3 such party have given bond as hereinafter provided, the fifa 
 
 4 may also, at the option of the party in whose favor the execu- 
 
 5 tion is issued, be levied upon the goods and chatties of his 
 
 6 surety on such bond, and the officer shall proceed, as at law, in 
 
 7 the case of executions, to make the money required out of the 
 
 8 estate of the* principal first, supplying any deficiency out of the 
 
 9 estate of the surety. 
 
 1 12. In no case shall the provisions of this act be deemed to 
 
 2 authorize the commencement of suits before a justice of the 
 
 3 peace, where the property in controversy is of more than one 
 
 4 hundred dollars in value, and in cases before a justice an ap- 
 
 5 peal shall be to the circuit court, according to the law regula- 
 
 6 ting appeals from justices. 
 

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Senate Bill ISTo. 15. 
 
 A BILL to incorporate the Wayne County Coal and Iron Rail- 
 way Company. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. Richard Decker, Charles H. Reynolds, George W. 
 
 2 Gasherie of the city of New York, John P. Yerree of Philadel- 
 
 3 phia, Milton Sheldon, Z. D. Ramsdell, Henry A. Baker, 
 
 4 Lucien Ayer, Hamilton Mills of Wayne county, West Vir- 
 
 5 ginia, John Bromley, M. J. Ferguson, George W. Gallup, 
 
 6 of Louisa, Kentucky, Thomas S. Jordan, of Greenup county, 
 
 7 Kentucky, and their associates, successors and assigns, and all 
 
 8 who shall hereafter become stockholders, whenever five thous- 
 
 9 and shares of the capital stock as hereinafter provided, shall 
 
 10 have been subscribed ; are hereby created and made a body 
 
 11 politic and corporate by the name of the “Wayne county Coal 
 
 12 and Iron Railway Company, 5 ’ and by that name shall have 
 
 13 perpetual succession, and shall be in law and equity capable of 
 
 14 suing and being sued, pleading and being impleaded in all 
 
 15 courts whotsoever ; and also of contracting and being contract- 
 
 16 ed with in all matters relative to the objects of the said 
 
 17 corporation ; and may have a common seal, and may change 
 
2 
 
 18 and alter the same at pleasure, and shall have full power to 
 
 19 make rules and by-laws for the regulation and management of 
 
 20 said corporation, not inconsistent with the laws of this State, 
 
 21 or of the United States. 
 
 1 2. The capital stock of said company ; shall be two million 
 
 2 dollars in shares of fifty dollars each ; books to be opened by 
 
 3 the said corporators or any three of them, to receive subscrip- 
 
 4 tions to the said capital stock, within one year after the passage 
 
 5 of this act, at Ceredo, West Virginia, New York, Philadelphia, 
 7 or any other places they may designate. 
 
 1 3. The business of said company shall be under the direction 
 
 2 and superintendence of a board of seven directors, to be elected 
 
 3 annually by the stockholders; the said board shall at their first 
 
 4 meeting after each election choose one of their number as 
 
 5 President of the board, and such other officers as they may 
 
 6 deem necessary for the management of the business of the 
 
 7 company. At all elections for officers, or otherwise, each 
 
 8 stockholder shall have one vote for every share ol stock held 
 
 9 by him, and in case of a vacancy in the board of directors such 
 
 10 vacancy shall be filled by the board from among the stock- 
 
 11 holders. 
 
 1 4. The said company by its president, directors, agents and 
 
 2 servants shall have the right to lay out build and construct a 
 
3 
 
 3 railway with a single or double track, with all necessary 
 
 4 switches and turnouts ; commencing on the Ohio river at or 
 
 5 near Ceredo in the county of Wayne, and extending by the 
 
 6 most practicable route in said county to or near the forks of 
 
 7 Twelve Pole river, thence up the valley of the Left Hand fork 
 
 8 of the said Twelve Pole river to Cove creek, and Fourteen mile 
 
 9 creek to the Guyandotte river, with full power to construct 
 
 10 such lateral branches to said railway as they may deem neces- 
 
 11 sary, and with full power to construct the nec3ssary bridges 
 
 12 across streams wholly within this State, but in such a manner 
 
 13 as not to obstruct the navigation thereof. And said railway 
 
 14 and its branches when completed shall be a public highway, for 
 
 15 the conveyance of passengers and the transportation of freight 
 
 16 of every description, subject to the provisions of chapters 56, 
 
 17 57 and 61 of the code of Virginia, second edition. 
 
 1 5- The said company are authorized to borrow money not 
 
 2 exceeding one million five hundred thousand dollars, and issue 
 
 3 bonds with coupons attached bearing interest not exceeding 
 
 4 seven per centum per annum, and to mortgage any part or all 
 
 5 of their property to secure the payment of the same. 
 
 1 6. The said company are authorized and empowered to 
 
 2 purchase and hold in fee simple or any less right, lands not 
 
 3 exceeding one hundred thousand acres, and to sell, lease, 
 
4 
 
 4 mortgage or otherwise dispose of the same at their pleasure, 
 
 5 and make proper conveyances therefor. 
 
 1 7. For the purpose of laying out and locating their railway 
 
 2 and its branches the president and directors, their engineers 
 
 3 and employees, are authorized to enter upon and pass through 
 
 4 and over any lands on the contemplated route, and to occupy 
 
 5 the same as long as they may deem it necessary for locating 
 
 6 said railway. But the said company in constructing said road, 
 
 7 its branches, depots, or stations shall not open any enclosure 
 
 8 or in any manner injure the property of the owner, or occupant 
 
 9 thereof without his consent, or invade the dwelling house or 
 
 10 any space within forty feet thereof without like consent. And 
 
 11 where the line of said road has been located, if the owners of 
 
 12 the said lands and the officers, and agents of said company 
 
 13 cannot agree upon the value of the lands appropriated by said 
 
 14 company, for the location of said railway, its depots, ware 
 
 15 houses, and stations, the said company may have and hold the 
 
 16 said lands for their use in the manner following, to wit : The 
 
 17 said company shall make out a particular description in writing 
 
 18 of the lands of each proprietor, and file it in the clerk’s office 
 
 19 of the circuit court of the county in which the lands are located, 
 
 20 stating therein the sum they propose to pay therefor, and also 
 
5 
 
 21 to file therewith a bond with sureties to the satisfaction of the 
 
 22 judge of said court conditioned to payjall that may be recover- 
 
 23 ed against them as hereinafter provided, and thereupon they 
 
 24 may enter upon and take possession of the said lands and at 
 
 25 once appropriate the same for the purposes designated in the 
 
 26 said description, provided however that the lands appropriated 
 2T for the track of said road shall not exceed sixty feet in width, 
 
 28 except in case of cuts or fills where the width may be one 
 
 29 hundred and forty feet, and the owner of said land or his agent 
 
 30 may file with the said clerk his claim therefor, in which shall 
 
 31 be stated the sum demanded for said land, and the court shall 
 
 32 thereupon appoint five disinterested persons any three of whom 
 
 33 may act, for the purpose of ascertaining a just compensation 
 
 34 for said land. After said appointment is made the sheriff shall 
 
 35 summon the said viewers to meet on said land at such time as 
 
 36 he may appoint, giving at least ten days notice to the parties 
 
 37 interested. The viewers shall be sworn by the sheriff that 
 
 38 they and each of them will fairly and impartially assess, fix 
 
 39 and determine the amount said railway company shall pay 
 
 40 for the use of said land, if any, beyond the benefits to result to 
 
 41 said owner from the construction of said railway; they shall 
 
 42 make their assessment and report in writing and sign the same, 
 
 43 the said report shall be certified by the sheriff, and shall 
 
6 
 
 44 contain a statement of the facts upon which it is founded, and 
 
 45 their reasons for allowing such compensation, and on the first 
 
 46 day of the next term of said court after the return of said 
 
 47 report, the judge of the said court shall direct judgment to be 
 
 48 entered upon said report if no exceptions be taken and filed 
 
 49 thereto by either party, but if exceptions be filed the court shall 
 
 50 decide according to the evidence before it, and after judgment 
 
 51 upon said report, the company shall hold the said land by an 
 
 52 absolute and indefeasible title. The judge shall have power 
 
 53 to determine or order which party shall pay the cost of such 
 
 54 proceeding. 
 
 1 8. Any stockholder may assign and transfer his stock on 
 
 2 the books of the company, or by attorney duly authorized so 
 
 3 to do, and the assignee, under such assignment and transfer, 
 
 4 shall thereby become liable to said company for all unpaid 
 
 5 assessments on said stock, and the previous stockholder shall 
 
 6 be released from further liability therefor, and no stockholder’s 
 
 7 individual property shall be liable for the debts of the company. 
 
 1 9. This act shall be in force from its passage, but shall ter- 
 
 2 minate and be void if the said company be not organized with- 
 
 3 in two years, and in good faith commence operations on said 
 
 4 railway within four years, and finish at least fifteen miles there- 
 
 5 of within ten years from the date of the passage of this act. 
 

 
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Senate Bill ISTo. 16. 
 
 A BILL to incorporate the Marshall Institute and 
 Library Association of Moundsville. 
 
 Be it enacted by the Legislature of West Virginia: 
 
 1 1. That William Walker, J. W. Gallaher, 
 
 2 Hanson Criswell, N. K. Shattuck, John W. Ney, 
 
 3 John Gilmor, T. B. Hughes, John Bell, John 
 
 4 M. Bell, S. T. Armstrong, W. J. Purdy, John 
 
 5 Lorain, Wm. Blake, E. W. Woods and such 
 
 6 other persons as are now, or may hereafter be- 
 
 7 come members, shall be and they are hereby 
 
 8 created and made a body politic and corporate, 
 
 9 by the name, style and title of the Marshall 
 
 10 Institute and Library Association of Mounds- 
 
 11 ville, and by that name shall have contined 
 
 12 succession, plead and be impleaded, defend and 
 
 13 be defended in any court of law or equity in 
 
 14 this State or elsewhere, and to make, have and 
 
 15 use a common seal, and the same to alter or 
 
 16 renew at their pleasure. 
 
 1 2. That the said Institute and Association 
 
2 
 
 2 shall have power to elect annually, a president, 
 
 3 vice-president, secretary, treasurer, librarian 
 
 4 and execution committee; to hold meetings, to 
 
 5 establish and put into executive, alter or 
 
 6 abolish such by-laws, rules and regulations as 
 
 7 to them shall seem most conducive to the in- 
 
 8 terests of the institute and association ; Pro- 
 
 9 vided, the same be not contrary to the laws of 
 
 10 the State, or of the United States ; to purchase 
 
 11 and hold a library, and to purchase, receive, 
 
 12 hold and dispose of any other property, real or 
 
 13 personal, not at any time exceeding in amount 
 
 14 fifty thousand dollars ; and generally to do any 
 
 15 other matter or thing necessary to carry into 
 
 16 effect the objects of the institute and associa- 
 
 17 tion. 
 
 1 3. That nothing in this act shall be so constru- 
 
 2 ed as to authorize the said corporation to issue 
 
 3 any note, scrip, device or other evidence of debt 
 
 4 to be used as a currency. 
 
Senate Bill ISto. 1 7 . 
 
 A BILL to admit testimony of interested parties 
 in civil actions. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That no person shall he disqualified as a 
 
 2 witness, in any civil action or proceeding, by 
 
 3 reason of his interest in the event of the same, 
 
 4 as a party or otherwise, or by reason of his 
 
 5 conviction of a crime; but such interest or 
 
 6 conviction may be shown for the purpose of af- 
 
 7 fecting his credibility. 
 
 1 2. No party to a civil action shall be allow- 
 
 2 ed to testify, by virtue of this act, in any 
 
 3 action when the adverse party is a guardian, 
 
 4 executor or administrator, except in the follow- 
 
 5 ing cases, viz. 1st, In action with an executor 
 
 6 administrator or guardian, a party may testify 
 
 7 to facts which occurred after the death of the 
 
 8 decedent or parent; 2d, In actions upon con- 
 
 9 tracts by deceased persons, through agents, 
 
 10 and in which the agent shall testify, a party 
 
 11 may testify to all that transpired between him 
 
 12 and the agent, in relation to such contract and 
 
 13 the making thereof; 3d, In actions with an 
 
 14 executor, administrator or guardian in which 
 
15 the claim or defense is founded on book account, 
 
 16 the party may testify to his book account, that 
 
 17 the same is a book of original entries, that the 
 
 18 entries in the same were made by himself, or 
 
 19 by a disinterested person non-resident of the 
 
 20 county at the time of trial. 
 
 1 3. That it shall be competent for any court 
 
 2 of justice, upon the trial of any action wherein 
 
 3 any claim or defense is founded on book account, 
 
 4 upon proof of the death of the party in interest 
 
 5 making the original entries in such book of 
 
 6 account, and that the entries are in his hand- 
 
 7 writing; to admit such book of original entries 
 
 8 as evidence ; and if the original entries in said 
 
 9 book of accounts, have been made by a disin- 
 
 10 terested person, who at the time of said trial 
 
 11 is deceased, or a non-resident of the county, in 
 
 12 proof of such decease or non-residence and that 
 
 13 the said entries are in the handwriting of such 
 
 14 person, it shall be competent to admit said 
 
 15 book of original entries as evidence, the right 
 
 16 to be given to such evidence in either case 
 
 17 however, being left to the jury or court to 
 
 18 determine. 
 
Senate [Bill ISTo. 18 . 
 
 A BILL to amend an act exempting certain prop- 
 erty from execution or other process. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 That section first of chapter 29 of the 
 
 2 acts of the second session of the legislature of 
 
 3 West Virginia, passed March 1st, 1864; be 
 
 4 amended and re-enacted to read as follows : 
 
 5 “1. Any husband or parent, residing in this 
 
 6 State, may set apart his personal estate not 
 
 7 exceeding two hundred dollars in value, to be 
 
 8 exempt from execution or other process. And 
 
 9 any property, personal or real, belonging to a 
 
 10 married woman at the time of her marriage, or 
 
 11 come to her afterward, by deed, gift, convey- 
 
 12 ance or otherwise, or by the result of her 
 
 13 separate earnings, or profits arising from her 
 
 14 property, shall not be liable to be taken on 
 
 15 execution, or other process to satisfy the debts 
 
 16 of her husband. 
 

 
 
 
 
 
 
 
 
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Senate Bill ISfo. 19. 
 
