The bill in addition to an act, entitled "an act relative to the city of Detroit," (approved April 4, 1827,) was taken up; and,

Mr. M'Donell moved that the consideration of said bill be postponed until the next session of the Legislative Council; and the motion was agreed to by the following vote, the ayes and nays being required by Mr. Drake:

Ayes-Messrs. Brown, Connor, Durocher, Edwards, M'Donell, Stockton, Trowbridge-7.

Nays-Messrs. Drake, Lawrence, Noble, Rumsey-4.

On motion of Mr. Drake, the Council went into the consideration of Executive business; and having disposed of the same,

Mr. Drake, from the select committee to whom the subject had been referred by a resolution of the Council, made the following report:

REPORT.

The committee, required to inquire into the expediency of defining the powers of Courts to punish for contempt, deeply impressed with the importance of the requisition-under the present state of Judicial proceedings in this Territory-deem it unnecessary to trouble the Council with a long review of principles, or in other words, of usages and customs; it is sufficient, in the estimation of the committee, to know that an evil at present exists-and that the remedy is within the reach of the Council, when in discharge of its legitimate duties. The committee deem it more proper on this occasion to present briefly to the Council a remedy for the evil so loudly complained of, than to recount exciting causes-therefore beg leave to report :

A bill defining the powers of Courts of Record in cases of contempt.

Be it enacted by the Legislative Council of the Territory of Michigan, That the Courts of Record in this Territory, be and they are hereby authorised to punish contempts of court committed in the prescuce thereof, with a fine not exceeding twenty-five dollars, or imprisonment not exceeding forty-eight hours.

SEC. 2. That in all other cases of contempt, excepting disobedience of legal process, the party complained of shall be entitled to a trial by jury.

The report was read, and the bill accompanying the same was read the first time; and on motion, said bill was read the second time by its title and laid on the table.

On motion of Mr. Lawrence,

The memorial to the Congress of the United States, asking ar appropriation for the purpose of laying out and opening a Road from La Plaisance Bay to the Chicago Road d; was taken adopted.

On motion of Mr. Drake,

en up and

The report of the Directors of the Clinton River Navigation Company, was taken up and referred to the committee on the Judiciary.

P

On motion of Mr. Brown,

Resolved, That the committee on the Judiciary be instructed to examine the act for the limitation of suits on penal statutes, criminal prosecutions, and actions at law; and if any amendments be nethe said committee have leave to report by bill or other

cessary, wise.

On motion of Mr. Noble, the Council then adjourned.

WEDNESDAY, Nov. 4, 1829.

Prayer by the Rev. Mr. Richard.

The President directed a call of the Council, and it appeared that the following members were absent, viz: Messrs. Connor, Drake, Durocher, Noble, Rumsey, Stockton, Trowbridge.

There not being a quorum, the Sergeant-at-Arms was ordered by the President to require the attendance of the absent members.

At 11 o'clock, Messrs. Connor, Drake, Durocher, Noble, Rumsey, Stockton, and Trowbridge, having appeared, a quorum was formed, and the Council proceeded to business.

Mr. Stockton presented the claim of S. M'Knight for newspapers and printing, for the Council; of E. D. Ellis, for newspapers for the Council; of W. L. Newberry, for stationary; and of J. P. Sheldon, for balance due for printing the laws of the first session of the third Legislative Council. Referred to the committee on Expenditures.

Mr. M'Donell moved that a member be added to the committee on Expenditures; the motion was agreed to, and,

The President announced that Mr. Lawrence was appointed to said committee.

Mr. Drake, from the committee of Enrolment, reported as correctly enrolled, bills with the following titles, viz:-"An act to amend the several acts now in force for the regulation of the WhiteFishery in the strait of Detroit and the River St. Clair ;"" an act to amend an act, entitled "an act for the punishment of crimes," (approved April 13, 1827); "an act to provide for laying out a certain Territorial Road ;""an act to provide for the termination of the present session of the Legislative Council, and for the annual commencement of future sessions of the Council ;""an act to amend "an act concerning Estrays ;""an act to provide for laying out and establishing a certain Territorial Road ;""an act to amend an act, entitled "an act relating to interest on contracts;" "an act to organise the counties of Cass and St. Joseph, and for establishing courts therein ;"" an act defining the duties of the Treasurer of the Territory of Michigan ;" and the President signed the

same.

Mr. Rumsey, from the select committee to whom had been committed the "bill for the relief of Lucy Berthelet," and certain papers relative to the application of said Lucy Berthelet to be divore

ed from her husband; reported said bill without amendment-and the bill was laid on the table.

Mr. Durocher, from the committee on Claims, to whom was committed, a bill to provide for the payment of certain claims from the Territorial Treasury; reported said bill with amendments, and the bill and amendments were laid on the table.

On motion of Mr. Lawrence, the Council went into the conside ration of Executive business; and having disposed of the same, The bill to provide for and regulate Common Schools, was taken up, and,

Mr. Drake submitted certain amendments for the consideration of the Council; and said bill and amendments were then laid on the table.

A message on Executive business was received by the hands of Mr. E. A. Brush.

The bill to amend "an act amendatory to certain acts relative to the duties and privileges of townships, and for other purposes," was taken up and read the third time; whereupon,

Mr. Noble moved sundry amendments to said bill; and, on motion, said bill and amendments were laid on the table. A message by Mr. E. A. Brush :

Mr. President-The Governor of the Territory has this day approved and signed, an act to amend an act, entitled "an act relating to interest on contracts;""an act to amend "an act concerning Estrays;" " an act to provide for the termination of the present session of the Legislative Council, and for the annual commencement of future sessions of the Council;""an act to amend an act, entitled " an act for the punishment of crimes," (approved April 7, 1827); an act to provide for laying out a certain Territorial Road;"" an act to provide for laying out and establishing a certain Territorial Road ;"" an act defining the duties of the Treasurer of the Territory of Michigan ;""an act to amend the several acts now in force for the regulation of the White-Fishery in the strait of Detroit and the River St. Clair ;" and, an act to organise the counties of Cass and St. Joseph, and for establishing courts therein."

