60. The auditor, shall annually, before the first day of November, deliver to the governor and to the general superintendent of free schools, each, a report made up to the first day of October next preceding, of the condition of the school fund, with an abstract of the accounts thereof in his office; which report the general superintendent shall lay before the legislature in his next annual report to that body.

61. All money belonging to the school fund shall be received into and paid out of the treasury, upon the warrant of the auditor. But no warrant for paying out such money shall be issued without the authority of the board.

62. All acts and laws heretofore existing in this State, in any way inconsistent with the provisions of this act, are hereby repealed.

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JOINT RESOLUTIONS.

[No. 1.] Joint Resolution declaring the Election of certain Officers. Resolved by the Legislature of West Virginia, That Arthur I. Boreman be, and he is hereby, declared duly elected to the office of governor of this State; J. Edgar Boyers to the office of secretary of the state; Campbell Tarr to the office of treasurer; Samuel Crane to the office of auditor; Aquilla B. Caldwell to the office of attorney general; Ralph L. Berkshire, William A. Harrison and James H. Brown, respectively, to the office of judge of the supreme court of appeals; Elbert H. Caldwell to the office of judge of the first circuit; John H. Dille to the office of judge of the second circuit; Thomas W. Harrison to the office of judge of the third circuit; Chapman J. Stuart to the office of judge of the fourth circuit; Robert Irvine to the office of judge of the fifth circuit ; George Loomis to the office of judge of the sixth circuit; Daniel Polsley to the office of judge of the seventh circuit; Henry Jefferson Samuels to the office of judge of the eighth circuit; and John W. Kennedy to the office of judge of the tenth circuit; and that provision should be made by law for filling, as speedily as possible, the vacancy which appears to exist in the office of judge of the ninth circuit.

ADOPTED, June 20, 1863.

[No. 2.] Joint Resolution raising a Committee on Seals.

Resolved by the Legislature of West Virginia, That a committee be appointed to devise and report suitable devices and inscriptions for the seals of the state, and report the same to the legislature; and that until such seals are adopted and ready for use, the governor be authorized to affix his private seal to all instruments otherwise requiring the seal of the state. ADOPTED, June 23, 1863.

[No. 3.] Joint Resolution requesting the Governor to procure the Statutes of other States.

Resolved by the Legislature of West Virginia, That his excellency Governor Boreman, be requested to address a letter to the governors of the several loyal states, asking them to furnish for the use of the state of West Virginia, a copy of the statutes of their several states.

ADOPTED, June 24, 1863.

[No. 4.] Joint Resolution referring a Communication from the Auditor. Resolved by the Legislature of West Virginia, That the communication of the auditor be referred to the governor, with authority to take such steps in the premises as he may deem proper.

ADOPTED, June 25, 1863.

[No. 5.] Joint Resolution fixing a day for the Election of Public Printer. Resolved by the Legislature of West Virginia, That the two Houses proceed on Wednesday, July first, to the election of a public printer. ADOPTED, June 30, 1863.

[No. 6.] Joint Resolution providing for a Recess.

Resolved by the Legislature of West Virginia, That when it adjourn to-day, it will adjourn to meet on Tuesday next.

ADOPTED, July 2, 1863.

[No. 7.] Joint Resolution raising a Committee to examine the Lunatic Asylum at Weston.

Resolved by the Legislature of West Virginia, That a committee of two from the House and one from the Senate, shall be appointed to inquire into and report the progress made in the construction of the lunatic asylum at Weston; how soon the same or any part thereof will be ready for use or occupancy; the character of the work done; the amount already expended in the construction of said asylum; what balance (if any) of the appropriation heretofore, made is unexpended; and that the said committee also ascertain and report whether a portion of said building can be fitted up for a temporary penitentiary, without detriment to the building in view of its original purpose. If the committee cannot otherwise procure the information desired, it is hereby instructed to go to Weston and inspect said work, and examine the accounts of vouchers of expenditures.

ADOPTED, July 17, 1863.

[No. 8.] Joint Resolution fixing a day for the election of United States Sen

ators.

Resolved by the Legislature of West Virginia, That it will proceed, on Tuesday, the fourth day of August, eighteen hundred and sixty-three, at eleven o'clock, A. M., to the election of two United States senators for the state of West Virginia.

ADOPTED, July 20, 1863.

[No. 9.] Joint Resolution raising a Committee to procure in settlement the Money appropriated to this State by Act of the General Assembly of Virginia.

Resolved by the Legislature of West Virginia, That a joint committee be appointed, consisting of three on the part of the House and two on the part of the Senate, to ascertain and adjust the amount coming to this State under the act of February fourth, eighteen hundred and sixty-three, passed by the general assembly of Virginia, entitled "An Act making an appropriation to the proposed state of West Virginia, &c," and to cause the said money to be passed to the credit of the treasury of this State; and make report to the legislature at as early a day as convenient. ADOPTED, July 23, 1863.