 A BILL for the relief of William E. Lyon. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. It shall be lawful for Wm. E. Lyon, his 
 
 2 heirs and assigns, to erect and continue a mill 
 
 3 dam across Ten Mile creek, on his land in Har- 
 
 4 rison county, at or near where a dam was erec- 
 
 5 ted by Charles Gains, which dam was erected 
 
 6 by the authority of the county court of Harri- 
 
 7 son county, under its order made on the 9th 
 
 8 day of September, 1852, which order was made 
 
 9 upon the return of a jury of inquest in pursu- 
 it) ance of a writ of ad quod damnum , sued out of 
 
 11 the clerk’s office of said court at the instance 
 
 12 of said Gains. 
 
 1 2. Nothing in this act shall be so construed 
 
 2 as to authorize said Lyon, or any person under 
 
 3 him, to obstruct the navigation, or the passage 
 
 4 of fish, to a greater extent than the same was 
 
 5 obstructed by the former dam erected by said 
 
 6 Gains. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Senate Bill HSTo. 20. 
 
 A BILL to protect State and local bounties for 
 Volunteers in the service of the United States 
 and of this State, against attachment and levy 
 for Debt. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. No bounty heretofore provided by this 
 
 2 State, or any county, township or other organi- 
 
 3 zation thereof, for soldiers who volunteered in 
 
 4 the service of the United States, or of this 
 
 5 State, nor any security for such bounty shall 
 
 6 be, in any way, liable to attachment or other 
 
 7 process for the payment of any debt, claim or 
 
 8 contract made by, or arising against the soldier 
 
 9 for whom such bounty may have been provided 
 10 previous to his enlistment. 
 
Senate JBill ]STo. SO. 
 
 A BILL to amend the Charter of the West Virgin- 
 ia Central Railway Company. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. The West Virginia Central Railroad Com- 
 
 2 pany shall have the right to construct and 
 
 3 operate a railroad from Charleston, Kanawha 
 
 4 county, West Virginia, to Covington, or the 
 
 5 State line near Covington, on the route survey - 
 
 6 ed by the Covington and Ohio railroad com- 
 
 7 pany, with all the rights and privileges incident 
 
 8 thereto, together with full possession of all the 
 
 9 rights of every name and nature which the State 
 
 10 of West Virginia now have in and to the fran- 
 
 11 chise known as the Covington and Ohio rail 
 
 12 road, and the same shall be conveyed to the 
 
 13 said West Virginia Central Railway, in fee 
 
 14 simple. 
 
 1 1. The State of West Virginia shall also re- 
 
 2 linquish to the West Virginia Central Railway 
 
 3 Company all the stock of the West Virginia 
 
 4 Central Railroad which the State now holds ; 
 
 5 and all laws and sections of laws to the con- 
 
 6 trary, shall be, and the same are hereby re- 
 
 7 pealed. 
 
1 3. The above and foregoing sections 1 and 2, 
 
 2 are upon the condition that the West Virginia 
 
 3 Central Railway Company, or such other com- 
 
 4 pany as they shall consolidate with, shall build 
 
 5 and fully equip a first class railroad from Cov- 
 
 6 ington to the Ohio river, work on which shall 
 
 7 be commenced within sixty days after the pas- 
 
 8 sage of this act, and vigorously prosecuted un- 
 
 9 til completed, within the space of five years 
 10 from January 1st, 1866. 
 
 1 4. The West Virginia Central Railway Com- 
 
 2 pany shall have power to consolidate with any 
 
 3 line of railroad chartered by the State of Vir- 
 
 4 ginia, which shall be organized under terms, to 
 
 5 possess all the franchises of the Covington and 
 
 6 Ohio Railroad in the State of Virginia, to com- 
 
 7 plete the entire road to the Ohio river. 
 
Senate Bill ISTo. 31. 
 
 A BILL to incorporate the Town of Ceredo, in the County of 
 
 Wayne. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. The corporate limits and boundaries of the town of Ceredo, 
 
 2 Wayne county, West Virginia, shall be as follows: Beginning 
 
 3 at the mouth of Twelve Pole creek, thence up said creek eighty 
 
 4 rods, south of the “old military line,” thence due west three 
 
 5 hundred rods, thence north to the Ohio river, at the “old Mor- 
 
 6 gan Mill,” thence up the Ohio river to the place of beginning. 
 
 1 2. The municipal authorities of said town shall be a mayor, a 
 
 2 recorder and five councilmen, who, together, shall form a com- 
 
 3 mon council. 
 
 1 3. The mayor, recorder and councilmen, so soon as they have 
 
 2 been elected and qualified, as hereinafter provided, shall be a 
 
 3 body politic and corporate, by the name of “ The Town of Cere- 
 
 4 do;” and shall have perpetual succession, and a common seal; 
 
 5 and by that name may sue and be sued, implead and be im- 
 
 6 pleaded ; may purchase and hold real estate necessary to enable 
 
 7 them the better to discharge their duties, and needful for the 
 
 8 good order, government and welfare of said town. 
 
 1 4. All the corporate powers of said corporation shall be exer- 
 
 2 cised by said council, or under their authority, except where 
 
 3 otherwise provided. 
 
 1 5. There shall be a town sergeant, a treasurer and commis- 
 
 2 sioner of the revenue appointed by the council, to continue in 
 
 3 office at its pleasure, and perform the duties respectively as 
 
 4 hereinafter prescribed, or as may be required by the council. 
 
2 
 
 1 6. The duties of the office of recorder, treasurer and commis- 
 
 2 sioner of the revenue may be discharged by the same person, or 
 
 3 otherwise, as the council may from time to time determine. 
 
 1 7. The mayor, recorder and councilmen shall be elected by 
 
 2 the citizens of the said town who may be entitled to vote under 
 
 3 this act, and (except when elected to till vacancies) for the term 
 
 4 of one year, and until their successors shall have been qualified, 
 
 5 and shall be freeholders and residents of said town, and entitled 
 
 6 to vote for members of the common council. 
 
 1 8. The first election under this act shall be held on third 
 
 2 Saturday in March, eighteen hundred and sixty-six, at the Cere- 
 
 3 do House in said town, under the supervision of a justice of 
 
 4 Ceredo township ; and annually thereafter there shall be an 
 
 5 election on the same day in each year, at such place and under 
 
 6 such supervisions, rules and regulations as the council of said 
 
 7 town may prescribe. The person conducting the first election, 
 
 8 shall grant certificates to the persons elected, which shall be en- 
 
 9 tered upon the records with ordinances of said council, and their 
 
 10 term of office shall commence on the first day of April next 
 
 11 after election. 
 
 1 9. All persons residents of said town, and entitled to vote for 
 
 2 county and townships officers, shall be entitled to vote for may- 
 
 3 or, recorder and coucilmen. 
 
 1 10. When a vacancy shall occur from any cause in the office 
 
 2 of mayor, recorder, or in the council, the vacancy shall be filled 
 
 3 by appointment by the council. 
 
 1 11. At all elections the ?ote shall be by ballot, and when two 
 
 2 or more persons for the same office, at any election, shall receive 
 
 3 an equal number of votes, the person or persons conducting such 
 
 * 
 
3 
 
 4 an election shall decide which of the said persons shall be re- 
 
 5 turned elected. And all contested elections shall be heard and 
 
 6 determined by the council for the time being. 
 
 1 12. The mayor, recorder, councilmen, sergeant, treasurer and 
 
 2 commissioner of the revenue, shall each, before entering upon 
 
 3 the duties of his office, and within ten days after being furnished 
 
 4 with a certificate of his election, take and subscribe the oath of 
 
 5 loyalty prescribed for county and township officers, and that 
 
 6 they will truly, faithfully and impartially discharge the du- 
 
 7 ties of their said offices, respectively, to the best of their abili- 
 
 8 ties so long as they continue therein. The recorder shall take 
 
 9 such oath or affirmation before a justice or other officer author- 
 
 10 ized to administer oaths, and thereupon he shall administer the 
 
 11 oaths aforesaid to the other officers and councilmen. Certifi- 
 
 12 cates of the said oaths or affirmations shall be recorded in the 
 
 13 journal of the proceedings of the council. 
 
 1 13. When any four of the newly elected councilmen shall 
 
 2 have been so qualified, they shall enter upon the duties of their 
 
 3 said offices and supersede the former councilmen. 
 
 1 14. If any one elected mayor, recorder or councilman shall 
 
 2 not have been eligible, or shall fail or refuse to take the oath or 
 
 3 affirmation required under this act within the ten days afore- 
 
 4 said, such office shall be declared vacant, and the vacancy filled 
 '5 as hereinbefore prescribed, but in all cases from among the citi- 
 
 6 zens of Jffie town eligible to such office or position under this 
 
 7 act. 
 
 1 15. The council shall be presided, over at its meetings by the 
 
 2 mayor, or, in his absence, by one of the councilmen selected by 
 
 3 a majority of the council present, and a majority of the council 
 
 4 shall be necessary to constitute a quorum to do business. 
 
 1 16. The council shall cause to be kept in a journal, an accu- 
 
 2 rate record of all its proceedings, by-laws, acts and orders, 
 
4 
 
 3 which shall . be fully indexed and open to the inspection of 
 
 4 the voters in the town. 
 
 1 17. The proceedings of last meeting shall be read to the 
 
 2 council, corrected when necessary, and signed by the person 
 
 3 presiding for the time being. Upon the call of any member, 
 
 4 the ayes and noes on any question shall be called and recorded 
 
 5 in the journal. The mayor, though voting as a member of the 
 
 6 council in cases of a tie, shall have the casting vote. 
 
 1 18. The council so constituted shall have power within said 
 
 2 town to lay off, open, curb and pave streets, alleys, walks and 
 
 3 gutters, for the public use, and to alter, improve and light the 
 
 4 same, and have them kept in order and free from obstructions 
 
 5 on or over them; to regulate the width of the sidewalks and 
 
 6 streets, and to. order the sidewalks, footways and gutters to be 
 
 7 curbed, paved and kept in good order, free and clean, by the 
 
 8 owners or occupants of the adjacent property; to lay off public 
 
 » 
 
 9 grounds, and provide, contract for and take care of public 
 
 10 buildings proper to the town ; to prevent injury or annoyance 
 
 11 to the public or individuals from anything dangerous, offensive 
 
 12 or unwholesome; to abate or cause to be abated, anything 
 
 13 which, in the opinion of a majority of the whole council, shall 
 
 14 be a nuisance ; to regulate the keeping of gunpowder and other 
 
 15 combustibles; to provide for the burial of the dead; and for 
 
 16 this purpose may purchase and hold the necessary land for a 
 
 17 cemetery, near or convenient to said town, and provide for its 
 
 18 improvement and security ; to provide for the regular building 
 
 19 of houses and other structures in or for said town ; for the 
 
 20 making of division fences, and to provide for shade and orna- 
 
 21 mental trees, and against danger or damage from fires or conta- 
 
 22 gious diseases ; to provide a revenue for the town, and appro- 
 
 23 priate the same, and to provide the annual assessment of taxa- 
 
 24 ble persons and property of the town ; to adopt rules for the 
 
25 transaction of business and the government and regulation of its 
 
 26 own body ; to promote the general welfare of the town, and 
 
 27 protect the property and preserve peace and good order 
 
 28 therein ; to keep a town guard ; to appoint and order out a 
 
 29 patrol for the town when deemed necessary; to appoint such 
 
 30 officers as they may deem proper, including a sergeant, commis- 
 
 31 sioner of the revenue, and treasurer; to define their powers, 
 
 32 prescribe their duties, fix their term of service and compensa- 
 
 33 tion, require and take from them bonds, with such sureties and 
 
 34 in such penalties as the council may determine, conditioned for 
 
 35 the true and faithful discharge of their duties, and remove 
 
 36 them at pleasure, (all bonds to be made payable to the town by 
 
 37 its corporate name ;) to erect, or authorize, or prohibit the 
 
 38 erection, of gas works or water works in or near the town ; to 
 
 39 prevent injuries to or pollution of the same, for all of which 
 
 40 purposes named in this clause, except that of taxation, the 
 
 41 council shall have jurisdiction for one mile beyond the borough ; 
 
 42 to regulate and provide for weighing and measuring of hay, 
 
 43 coal and other articles sold or for sale in said town, and to reg- 
 
 44 ulate the transportation thereof through the streets, and gen- 
 
 45 erally do such things as the council shall deem necessary for 
 
 46 the interests, prosperity, peace and good order of the citizens 
 
 47 of said town. 
 
 1 19. To carry into effect these enumerated powers, and all 
 
 2 others conferred upon the said town or its council, expressly or 
 
 3 by implication, in this or any other acts of the legislature, the 
 
 4 council shall have power to adopt and enforce all needful 
 
 5 orders, by-laws and ordinances not contrary to the constitution 
 
 6 and laws of this state, and to prescribe, impose and enforce 
 
 7 reasonable fines and penalties, including imprisonment for a 
 
 8 term not exceeding thirty days, under the judgment and order 
 
 9 of the mayor of the said town, or the person lawfully exer- 
 
6 
 
 10 cising his functions. The council, with the consent of the 
 
 11 supervisors of Wayne county, entered- of record, may have the 
 
 12 right to use the jail of said county for any purpose necessary in 
 
 13 the administration of its affairs; 
 
 1 20. The annual levy ordered by the council mav be upon all 
 
 2 male persons within said town, over eighteen years of age, 
 
 3 dogs, hogs and other animals, and on all real estate within said 
 
 4 town which is not exempt from state taxation, and all such 
 
 5 other subjects in said town as may at the time be assessed with 
 
 6 state taxes, provided the tax do not exceed one dollar on every 
 • 7 hundred dollars of value of unimproved lots, and seventy-five 
 
 8 cents on every one hundred dollars of the value of real and 
 
 9 personal property, or two dollars per head on each taxable 
 10 person. 
 
 1 21. When anything for which a state license is required is to 
 
 2 be done within the said town, the council may require a town 
 
 3 license to be had for doing the same, and may impose a tax 
 
 4 thereon for the use of the town, and the council may in any 
 
 5 case require from the person so licensed a bond, with sureties, 
 
 6 in such penalties and with such conditions as it may determine. 
 
 1 22. The sergeant shall collect the town taxes, fines, levies and 
 
 2 licenses, and after thirty days from the time he may receive the 
 
 3 books of the commissioner of revenue of said town, may dis- 
 
 4 train and sell therefor, in like manner as a sheriff may for state 
 
 5 taxes, and shall in all respects have the same powers as a 
 
 6 sheriff to enforce the payment and collection thereof, and shall, 
 
 7 within the corporate limits of the town, exercise all the duties 
 
 8 that a constable can legally exercise in regard to the collection 
 
 9 of claims, executing and levying process, and shall be entitled 
 
 10 to the same compensation therefor; and he and his securities 
 
 11 shall be liable to all the fines, penalties and forfeitures that a 
 
 12 constable is legally liable to for any failure or dereliction in 
 
7 
 
 13 said office, to be recovered in the same manner, and before the 
 
 14 same tribunals that the same are now recovered against con- 
 
 15 stables. 
 
