than those mentioned in subsection one (1) foregoing, made by such cities, towns and counties.

But under subsection two (2) of this section no city, town or county having a population greater than five hundred inhabitants per square mile as shown by the last United States census shall exercise the authority so to assess such properties specially and peculiarly benefitted until the provisions of a general ordinance authorizing the same shall be adopted by such city, town or county having a population greater than five hundred inhabitants per square mile, as shown by the last United States census, by a vote of a majority of the qualified voters thereof voting thereon at an election held for the purpose, nor shall such tax or assessment, other than that provided for in subsection one (1) be imposed, unless and until at least two-thirds in interest (as ascertained from assessed taxable values) of the owners of the properties so to be assessed shall, in writing, request such

assessment.

The aggregate of taxes or assessments imposed under this section shall not exceed two-thirds of the total cost of such improvement.

No such taxes or assessments shall be imposed by a city, town or county having a population greater than five hundred inhabitants per square mile, as shown by the last United States census, except as authorized by this section.

Except in cities and towns, and counties having a population greater than five hundred inhabitants per square mile, as shown by the United States census, no such taxes or assessments for local public improvements shall be imposed upon any landowner," and insert in lieu thereof the following:

"No city, town or county having the right under this section shall impose any tax or assessment upon abutting landowners for street or other public local improvements, except for the making and improving the walkways upon then existing streets, and improving and paving then existing alleys, and for either the construction, or for the use of sewers; and the same when imposed, shall not be in excess of the peculiar benefits resulting therefrom to such abutting landowners. Except in cities and towns, and counties having a population greater than five hundred inhabitants per square mile, as shown by United States census, no such taxes or assessments for local public improvements, shall be imposed on abutting landowners," which was rejected. ―ayes, 32; nays, 54.

On motion of MR. BOSCHEN, the vote was recorded as follows:

AYES-Adams, Boschen, Boyd, E. T., Breneman, Coleman, Folkes, Fuller, Gordon, Graham, Graves, Hailey, Hamner, Hanes, Hicks, Horner, Jones, C. A., Jones, J. P., Jordan, Keezell, Kelly, Malbon, Mugler, Parker, W. A., Pierce, Price, Rodgers, Saunders, Shepherd, Warren, C. R., Warren, L. E., Williams, Wood-32.

NAYS-Allman, Barton, Bird, W. W., Bolling, Bolton, Booker, Bowles, Boyd, I. C., Brewer, Brown, Bruce, Carter, Cato, Coiner, Cole, Doosing, Dovell, Fain, Gary, George, Hall, Harman, Jeffreys, Jesse, Jones, E. B., Lyon, Mason, Massenburg, Milstead, Moffett, Moore, Nickles, Norris, Page, Ramey, Rew, Savedge, Shrader, Sinclair, Smith, C. H., Smith, J. S., Snead, Speers, Topping, Tuck, Vellines, Waller, Warren, Geo. M., Watts, Weeks, Wright, J. W., Wright, W. A., Young, Mr. Speaker-54.

MR. JONES, of Richmond city, moved to amend section 170 by striking out after the words "Unless and until," and the following: "At least two-thirds in interest (as ascertained from assessed taxable values)" and insert the word "all," which was rejected.

MR. BOSCHEN moved to amend section 170 by adding at the end of the section, the following: "This section shall not apply to cities having a population of one hundred and seventy thousand or more,' which was rejected.

MR. VELLINES moved to amend section 170 by striking out after the words "shall not exceed," the words "two-thirds" and insert the words "one-half," which was rejected.

MR. HAMNER moved to amend section 176 by striking out after the words "and subject to" the following: "The provisions of section one hundred and sixty-six" and insert in lieu thereof the words: "Such segregation of property, if any, as is provided in section one hundred and seventy-one," which was agreed to.

MR. PRICE moved severally to amend section 181 by inserting after the word "sections" the words "one hundred and seventy-one and," and after the word "mentioned" strike out the comma, and after the words "corporations therein mentioned," and strike out the word "to," which were severally agreed to.

MR. BARTON moved to amend section 185 by inserting after the words "except public roads" the words "and public parks," which was agreed to.

MR. NORRIS moved to amend section 189 by inserting after the word "authorize" the words "the governing bodies of," which was agreed to.

MR. NORRIS moved to amend section 189 by adding after the word "establishments" the words "and works of internal improvement" which was agreed to.

MR. TUCK moved to amend section 190 by adding at the end of the section the following: "Seventh. For necessities of life" which was rejected.

MR. BRUCE moved to reconsider the vote by which the House rejected the motion of MR. JONES, of Highland, to strike from section 10 the words "any warrant for search and seizures must have the name of the complaining party" which was agreed to-ayes, 54; nays, 35.

On motion of MR. BOSCHEN, the vote was recorded as follows:

AYES-Adams, Allman, Barton, Bird, George T., Bolton, Booker, Boyd, E. T., Brewer, Brown, Bruce, Cato, Coiner, Cole, Coleman, Diggs, Doosing, Dovell, George, Graham, Hailey, Hamner, Hanes, Harman, Hicks, Jeffreys, Johnson, Jones, E. B., Jones, J. P., Keezell, Kelly, Malbon, Massenburg, Milstead, Moore, Mugler, Parker, W. A., Pierce, Price, Ramey, Rodgers, Savedge, Shepherd, Shrader, Smith, J. S., Snead, Taylor, Topping, Warren, C. R., Warren, Geo. M., Watkins, Weeks, Wood, Wright, J. W., Mr. Speaker-54.

