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Timeline of West Virginia: Civil War and Statehood
January 16, 1863


Journal of the House of Delegates of the State of Virginia
(Wheeling: 1863)

FRIDAY, JANUARY 16, 1863.

Prayer by Rev. Mr. Clarke of the M. E. Church.

The following communication was received from the Senate.

“SENATE CHAMBER,
Jan. 15, 1863.

The Senate has this day passed the following bill:

No. 17, House Bill, “An Act to amend the Charter of the Holliday’s Cove Railroad Company,” with the following amendment, in which they ask the concurrence of the House of Delegates. Insert after the word “repealed,” at the end of the 2d section, the words:

“Provided, however, That this act shall be of no effect until the Western Transportation Company of Pennsylvania, named in the third section of the Act entitled “An Act to incorporate the Wheeling Railroad Bridge Company,” passed the 30th day of March, 1860, transfer and assign to Thomas Sweeney and Sobeski Brady, or the survivors of them any and all right and interest it has in said Bridge Company, and in the capital stock thereof.”

On motion of Mr. Crothers, the above H. B. No. 17, was taken up, and thereupon, on his motion, the amendment of the Senate was amended as follows:

“And upon such transfer, the said Western transportation Company shall not be liable for any installments upon said stock accruing thereafter.”

On motion of Mr. Logan, the amendment of the Senate was further amended by inserting the “8th section” in lieu of the “3rd section,” and thereupon the amendment of the Senate was concurred in. Mr. Crothers was appointed to communicate the same to the Senate.

The Chairman of the Committee of Roads and Internal Navigation reported the following bill, which was read the first time:

No. 71, “A Bill for the relief of Jacob Stemple, of Preston county, Va.”

Mr. West presented a petition of sundry citizens of Wetzel county, praying the passage of a law to prevent hounds from running deer, which was referred to the Committee of Propositions and Grievances.

On motion of Mr. Kramer, bills on their first reading, were taken up and advanced a stage, as follows:

No. 54, “A Bill entitled an act allowing certain claims out of any money derived from assessment of fines for the non-performance of military duty under the order of the Governor, by his proclamation of Sept. 9, 1862.”

No. 50, “A Bill entitled an act to amend and re-enact section 48 of chapter 58, of the Code of 1860.”

No. 58, “A Bill to legalize the appointment of Ferdinand Lewis, as administrator of the Estate of Soloman Michael, Sr., late of Hardy county.”

No. 59, “A Bill giving the consent of the State of Virginia to the county of Berkeley being admitted into and becoming part of the State of West Virginia.”

Senate Bill, No. 11, “An Act to amend and re-enact the tenth section of chapter 170 of the Code of Virginia,” was taken up, and thereupon, on motion of Mr. Patrick, it was laid on the table.

Senate Bill No. 18, “An Act to authorize Charles B. Waggoner, trustee, to sell certain property in Mason county,” was taken up, and the question being on the passage of the bill, it was determined in the affirmative.

On motion of Mr. Patrick the title of the bill was amended in the spelling of the name of Waggoner,” so as to make it read “Waggener.”

On motion of Mr. Vance, the unfinished business was passed by, and H.B. No. 31, “A Bill to incorporate the Clarksburg Coal and Iron Company,” heretofore laid on the table, was taken up, and thereupon, on his motion, the vote ordering the bill to engrossment was reconsidered, and thereupon he proposed to amend in the tenth line of the 2nd section, by striking out all after the word “Company,” in that line, and the question being put it was determined in the affirmative, and thereupon the bill was ordered to engrossment.

On motion of Mr. Hale, the unfinished business was passed by, and thereupon he offered the following resolution, which was adopted:

Resolved, That the Committee of Finance enquire into the expediency of reporting a bill making an appropriation to pay George Fisher, out of any moneys in the treasury not otherwise appropriated, a sum sufficient to pay said Fisher for making out certain commissioner’s books in the county of Lewis.”

