No. 3.-Resolution for enquiring whether judge Estill has vacated his office as a judge of the general court, and what proceedings ought to be instituted for his removal from office. (Adopted February 3, 1837.) Resolved, That a joint committee of the senate and house of Joint committee delegates be instructed to enquire whether judge Benjamin Estill to enquire what proceedings ought has not removed from this commonwealth, and by so doing vacated to be had for the the office of a judge of the general court, and also to enquire into removal of judge the mode by which the proper proceedings ought to be adopted in relation to his removal, under the provisions of the sixth section of the fifth article of the constitution. No. 4.-Resolution prescribing the proceedings for removing from office Ben- Estill. The joint committee which was instructed to enquire whether Preambls. Benjamin Estill, esquire, one of the judges of the general court has vacated his office, and what proceedings it is proper to adopt in order to his removal from office, according to the sixth section of the fifth article of the constitution, respectfully submits the following report: It is represented that the said Estill has removed from the state of Virginia to Jackson in the state of Mississippi; and from verbal information from persons acquainted with him, as well as an advertisement in a newspaper shewn to the committee, announcing the fact of his removal, and his intention to practise law in the courts of that state, there would seem to be no reason to doubt that he has so removed. Whether or not he may design to return to this state in time to hold the courts of his circuit next spring, the committee have not deemed it at all necessary to enquire. His non-residence within his judicial district is contrary to positive law; and his removal from the commonwealth, while it must be injurious to the public generally, and to the people of his circuit especially, is deemed incompatible with the principles of our government and derogatory to its character. The committee recommend therefore, the adoption of the following resolutions: fixed. 1. Resolved, That the general assembly will proceed on the Day of proceeding twenty-first day after that on which he shall have received such notice, to enquire whether Benjamin Estill, esquire, shall be removed from his office of judge of the general court and of the circuit superior courts of law and chancery in the fifteenth circuit; and that he be duly notified of the following, as the causes for his contemplated removal from office, that is to say: First. That the said Benjamin Estill being a judge of the ge- Causes for remoneral court of this state, and of the circuit superior courts of law val specified. and chancery in the fifteenth circuit, and being required by law to reside within the eighth judicial district, doth not reside within the limits thereof. Second. That the said Estill, being judge as aforesaid, hath removed from this commonwealth, and is no longer a resident of the same. Third. Because the said Benjamin Estill hath caused an advertisement to be inserted in a newspaper printed in Mississippi, by which he announces his location in Jackson in that state, and his readiness to undertake any business which may be offered him as a practising lawyer in certain courts of the state last aforesaid. Judge Estill to be 2. Resolved, That the speaker of the senate and the speaker of notified, and how the house of delegates be requested to cause a notice to be delivered to the said Estill, that the general assembly will proceed on the twenty-first day after that on which he shall have received such notice, provided that if the said twenty-first day after the service of such notice shall be on Sunday, then the general assembly will proceed to act on the subject on the next day, to consider the propriety of removing him from office; and that they cause to be delivered to him a copy of the causes above stated, as the reason for his removal; and also, that copies thereof be published in some newspaper of the city of Richmond, and in the town of Abingdon in which he last resided in this state. Foard of public works to appoint principal engi. neer. His compensation. Survey of part of Lynchburg and Tennessee railroad and its branches. Survey for rail ville to Frede ricksburg. No. 5.-Resolution authorizing the board of public works to appoint a principal engineer of the state, and fixing his salary. (Adopted March 30, 1837.) Resolved by the general assembly, That the board of public works be, and they are hereby authorized, if they should deem it expedient, to appoint, as soon as may be, a principal engineer of the state, who shall continue in office until the next session of the general assembly, and until a successor shall be appointed, in pusuance of an act, "to provide for the appointment of a principal enginer of the state," passed March fifth, eighteen hundred and thirty-five. The said principal engineer shall receive compensation for his services at such rate as the said board may think proper, not exceeding three thousand dollars per annum. No. 6.-Resolution requiring a survey of that portion of the Lynchburg and Tennessee rail-road between Lynchburg and Buford's gap, and the branches of said rail-road from the towns of Buchanan and Fincastle. (Adopted February 16, 1837.) Resolved by the general assembly, That the board of public works be, and they are hereby directed to cause a survey to be made by a competent engineer, with a view of locating that portion of the Lynchburg and Tennessee rail-road between Lynchburg and Buford's gap, and the branches of said rail-road, from the towns of Buchanan and Fincastle. No. 7.