 1 23. There shall be lien on real estate for the town taxes as- 
 
 2 sessed thereon, from the commencement of the year for which 
 
 3 they are assessed, and the council may order and require the 
 
 4 same to be sold or rented, by the sergeant, at public auction, 
 
 5 for the arrears, with interest thereon, with such per centum as 
 
 6 the council may prescribe for charges and expenses thereof. 
 
 7 And may regulate the terms upon, and time within, which the 
 
 8 same may be redeemed. No such sale or renting shall be or- 
 
 9 dered until such realty shall be returned delinquent, and the 
 
 10 sale shall be after thirty days' notice, posted at the hotel and 
 
 11 post-office in said town. 
 
 1 24. The council may prohibit any theatrical or other per- 
 
 2 formance, show or exhibition, it may deem injurious to the 
 
 3 morals or good order of the town. 
 
 1 25. The mayor shall be the chief executive officer of the town, 
 
 2 shall take care that the by-laws, ordinances and orders of the 
 
 3 council are faithfully executed ; shall be ex-officio a conservator 
 
 4 and justice of the peace in the town, and shall, within the same 
 
 5 exercise all the powers and duties vested in justices; shall con- 
 
 6 trol the police of the town, and may appoint special police 
 
 7 officers; shall see that peace and good order are preserved, and 
 
 8 that the persons and property are protected in the town ; shall 
 
 9 have power to issue executions for all fines and costs imposed . 
 
 10 by him, or may require the immediate payment of them, and 
 
 11 in default of such payment, may commit the party in default to 
 
 12 jail until the fine and costs be paid, but the term of imprison- 
 
 13 ment in such cases shall not exceed thirty days. He shall from 
 
 14 time to time recommend to the council, such measures as he 
 
 15 may deem needful for the welfare of the town, and shall receive 
 
8 
 
 16 a compensation for his services fixed by the council, which shall 
 
 17 not be increased or diminished for the term for which he is 
 
 18 elected. 
 
 1 26. The recorder shall keep a journal of the proceedings of 
 
 2 the council, and have charge of and preserve the records of the 
 
 3 town, and shall receive a compensation for his services to be 
 
 4 fixed by the council, which shall not be increased or diminished 
 
 5 for the term for which he was elected. 
 
 1 27. All money belonging to said town, shall be paid over to 
 
 2 the treasurer, who shall pay the same out on the order of the 
 
 3 mayor, countersigned by the recorder, and not otherwise, and 
 
 4 for any default, or liability upon the part of the treasurer or 
 
 5 sergeant, the council, in the corporate name of said town, may, 
 
 6 on motion, after ten days’ notice, obtain judgment before the 
 
 7 circuit court of said county, on account therefor, against them 
 
 8 and their securities respectively, or any or either of them, or 
 
 9 their heirs or legal representatives. 
 
 1 28. The said town, and taxable persons and property therein, 
 
 2 shall be exempt from all expense or liability for the construc- 
 
 3 tion or repair of roads or bridges outside the corporate limits of 
 
 4 said town. 
 
Senate Bill ]STo. 22 . 
 
 A BILL to protect public school houses. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. It shall be lawful, and it is hereby made 
 
 2 the duty of the board of education, in each and 
 
 3 every township in this State, to appoint three 
 
 4 discreet persons trustees of the school house 
 
 5 within their respective sub-districts, whose 
 
 6 duty it shall be in the adsence of the members 
 
 7 of the board of education to take care and 
 
 8 genera] supervision of the grounds, buildings 
 
 9 and furniture belonging to the same; and on 
 
 10 the just representations of any person interest- 
 
 11 ed in said property, the aforesaid trustees shall 
 
 12 be empowered to bring suit in the name of the 
 
 13 board of education before any magistrate of 
 
 14 their township, against any person or persons 
 
 15 for using said grounds, buildings and furniture 
 
 16 for any purpose other than township meetings 
 
 17 and educational purposes. 
 
 1 2. On the conviction of any person or persons 
 
 2 before a justice of the peace for committing any 
 
 3 of said offences, the said justice shall impose a 
 
 4 fine of not less than five, nor more than fifty 
 
 5 dollars for every such misdemeanor, recoverable 
 
 6 with costs of suit by warrant, as other debts 
 
 7 are collected. 
 

 
Senate Bill No. 23. 
 
 A BILL concerning Brooke Academy. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That the trustees of Brooke Academy are 
 
 2 hereby authorized to transfer and pay to the 
 
 3 treasurer of Wellsburg township in the county 
 
 4 of Brooke, all money, claims and other property 
 
 5 belonging to the said trustees, and held by 
 
 6 them for the use of said Brooke Academy, and 
 
 7 the said treasurer of Wellsburg township is 
 
 8 hereby authorized and directed to receive and 
 
 9 collect from the said trustees all such money 
 
 10 and property as aforesaid, and place the same 
 
 11 to the credit of the building fund of the Union 
 
 12 school of said township, and to pay out the 
 
 13 same as other monies belonging to the said 
 
 14 building fund. 
 
 1 2. Before the said treasurer is authorized to 
 
 2 receive and collect the money and property as 
 
 3 aforesaid, in the foregoing section, he shall 
 
 4 make and execute a sufficient bond as now 
 
 5 directed by law, to be approved by the board 
 
 6 of education of said township. 
 

 
 
 
 
 
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Senate Bill ITSTo. 34. 
 
 A BILL to incorporate the Elk River Navigation Company. 
 
 Be it enacted by the Legislature of W est Virginia : 
 
 1 1. That it shall be lawful to open hooks at Charleston, in 
 
 2 the county of Kanawha, under the direction of Daniel Polsley, 
 
 3 John D. Young, John H. Goshorn, James H. Brown and F. 
 
 4 A. Lovell, or any one or more of them ; at Clendennen, in said 
 
 5 county, under the direction of Ralph Smith, George Osborne, 
 
 6 E. B. Chilton and John W. Cortees, or any one or more of them; 
 
 7 at , in the county of Clay, under the direction of Felix 
 
 8 Baxter, Ellis Hyre and Samuel Fox, or any one or more of 
 
 9 them ; at Sutton, in the county ot Braxton, under the direc- 
 
 10 tion of James M. Corley, Anderson Boggs, Phillip Duffey and 
 
 11 James Given, or any one or more of them, and at such other 
 
 12 places and under the direction of such other persons as any 
 
 13 one or more of the persons herein named may appoint, for 
 
 14 receiving subscriptions to the amount of $100,000, in shares 
 
 15 of $50 each, to constitute a joint capital stock for improving the 
 
 16 navigation of Elk river, from its mouth to Braxton court house. 
 
 1 2. The said books shall be opened and the subscriptions be 
 
 2 received in the manner provided in such cases, by the act en- 
 
2 
 
 3 titled “An Act prescribing certain general regulations for the 
 
 4 incorporation of turnpike companies. And all the provisions 
 
 5 in said act in relation to the keeping open the books of sub- 
 
 6 scription, the payment of subscriptions, the general or annual 
 
 7 meetings of the company, the ratio of votes of the incorporation 
 
 8 of this company, the transfer of stock, the election and re- 
 1? moval of the president and directors, and their powers and 
 
 10 duties shall be held and made to apply to the company hereby 
 
 11 incorporated, as if they were specially mentioned therein. 
 
 1 3. As soon as one-fourth of the said sum of $100,000 shall 
 
 2 have been subscribed, the subscribers, their executors, admin- 
 
 3 istrators and assigns shall be, and are hereby incorporated in- 
 
 4 to a company by the name and style of the Elk River Navi- 
 
 5 gation Company, and may make such by-laws, rules and 
 
 6 regulations not inconsistent with the constitution and laws of 
 
 7 this State or of the United States, as they may deem necessa- 
 
 8 ry and advisable. 
 
 1 4. The president and directors of said company herein be- 
 
 2 fore conferred, shall exercise the powers and perform the duties 
 
 3 prescribed by the fifth section of the aforesaid act. And all 
 
 4 the provisions of said act, for the acquisition of land and ma- 
 
 5 terials, for the purposes of turnpike companies, shall be equally 
 
3 
 
 6 applicable to the acquisition of land by the company not ex- 
 
 7 ceeding five acres at any one place, for the abutment, a dam, 
 
 8 or the erection of toll houses and other fixtures, and of such 
 
 9 materials as may be necessary for the purpose of the company 
 10 herein incorporated. 
 
 1 5. That when damage may arise to the land on Elk river 
 
 2 and its tributaries, from the overflowing of the waters or other- 
 
 3 wise, such damage being occasioned by the works of said com- 
 
 4 pany, the same shall be assessed and paid in the manner 
 
 5 required in chapter 56 of the code of Virginia, for assessing 
 
 6 and condemning lands, and the amendment thereto; varying the 
 
 7 forms of the proceedings, as the nature of the case 
 
 8 may require. 
 
 1 6. That the company may demand and receive at such 
 
 2 point, or points, at said time as may be selected by the presi- 
 
 3 dent and directors of the company, in general meeting, such 
 
 4 tolls as may be in their opinion reasonable ; Provided, that 
 
 5 the rates of toll shall be approved by the board of public works, 
 
 6 and may be regulated from time to time by said board, or by 
 I the general assembly ; and provided also, that as fast as said 
 
 8 company shall complete any one or more locks and dams, they 
 
 9 may charge such tolls at such locks and dams as shall be ap- 
 10 proved by the board of public works. 
 
4 
 
 1 7. That if any toll gatherer of the company shall ask or re- 
 
 2 ceive any other or greater tolls than are authorized, or if any 
 
 3 person shall pass any place where tolls are collected without 
 
 4 payment or tender of the legal tolls to such toll gatherer, the 
 
 5 company, and the person evading the payment in tender of 
 
 6 the tolls aforesaid, shall be liable to the penalties prescribed in 
 
 7 such cases by the general law regulating turnpike companies. 
 
 1 8. That if the president and directors of said company shall 
 
 2 not commence their work within five years from the passage 
 
 3 of this act, and complete the same within ten years thereafter, 
 
 4 then the interest of said company in the navigation and tolls 
 
 5 aforesaid shall be forfeited and cease. 
 
 4 
 
 
Senate JL3111 ]lSTo. 35. 
 
 A BILL allowing appeals from the board of super- 
 visors in certain cases. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. Any applicant for relief under section one 
 
 2 hundred of the act entitled “An Act to provide 
 
 3 for the assessment of taxes passed December 
 
 4 3, 1863,” or under section second of the act 
 
 5 entitled “An Act to empower the assessor to 
 
 6 re-assess certain lands in Pleasants county,” 
 
 7 passed March 2, 1864, may within one year 
 
 8 from the date of any order of the board of 
 
 9 supervisors heretofore made or hereafter to be 
 
 10 made, denying him redress in whole or in part, 
 
 11 appeal from such order to the circuit court of 
 
 12 the county. The clerk of the board of super- 
 
 13 visors shall, within ten days after notice to 
 
 14 him of such appeal, file with the clerk of the 
 
 15 circuit court the petition and such other origi- 
 
16 nal papers as may have been filed with said 
 
 17 board, in said case, together with a certified 
 
 18 copy of all orders of the said board relating 
 
 19 thereto, and thereupon the clerk of the circuit 
 
 20 court shall docket said appeal. 
 
 1 2. Such appeal shall be defended by the 
 
 2 prosecuting attorney for the county, and shall 
 
 3 be tiled in a summary way upon such evidence 
 
 4 as either party may offer without pleading in 
 
 5 writing. If the circuit court shall reverse the 
 
 6 order of the board of supervisors, it shall there- 
 
 7 upon proceed to make such order in the premi- 
 
 8 ses as the said board should have made, and 
 
 9 such order of the court certified by the clerk 
 
 10 thereof shall have the like force and effect as 
 
 11 is provided in section one hundred and two 
 
 12 and section one hundred and three of said act, 
 
 13 passed December 3, 1863. No costs shall be 
 
 14 awarded by the court or paid by the State about 
 
 15 such appeal unless the court in its discretion, 
 
3 
 
 16 shall give judgment for costs against the as- 
 
 17 sessor who made the erroneous assessment. 
 
 1 3. If at the time of the docketing of such 
 
 2 appeal, or afterwards, the appellant shall file 
 
 3 with the clerk of the circuit court a bond in 
 
 4 double the amount of the taxes claimed to be 
 
 5 erroneously entered or assessed, payable to the 
 
 6 State of West Yirginia, conditioned for the 
 
 7 payment of said taxes with interest, in case 
 
 8 said appeal should be finally decided against 
 
 9 the appellant, the said clerk shall issue an 
 
 10 order directed to the sheriff of the county com- 
 
 11 manding him to suspend the collection of said 
 
 12 taxes during the pendency of such appeal. 
 
 1 4. Either party may appeal from the deci- 
 
 2 sion of the circuit court to the court of appeals- 
 

 
 
 
 
 
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Senate Bill 3STo. 26. 
 
 A BILL to regulate the salary of the reporter of 
 the supreme court of appeals. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 The reporter for the supreme court of ap- 
 
 2 peals shall receive such sum, not exceeding 
 
 3 one thousand dollars annually, after the first 
 
 4 day of January 1866, as the court may deter- 
 
 5 mine, to be paid quarterly out of the treasury 
 
 6 of the State as other salaries are paid. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 • 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Senate Bill ]STo. 27 . 
 
 A BILL to amend section 34 of chapter 118 of the 
 Acts of 1863. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 Section thirty four of chapter one hundred 
 
 2 and eighteen of the acts of eighteen hundred 
 
 3 and sixty-three is amended and re-enacted so 
 
 4 as to read as follows : 
 
 5 34. When any building which may have been 
 
 6 assessed shall become reduced in value one 
 
 7 hundred dollars or more, the assessor shall 
 
 8 deduct the amount of such reduction from the 
 
 9 value of the building assessed against the 
 
 10 owner, and where any building shall be either 
 
 11 wholly destroyed or reduced to less than one 
 
 12 hundred dollars in value, the assessor shall 
 
 13 deduct from said assessment the amount for 
 
 14 which such building was assessed. If the 
 
 15 owner of any building so assessed, shall feel 
 
16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 26 
 
 27 
 
 28 
 
 29 
 
 30 
 
 31 
 
 2 
 
 himself aggrieved thereby, he may within twelve 
 months after such assessment, apply to the 
 board of supervisors of his county to have the 
 same credited, but he shall before such applica- 
 tion is made give notice thereof in writing to 
 the prosecuting attorney whose duty it shall 
 be to attend to the interests of the State and 
 county therein. A copy of all orders made by 
 the board of supervisors changing the assessed 
 value of any real estate shall be certified by the 
 clerk of such board to the Auditor and the 
 assessor in whose district such real estate is 
 situated. For any failure on the part of the 
 assessor to comply with this or any of the three 
 next preceding sections he shall forfeit fifty 
 dollars. 
 