NAYS-Bear, Bolling, Boschen, Bowles, Boyd, I. C., Breneman, Carter, Fain, Folkes, Fuller, Gary, Gordon, Graves, Hall, Jesse, Jones, C. A., Jordan, Lyon,

Mason, Moffett, Nickles, Norris, Page, Rew, Saunders, Sinclair, Smith, C. H., Tuck, Vellines, Waller, Warren, L. E., Watts, Witten, Wright, W. A., Young-35.

The motion of MR. JONES of Highland was agreed to-ayes, 49; nays, 36.

On motion of MR. BOSCHEN, the vote was recorded as follows:

AYES-Adams, Allman, Barton, Bird, George T., Bolton, Booker, Boyd, E. T., Brewer, Brown, Bruce, Cato, Cole, Coleman, Diggs, Doosing, Dovell, George, Graham, Hailey, Hamner, Hanes, Harman, Hicks, Jeffreys, Johnson, Jones, E. B., Keezell, Kelly, Massenburg, Milstead, Mugler, Parker, W. A., Pierce, Price, Ramey, Rodgers, Savedge, Shepherd, Shrader, Smith, J. S., Snead, Taylor, Topping, Warren, C. R., Warren, Geo. M., Watkins, Weeks, Wright, J. W., Mr. Speaker-49.

NAYS-Bear, Bolling, Boschen, Bowles, Boyd, I. C., Breneman, Carter, Coiner, Fain, Folkes, Fuller, Gordon, Graves, Hall, Jesse, Jones, C. A., Jordan, Lyon, Mason, Moffett, Norris, Page, Rew, Saunders, Sebrell, Sinclair, Smith, C. H., Tuck, Vellines, Waller, Warren, L. E., Watts, Williams, Witten, Wright, W. A., Young-36.

MR. GARY stated that he would have voted in the negative but was paired with MR. JONES, of Richmond city.

MR. NORRIS moved to reconsider the vote by which the House agreed to the motion of MR. FOLKES to add to section 64 the following:

"No general or special law shall permit a different rate of interest for a smaller loan than for a greater loan under any pretext whatsoever," which was agreed to.

MR. NORRIS moved to amend the motion of MR. FOLKES by adding after the words "special law" the words "except in the case of mutual building and loan associations and banks" which was rejected. The motion of MR. FOLKES was rejected.

The joint resolution as follows:

No. 1 HOUSE JOINT RESOLUTION.

Proposing Amendment to the Constitution of Virginia,

Resolved by the House of Delegates, the Senate concurring, (a majority of the members elected to each house agreeing), That the following amendment to the Constitution of Virginia be, and the same is hereby, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence, in conformity with the provisions of section one hundred and ninety-six of the said Constitution, namely:

Strike out from the Constitution of Virginia articles one to fifteen thereof, both inclusive, and sections one to one hundred and ninetyseven thereof, both inclusive (except section eighty-one of article five, section one hundred and thirty-one of article nine, section one hundred and forty-five of article ten, section one hundred and fifty-two of article eleven, and section one hundred and seventy-one of article thirteen), and insert in lieu thereof the following:

CONSTITUTION OF VIRGINIA

ARTICLE 1

Bill of Rights

A declaration of rights, made by the good people of Virginia, in the exercise of their sovereign powers; which rights do pertain to them and their posterity, as the basis and foundation of government.

Section 1. Equality and rights of men.-That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

Section 2. People the source of power.-That all power is vested in, and consequently derived from the people; that magistrates are their trustees and servants, and at all times amenable to them.

Section 3. Government instituted for common benefit.—That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indutiable, inalienable, and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.

Section 4. No man entitled to exclusive emoluments or privileges; offices not to be hereditary.—That no man, or set of men, is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator or judge to be hereditary.

Section 5. Legislative, executive and judicial departments of State should be separate; election should be periodical.-That the legislative, executive and judicial departments of the State should be separate and distinct; and that the members thereof may be restrained from oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by regular elections, in which all or any part of the former members shall be again eligible, or ineligible, as the laws may direct.

Section 6. Suffrage; taxation; private property for public uses; consent of governed. That all elections ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed, or deprived of, or damaged in, their property for public uses, without their own consent, or that of their representatives

duly elected, or bound by any law to which they have not, in like manner, assented for the public good.

Section 7. Laws should not be suspended.-That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

Section 8. Concerning criminal prosecutions generally.-That in criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty. He shall not be deprived of life or liberty, except by the law of the land or the judgment of his peers; nor be compelled in any criminal proceeding to give evidence against himself, nor be put twice in jeopardy for the same offense.

Laws may be enacted providing for the trial of offenses not felonious before a justice of the peace or other inferior tribunal, preserving the right of the accused to an appeal to and a trial by jury in some court of record having original criminal jurisdiction. Laws may also provide for juries consisting of less than twelve, but not less than five, for the trial of offenses not felonious, and may classify such cases, and prescribe the number of jurors for each class.

In criminal cases, the accused may plead guilty; and, if the accused plead not guilty, with his consent and the concurrence of the Commonwealth's attorney, he may be tried by a smaller number of jurors, or waive a jury. In case of such waiver, or plea of guilty, the court may try the case.

Section 9. Excessive bail or fines and cruel and unusual punishments prohibited. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Section 10. General warrants of search of seizure prohibited.That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.

Section 11. No person to be deprived of property without due process of law; trial by jury to be held sacred.-That no person shall be deprived of his property without due process of law; and in controversies respecting property, and in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred. The General Assembly may limit the number of jurors for civil cases in courts of record to not less than five in cases now cognizable by justices of the peace, or to not less than seven in cases not so cognizable.

Section 12. Freedom of the press and of speech.-That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments; and any citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right.