On motion of Mr. Wilson, the unfinished business was passed by, and H. B. No. 55, on its second reading, “An Act to amend the charter of the Wheeling Railroad Bridge Company,” was taken up, and thereupon it was ordered to engrossment.

The unfinished business being House Bill No. 32, “A Bill providing for the amending and re-enacting of an act passed by the General Assembly on the 8th day of February, 1862, entitled ‘an act staying the collection of certain debts,’” was taken up. The question being on the amendment as amended, Mr. Ruffner moved the previous question, and the motion being seconded, the main question was put, and thereupon he demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

Yeas – Messrs. Barker Boreman, Bumgarner, Bowyer, Crothers, Davis, Farnsworth, Hale, Keeney, Logan, Henderson, Powell, Parsons, Ratcliff, Rollyson, Smith, Swan, Vance, Wilson and Williamson of Wirt – 20.

Nays – Messrs. Porter, (Speaker,) Davidson, Downey, Fast, Hawxhurst, Hooton, Kramer, Michael, Myers, Kitchen, Patrick, Ruffner, Snider, West, Wheat, Williamson of Pleasants, Wright and Zinn – 18.

Mr. Smith moved a reconsideration of the vote, and thereupon Mr. Patrick demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

Yeas – Messrs. Boreman, Bumgarner, Davidson, Fast, Hawxhurst, Hale, Hooton, Kramer, Michael, Myers, Henderson, Kitchen, Powell, Patrick, Ratcliff, Rollyson, Ruffner, Smith, Snider, Syan, Wilson, West, Wheat, Williamson of Pleasants, Williamson of Wirt, Wright and Zinn – 28.

Nays – Messrs. Barker, Crothers, Davis, Farnsworth and Keeney – 5.

Mr. Davis moved to adjourn, and thereupon Mr. Kramer demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

Yeas – Messrs. Bumgarner, Bowyer, Crothers, Downey, Davis, Hale, Myers; Henderson, Parsons, Ratcliff, Rollyson, Vance, Wilson, West, Wheat and Williamson of Wirt – 17.

Nays – Messrs. Baker, Boreman, Davidson, Farnsworth, Fast, Hawxhurst, Hooton, Kramer, Keeney, Logan, Michael, Kitchen, Powell, Patrick, Ruffner, Smith, Snider, Swan and Williamson of Pleasants – 20.

The question being on the amendment as amended, Mr. Patrick moved the previous question, which motion being seconded, and the main question being put, Mr. Patrick demanded the yeas and nays, which demand sustained, the vote was recorded as follows:

Yeas – Messrs. Boreman, Bowyer, Bumgarner, Crothers, Davis, Farnsworth, Hale, Keeney, Logan, Henderson, Powell, Swain, Vance and Wilson – 14.

Nays – Messrs. Porter, (Speaker,) Barker, Davidson, Downey, Fast, Hawxhurst, Hooton, Kramer, Michael, Myers, Kitchen, Patrick Ratcliff, Rollyson, Ruffner, Smith Snider, West, Wheat, Williamson of Pleasants, Williamson of Wirt, Wright and Zinn – 23.

Mr. Wilson moved to commit the bill to the Committee for Courts of Justice, and thereupon Mr. Davis moved to adjourn, whereupon Mr. Kramer demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

Yeas – Messrs. Porter, (Speaker,) Bowyer, Crothers, Davidson, Downey, Davis, Hale, Logan, Myers, Henderson, Powell, Parsons, Ratcliff, Vance, Wilson, West and Williamson of Wirt – 17.

Nays – Messrs. Baker, Boreman, Bumgarner, Farnsworth, Fast, Hawxhurst, Hooton, Kramer, Keeney, Michael, Kitchen, Patrick, Rollyson, Ruffner, Smith Snider, Swan, Wheat, Williamson of Pleasants, Wright and Zinn – 21.