Senate _BilI ]STo. 28 . 
 
 A BILL for the establishment and regulation of the West Vir- 
 ginia Agricultural College. 
 
 1 Whereas, The Congress of the United States did, by act 
 
 2 passed on the 2d day of July, 1862, and by a subsequent act 
 
 3 passed on the 19th day of April, 1864, donate to the State 
 
 4 of West Virginia certain lands, (150,000 acres,) for the pro- 
 
 5 motion of agriculture and the mechanic arts, including mili- 
 
 6 tary tactics, within the State of West Virginia; the proceeds 
 
 7 of which are to be invested in bonds and stocks of the United 
 
 8 States, or stock of this State, and are to become a permanent 
 
 9 endowment, for the purpose of maintaining an agricultural 
 
 10 college in the said State of West Virginia, upon conditions re- 
 
 11 cited in said acts ; 
 
 12 And whereas, The Legislature of the State of West Vir- 
 
 13 ginia did, on the 3d day of October, 1863, pass an act accept- 
 
 14 ing the said donation, and the said land warrants having been 
 
 15 received by the Governor, and by him sold and converted into 
 
 16 current funds of the United States ; 
 
 17 And whereas, The Board of Trustees of Monongalia Aca- 
 
 18 demy have, by resolution passed on the 9th day of January, 
 
 19 1866, tendered to the State of West Virginia the buildings, 
 
20 property and funds of said Academy, by resolution, in the 
 
 21 following words, to-wit : 
 
 22 Resolved , That this board tender to the Legislature of West 
 
 23 Virginia, all the real estate and personal effects held as the 
 
 24 property of Monongalia Academy, including the property 
 
 25 known as “ Woodburn Female Seminary,” amounting as a 
 
 26 whole, to the following estimated value, viz : 
 
 27 Woodburn Female Seminary, $25,000 
 
 28 Monongalia Academy and Dwelling, 15,000 
 
 29 Cash, Bonds, Bank Stock, &c., 10,000 
 
 30 Library and other personal property, 1,000 
 
 31 Amounting to $51,000 
 
 32 To be absolutely held and used by the State of West Virgin- 
 
 33 ia, on the express condition that the contemplated agricultural 
 
 34 college be located permanently at or near Morgantown, and 
 
 35 that the funds and real estate hereby tendered, be used solely 
 
 36 for the benefit of said college ; Therefore, 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That the funds derived from the sale of the United States 
 
 2 land warrants donated to this States for the purpose of endow- 
 
 3 ing an agricultural college, be invested, by the Governor, in a 
 
 4 loan or public stock of the United States, for the use and bene- 
 
 5 fit of a college to be called the “ Agricultural College of West 
 
3 
 
 6 Virginia, ,J endowed as aforesaid, and to be further established, 
 
 7 regulated and maintained according to a plan hereinafter pro- 
 
 8 vided for. 
 
 1 2. That this State hereby accepts the tender of the Board 
 
 2 of Trustees of u Monongalia Academy;” and that said college 
 
 4 shall be permanently located at or near Morgantown, in the 
 
 5 county of Monongalia, and that the sum of thousand 
 
 6 dollars be appropriated to aid in the establishment of said 
 
 7 college. 
 
 1 3. That the Governor of this State shall, within thirty days 
 
 2 after the passage of this act, appoint nine suitable persons, 
 
 3 who shall constitute a Board of Visitors for said college, and 
 
 4 who shall have a common seal, any three of whom may consti- 
 
 5 tute a quorum for the transaction of ordinary business ; but 
 
 6 for making arrangements for the erection of buildings, or per- 
 
 7 manent alteration of the present buildings, as well as the ap- 
 
 8 pointment to or removal from office of professors, the concur- 
 
 9 rence of a majority of the board shall be required. 
 
 1 4. When the said board, hereby constituted, shall have 
 
 2 served one year, two of their number, (to be determined by lot,) 
 
 3 shall vacate their positions, and two others on each succeeding 
 
 4 year shall do the same, and the remaining seven shall annually 
 
 5 elect from the State at large, two new members of the board 
 
4 
 
 6 who shall be commissiondd by the Governor. In case of death, 
 
 7 removal, or refusal to act, any three members of said board 
 
 8 may proceed to call the rest of the board together to fill such 
 2 vacancy. 
 
 1 5. That it shall be the duty of said visitors, on or before 
 
 2 the first Wednesday of July next, and annually thereafter, or 
 8 at such times as they may designate, to meet at the college 
 
 4 buildings, now known as ‘‘Woodburn Female Seminary,” and 
 
 5 there establish such departments of education in literature, 
 
 6 science, art and agriculture as they may deem expedient and 
 
 7 as the funds under their control may warrant, and purchase 
 
 8 such materials, implements and apparatus as may be requisite 
 
 9 to proper instruction in all said branches of learning, so as to 
 
 10 carry out the spirit of the act of Congress aforesaid, approved 
 
 11 July 2d, 1862. And they shall also appoint a superintendent 
 
 12 who shall have general supervision and control of the property 
 18 and interests of said college, during the vacation of said board. 
 
 1 6. That said board shall establish and declare such rules 
 
 2 and regulations, and by-laws, as they may deem necessary for 
 
 3 the proper organization, tuition and good government of the 
 
 4 said college, and the protection of the public property belong- 
 
 5 ing to said college, as shall not be inconsistent with the laws 
 
 6 of this State, or of the United States ; they shall appoint a 
 
7 treasurer, taking bond from him, with ample security, condi- 
 
 8 tioned for the faithful keeping and disbursing of such money 
 
 9 herein or hereafter appropriated, and such other moneys as 
 
 10 shall be allowed by said board to come into his hands from 
 
 11 time to time ; they shall also settle his accounts annually, or 
 
 12 oftener, if they think best; inspect all the public property of 
 
 13 said college, and make a lull report of the condition, income 
 
 14 expenditures and management of said college to the Governor, 
 
 15 annually ; to be by him laid before the Legislature. 
 
 1 7. Said board shall have power to create a preparatory 
 
 2 department to said college and appoint any other professor- 
 
 3 ship than heretofore mentioned, if the same be deemed essen- 
 
 4 tial, fix the salaries of the several professors and of the super- 
 
 5 intendent, and remove them for good cause ; but in 
 
 6 cases of removal, the concurrence of a majority of the 
 
 7 board shall be required, and the reasons therefor shall be 
 
 8 commnnicated in a full written statement thereof, to the gover- 
 
 9 nor. 
 
 1 8. Besides prescribing the general terms upon which students 
 
 2 may be admitted, the course of their instruction, and the kind 
 
 3 and duration of their services, (which duration shall not exceed 
 
 4 five, nor be less than two years,) the said visitors are still 
 
 5 further empowered to admit as the regular students or cadets 
 
6 
 
 6 of said college, any number of young men, not fewer than one 
 
 7 nor more than two from each senatorial district in this State, 
 "8 and who shall not be less than 16 nor more than 25 years of 
 
 9 age ; and their admission to be made upon undoubted evidence 
 
 10 of a fair moral character. But, should no application be made 
 
 11 from any of said senatorial districts, then the vacancies may 
 
 12 be filled from the State at large. 
 
 1 9. That the said students thus admitted shall be entitled to 
 
 2 all the priviliges, and annuities, educational advantages and 
 
 3 benefits of the college free of charge for admission, tuition, 
 
 4 books and stationery, and they shall constitute the public 
 
 5 guard of the said college, and the public property aforesaid. 
 
 6 And whenever the said board shall certify to the Governor 
 
 7 that said college is ready to go into operation, and that students 
 
 8 have been appointed and admitted as hereinbefore provided 
 
 9 for, he shall forthwith forward to the superintendent of the 
 
 10 said college, a sufficient number of public arms and equipments, 
 
 11 ordinance and munitions for the use of the college, to be kept 
 
 12 in an arsenal of the said college, set apart for the purpose. 
 
 13 And the professor and students of said college receiving instruc- 
 
 14 tions in military tactics and the art of war, shall be individually 
 
 15 and collectively responsible for the preservation and safe keep- 
 
 16 ing of said arms. 
 
7 
 
 1 10. All reasonable expenses incurred by said visitors in 
 
 2 discharging the euties hereby imposed upon them (not, however, 
 
 3 including any wages, or per diem compensation) shall be allow- 
 
 4 ed, and when admitted by the Governor, shall be, by him 
 
 5 caused to be paid out of the treasury of the State, in like 
 
 0 manner as all sums are drawn therefrom. 
 
 1 11. That it shall be lawful for the said board to expend so 
 
 2 much of the appropriation herein provided as may be proper 
 
 3 for the procuring, repairing or erecting such buildings as may 
 
 4 be necessary for the accommodation of professors and students 
 
 5 of said college; said board shall be, and are hereby authorized 
 
 6 to contract for and erect, at such time as they may deem proper 
 
 7 and necessary, such additional buildings as may be needed ; 
 
 8 provided, however, that such expenditures shall not exceed the 
 
 9 sum of one thousand dollars annually, for the first five years. 
 
 10 They may, also, expend five thousand dollars of the funds 
 
 11 received from the trustees of the Monongalia academy in 
 
 12 purchasing landed estate for the use of the agricultural depart- 
 14 ment of said institutions, contiguous to said seminary. 
 
 1 12. That the Governor, board of visitors and faculty may 
 
 2 graduate any student of the college, found (after proper 
 
 3 examination) duly qualified, and shall certify the same by affix- 
 
 4 ing the seal of the college to his diploma. 
 
8 
 
 1 13. That the board of visitors, constituted as aforesaid, 
 
 2 shall, on or before the first day of June next, accept andreceive 
 
 3 from the board of trustees of Monongalia academy, a deed or 
 
 4 deeds for the real estate and personal property so tendered to 
 
 5 this State, by their resolution aforesaid, to themselves, as the 
 
 6 board of visitors of the agricultural college of West Virginia, 
 
 7 and their successors forever, to be placed on record in the 
 
 8 Recorder’s office of Monongalia county, and then deposited in 
 
 9 the office of the Secretary of State. 
 
 1 14. That the said board shall also have power to appoint a 
 
 2 treasurer, who shall, after giving bond, as before provided, 
 
 3 receive from the trustees of the Monongalia academy, all 
 
 4 funds and secureties tendered by their resolution hereinbefore 
 
 5 recited. 
 
Senate Bill INTo. 29. 
 
 A BILL providing for the issuing of attachments 
 in certain cases. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. On affidavit at the time of, or after the 
 
 2 institution of any suit, stating the nature of 
 
 3 the plaintiffs claim, that it is just, the amount 
 
 4 the affiant believes the plaintiff ought to 
 
 5 recover, and the evidence of some one or more 
 
 6 of the following particulars : First, That the 
 
 7 defendant or one of several defendants, is a 
 
 8 foreign corporation, or is a non-resident of the 
 
 9 State; or, Second , Has absconded with intent 
 
 10 to defraud his creditors ; or, Third , Has left his 
 
 11 residence in order to avoid service of process; 
 
 12 or, Fourth , So conceals himself that a summons 
 
 13 cannot be served upon him ; or, Fifth, Is remov- 
 
 14 ing or about to remove his property, or a part 
 
 15 thereof, out of the State with the intent to 
 
 16 defraud his creditors; or, Sixth, Is converting, 
 
2 
 
 17 oi' about to convert, his property or a part 
 
 18 thereof into money or securities, with like 
 
 19 intent ; or, Seventh, Has assigned, disposed of 
 
 20 or removed his property or a part thereof, or is 
 
 21 about to do so, with like intent ; or, Eighth, 
 
 22 Has property or rights in action which he 
 
 23 conceals; or, Ninth , Fraudulently contracted the 
 
 24 debt or incurred the liability for which the 
 35 suit is about to be, or has been brought, the 
 
 26 plaintiff may forthwith sue out of the clerks office 
 
 27 an attachment against the estate of such 
 
 28 defendant, or defendants, for the amount so 
 
 29 stated. 
 
 1 2. Such attachment shall be issued, and 
 
 2 subsequent proceedings had thereon, in confor- 
 
 3 mity with chapter one hundred and fifty one 
 
 4 of the code of Virginia, second edition. 
 
 I 
 
Seriate JBill ISTo. BO. 
 
 A BILL to alter part of the division line between 
 the Counties of Upshur and Barbour. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That the division line between the coun- 
 
 2 ties of Barbour and Upshur, running from the 
 
 3 Middle Fork to the Buckhannon river, is here- 
 
 4 by so altered as to run a straight line from 
 
 5 Woodley’s mills, on the Middle Fork, to the 
 
 6 mouth of Handy Camp run where it enters in- 
 
 7 to the Buckhannon river, and thence down the 
 
 8 Buckhannon river to the line dividing the 
 
 9 counties of Upshur and Barbour, and so much 
 
 10 of the county of Upshur as lies to the north of 
 
 11 said extension, is hereby annexed to and made 
 
 12 part of the county of Barbour. 
 
 1 2. The annexation herein provided for shall 
 
 2 not be of force until the county surveyors of 
 
 3 the counties of Upshur and Barbour, jointly 
 
4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 survey and mark out said extensions, and 
 
 * 
 
 make three fair plats thereof, each of which 
 they shall duly certify, and forward one to the 
 Secretary of the State, another to the recorder 
 of Barbour county and the third to the recor- 
 der of the^couuty of Upshur, who shall tile and 
 carefully preserve the same in their respective 
 offices, which it shall be the duty of said sur- 
 veyors to do within six months from the pas- 
 sage of this act. 
 
 3. The account of the said surveyors for their 
 fees and expenses incurred under the provis- 
 ions of this act, shall be audited by the board 
 of supervisors of Barbour county, and paid out 
 of the treasury of the county of Barbour. 
 
Senate Uill ISTo. 33. 
 
 A BILL concerning the Bail Roads of this State. 
 
