of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
[received message from Senate amending HB 8 about military exemptions]
MONDAY, July 20, 1863.
Prayer by Rev. S. R. Brockunier.
Journal of Saturday read and approved.
Mr. Davidson, from the committee on Private Incorporations and Joint Stock Companies, reported
House Bill No. 42, entitled “An Act prescribing general regulations for the incorporation of Joint Stock Companies, other than for Banks and Internal Improvements;” which on his motion, was read the first time.
The following message from the Senate was reported:
SENATE CHAMBER, July 18, 1863.
The Senate has this day insisted on its first and fifth amendments to House Bill No. 8, “A Bill relating to exemptions from military duty.”
The Senate has also this day passed House Bill No. 17, “A Bill to amend the Act staying the collection of certain debts,” with the following amendments, in which they ask the concurrence of the House”
1. Insert in the second line (printed bill) after “Circuit,” “by satisfactory proof either in term time or vacation.”
2. Insert in the third line after “personal,” “or against whom a decree has been or may be rendered for the sale of real estate.”
3. Insert in the seventh line after “trustee” “or commissioner.”
4. Insert in the ninth line after “trust” “or decree.”
5. Insert in the fourteenth line after “heretofore,” “or may hereafter be.”
6. Insert in the sixteenth line after “lie,” “either in term time or vacation.”
7. Strike out of the first section, as amended, all after the word “decree” in the ninth line.
8. Strike out of the second section, all after the word “decree” in the nineteenth line.
9. Insert as sections three, four, five and six, the following:
“3. Where a lien exists by virtue of any decree heretofore rendered, or that may hereafter be rendered, or by virtue of a deed of trust executed before the 26th day of July, 1861, on property, either real or personal, or where such property in the hands of a receiver is from any cause greatly diminishing in value, upon satisfactory 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 said receiver or a special commissioner appointed for the purpose.
“4. It shall be the duty of said trustee commissioner, or receiver, to comply with any such order made as aforesaid, notwithstanding anything to the contrary contained in the Act of the General Assembly of Virginia, passed January 30, 1863, entitled “An Act staying the collection of certain debts.” And where 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.
“5. It shall be the duty of the judge who has made any order in vacation, under the provisions of this Act, to furnish the clerk of the court wherein the cause is pending with 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.
“6. This Act shall be in force from its passage.”
On motion of Mr. Lamb,
House Bill No. 17, entitled “A Bill to amend the Act staying the collection of certain debts,” returned from the Senate with amendments, was referred to the committee on the Judiciary.
On motion of Mr. Ruffner,
House Bill No. 8, entitled “A Bill relating to military exemptions,” returned from the Senate with amendments insisted on, was laid upon the table.
Senate Bill No. 4, entitled “A Bill for the appointment of a Quartermaster General, and prescribing, in part, his duties,” on its second reading, was taken up.
On motion of Mr. Lamb, it was amended by adding to the first section, the following: “but the term of the first Quartermaster General appointed shall expire on the first of January, 1865;” and subsequently ordered to third reading.
Senate Bill No. 2, entitled “A Bill regulating proceedings in criminal cases,” on its passage, was taken up, read the third time, and, on motion of Mr. Lamb, laid upon the table.
House Bill No. 31, entitled “A Bill for reorganizing the militia,” on its second reading, was taken up, and on motion of Mr. McGrew, laid upon the table.
House Bill No. 32, entitled “A Bill accepting the conditions of the Act of Congress of July 5th, 1862, donating lands to the several States for the endowment of Agricultural Colleges,” on its second reading, was taken up, read the second time, and on motion of Mr. Van Winkle, laid upon the table.
House Bill No. 35, entitled “A Bill making an appropriation for expenses of the Legislature,” was taken up on its second reading, read the second time, and ordered to engrossment.
A message from the Senate announced that that body had disagreed to the House amendment to the Senate amendment to the House joint resolution fixing a day for the election of United States Senators, but had modified its own amendment by substituting “4th of August” for “6th of August.”
On motion of Mr. Barns, the House concurred in the modification.
On motion of Mr. Hager,
Ordered, That the committee on the Judiciary inquire into the expediency of making it lawful to sue in any county in this State; where the debtor lives in a county where law cannot be administered and justice obtained.
On motion, the House adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863