of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
Saturday, July 18th, 1863
Prayer by Rev. Mr. De Hass.
The Journal was read and approved.
Mr. Maxwell, from the committee on Courts of Justice and General Laws, reported back the following bill, with a recommendation that it pass:
House Bill No. 24, “A Bill for the relief of Milton Wells.”
Mr. Young, from the special committee upon the subject, reported the following bill, which was read the first time, laid on the table and ordered to be printed:
Senate Bill No. 9, “A Bill concerning spirituous liquors.”
The Senate then took up
House Bill No. 8, “A Bill relating to exemptions from military duty.”
The Senate insisted upon its 1st and 5th amendments, in which the House refused to concur.
Ordered, That the Clerk inform the House of Delegates thereof.
House Bill No. 27, “A Bill providing for, and regulating township meetings and elections, “was read the first time and laid on the table.
Mr. Stevenson, from the committee on Townships, &c., to whom was referred the Senate substitute therefor, reported back
House Bill No. 5, “A Bill to provide for the division into townships of the several counties in the State,” with a recommendation that it pass with the following amendments:
In the first section, 3rd line, strike out “three” and insert “one;” in the 4h line, after the word “each,” insert “magisterial districts in each;” after the word “State,” in the 4th line, insert “a majority of whom may act;” after the word “division,” in the 11th line, insert, “either by adopting or altering the present magisterial districts as they may deem proper.
In the third section, after the word “county,” in the 7th line, insert, “projected on a scale of one-half inch to the mile.”
In the fourth section, after the word “commissioners,” in the 2nd line, insert “shall be allowed one dollar and fifty cents each; “insert “the” after the word “and.” In the same line; strike out all the 3rd line except the work “two;” in the 4th line strike out “each,” after the word “description,” in the 10th line, strike out all to the end of the 13th line, and insert the words “the commissioners, in addition to their other duties, shall act as chain-carriers and markers;” and strike out the word “but,” in the 14th line, and insert the words “the surveyor.”
In the fifth section, after the word “the,” in the 6th line, strike out the word “late;” and in the same line, after the word “census,” insert the words “of 1860.”
All of said amendments were then adopted.
Mr. Atkinson moved further to amend the said bill, by striking out of the first section, as amended, the words, “either by adopting or altering the present magisterial districts as they may deem proper.”
Mr. Carskadon moved that the bill and amendment be laid on the table, which was agreed to.
On motion of Mr. Burley,
House Bill No. 17, “A Bill to amend the act staying the collection of certain debts, “ was taken up.
The following are the amendments proposed by the committee:
Insert in the 2nd line, after the word “circuit,” the words “by satisfactory proof either in term time, or vacation:” in the 3rd line, after the word “personal,” the words “or against who a decree has been or may be rendered for the sale of real estate;” in the 7th line, after the word “trustee,” the words “or commissioners;” in the 9th line, after the word “trust,” the words “or decree;” in the 14th line, after the word “heretofore,” the words “or may hereafter,” in the 16th line, after the word “lie,” the words “either in term time or vacation;” strike out of the first section, as amended, all after the word “decree,” in the 9th line; strike out of the second section all after the word “decree,” in the 19th line; change the number of section 3 to section 5, and add two sections as follows:
3. Where a lien exists by virtue of any decree heretofore rendered, ar that may hereafter be rendered, or by virtue of a deed of trust executed before the 25th day of July, 1861, no property either real or personal, or where such property in the hands of a receiver is for any cause greatly diminishing in value, upon satisfactorily proof thereof, before a Judge, either in term time, or vacation, of the circuit in which such property may lie, he shall direct the sale thereof, pursuant to said decree or deed of trust, and in case of property in the hands of a receiver issue an order directing such sale upon such terms as to him shall seem just, to be made either by such receiver or a special commissioner appointed for that purpose.
4. it shall be the duty of such trustee, commissioner or recorder, to comply with any such order made as aforesaid, not withstanding anything to the contrary contained in the act of the General Assembly of Virginia, passed January 30th, 1863, entitled “An Act staying the collection of certain debts,” and when any such trustee, commissioner, or receiver is so situated from any cause that he cannot comply with such order, it shall be the duty of such Judge to appoint one in his place for the purpose, whose duty it shall be to execute such order.
All of said amendments were then adopted.
Mr. Burley moved to amend the said 3rd section by striking out the word “greatly,” but it was disagreed to.
On motion of Mr. Bunker, the following was adopted as section fifth, and the number of section 5 was changed to section 6:
5. It shall be the duty of the Judge who has made any order in vacation under the provision of this act, to furnish the clerk of the court wherein the cause is pending a copy of the same, and it shall be the duty of said clerk to enter said order in the proper order book, and file the same with the papers of the cause in which said order is made.
The bill was then read the third time, and passed with its title:
Yeas – Messrs. Phelps, (President,) Atkinson, Bechtol, Bowen, Brown, Bunker, Burley, Carskadon, Copley, Farnsworth, Hawkins, Haymond, Mahon, Maxwell, McCann, Rollyson, Slack, Stevenson, and Young – 19.
Nays – None.
Ordered. That the Clerk inform the House of Delegates thereof, and ask their concurrence in said amendments.
Mr. Burley offered the following resolution, which was laid on the table:
Resolved, That a joint committee of two from the Senate and three from the House, be appointed to visit the Auditor’s office and ascertain if any legislation in necessary for the more efficiency of his offie, and that the said committee report upon the condition of his office generally.
Mr. Burley obtained leave of absence for next Monday.
And on motion of Mr. Rollyson the Senate adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863