 Be it enacted by the Legislature of West Virginia: 
 
 1 1. That it shall not be lawful for any railroad company 
 
 2 chartered by the Legislature of this State, or operating directly 
 
 3 or indirectly within the same, and a charter granted elsewhere, 
 
 4 to exact, charge or receive, from any citizen of this State, any 
 
 5 higher, greater or other compensation for the transportation of 
 
 6 passengers, tonnage, freight or other service performed or to be 
 
 7 performed, than such average rate per mile, as may be establisli- 
 
 * 
 
 8 ed for any other distance on such road or connecting road, for 
 
 9 like service by railroad or water line ; it being the intention 
 
 10 of this act, that there shall be a uniformity of charges per 
 
 11 mile by all the roads in this State, for all transportation or 
 
 12 other service performed by such road tor itself or under any 
 
 13 contract or arrangement with any other road or water line. 
 
 14 Any railroad company violating the provisions of this section 
 
 15 shall forfeit and pay to the person injured or his personal 
 
 16 representative, ten times the amount of money exacted or 
 
 17 received in excess of the rates hereby authorized to be 
 
 18 recovered with costs, before a justice of the peace, or upon 
 
2 
 
 19 motion after ten days previous notice in any court of record in 
 
 20 this State. 
 
 ’ 1 2. Any railroad company chartered by this State, or opera- 
 
 2 ting within the same under a charter granted elsewhere, shall 
 8 be, and the same is hereby authorized and empowered to [con- 
 
 4 tract ^with any connecting railroad, steamboat or water line, 
 
 5 for the transportation of passengers, freight, tonnage and the 
 
 6 public mail, and for the cars, machinery, depots, building 
 
 7 water stations and other property, to be used in common by 
 
 8 the railroads so connecting, and contracting upon such terms, 
 
 9 and under such regulations, not inconsistent with the provisions 
 
 10 of the first section of this act, as may be agreed upon between 
 
 11 the companies so contracting; but no railroad company, so 
 
 12 contracting, shall be authorized to put upon any other road, 
 
 13 the motive power, passenger, freight, stock, mail or other cars, 
 
 14 belonging to any other road, without the authority obtained 
 
 15 under the provisions, and in pursuance of this act. 
 
 1 3. The Baltimore and Ohio railroad company is hereby 
 
 2 authorized to subscribe to the capital stock of the North 
 
 3 Western Virginia railroad company, and to purchase and hold 
 
 4 stock already subscribed, and to buy, hold or guarantee the 
 
 5 bonds of said last mentioned company, and to buy and hold, 
 
3 
 
 6 and be possessed of the franchises and property of the said last 
 
 7 mentioned company. - 
 
 1 4. As a condition upon which the persons and privileges 
 
 2 contained in the second and third sections of this act are 
 
 3 granted, and without which they are hereby prohibited, the 
 
 4 North Western Virginia rail road company shall cause to be 
 
 5 constructed, the branch of said road from Clarksburg in Harri- 
 
 6 son county, to Weston in Lewis county, as now authorized by 
 
 7 law, to be completed by the first day of July 1867, and the 
 
 8 said company shall keep and maintain passenger cars thereon, 
 
 9 to be run as often, and in the same manner that cars are kept 
 10 and run on the main line. 
 
 1 5. In order to secure the faithful execution of this act, and 
 
 2 to protect the interests of the citizens of this State, it shall be 
 
 3 lawful and the duty of the board of public works to appoint 
 
 4 one third of the directors which may at any time be authorized 
 
 5 for any railroad operating in this State, which directors when 
 
 6 so appointed, shall possess and exercise concurrent and equal 
 
 7 powers in the management of the companies business, as may 
 
 8 be allowed to any equal number of directors of any company 
 
 9 which may be elected or appointed otherwise. 
 
 1 6. The board of public works shall have power to consent to 
 
 2 any modification from time to time of the tariff of rates for the 
 
4 
 
 3 transportation of passengers, freight or tonnage over any rail 
 
 4 road in this State, but no such modification shall be consented 
 
 5 to without first securing the fulfillment of the provisions of 
 
 6 this act. 
 
Senate Bill ]STo. 34. 
 
 A BILL relieving certain counties from taxes. 
 
 1 Whereas, The counties of Cabell, Wayne, 
 
 2 Boone, Logan, Wyoming, McDowell, Mercer, 
 
 3 Webster, Pocahontas, Greenbrier, Monroe, Ral- 
 
 4 eigh and Fayette have been in the possession 
 
 5 of the rebels during the late war; and whereas, 
 
 7 the above named counties have had to pay a 
 
 8 heavy tax on all they possessed, and also one- 
 
 9 tenth of all they produced to the rebel govern - 
 
 10 ment ; and whereas, many of the plantations 
 
 11 have been laid waste by the contending 
 
 12 armies ; Therefore, 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 The above named counties are hereby ex 
 
 2 erupted from the payment of back taxes for the 
 
 3 years of 1861-2-3-4, that might otherwise be 
 
 4 due to the State of West Virginia. 
 

 
 
 
 
 
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Senate Bill ISTo. 35. 
 
 A BILL to amend and re-enact section six of an 
 act entitled “An Act concerning licenses/ 7 pass- 
 ed November 2th, 1863, 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 Section six of an act entitled ‘An Act con- 
 
 2 cerning licenses/ 7 passed November 28, 1863, 
 
 3 is amended and re-enacted so as to read as 
 
 4 follows : 
 
 5 “ 6. Upon credible complaint, in writing, or 
 
 6 on his own knowledge of any breach of the 
 
 7 condition of such bond as is mentioned in the 
 
 8 fifth section, the prosecuting attorney of the 
 
 9 county shall, by motion in the circuit court, 
 10 recover the penalty of such bond, and the per- 
 il son committing such breach shall forfeit his 
 
 12 license and be forever disqualified from obtain- 
 
 13 ing a license under the said fifth section, within 
 
 14 this State. 
 

 
 
 
 
 
 
 
 
 
 
 
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Senate Bill ISTo. 36. 
 
 A BILL to encourage immigrantation into West Virginia. 
 
 1 Whereas, next in public importance to the settlement of 
 
 2 the titles, is a speedy settlement of the vast portions of un- 
 
 3 improved lands in the State, with a population and capital that 
 
 4 shall develop and render productive their agricultural, mineral 
 
 5 and other resources ; and whereas, individual enterprise if 
 
 6 properly encouraged will do it far better than the State ; and 
 
 7 it being manifest that the accomplishment of so great and 
 
 8 desirable an object advantageously, will require large associa- 
 
 9 tions of enterprising men and capital, which it will be difficult 
 
 10 to secure, unless the privileges and the protection against 
 
 11 individual liability which certificates of incorporation under 
 1*2 said act give, be extended to them with a right to hold and 
 
 13 dispose of, for profit or other motive, more land than is now 
 
 14 allowed by law ; therefore, 
 
 Be it enacted by the Legislature of West Virginia: 
 
 1 1. That the provisions of the act aforesaid be extended to 
 
 2 associations, which shall consist of at least the number of 
 
 3 persons required by said act ; that shall be formed in accord- 
 
 4 ance with the provisions thereof, for the purpose of introducing 
 
2 
 
 5 immigrants and capital into the State, preparing the lands for 
 
 6 settlement, settling the same and developing the resources 
 
 7 thereof, with power to purchase and hold by title, legal or equita- 
 
 8 ble lands for the purpose of re-sale, for profit or other purpose, 
 
 9 if done in furtherance of the objects of this act, provided it 
 
 10 shall hold not more than 3,000 acres of improved, nor more 
 
 11 than 100,000 acres of unimproved land at one time. 
 
 1 2. A certificate of incorporation under the 9th section of the 
 
 2 act aforesaid shall invest such association with all the general 
 
 3 rights and powers conferred by the provisions of said act, and 
 
 4 subject to the general duties and restrictions not inconsistent 
 
 5 herewith, which it imposes, and shall continue for 20 years 
 
 6 unless sooner terminated for the causes specified in said act 
 
 7 with power to establish its principal office or place of business 
 
 8 in any part of the United States, with branches any where in 
 
 9 the country as may best subserve its purpose and convenience, 
 
 10 provided its principal office or one of its branches shall be in 
 
 11 this State. 
 
 1 3. Such portions of the aforesaid act passed the 26th day 
 
 2 of October 1863, as are inconsistent with this act are repealed. 
 
Senate Substitute for House Bill No, 37, 
 
 A BILL prescribing how the general school fund 
 shall be apportioned to certain counties in the 
 year 1866. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. The Auditor in the next apportionment 
 
 3 of the general school fund, shall apportion to 
 
 4 the counties of Putnam, Pleasants, Wirt, Wood, 
 
 5 Monongalia, Randolph and Gilmer, in addition 
 
 6 to their share of such fund this year, such 
 
 7 portion thereof, as they would have been en- 
 
 8 titled to receive in the year 1865, had they 
 
 9 then made full returns of the number of school 
 
 10 children in their respective counties, such ap- 
 
 11 portionment shall be made upon the enrollment 
 
 12 of the present year. 
 
 1 2. The superintendent of the counties afore- 
 
 2 said, are hereby required to apportion to such 
 
 3 townships in their counties, in addition to their 
 
 4 share of the school fund this year, such portion 
 
 ' 5 as they would have been entitled to receive in 
 
 6 1865, had they made return according to law. 
 

Senate Bill N"o. 3S. 
 
 A BILL to repeal the 9th section of “ An Act 
 defining the powers and duties of recorders in 
 relation to Wills and Fiduciaries,” passed 
 September 3, 1863. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 The 9th section of chapter 36 entitled “an 
 
 2 act defining the powers and duties of recorders 
 
 3 in relation to Wills and Fiduciaries,” passed 
 
 4 September 3d, 1863, is hereby repealed. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 •7 
 
 
 
 
 
 
 
 
 
 
 
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 / 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Senate Bill ISTo. 39. 
 
 A BILL constituting the bank of certain streams 
 in Morgan county, West Virginia, a lawful fence. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. The south bank of the Potomac river in 
 
 2 the county of Morgan from the mouth of Cherry 
 
 3 run to the mouth of Sleepy creek, and also the 
 
 ♦ 
 
 4 east bank of Sleepy creek from its mouth to 
 
 0 the south side of the Baltimore and Ohio rail 
 
 6 l’oad, in the limits of said county, are hereby 
 
 7 constituted a lawful fence. 
 
 1 2. The owners or occupiers of lands bordering 
 
 2 on said river and within said county of Morgan 
 
 3 need not keep up fences along the bank of said 
 
 4 i;iver or creek, except where public crossings 
 
 5 or public roads running parral'lel therewith 
 
 6 shall require it. 
 
 1 3. This act shall be and remain in force from 
 
 2 and after the first day of March, 1866. 
 

 
 
 
 
 
 
 
 
 
 * 
 
 
 
 
 
 
 
 
 
 
 
 
 
 . 
 
 
 
 
 
 
 
 
 
Senate Bill No. 40. 
 
 A BILL to authorize Adam Kuhn and others to sink a coal shaft 
 in the town of Wellsburg, and for other purposes. 
 
 1 Whereas, it has been represented to this Legislature that 
 
 2 Adam Kuhn, John Tweed and Samuel George, have procured 
 
 3 from almost all the owners of real estate of the town of Wells- 
 
 4 burg in the county of Brooke, the right to mine for, obtain and 
 
 5 take away all the subterranean strata of coal, so procured and 
 
 6 underlying said town, and being desirous of enlarging the area 
 
 7 of their aforesaid coal privilege, which at present is very 
 
 8 limited, ask this Legislature to grant them the right to mine 
 
 9 for and procure all the coal underlying the Ohio river from a 
 
 10 point in the said river opposite the mouth of Buffalo creek to 
 
 11 a. point up said river opposite the division line between the 
 
 12 lands of Wm. Briggs and the heirs of Wm. Tarr, deceased. 
 
 13 And further desiring to sink a, shaft, and erect necessary 
 
 14 buildings, machinery and fixtures for the successful mining of 
 
 15 said coal, and taking care of the'same, and also to construct a 
 
 16 rail tram or other suitable road, to convey and transport the 
 
 17 said coal to the Ohio river on such street or streets of the said 
 
 18 town as may be agreed upon between them and the trustees of 
 
 19 said town, and in connection herewith, and by consent of said 
 
9 
 
 20 trustees to build or construct, at the junction of said street or 
 
 21 streets 'with the said river, a wharf or wharves, abutment or 
 
 22 abutments, pier or piers as they may deem proper for the 
 3 convenient and safe shipment of their coal obtained as afore* 
 
 24 said ; and for the use and occupancy of the aforesaid wharf or 
 
 25 wharves, abutment or abutments, pier or piers and the harbor 
 
 26 or harbors made thereby, for the shipment of their coal as 
 2T aforesaid, and the safety of their^boats and other vessels used 
 
 28 and employed in shipping said coal, and whereas, it has been 
 
 29 also represented to this Legislature that the aforesaid work 
 
 30 and privilege would greatly increase the value of the real estate 
 
 31 of the said town and neighborhood, and add greatly to the 
 
 32 business facilities of the said town ; Therefore, 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That Adam Kuhn, John Tweed and Samuel George, and 
 
 2 such others as they may associate with them, and their legal 
 
 3 representatives, may mine for, and take away all the coal 
 
 4 underlying the Ohio river from a point in said river opposite 
 
 5 the mouth ol Buffalo creek in the county of Brooke, to a point 
 
 6 up said river opposite the dividing iine between the lands of 
 
 7 Wm. Briggs and the heirs of Wm. Tarr, deceased, in said 
 
 8 county. 
 
 1 2. That the aforesaid Adam Kuhn, John Tweed and Sam’l 
 
2 George, and such others as they may hereafter associate with 
 
 3 them and their legal representatives, having first obtained the 
 
 4 consent of the trustees of the town of Wellsburg in said county 
 
 5 of Brooke, may sink a shaft in said town on their own lands, 
 
 6 and erect necessary buildings, machinery and fixtures thereon, 
 
 7 for the successful mining of, taking care of, and shipping or 
 
 8 conveying to market all such coal as is embraced in the first 
 
 9 section of this act, and such other coal as they have, or may 
 10 procure by purchase or otherwise. 
 