-Resolution directing a survey of a route for a rail-road from Carters- Resolved by the general assembly, That the board of public road from Carters- works be instructed to employ a competent engineer to survey a route for a rail-road from Cartersville to Fredericksburg, and that such engineer report to said board an estimate of the probable cost of such rail-road. Survey of turnWinpike from Wir sonburg. No. 8.-Resolution for a survey of a turnpike road from Winchester to Harrisonburg. (Adopted March 1, 1837.) Resolved by the general assembly, That the board of public works be instructed to cause a survey to be made by some competent engineer, of the turnpike road from Winchester in the county of Frederick, to Harrisonburg in the county of Rockingham, autho rized to be constructed by an act of the general assembly, passed on the third of March, eighteen hundred and thirty-four, and that they report the same, with the estimate of the probable cost thereof, to the next general assembly. No. 9.-Resolution requiring the survey of a route for a road from Elisha Sawyers's, on the Kanawha turnpike, below Coal bridge, to Harmon's ferry, at the mouth of Little Guyandotte river, in Mason county. (Adopted March 22, 1837.) Guyandotte river. Resolved by the general assembly, That the board of public Survey of road from Sawyers's to works be required to have surveyed by a competent engineer, a mouth of Little route for a road from Elisha Sawyers's, on the Kanawha turnpike, below Coal bridge, to Harmon's ferry at the mouth of Little Guyandotte, in Mason county, and report the probable cost of constructing the same. No. 10.-Resolution requiring the principal engineer to survey parts of the herrin river. Resolved by the general assembly, That the board of public Survey of North works be instructed to employ a competent engineer to survey the river and of MeNorth river in the county of Rockbridge, from its mouth to Stickler's spring in the said county, and the Meherrin river from Hicks's ford as far up said river as he may deem advisable, and report the practicability and probable expense of improving the navigation of said rivers by locks and dams, or by locks, dams and short canals. No. 11.-Resolution for an examination and survey of alterations proposed to be made in the location of the Cumberland gap road. (Adopted March 13, 1837.) berland gap road location. Resolved by the general assembly, That the board of directors Examination and of the Cumberland gap road be and they are hereby authorized and survey of Cumdirected to examine an alteration proposed in the location of said for a change of road, beginning near Jesse Bowen's in the county of Scott, thence running on the north side of the present location of said road through a gap of Powell's mountain, up the north fork of Clinch river, and crossing Wallen's ridge at the Love Lady gap, so as to intersect the present location of said road at the forks of the road two miles east of Jonesville in the county of Lee, and the report of said survey shall be laid before the board of public works, and if the said board shall consider the proposed change proper, it shall order the change to be made. No. 12. Preamble and resolution authorizing the administrator of Thomas G. Moncure, dec'd, to pay a sum of money to the general agent and storekeeper of the penitentiary, in part payment of a debt due the commonwealth. (Adopted December 15, 1836.) Whereas it is represented by the directors of the penitentiary, Preamble. that the situation of the institution requires that six thousand dollars should be paid to the general agent to enable him to meet the expenses at the termination of the present quarter, and the administrator of Mr. Moncure, the late general agent, having signified his willingness to pay the sum required to the present general agent, when authorized to do so by the legislature: Therefore, Administrator of Thomas G. Mon pay a sum of money into the treasury. Resolved by the general assembly, That the administrator of Thocure authorized to mas G. Moncure, be and he is hereby authorized to pay to the general agent and storekeeper of the penitentiary, on or before the sixteenth day of January next, the sum of six thousand dollars, and this payment, when made, will be in part of the debt due to the commonwealth from Thomas G. Moncure, deceased, as general agent and storekeeper. Petition of Phi neas Chapin re No. 13.-Resolution referring the petition of Phineas Chapin to the board of public works. (Adopted February 17, 1837.) Resolved by the general assembly, That the petition of Phineas ferred to board of Chapin, with the accompanying documents, be referred to the board of public works, with instructions to examine the same, and allow the petitioner any sum it may consider equitable. public works. Petition of R. R. Farr referred to board of public works. No. 14.-Resolution referring the petition of Richard R. Farr to the board of public works. (Adopted February 20, 1837.) Resolved by the general assembly, That the petition of Richard R. Farr, with the accompanying documents, be referred to the board of public works, with instructions to examine the same, and allow the petitioner any sum it may consider equitable. |