The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-01-11

he WHOiS SUBJECT Oil luC ts1'lS al" P~>
inc the further consideration OF the sub
icct. on motion OF Mr.. HEaNpoN the Senate
adjourned.
HOUSE OF DELEGATES.
PRAYER by the Rev. II. L. BURROWS, OF
the Baptist Church.
BILLS REPORTED.
The following bills were reported from
committees and placed on the calendar:
Senate bill to amend and reenact section
II of an act prescribing the duties ana coln-
pcnsation of county officers.
House bill appropriating Sl2 QUO Tor neat
ing the building Of the Eastern Lunatlc
Asylum BY steam.
House bill to amend and resnact the char
ter of the city of Lynchburg.
LEAVE OF ABSENCE
was granted MIR. RAGsDALE for three days
from date, and to Mr.. MADDOX for three
days from last Wednesday.
ADVERSE REPORTS.
The Committee for Courts of Justice re-
ported adversely to memorial OF the SUI
pcrrisors of Orange county asking that COL
icetors Of taxes may garniShee for taxes
due. The committee is of opinion that the
subject is already provided for by the 9th
section of chapter Sc Of the Code, and by
the general provisions of certain acts pass
ed mt the last session. Agreed to.
The Committee on Asylums and Prisons
asked to be discharged from the further
Of o resolution for 1.-THE erec-
tion of house of refuge for minors"
Agreed to.
BILL, &C.. PRESENTED.
The following bills. resolutions, &C.,
,rnra 70 onI orr,ronri1tplV rpiprreus
BY Mr.. BAGwELL: Bill to amend sections
1 and Of chapter 49, of the Code OF lS6o,
in relation to tiduciaries.
BIZ Mr.. WALKER, of WeStmoreland: Bill
TO amend and rcGnact the 3Sth section Of
the general election law.
BY Mr.. BAGwELL: Bill to amend and re-
enact section T. of chapter 1870 of the Code
of 1860, in regard to personal representa-
tivcS.
BY Mr.. Turner, Of Rappahannock: Re.
solution inquring into the expediency OF
50 amending the law rs to change the time
of the annual meeting of the General As
semby 10 the first Wednesday in January
of each year, except in such years as a
Governor of the Commonwealth is elected.
b. Mr.. GUY: Petition of j. NJ. Sublett d
Co. asking that portion Of their license
tax for keeping the Spotswood Hotel be
BY Mr. WooDwoRTH Bill to amend and
reinact section 1. chapter 295 Of the Code,
in relation to the duties and compensation
of commissioners of the revenue.
THE JURY BILL.
The consideration of Mr.. WooD's motion
to strike out the 3Sth section of the jury bill
Was resumed.
MIR. DANIEL, of Lynchburg, proposed the
following substitute for the section as re-
ported from the committee
in any case except q case Of felony, in
which trial by jury would be otherwise
proper, the parties or their counsel, by
consent entered Of record, may waive the
right to have 4 jury, and thercuDon the
whole matter Of law and fact may he heard
and determined and judgment given by the
court Or. by like consent, the jury may
consist Of seven, and in that case 4 verdict
shalt be as valid, and have the same effect
as if it had been found by Ii jury of twelve.
And in any civil case, in which the consent
of the plaintiff and defendant shall he en-
tered Of record, it shall be lawful for the
plaintiff to select one person, who shall be
eligible as a juror, and for the defendant
to select another, and for the two persons
50 selected to select q third Of like qualifi-
cations, and the three so selected shall be
considered a jury in the case, shall take the
oath required Of jurors, and shall hear and
determine the issue, and any two concur
ring shall render a verdict, under the in
Struciions Of the court, in like manner and
TO the like effect as a jury of twelve"
Mr.. DANIEL eloquently advocated the
adoption of this substitute, urging partic-
ularly the advantages of the provision in
regard TO arbitration over that Of the eX-
listing law.
Mr.. SoUTHALL followed. Indignantly re-
polling the charges of Mr.. PoPHAM, that the
Conservatives were confederating and con-
spring to break down the bulwarks of civil
libctty-cnga@ed in covert assault on the
great right OF trial by jury. He contended
that the section proposed differed from the
old law only in abolishing its cumbrous
machinery.
The vote was then taken on Mr.. DAN
IEL'S substitute, and it was rejected. The
motion Of Mr.. WOOD to strike out the sec
ton was then loSt-ayes, III noes, 65.
Mr.. DANIEL then submitted an amend
ment embodying his plan of arbitration
under the supervision Of the court.
Mr.. MORGAN, Of Petersburg, proposed
a substitute; which was rejected.
Mr.. DANIEL S amendment was then agreed
tO-ayes, 60: noes, Il.
The bill was further amended, on motion
OF Mr. COCHRAN, so as to except cases of
misdemeanor from the operation Of the
3Sth section.
Mr.. WooD moved to amend so as to make
it optional with the Judge whether he shall
try Il case, even though the party or parties
may waive the right of trial by jury.
The question being upon the cngross-
ment and third reading of the bill, Mr..
PoPHAM addressed the House in opposition.
and when he concluded the House ad-
journcd.