 1 3. It shall be lawful |for the aforesaid Adam Kuhn, John 
 
 2 Tweed and Samuel George, and such others as they may 
 
 3 associate hereafter with them, and their legal representatives, 
 
 4 to construct from their aforesaid coal shaft, a rail tram or 
 
 5 other suitable road to the Ohio river, on any street or streets 
 
 6 of the said town, for the purpose of carrying or transporting 
 
 7 the coal obtained as aforesaid, to the said river, and to build a 
 
 8 wharf or w T harves, abutment or abutments, pier or piers at the 
 
 9 mouth or junction of said street or streets with said river, and 
 
 10 to erect thereon such platforms, tipples and fixtures as may be 
 
 11 necessary for the convenient shipment of coal, and to use and 
 
 12 occupy such harbor or harbors, as may be made by the aforesaid 
 
 13 wharf or wharves, abutment or abutments, pier or piers for the 
 
 14 shipment of their coal, and safety of their boats and vessels 
 
4 
 
 15 employed by them in shipping said coal, provided however, 
 
 16 that the construction and use of the said rail tram or other 
 
 17 road as aforesaid, do not materially obstruct or interfere with 
 
 18 the crossings of any other street or streets of said town run- 
 
 19 ning [at right angles with the street or streets on which such 
 
 20 road or roads as aforesaid, may he constructed, and provided 
 
 21 also, that the street or streets so used by them as aforesaid 
 
 22 shall only be, by them so occupied, by their said road, as to 
 28 leave sufficient room on each side of said rail tram or other 
 
 24 road as aforesaid, for the [passage of a wagon and travelers, 
 
 25 and provided further, that before they are entitled to the benefits 
 
 26 of this section they shall first obtain the consent of the trustees 
 
 27 of the said town of Wellsburg. 
 
 1 4. It shall be lawful for the trustees of the said town, a 
 
 2 majority of them concurring, to give their consent to the afore- 
 8 said parties for the privileges embraced in the two preceding 
 
 4 sections of this act, and to mine for and take away such coal 
 
 5 found in the subterranean strata underlying the streets and 
 
 6 alleys of said town. 
 
Senate JBill ]STo. 41. 
 
 A BILL to relieve judgment debtors. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. In all cases where judgments had been 
 
 2 rendered and executions issued by any of the 
 
 3 courts of Virginia, the jurisdiction of which 
 
 4 extended to any of the counties now embraced 
 
 5 in the State of West Virginia, and which had 
 
 6 been levied upon property rendered valueless 
 
 7 by the issues growing out of the rebellion, and 
 
 8 it being shown that such property was by the 
 
 9 force of the judgment rendered and execution 
 
 10 levied, under the control or in the custody of 
 
 11 any sheriff, constable or other officer of the 
 
 12 courts of the State of Virginia, the same shall 
 
 13 not be renewed by any of the courts of this 
 
 14 State, nor shall any other property remaining 
 
 15 to the judgment debtor, if he be a citizen of 
 
 16 this State, be liable under said judgment, 
 
2 
 
 17 provided, that it be shown to the satisfaction 
 
 18 of the court that the property so levied on was 
 
 19 sufficient at the time to satisfy such executions. 
 
 1 2. If the property leviedjon was not, in the 
 
 2 opinion of the court, sufficient to satisfy judg- 
 
 3 ments and costs, the court shall appoint a 
 
 4 commissioner to assess the value of such prop- 
 
 5 erty at the time the levy was made, who shall 
 
 6 summon before him competent testimony, and 
 
 7 make report to the next term of the court, or 
 
 8 the judge in vacation, and if it shall appear 
 
 9 that the property levied on was not sufficient 
 
 10 to satisfy judgment and costs, the court shall 
 
 11 renew the judgment for such deficiency. 
 
 1 3. Nothing in this act shall deprive the 
 
 2 plaintiff from process against the sheriff, consta- 
 
 3 ble or other officer, and their sureties for the 
 
 4 recovery of claims in their hands. 
 
Senate Bill ISTo. 43. 
 
 A BILL better to provide for the distribution of 
 
 the Acts. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. The recorder of each county shall, annual- 
 
 2 ly, within ten days after the qualification accord- 
 
 3 ing to law, of county and township officers, 
 
 4 chosen at the regular elections, evidence of 
 
 5 whose qualification is filed in his office, make 
 
 6 and transmit to the Secretary of the State a 
 
 7 certified list of all such officers, setting forth 
 
 8 the name and officer of each, and the name of 
 
 9 the township, in the case of a township office. 
 
 1 2. The acts to which the officers within a 
 
 2 county may be entitled shall be forwarded to 
 
 3 the recorder thereof ; and shall be delivered by 
 
 4 him to the several officers entitled to them. 
 
 5 The recorder may be required to receipt for 
 
 6 said acts, and may require receipts from those 
 
 7 to whom he delivers them. 
 
 1 3. All acts, codes, or other documents 
 
 2 furnished to officers by authority of law, shall 
 
 3 be the property of the office, and be delivered 
 
 4 by each officer to his successor. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 • 
 
 
 
 
 
 
Senate Bill ^To. 4 = 4 ,. 
 
 A BILL making an appropriation for the Antie- 
 tam National Cemetery, near Shai'psburg Mary- 
 land. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. The sum of sixteen hundred and seventy 
 
 2 two dollars and forty four cents, is hereby ap- 
 
 3 propriated to aid in the purchase, permanent 
 
 4 enclosure and adornment of the ground of the 
 
 5 Antietam National Cemetery near Sharpsburg 
 
 6 Maryland. 
 
 1 2. The amount hereby appropriated shall be 
 
 2 subject to the order of the Governor, and the 
 
 3 whole or any part thereof may be paid by him 
 
 4 if required, for the purpose named in the first 
 
 5 section of this .act to the Treasurer of the 
 
 6 Antietam National Cemetery. 
 

 
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Senate Bill USTo. -4= 5. 
 
 A BILL to prevent intoxication. 
 
 Be it enacted by the Legislature of West Virginia: 
 
 1 1. x\ny person who shall drink to intoxication, any spiri- 
 
 2 tous liquor or intoxicating drink of any kind, and who, while 
 
 3 under the influence of such intoxication, shall openly appear 
 
 4 in any street, road, highway or public place, or while under 
 
 5 such influence shall use any profane or obscene word, or threat- 
 
 6 ning or abusive word to any one, such person shall for every 
 
 7 such offence be fined not less than thirty nor more than one 
 
 8 hundred dollars. 
 
 1 2. Any person who by persuading or otherwise, shall in- 
 
 2 fluence any one to drink to intoxication any drink mentioned 
 
 3 in the preceding section, such person shall for every such of- 
 
 4 fence be fined not less than thirty nor more than one hundred 
 
 5 dollars, and be confined in jail not less than one nor more than 
 
 6 six months. 
 
 1 3. Any person knowing of any violation of either of the two 
 
 2 preceding sections, and who shall fail to report k '|the same to 
 
 3 some justice or other conservator of the peace, he shall be fined 
 
 4 not less than thirty nor more than one hundred dollars. 
 
 1 4. It shall be the duty of such justice or other conservator 
 
2 of the peace, when such report is made to him as is mentioned 
 
 3 in the preceding section, by warrant directed to and executed 
 
 4 by any constable of the county wherein the offence is commit- 
 
 5 ted, ’or any one deputised by the officer issuing the said warrant 
 
 6 to cause the person or persons against whom such report is 
 
 7 made, to be arrested and brought before him, who on being 
 
 8 satisfied of the guilt of the person so arrested and brought 
 
 9 before him, to commit or recognize him for trial in the circuit 
 
 10 court of the county wherein the offence is committed, and also 
 
 11 to bind him in a sufficient sum to keep the peace and be of 
 
 12 good behavior for one year, the officer shall recognize or cause 
 
 13 to be summoned such witnesses as he may deem proper, The 
 
 14 said warrant and recognizances shall be returned forthwith to 
 
 15 the clerk of said court. 
 
 1 5. Any person who shall be recognized as prescribed in the 
 
 2 preceding section, and who shall fail in any wise to comply 
 
 3 with the condition of such recognizance he shall in addition to 
 
 4 paying the penalty therein prescribed, be forever prohibited 
 
 5 from entering into a recognizance under any section of this act 
 
 6 and he shall be confined in jail during the time mentioned in 
 
 7 said recognizance, in which he is bound to keep the peace, and 
 
 8 be of good behavior. 
 
Senate Bill HSTo. 4 = 6 . 
 
 A BILL to amend the 6th section of chapter 118, 
 of the acts of 1863. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 That the 6th section of chapter 118, of the 
 
 2 acts of 1863, entitled “An Act providing for 
 
 3 the assessment of taxes, defining the duties of 
 
 4 recorders, passed December 3d, 1863, shall be 
 
 5 amended so as to read as follows : 
 
 6 The recorder of any county shall, annually, 
 
 7 in the month of January make out an alpha- 
 
 8 betical list of all deeds for the partition and 
 
 9 conveyance of land (except deeds of trust and 
 
 10 mortgages to secure the payment of debt,) 
 
 11 .which may have been lodged in his office to be 
 
 12 recorded, (including those not fully proven,) 
 
 13 within the year ending on the thirty-first day 
 
 14 of December preceding, which list shall state 
 
 15 the date of the deed, when admitted to record, 
 
 16 names of grantors and grantees, the quantity 
 
 17 of land conveyed and a description of the same 
 
 18 before placing said lists in the hands of the 
 
 19 assessor. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Senate Bill TSTo. 47'. 
 
 A BILL relating to the schools of Wheeling and parts of town- 
 ships connected therewith. 
 
 Be it enacted by the Legislature of West Virginia: 
 
 1 1. The city of Wheeling and parts of townships connected 
 
 2 therewith, shall constitute but one school district, to he known 
 
 3 as the school district of Wheeling, the board of education 
 
 4 thereof shall consist of three commissioners from each of the 
 
 5 townships of the district, to be elected by the qualified voters 
 
 6 thereof, in conformity with the provisions of the second section 
 
 7 of “An Act for the establishment of a system of free schools,” 
 
 8 passed December 10th, 1863. The official term of all the 
 
 9 commissioners elected under this act, shall commence on the 
 10 first day of July next succeeding the time of their election. 
 
 1 2. It shall be the duty of the township clerk, in each of the 
 
 2 towmships constituting the school district of Wheeling, to 
 
 3 notify the commissioners of their respective townships of their 
 
 4 election, and within ten days after said notice shall have been 
 
 5 given, it shall be the duty of each of said commissioners to 
 
 6 qualify by subscribing to the following oath : “I. A. B., do 
 
 7 solemnly swear that I will faithfully perform the duties of school 
 
 8 commissioner of the school district of Wheeling, during the 
 
 9 term for which I have been elected, to the best of my ability, 
 10 according to law, so help me God.’ ? The township clerk is 
 
2 
 
 11 authorized to administer said oath, a copy of which shall be 
 
 12 kept by him upon the files of his office. 
 
 1 3. Any vacancy which may occur in the office of school 
 
 2 commissioner, by death, resignation, refusal to serve, or other- 
 
 3 wise, shall be filled by the board of education of the district, 
 
 4 at their first regular meeting thereafter, by the appointment 
 
 5 of a suitable person, who shall hold his office until the next 
 
 6 annual township election, when a commissioner shall be elected 
 
 7 for the unexpired term. 
 
 1 4. The commissioners duly elected and qualified, shall hold 
 
 2 their first meeting on the first Monday in July, at 7 o’clock 
 
 3 p. m., in the room of the first branch of the city council; (or 
 
 4 should there be a meeting of the city council at said time, on 
 
 5 the first evening thereafter when the council shall not be in 
 
 4 6 session,) at which time the board shall be organized by the 
 
 7 election, by the members present, if there be ten or more, of 
 
 8 one of their number for president, and one for clerk of the 
 
 9 board, both the president and clerk, being members of the 
 
 10 board by virtue of their election as commissioners, shall be 
 
 11 allowed to vote upon all questions submitted to the decision of 
 
 12 the board. 
 
 1 5. The president shall perform all the duties which ordina- 
 
 2 rily devolve upon the presiding officer of a deliberative body. 
 
 3 In his absence a president pro tem . may be chosen. 
 
 1 6. The clerk shall record in a book, to be provided for the 
 
 2 purpose, all the official acts and proceedings of the board, 
 
 % 
 
 3 which shall be a public record, open to the inspection of all 
 
3 
 
 4 persons interested therein. He shall preserve in his office all 
 
 5 papers containing evidence of titles, contracts and obligations ; 
 
 6 and in general shall record and keep on file in his office, all 
 
 7 such papers and documents, as may be required by any of the 
 
 8 provisions of this act, or by order of the board of education, 
 
 9 for his services he may receive such compensation as the board 
 
 10 of education may allow. In his absence the b^ard may appoint 
 
 11 a clerk pro tempore. 
 
 1 7. The board of education may hold stated meetings at such 
 
 2 times as they may appoint, not less than ten members being 
 
 3 required to constitute a quorum for the transaction of business. 
 
 4 Special meetings may be called by the president, or, at request 
 
 5 of ten members of the board, by ’the clerk, on giving one day’s 
 
 6 notice of the time of holding the same, the room occupied by 
 
 7 the first branch of the city council may be occupied for the 
 
 8 meetings of the board, provided that said meetings shall be 
 
 9 held at such times as not to conflict with council meetings. 
 
 1 8. Each township of the school district of Wheeling shall 
 
 2 -constitute a sub-district, and in each sub-district. there shall be 
 
 3 established by the board of education, at leas*t one grammar 
 
 4 school and one graded primary school. In the primary school 
 
 5 shall be taught orthography, reading, penmanship and geogra- 
 
 6 phy to such extent as the district superintendent of schools, 
 
 7 with the approval of the board of education, may prescribe. 
 
 8 In the grammar schools, English Grammar and United States 
 
 9 History shall be taught in addition to the branches named for 
 
 10 the primary schools. No pupil shall be allowed t# enter a 
 
4 
 
 11 grammar school who shall not have completed the course pr*e- 
 
 12 scribed for a primary school. In the grammar schools the 
 
 13 course shall be thorough and complete in the branches named. 
 
 14 The board may have power to establish one high school for the 
 
 15 district, in which shall be taught all the branches usually 
 10 taught in the best academies in the country. But no person 
 
 17 shall be allowed to enter said high school as a pupil, who shall 
 
 18 not first pass a thorough examination in the branches prescrib- 
 
 19 ed for a grammar school. Until said high school shall be 
 
 20 established, the board may make provision to have the higher 
 
 21 branches of mathematics, and natural sciences, and literature 
 
 22 taught in the grammar schools of the district. 
 
 1 9. Admission to the various schools of the district shall be 
 
 2 gratuitous to all white children, wards and apprentices of ac- 
 
 3 tual residents within the district between the ages of six and 
 
 4 twenty-one years, provided that the admission of pupils, resi- 
 
 5 dents of one sub-district to the schools of another sub-district 
 
 6 shall be at the option of the district superintendent, upon the 
 
 7 payment of such tuition as the board of education may deter- 
 
 8 mine, not to exceed one dollar per term of twelve weeks. Non- 
 
 9 residents of the district may be allowed to attend the schools 
 
 10 of the district upon such terms as the district superintendent, 
 
 11 with the approval of the board of education, may prescribe. 
 