[No. 10.] Joint Resolution raising a Committee to examine the Auditor's Office.

Resolved by the Legislature of West Virginia, That a committee of five from the House and two from the Senate are hereby appointed to examine the audi

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tor's office, and instructed to report if any further legislation is necessary to enable the auditor to discharge his duties; and shall further report any facts deemed pertinent by them.

ADOPTED, July 28, 1863.

[No. 11.] Joint Resolution providing for a Recess.

Resolved by the Legislature of West Virginia, That when the Legislature adjourn on Wednesday, the fifth day of August, it will adjourn to meet on the second day of September; provided, that members and officers of the Legislature shall receive no pay for the time during such recess.

ADOPTED, August 1, 1863.

[No. 12.] Joint Resolution respecting the Printing of the Acts.

Resolved by the Legislature of West Virginia, That instead of the number heretofore directed, there be printed in all two thousand five hundred copies of the acts; of which five hundred shall be distributed, in sheets, among the members, as the session progresses, and the remainder be reserved to be indexed and half bound, in the usual manner, at the end of the session; and that two thousand copies of the constitution 'be printed and bound with the acts of the legislature.

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ADOPTED, August 1, 1863.

[No. 13.] Joint Resolution respecting the Delivery of the Books and Papers in the Auditor's Office.

Resolved by the Legislature of West Virginia, That the governor of this State be authorized to receive from the governor of Virginia the books and papers of the auditor's office, referred to in the message of July 28, 1863, and for and on behalf of this State, to give a proper receipt for the same, engaging to deliver them to the proper authorities of the state of Virginia, if they shall be demanded...

ADOPTED, August 5, 1863.

[No. 14.] Joint Resolution authorizing the Treasurer to receive Money due from the state of Virginia.

Resolved by the Legislature of West Virginia, That the treasurer of the state of West Virginia be authorized to receive and place to the credit of West Virginia, from the treasurer of the commonwealth of Virginia, the sum of fortyfive thousand seven hundred and seventy-one dollars and fifty cents, the balance found to be due from the commonwealth of Virginia to the state of West Virginia, by the joint committee appointed to settle and adjust the amount coming to this State under the act of February 4, 1863. ADOPTED, August 5, 1863.

[No. 15.] Joint Resolution relating to the Payment of certain Claims against the State of Virginia.

Resolved by the Legislature of West Virginia, That a joint committee of three from the Senate and five from the House of Delegates, be appointed to inquire into the expediency of providing for the auditing and paying of out

standing claims against the commonwealth of Virginia within the limits of this State, and that said committee report by bill or otherwise,

ADOPTED, September 12, 1863.

[No. 16.] Joint Resolution expressing Sympathy with the Loyal People af East Tennessee.

Resolved by the Legislature of West Virginia, That we have heard with delight the cheering news of the recent triumph of our arms in the south and southwest; and especially do we hail with unbounded joy the tidings of the deliverance of our suffering loyal brethren of East Tennessee from the despotism of the so-called Southern Confederacy. We assure them of our sympathy for their suffering, our pride in their unconquerable devotion to their country, and our determination to co-operate with them in defending their liberty, and in sustaining the government in its efforts to crush out the accursed rebellion which has desolated their homes and ours.

ADOPTED, September 17, 1863.

[No. 17.] Joint Resolution construing the "Act making an appropriation of $50,000 for procuring Arms, Equipments, and Munitions of War, &c."

It being represented to the legislature that there is doubt as to the construction of an act, passed July second, eighteen hundred and sixty-three, entitled "An Act making an appropriation of fifty thousand dollars for procuring arms, equipments and munitions of war,"

Resolved by the Legislature of West Virginia, That said appropriation was intended, and is hereby construed, so as to cover all expenses incident to the organization of the militia, and their pay and subsistence while in actual service since the twentieth day of June, eighteen hundred and sixty-three. ADOPTED, September 17, 1863.

[No. 18.] Joint Resolution raising a Committee to consider the Military Condi

tion of the State.

Resolved by the Legislature of West Virginia, That a committee of two members of the Senate, and three of the House of Delegates, shall be appointed to consider and report what steps should and can, with propriety be taken by this legislature to insure a more efficient defense of the persons and property of our citizens against the common enemy, including the guerrilla bands by whom so large a portion of our territory is now infested.. ADOPTED, September 24, 1863.

[No. 19.] Joint Resolution raising a Committee to examine and report upon certain Militia Claims.

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Resolved by the Legislature of West Virginia, That à committee be appointed, composed of two from the Senate and three from the House, to examine all claims for militia services within the bounds of this State, rendered since the beginning of the present war, including the fees and other expenses of enrolling, organizing and examining the militia, under general order number ninety-eight, of the war department; and report to each house as to the amount and justice of each claim.

ADOPTED, September 24, 1863.

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