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Timeline of West Virginia: Civil War and Statehood
September 28, 1863


Journal of the House of Delegates
148-150

MONDAY, September 28, 1863.

Prayer by Rev. S. r. Dawson, member of the House.

Journal of Saturday read and approved.

Mr. Ruffner, from the committee on Taxation and Finance, reported House Bill No. 92, entitled “A Bill fixing the compensation of certain officers and clerks; which was read the first time.

He also, from the same committee, to whom was referred Senate Bill No. 25 entitled “A Bill extending the time for the collection of taxes in certain counties,” reported the same without amendment; and also returned from the same committee to whom they were referred, the memorials of the heirs of William Wallace, deceased, of Wheeling, and John D. D. Rosset, of Grafton, with adverse reports thereon.

He also, from the same committee, to whom it was referred, returned the resolution directing an inquiry into the expense of maintaining the blind of the State, and moved its reference to the committee on Humane and Criminal Institutions. The resolution was so referred.

Mr. Wheat presented a memorial relating to Berkeley Springs; which, on his motion, was referred to the committee on the Judiciary.

A communication from the Senate returned House Bill No. 79, entitled “A Bill providing how lands heretofore sold for taxes and not redeemed shall be surveyed and conveyed,” with the following amendment:

Strike out all after the title and insert the following:

“Be it enacted by the Legislature of West Virginia:

“What is authorized to be paid under the 14th section of chapter thirty-seven of the Code of Virginia (edition of 1860) to the clerk of the court of any county, may be paid to the recorder of the county. Any plat and certificate or report to be returned or made to any county court under the 15th and 16th sections of said chapter, shall be returned or made to the circuit court of such county. Any proceeding or order to be had or made in or by the county court of any county, according to the provisions of said chapter, shall be had or made in or by the circuit court for the county. Any deed to be made under said chapter, by the clerk or deputy clerk of a county court, shall be made by the recorder of the county, unless he is interested, and then it shall be made by the clerk of the circuit court of the county, in which deed shall be set forth all the circumstances appearing in the circuit court clerk’s office or in the recorder’s office, in relation to the sale, and shall conform in all other respects to the requirements of said chapter. Deeds require by said chapter to be recorded in the court of any county, shall be recorded in the office of the recorder of the county. For every deed executed under this act, the clerk or recorder shall be entitled to one dollar and fifty cent, which the purchaser shall pay him on the delivery of the deed.”

It also returned Senate Bill No. 26, entitled “A Bill to give the circuit courts jurisdiction in suits for the maintenance of illegitimate children.”

The House bill and amendment were referred to the committee on the Judiciary, and the Senate bill was read the first time.

Senate Bill No. 25, returned from committee, was read the second time and ordered to third reading.

Engrossed House Bill No. 84, entitled “A Bill declaring the South Fork of Fishing Creek, in the county of Wetzel, a public highway,” was read the third time and passed.

The YEAS were – Messrs. Patrick (Speaker), Ballard, Barns, Barrick, Bee, Bumgarner, Copley, Crooks, Davidson, Dawson, Dunbar, Foster, Gillilan, Goff, Griffin, Hagar, Hinchman, Keeney, Kittle, Kramer, Little, Lough, Mann, McGrew, McWhorter, Rader, Robinson, Ruffner, Shriver, Sutton, Teter of Upshur, Van Winkle, Wheat, Wright, and Zinn – 34.

The NAYS were – None.

House Bill No. 85, entitled “A Bill for rebuilding the bridge over the Buckhannon river, on the line of the Staunton and Parkersburg turnpike,” was read the second time and ordered to engrossment.

On motion of Mr. Copley,

House Bill No. 69, entitled “A Bill for the relief of William Nixon, commissioner of the revenue for Wayne County,” on its passage, was taken from the table and passed.

The YEAS were – Messrs. Patrick (Speaker), Ballard, Barns, Barrick, Bee, Boggs, Bumgarner, Copley, Crooks, Davidson, Dawson, Dunbar, Foster, Gillilan, Goff, Griffin, Hargar, Hinchman, Keeney, Kittle, Kramer, Lamb, Little, Lough, Mann, McGrew, McWhorter, Rader, Robinson, Ross, Ruffner, Shriver, Sutton, Teter of Barbour, Teter of Upshur, Van Winkle, Wheat, Wright, and Zinn – 39.

The NAYS were – None.

On motion of Mr. Kittle,

Ordered, That the committee on Roads and Internal Navigation is requested to inquire into the expediency of reporting a bill appropriating $2,500 to build a bridge across the Valley river in Randolph county, on the Staunton and Parkersburg turnpike.

On motion of Mr. Robinson,

Ordered, That the committee on Taxation and Finance be requested to inquire into and report a bill for the more efficient collection of delinquent taxes on real estate, and to secure to the several counties the county tax on the same when collected.

Mr. McWhorter called up the resolution offered by himself on the 26th inst., and laid over, relating to mileage for the recess, and it was adopted.

Mr. Wheat offered the following:

WHEREAS, the Sergeant-at-Arms refuses to pay the members mileage, it being unconstitutional, as well as their per diem during the recess, in consequence of the joint resolution of the two Houses, under the protest of many members, T herefore

Resolved by this House. That the said resolution is in itself unconstitutional and an infringement of individual right and is therefore null and void.

Mr. Van Winkle moved the indefinite postponement of the same, and upon that motion, Mr. Wheat demanded the yeas and nays, and they were ordered and taken.

The YEAS were – Messrs. Patrick (Speaker), Ballard, Barns, Barrick, Bee, Bumgarner, Copley, Crooks, Davidson, Dawson, Dunbar, Foster, Gillilan, Goff, Hagar, Hinchman, Keeney, Kittle, Kramer, Lamb, Little, Lough, Mann, McGrew, McWhorter, Rader, Robinson, Ross, Ruffner, Shriver, Sutton, Teter of Barbour, Teter of Upshur, Van Winkle, and Zinn – 35.

The NAYS were – Messrs. Griffin, Wheat, and Wright – 3.

So the motion to indefinitely postpone was agreed to.

On motion of Mr. Hager, the House adjourned.


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

West Virginia Archives and History