 1 10. Schools for colored children shall be established in ac- 
 
 2 cordance with the provisions of the seventeenth section of the 
 
 3 general school law of the State, (as amended 1865.) 
 
 % 
 
 1 11. The board of education shall have power to make and 
 
2 enforce rules for the exclusion of children from the schools of 
 
 3 the district, whose attendance would be dangerous to the 
 
 4 health, or detrimental to the morals or discipline of the schools. 
 
 5 The board may make all necessary rules and regulations for 
 
 6 the government of the schools ; for the admission of pupils 
 
 7 therein ; may prescribe class-books for use in all the schools 
 
 8 of the district, and may furnish such for the use of indigent 
 
 9 children in attendance at the schools. The board may furnish 
 
 10 all necessary apparatus, stationery, registers, text-books and 
 
 11 books of reference for the use of teachers, and incur all other 
 
 12 expenses necessary to make the system efficient for the pur- 
 
 13 poses for which it was established, and pay the same from the 
 
 14 school funds of the district. 
 
 1 12. In order that the district may draw its quota from the 
 
 2 State school fund, the board shall cause an enumeration of 
 
 3 youth to be taken in accordance with the sixth section of the 
 
 4 general sehool law ; and report thereof shall be made by the 
 
 5 district superintendent to the State Superintendent of schools. 
 
 6 The provisions of section 37 (as amended Feb. 25, 1865,) of 
 
 7 the general school law, shall apply to the district of Wheeling 
 
 8 in common with other parts of the State. 
 
 1 13. The State Superintendent, in his report to the auditor, 
 
 2 shall specify separately the results of the enumerations of 
 
 3 youths in the school district of Wheeling and the rest of Ohio 
 
 4 county. And the auditor in apportioning money for school 
 
 5 purposes shall apportion to the district of Wheeling and the 
 
 6 rest of Ohio county separately, according to their rSpective 
 
6 
 
 7 numbers of youth, as shown in the list furnished by the State 
 
 8 Superintendent. And said superintendent shall draw his re- 
 
 9 quisition upon the auditor in favor of the treasurer of the city 
 
 10 of Wheeling, for such amount as the district is entitled to re- 
 
 11 ceive according to the apportionment of the auditor, and at 
 
 12 same time shall notify the district superintendent of said 
 18 amount. 
 
 1 14. It shall be the duty of the board of education, annual- 
 
 2 ly, in the month of July, to determine, as nearly as practica- 
 
 3 ble, the amount of money necessary in addition to all other 
 
 4 available funds, to continue the schools of the district for a 
 
 5 term not less than nine months, and for all other purposes 
 
 6 relating to the schools of the district, such as the repairing 
 
 7 and improvement of school premises, the purchase of sites and 
 
 8 the building of school houses, the payment of debts previously 
 
 9 contracted ; and they shall cause the amount to be assessed on 
 
 10 all the taxable property of the district ; and the same shall be 
 
 11 levied and collected in the same manner, and by the same offi- 
 
 12 cers as the county levies are made and collected. The amount 
 
 13 thus collected shall be certified by the collecting officer to the 
 
 14 district superintendent of schools, and shall be paid over to the 
 
 15 treasurer of the city of Wheeling, upon the order of said dis- 
 
 16 trict superintendent. The treasurer of the city of Wheeling 
 
 17 shall act as treasurer of all school funds accruing to the dis- 
 
 18 trict from any source whatever. Said treasurer, before receiv- 
 
 19 ing any school moneys, shall give bond with security, approved 
 
 20 by the board of education, in such amount as shall be named 
 
7 
 
 21 by said board, which bond shall be filed with the clerk of the 
 
 22 city. And upon the forfeiture of said bond, it shall be the du- 
 
 23 ty of said clerk to prosecute and collect from said treasurer 
 
 24 and his securities, the amount named in the bond for the use 
 
 25 of the schools of the district. The treasurer shall receive one 
 
 26 per cent upon all school moneys received and disbursed by 
 
 27 him. 
 
 1 15. No money shall be paid out by the district treasurer ex- 
 
 2 cept on a draft signed by the clerk of the board of education, 
 
 3 and specifying on its face the particular account to which the 
 
 4 same is chargeable ; nor shall any credit be allowed to the 
 
 5 treasurer in his annual settlement with the district snperinten- 
 
 6 dent, upon any voucher except such draft. 
 
 1 16. On the fourth Thursday of April next, and every two 
 
 2 years thereafter, on the day of holding township elections, the 
 
 3 voters of the school district of Wheeling shall elect a superin- 
 
 4 tendent of schools for said district, whose term of office shall 
 
 5 be for two years, to commence on the first day of July suc- 
 
 6 ceeding said election ; and he shall continue in office until his 
 
 7 successor is elected and qualified. He shall, before entering 
 
 8 upon the duties of his office, execute a bond, before the recor- 
 
 9 der of Ohio county, in the sum of five hundred dollars, with 
 
 10 approved security, in which bond he shall be liable in any 
 
 11 court having jurisdiction to the board of education of the dis- 
 
 12 trict for losses sustained by reason of his neglect or non-per- 
 
 13 formance of duties imposed by this act. Said bond shall be 
 
 14 filed in the office of the recorder, who shall within five days, 
 
8 
 
 15 certify to the state superintendent of schools, the name of said 
 
 16 district superintendent. 
 
 1 17. The district superintendent of schools shall be liable to 
 
 2 removal by the board of education, for any palpable violation 
 
 3 of law or omission of duty. But he shall not be removed un- 
 
 4 less charges shall be preferred to the board, and notice of the 
 
 5 hearing, with a copy of the charges delivered to such superin- 
 
 6 tendent, and opportunity given him to be heard in his defence. 
 
 7 When the office shall become vacant from any cause, before 
 
 8 the expiration of the term for which the superintendent shall 
 2 have been elected, the board of education may fill the same by 
 
 10 appointment, until the next regular township election ; at 
 
 11 which election a superintendent shall be elected by the voters 
 
 12 of the district. 
 
 1 18. The district superintendent shall perfoam such duties 
 
 2 with relation to the schools of the district, as are in general 
 
 3 required of county superintendent’s in section 20 and 21 (as 
 
 4 amended 1865,) of the general school law of the State. He 
 
 5 shall make such report to the State Superintendent, of the 
 
 6 character and financial condition of the schools of the district 
 
 7 as may be necessary, in order to secure to the district her 
 
 8 quota of the State school fund. He shall make report to the 
 
 9 board of education as often as once in each quarter, of the 
 10 operations and condition of the schools of the district; and as 
 1 L an officer of the board of education, he shall perform such other 
 12 duties as the board may from time to time require. He shall 
 
9 
 
 13 receive for his services such compensation as the board may 
 1 1 allow. 
 
 1 19. Sections 47, 49 and 50 of the school law passed Decem- 
 
 2 her 10th, 1863, (amended 1864-5,) shall be applicable to the 
 
 3 district of Wheeling. 
 
 1 20. The treasurer of the district, shall annually in the 
 
 2 month of July, settle with the district superintendent, in like 
 
 3 manner as prescribed for township treasurers in section 42 
 
 4 (as amended 1865) of the general school law, and at the expira- 
 
 5 tion of his term, said treasurer shall deliver over to his succes- 
 
 6 sor in office, all books and papers, with all money or other 
 
 7 property in his hands belonging to the school district, and 
 
 8 take receipt therefor, which he shall deposit with the clerk of 
 
 9 the city within ten days thereafter. 
 
 1 21. The board of education of the district of Wheeling, 
 
 2 shall be a body corporate, and shall have the power to sue and 
 
 3 be sued, to purchase, receive, hold and convey real and person- 
 
 4 al property for the school purposes of the district. The title 
 
 5 to all the school property of the district, both personal and real 
 
 6 which has heretofore been held by the school commissioners of 
 
 7 the city of Wheeling, or the school commissioners of Ohio 
 
 8 county, or by any previous board of public school officers, shall 
 
 9 be deemed to be vested in the board of education of the school 
 
 10 district of Wheeling. 
 
 1 22. Teachers for the grammar and primary schools may be 
 
 2 employed by the commissioners of the respective townships, 
 
 3 subject to the approval of the board of education. When a 
 
10 
 
 4 high school for the district shall have been established, the 
 
 5 teahers for the same shall be appointed by the board of 
 
 6 education. The board of education may appoint two compe- 
 T tent persons to act with the district superintendent as an 
 
 8 examining committee. It shall be the duty of said committee 
 
 9 to examine all applicants for positions as teachers, and to issue 
 
 10 certificates of qualification in accordance with the scheme of 
 
 11 grading laid down in section 35, of the general school law 
 
 12 passed December 10, 1863, amended 1864-5. No certificate 
 
 13 shall be granted to any applicant who shall fail to furnish 
 
 14 satisfactory evidence of good moral character, and loyalty to 
 
 15 the government of the United States and the State of West 
 
 16 Virginia, said committee may hold stated meetings at such times 
 IT and places as they may deem advisable, or as may he appoin- 
 
 18 ted by the board of education. The board of education may 
 
 19 prescribe the branches of study upon which teachers shall be 
 
 20 required to undergo examination for the several schools of the 
 
 21 district. 
 
 1 23. Teachers shall be subject, in all respects, to the rules 
 
 2 and regulations adopted by the board of education ; and they 
 
 3 may be removed by the board for incompetency, or grossly 
 
 4 immoral conduct, upon complaint of the superintendent. 
 
 1 24. No provisions of the general school law of the State 
 
 2 shall apply to the school district of Wheeling, except those 
 
 3 referred to in this act. 
 
 1 25. All laws and acts heretofore existing, in any manner 
 
 2 inconsistent with the provisions ot this act, are hereby repealed. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Senate Bill ISTo. 50. 
 
 A BILL for the benefit of married women in insur- 
 ing the lives of their husbands. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. It shall be lawful for any married woman, by 
 
 2 herself, and in her name, or in the name of any 
 
 3 third person, with his assent, as her trustee, to 
 
 4 cause to be insured, for her sole use, the life of 
 
 5 her husband for any definite period, or for the 
 
 6 term of his natural life; and in case of her 
 
 7 surviving her husband, the sum or net amount 
 
 8 of the insurance becoming due and payable 
 
 9 by the terms of the insurance, shall be 
 
 10 payable to her, to and for her own use, free 
 
 11 from the claims of the representatives of the 
 
 12 husband, or of any of his creditors ; but such 
 
 13 exemption shall not apply where the amount 
 
 14 of premium annually paid out of the funds or 
 
 15 property of the husband shall exceed two 
 
 16 hundred dollars. 
 
 1 2. The amount of the insurance may be made 
 
 2 payable, in ease of the death of the wife before 
 
 3 the decease of her husband, to his or to her 
 
 4 children, for their use, as shall be provided in 
 
 5 the policy of insurance, and to their guardian, 
 
 6 if under age. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Senate Bill ISTo. 51. 
 
 A BILL to abolish the office of County Treasurer. 
 
 Be it enacted by the Legislature of West Virginia: 
 
 1 1. The office of county treasurer is abolished. 
 
 2 2. The sheriff of the respective counties shall 
 
 3 perform the duties heretofore devolved by . law 
 
 4 on the county treasurers. All orders required 
 
 5 under existing laws to be drawn by the 
 
 6 boards of supervisors on the county treasurers 
 
 7 shall be drawn on the sheriffs, and all debts 
 
 8 or allowances due from any county shall be 
 
 9 paid by the sheriff thereof. 
 
 1 3. The boards of supervisors shall make set- 
 
 2 tlements with the county treasurers before the 
 
 3 next annual county levies are laid, and make 
 
 4 such disposition of any money due from them 
 
 5 as may be just. The said boards shall make 
 
 6 or cause to be made, annual settlements with 
 
 7 the respective sheriffs before laying the county 
 
 8 levies. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Senate Bill !N~o. 52. 
 
 A BILL to amend and re-enact the act regulating 
 Allowances to County Officers. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 The “Act fixing the limits for allowances to 
 
 2 county officers,’ 7 passed November 7, 1863, is 
 
 3 hereby amended and re-enacted so as to read 
 
 4 as follows : 
 
 5 The following named county officers shall be 
 
 6 allowed, annually, by the boards of supervisors 
 
 7 of their respective counties for their public 
 
 8 services, [for which no other fee or reward is 
 
 9 allowed by law,] to be paid out of the county 
 
 10 treasury, such sums as the said boards deem 
 
 11 reasonable, to-wit: prosecuting attorneys, not 
 
 12 less than one hundred or more than six hundred 
 
 13 dollars; sheriffs not less than fifty or more 
 
 14 than two hundred dollars ; clerks of boards of 
 
 15 supervisors, not less than fifty or more than 
 
 16 six hundred dollars ; clerks of circuit courts, 
 
 17 not less than fifty or more than two hundred 
 
 18 dollars; and jailors, not less than thirty or 
 
 19 more than sixty dollars ; except that the pros- 
 
 20 ecuting attorney for the the circuit court of 
 
 21 Ohio county shall be allowed, annually, not 
 
 22 less than six hundred or more than twelve 
 
 23 hundred dollars. 
 

 
Senate Bill ISTo. 53. 
 
 A BILL to relinquish to the Maryland and Vir- 
 ginia Bridge Company, the stock in said com- 
 pany belonging to the State. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 The intererest or stock of this State in the 
 
 2 Maryland and Virginia Bridge Company is 
 
 3 hereby relinquished to the said bridge com- 
 
 4 pany, for the benefit of the stockholders there- 
 
 5 of, other than the State ; provided, that this 
 
 6 act shall be of no effect until the said bridge 
 
 7 company, shall cause to be erected across the 
 
 8 Potomac river at Shepherdstown, a bridge 
 
 9 suitable for passengers and wagons; provided, 
 
 10 however, that if the State, by her Legislature, 
 
 11 shall at anytime before the said bridge com- 
 
 12 pany shall have completed a bridge upon the 
 
 13 piers and abutments owned by them, appro- 
 
 14 priate on the part of the State an amount to- 
 
 15 ward the erection of the said bridge, propor- 
 
 16 tionate to her interest in the same, then the 
 
 17 interest so relinquished shall revert and be- 
 
 18 come the property of the State, as though this 
 
 19 act had not been passed ; provided further that 
 
 20 said company shall so far complete said bridge 
 
 21 by the 1st day of June, 1867, as to admit of the 
 
 22 passage of wagons over the same. 
 