The question recurring on the commitment of the bill, Mr. Smith demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

Yeas – Messrs. Porter (Speaker,) Bowyers, Crothers, Davis, Farnsworth, Keeney, Henderson, Swan, Vance, Wilson, and Williamson of Wirt – 11.

Nays – Messrs. Barker, Boreman, Bumgarner, Davidson, Downey, Fast, Hawxhurst, Hooton, Hale, Kramer, Michael, Myers, Kitchen, Powell, Patrick, Ratcliff, Rollyson, Ruffner, Smith, Snider, West Wheat, Williamson of Pleasants, Wright and Zinn – 25.

Mr. Williamson of Pleasants, presents a petition of sundry citizens of Ritchie county, opposed to the extension of the stay law.

Mr. Vance moved to adjourn, and thereupon Mr. Snider demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

Yeas – Messrs. Porter (Speaker,) Bowyer, Crothers, Davidson, Davis, Farnsworth, Hawxhurst, Keeney, Myers, Henderson, Powell, Ratcliff, Swan, Vance, Wilson, and Williamson of Wirt – 16.

Nays – Messrs. Barker, Boreman, Bumgarner, Downey, Hale, Hooton, Kramer, Michael, Kitchen, Patrick, Rollyson, Ruffner, Smith, Snider, West, Wheat, Williamson of Pleasants and Wright – 19.

Mr. Ruffner moved to amend that 4th section, as follows:

“Sec. 4. Be it further enacted, that in any case where a lien has been acquired on personality by this act, or the acts aforesaid, and the judgment debtor shall attempt to remove his personality out of the county in which such lien was acquired, or conceal the same with intent to hinder or defraud any such creditor, an attachment may be sued out by any such creditor or his agent, on affidavit in writing, stating the amount and state of the judgment, and that a lien has been acquired, and such attachment, when so sued out, may be levied on all such personality of such debtor, as may have been so removed, concealed, conveyed, or attempted to be conveyed, and the same may be sold under any order of sale made by virtue of such attachment. The proceedings in such attachment shall conform to the provisions of existing laws governing attachments; provided, however, that nothing herein contained shall be so construed as to prohibit farmers from selling or bartering the products of their farms; mechanics or manufacturers the products of their shops, or manufacturers or merchants their merchandise. No sale or barter by any such persons, in the ordinary transaction of their business or calling, shall be evidence of fraudulent intent,” and he moved to amendment by striking out the proviso after the word “attachments.” And the question being put, it was determined in the negative.

The question being on the substitute for the 4th section, Mr. Farnsworth moved to substitute the work “execution” for the word “attachment,” where it occurred therein, and thereupon Mr. West moved the previous question, which motion being seconded, the main question was put, and thereupon Mr. Farnsworth demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

Yeas – Messrs. Bowyer, Crothers, Davis, Farnsworth, Hale, Kenney, Henderson, Powell Swan and Vance – 10.

Nays – Messrs. Barker, Boreman, Bumgarner, Downey, Fast, Hawxhurst, Hooton, Kramer, Michael, Kitchen, Patrick, Ratcliff, Rollyson, Ruffner, Smith, Snider, West, Wheat, Williamson of Pleasants, Wright and Zinn – 21.

Thereupon Mr. Davis moved to amend the substitute as follows:

“4. Be it further enacted, that in all cases where a lien has been acquired on personality, by virtue of this act, it shall be lawful for the judgment creditor, his assignees or personal representation, upon affidavit made before the Clerk of the Court or Justice of the Peace, in which or before whom such judgment was obtained by such judgment creditor, his assignees, personal representation, agent or attorney, that the judgment intends to remove, is removing, or has removed his personal estate out of the county in which he resides, to sue out a writ of fieri facias, venditioni, exponas, or other execution, on any such judgment, the same as if this act had not been passed.”

On motion of Mr. Ruffner, the House adjourned.


Timeline of West Virginia: Civil War and Statehood: January 1863

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