 
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Senate ±3ill ]NTo. 54. 
 
 A BILL for the relief of the Overseers of the 
 poor of the County of Brooke. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. That it shall be lawful for the overseers 
 
 2 of the poor of the county of Brooke, to make a 
 
 3 new report of their expenses for the year end- 
 
 4 ing on the 31st day of March, 1864, as now 
 
 5 directed by law. And to present the report so 
 
 6 made to the board of supervisors of the said 
 
 7 county, at their annual meeting in June, 1866. 
 
 1 2. The amount, which, according to such re- 
 
 2 port, the'jaforesaid overseers will require, shall 
 
 3 be chargeable on said county ; and the board of 
 
 4 supervisors of the said county of Brooke, when 
 
 5 it orders the annual levy for the year 1866, 
 
 6 shall provide for the said amounts together with 
 
 7 a sufficient sum to pay what interest may have 
 
 8 accrued on said amount till paid. It shall be 
 
 9 payable out of the proceeds of the said levy to 
 
 10 the overseers aforesaid, and shall be paid there- 
 
 11 out, to such persons, and in such sums as the 
 
 12 said board of overseers may direct. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Senate Bill !N"o. 55. 
 
 A BILL to provide counsel for the poor. 
 
 Resolved by the Legislature of West Virginia: 
 
 1 1. A poor person may be~allowed by a court 
 
 2 to sue or defend a suit, whereupon in case he 
 
 3 be defendant, he shall be assigned counsel by 
 
 4 the court ; said counsel and officers of the court 
 
 5 to receive such reasonable fees as the judge 
 
 6 may see proper io allow. The fees, if a case in 
 
 7 which the State is plaintiff, to be paid by the 
 
 8 State treasurer, on being approved by the audi- 
 
 9 tor. In all other cases, whether plaintiff or 
 
 10 defendant, the attorney and officers shall be 
 
 11 paid by the county treasurer after being ap- 
 
 12 proved by the board of supervisors. 
 
 1 2. The 1st section of chapter 185 of the Code 
 
 2 of Virginia, and all acts inconsistent with this, 
 
 3 are hereby repealed. 
 
 1 3. This act to take effect from the first day of 
 
 2 September 1866. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Senate Bill IsTo. 56. 
 
 A BILL in relation to actions of detinue. 
 
 Be it enacted by the Legislature of W est Virginia : 
 
 1 1. If the plaintiff in an action of detinue shall desire to have 
 
 2 immediate possession of the property for the recovery of which 
 
 3 such action is brought, he may at the commencement of ‘the 
 
 4 action, or at any time after, and before judgment, file with the 
 
 5 clerk of the court in which the action is brought, oris pending, 
 
 6 or if the action is brought in a justice’s court, with the justice 
 
 7 before whom the same is brought or is pending, an affidavit 
 
 8 stating the kind, quantity and value of the property claimed 
 
 9 by the plaintiff* in such action, and that the affiant verily be- 
 
 10 lieves the plaintiff* is entitled to recover the same therein. He 
 
 1 1 shall, also, in such case, execute a bond with good security, to 
 
 12 be approved by the clerk or justice, in a penalty at least 
 
 13 double the value of the property claimed, payable to the defen** 
 
 14 dant, with condition to pay all costs and damages which may 
 
 15 be awarded against him, or sustained by any person by reason 
 
 16 of such suit, and to have the property so claimed forthcoming 
 17 v to answer any judgment or order of the court or justice res- 
 
 18 pecting the same, and shall file such bond with the clerk or 
 
 19 justice. 
 
2 
 
 1 2. If such affidavit and bond be filed at the commencement 
 
 2 of the action, the clerk or justice shall endorse on the sum- 
 
 3 mons an order to the officer to whom the same is directed, to 
 
 4 seize and take into his possession the property mentioned in 
 
 5 such summons. But if the same be filed after the commence- 
 
 6 ment of the action, the clerk or justice shall issue an order 
 
 7 reciting the pendency of the action, and stating the kind, quan- 
 
 8 tity and value of the property for which the action is brought, 
 
 9 and requiring the officer to whom the same is directed, to seize 
 
 10 and take into his possession the property mentioned in such 
 
 11 order. 
 
 1 3. It shall be the duty of the officer to whom any such sum- 
 
 2 mons or order is delivered, to proceed forthwith to execute the 
 
 3 same, and he may, if necessary, break open and enter any 
 
 4 house or other enclosure in which such property may be, in 
 
 5 order to seize the same. 
 
 1 4. The defendant, in any such action, may have the proper- 
 
 2 ty taken possession of by such officer by virtue of such sum- 
 
 3 mons or order returned to him at any time within three days 
 
 4 after such taking, upon executing a bond with good security, 
 
 5 to be approved by said officer, payable to the plaintiff, in a pen- 
 
 6 alty at least double the value of such property, with condition 
 
 7 to pay all costs and damages which may he awarded against 
 
3 
 
 8 him in said action, and all damages which may be sustained by 
 
 9 any person by reason of the return of said property to him, and 
 
 10 to have the property forthcoming to answer any judgment or 
 
 11 order of the court or justice respecting the same, which bond 
 
 12 shall be delivered to such officer, and by him returned to the 
 
 13 office of the clerk or justice who issued such summons or or- 
 
 14 der. Upon the reception of such bond by the officer aforesaid, 
 
 15 he shall forthwith return the property so taken by him to the 
 
 16 defendant ; but in case no such bond be delivered to such 
 
 17 officer within said three days, said property shall be delivered 
 
 18 by said officer to the plaintiff. 
 
 1 5. Either party may, upon reasonable notice to the other, 
 
 2 except to the sufficiency of the sureties in the bond of such 
 
 3 party, and the court, or the judge thereof in vacation, or the 
 
 4 justice before whom such action is pending, may, upon the 
 
 5 hearing of such exceptions, make such order in the premises 
 
 6 as may seem just and equitable. 
 
 1 6. Upon the final trial of any such action, if the verdict be 
 
 2 for the plaintiff and he be not already in possession of the 
 
 3 property claimed, the judgment shall be that he recover the 
 
 4 possession of said property if a recovery thereof can be had, 
 
 5 and if not, that he recover the value thereof as found by such 
 
 6 verdict, and in either event that he recover the damages, if 
 
4 
 
 T any assessed by the jury for the detention of said property, 
 
 8 and his costs in such action. And it shall be the duty of the 
 
 9 jury in such cases to ascertain and assess such damages as the 
 
 10 plaintiff has sustained by reason of the detention of such prop- 
 
 11 erty by the defendant. If the plaintiff be already in posses- 
 
 12 sion of such property, the judgment shall be that he retain the 
 18 possession thereof, and for damages and costs as aforesaid. In 
 
 14 case the verdict at such trial be for the defendent, if the plain- 
 
 15 tiff be in possession of the property claimed, the jury shall in 
 
 16 like manner ascertain and assess the damages sustained by the 
 
 17 defendant by reason of the detention of said property by the 
 
 18 plaintiff, and also the value of said property, and judgment 
 
 19 shall be entered upon such verdict in all respects as is provided 
 
 20 in case the verdict be for the plaintiff. 
 
 1 7. The execution issued in such cases shall conform in all 
 
 2 things to the judgment entered therein. 
 
 
Senate Bill IsTo. 58. 
 
 A BILL for the protection of the loyal citizens of 
 the State, and for the repeal of certain acts 
 therein named. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. No suit or action shall be maintained in 
 
 2 the courts of this State, against any person for 
 
 3 any act done in the suppression of the late 
 
 4 rebellion; and it shall be a sufficient defense to 
 
 5 such suit or action, to show that such act was 
 
 6 done in obedience to the orders, or by the 
 
 7 authority of any civil or military officer of this 
 
 8 State, of the reorganized Government of Vir- 
 
 9 ginia, or the Government of the United States; 
 
 10 or that said act was done in aid of the purposes 
 
 11 and policy of said authorities, in retarding, 
 
 12 checking and supporting the late rebellion. 
 
 1 2. The 27 section of the act entitled “An act 
 
 2 to amend and re-enact sections 23, 27 and 28 
 
 3 of chapter 151, and section 13, chapter 170 of 
 
 4 the Code of Virginia, 77 passed February 11, 
 
 5 1865, and the act, chapter 79, passed February 
 
 6 28, 1865, be and the same are hereby repealed. 
 

 
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Senate Bill ]STo. 59. 
 
 A BILL to amend the license law. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 The 6th section of an act passed November 
 
 2 28, 1863, entitled “An Act Concerning Licens- 
 
 * 
 
 3 es,” be amended to read as follows : 
 
 4 6. Upon credible complaint in writing made 
 
 5 to him, or on his own knowledge of any breach 
 
 6 of the condition of such bond as is mentioned 
 
 7 in the fifth section, the prosecuting attorney of 
 
 8 the county shall, from time to time, put the 
 
 9 same in suit, and recover for each breach the 
 
 10 sum of ten dollars, for the use of the county, 
 
 11 until the penalty is exhausted; in all such 
 
 12 suits, in addition to the costs to the justice and 
 
 13 other offices, a fee of five dollars to the prose- 
 
 14 cuting attorney shall be taxed to the defendant. 
 

Senate Bill ]STo. 66. 
 
 A BILL in relation to oaths of suitors. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 The act entitled “An Act to prevent the 
 
 2 prosecution of oaths and the sueing out of 
 
 3 process by persons engaged in] the rebellion,” 
 
 4 passed Febuary 28, 1865, shall not apply to 
 
 5 any case wherein the cause of action arose 
 
 6 since the first day of April 1865, or shall here- 
 
 7 after arise ; nor shall any plaintiff be required 
 
 8 to- take any of the oaths prescribed by the said 
 
 9 act, until the defendent or defendents shall take 
 
 10 and file with the papers of the cause, in addi- 
 
 11 tion to the oath required by the said act for 
 
 12 defendants, the same oath which plaintiffs may 
 
 13 be required to take under the said act. 
 

 
 
 
 
 
 
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Senate Bill ISTo. 67. 
 
 A BILL in relation to the Guyandotte Navigation 
 
 Company. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1 1. The said Guyandotte Navigation Com- 
 
 2 pany is and shall continue to be a body corpo- 
 
 3 rate under the name and style of “the Guyan- 
 
 4 dotte Navigation and Land Company/ 7 with 
 
 5 the rights and powers conferred by the acts of 
 
 6 the General Assembly of Virginia, passed the 
 
 7 16th day of March, 1849, 4th day of March, 
 
 8 1851, and the 28th day of February, 1860, and 
 
 9 subject to the duties and obligations imposed 
 
 10 by said acts, except so far as the same are 
 
 11 inconsistent with this act. 
 
 1 2. The interests and stock of the State in 
 
 2 said Navigation company, is relinquished to 
 
 3 the stockholders other than the State, provided 
 
 4 said company shall improve the navigation of 
 
 5 the Guyandotte river, in the manner contem- 
 
 6 plated by the existing charter, or by substitu- 
 
 7 ting for locks and dams, sluices with wing 
 
 % 
 
 8 dams, the whole or any part of the distance 
 
 9 mentioned in said charter, which it is authori- 
 
2 
 
 10 zed to do, if deemed more expedient ; shall 
 
 11 commence the work within two years and 
 
 12 complete the same within ten years from and 
 
 13 after the passage of this act; or account to the 
 
 14 State for the now present value of the stock 
 
 15 and interest hereby relinquished, with interest 
 15 from the date of this act. 
 
 1 3. Said company is authorized to increase 
 
 2 its capital stock to an amount not to exceed 
 
 3 $3,000,000, and sell and dispose of the same ; 
 
 4 to purchase, hold and dispose of by title, legal 
 
 5 or equitable, all <he right, title, interest and 
 
 6 estate now owned by the stockholders, other 
 
 7 than the State, or any of them, in their individ- 
 
 8 ual capacity, or by those claiming under them 
 
 9 or anv of them, in the four Samuel Smith 
 
 10 surveys, which lie contiguous to each other 
 
 11 and mostly upon said Guyandotte river, and its 
 
 12 tributary waters, and include in their exterior 
 
 13 boundaries, 379,000 acres, with other lands 
 
 14 lying within the limits aforesaid or contiguous 
 
 15 to said river, not to exceed in all 379,000 acres 
 
 16 and deliver its stock in payment thereof, or 
 
 17 any part thereof, to clear out and otherwise 
 
 18 improve the streams, that are tributary to said 
 
 19 Guyandotte river, and any other streams that 
 
3 
 
 20 m ay afford convenient outlets to the Ohio l iver 
 
 21 for the products of its lands ; and to construct 
 
 22 rail and other roads, from any part of its lands, 
 
 23 which shall connect with its improvements, or 
 
 24 other improvements that may be built, provi- 
 
 25 ded, the vested rights of individuals shall not 
 
 26 be invaded or infringed, except due compensa- 
 
 27 tion shall be made according to law, and to 
 
 28 charge and collect such tolls upon its improve- 
 
 29 ments as shall be deemed reasonable, subject 
 
 30 however to the approval of the board of public 
 
 31 works, or the Legislature. 
 
 1 4. Said company shall have power to improve 
 
 2 and sell its lands, develop their resources, and 
 
 3 to sell and transport to market the products 
 
 4 thereof, to manufacture the raw material 
 
 5 coming therefrom, or from other sources, and 
 
 6 to sell or otherwise dispose of, and to transport 
 
 7 the manufactured articles to market ; and to 
 
 8 sell and dispose of its lands, or any part there- 
 
 9 of, in the manner it may deem best to individ- 
 
 10 uals or corporations, to hold, use and sell, or 
 
 11 otherwise dispose of to others, the water power 
 
 12 that may be created by the erection of locks 
 
 13 and dams, upon the Guyandotte river, if that 
 
 14 mode of improvement shall be adopted. 
 
1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 4 
 
 5. Granville Parker, Esq., president of said 
 company, is authorized to call a meeting of the 
 stockholders, Other than the State, at any time 
 within six months after the passage of this act, 
 at such place as he shall deem most convenient, 
 giving reasonable notice for the purpose of 
 laying before them this act, and if accepted of 
 electing a board of directors and president, 
 who shall inform the board of public works of 
 such acceptance and transact any other neces- 
 sary business. At all general meetings and 
 elections, each stockholder may in person, or 
 by proxy, cast one vote for every share of stock 
 owned by him, said company shall have its 
 principal office of business in Cabell county in 
 this State, where the meeting of its stockholders 
 shall be held, but may have a branch office in 
 the city of New York, where the first meeting 
 of its stockholders may be held. 
 
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