66

The bill to amend an act, entitled "an act relative to mill-ponds," was taken up and read the third time; and,

On motion, said bill was then laid on the table.

The bill to amend, and in addition to, the acts to divide the several counties in this Territory into townships, and for other purposes, was taken up and read the third time.

On motion of Mr. Noble, the blank in the 2d section of said bill was filled by inserting the word “Ontwa.”

On motion, said bill was then passed.

The bill to amend an act, entitled "an act to incorporate Medical Societies, for the purpose of regulating the practice of Physic and Surgery in the Territory of Michigan," was taken up and read the third time.

On motion of Mr. M'Donell, said bill was then amended by striking out the word "prosecuting," in the second section of said bill, and by inserting in lieu thereof the word "district."

On motion, said bill was then passed.

The bill to establish the Farmers' and Mechanics' Bank of Michigan, was taken up and read the third time.

Mr. Noble then moved that the bill be laid on the table; and the motion was decided in the negative.

On motion, the question "shall the bill now pass ?" was then put, and was decided in the negative by the following vote; the ayes and nays being required by Mr. M'Donell:

Ayes-Messrs. Brown, Connor, Edwards, M'Donell, Stockton

-5.

Nays-Messrs. Drake, Durocher, Lawrence, Noble, Rumsey, Trowbridge-6.

So the bill was lost.

The bill to regulate and improve the navigation of Black River, in the county of St. Clair, was taken up and read the third time.

On motion of Mr. Connor, the bill was then amended by adding at the close of the 4th section the following, viz:-" and shall be maintained and kept in repair by said Supervisors, at the expense of the county of St. Clair."

Mr. Drake moved that the bill be further amended by adding at the close of the 7th section the following, viz:-" and it shall be competent for any individual, whose rights are affected, or who may consider himself aggrieved by this act, to apply from time to time, for indemnification; and no allowance of his claim for damages, at any time, shall be a bar to subsequent claims for subsequent damages;" and the motion was decided in the affirmative by the following vote, the ayes and nays being required by Mr. Drake: Ayes-Messrs. Brown, Connor, Drake, Durocher, Edwards, Lawrence, Noble, Rumsey, Trowbridge-9.

Nays-Messrs. M'Donell, Stockton-2.

On motion of Mr. Stockton, the question "shall the bill now pass?" was put, and it was decided in the affirmative by the following vote, the ayes and nays being required by Mr. Drake:

Ayes-Messrs. Connor, Durocher, Edwards, Lawrence, M'Donell, Noble, Stockton-7.

Nays-Messrs. Brown, Drake, Rumsey, Trowbridge-4. On motion of Mr. Drake, the Council took a recess until S o'clock, P. M.

3 o'clock, P. M.

Mr. Drake, from the committee of Enrolment, reported as correctly enrolled, a bill entitled "an act relative to the office and duties of the Auditor of the Territory of Michigan ;" and the President signed the same.

The bill in addition to the several acts concerning the Supreme, Circuit and County Courts of the Territory of Michigan, defining

heir jurisdiction and powers, and directing the pleadings and pracice therein in certain cases; was taken up as in committee of the vhole.

Mr. Lawrence then moved that the bill be amended by inserting fter the word "county," in the 4th line of the 2d section the folwing, viz:-" and all the records and papers relating thereto, all be taken possession of, and remain in the custody of the proer clerk ;" and that, after the word "law," in the 7th line of the id section, the following be inserted, viz :—“ in as full and ample manner as if the same had originated therein, or had been remod there by appeal, habeas corpus, or in any other manner whater;" and the motion was agreed to.

Mr. Drake moved that the bill be amended by striking out the ords, "the November term of the County Court of Oakland unty," in the 4th section; and the motion was decided in the netive by the following vote, the ayes and nays being required by r. Noble :

Ayes-Messrs. Drake, Durocher, Lawrence-3.

Nays-Messrs. Brown, Connor, Edwards, M'Donell, Noble, umsey, Stockton, Trowbridge-8.

Mr. Lawrence moved that the bill be further amended by insertg after the word "that," in the first line of the 6th section, the llowing, viz: "the clerk of the Supreme Court shall be, ex officio, erk of the Circuit Court in the county where the Supreme Court ts; and in all other counties”—and that after the word "clerks,” the 3d line of the said section, the following be inserted, viz : and the clerk of the Supreme Court ;" and the motion was agreed

On motion of Mr. Noble, the words "Cass and St. Joseph," ere inserted in the 3d line of the 11th section.

On motion of Mr. Noble, three sections were added to the bill, stand as the 19th, 20th and 21st sections thereof.

On motion of Mr. Drake, a section was added to the bill, to stand the concluding section thereof; and,

On motion, said bill was then ordered to be engrossed and read a aird time to-morrow.

The bill to amend "an act to regulate and define the powers of ustices of the Peace and Constables in civil cases," and the act to mend said act, was taken up as in committee of the whole.

Mr. M'Donell moved that said bill be committed to the commiton the Judiciary, and the motion was decided in the negative y the following vote-Mr. Drake requiring the ayes and nays: Ayes-Messrs. Connor, Brown, Drake, M'Donell-4. Nays-Messrs. Durocher, Edwards, Lawrence, Noble, Rumsey, Rockton, Trowbridge-7.

Mr. Rumsey then moved to amend the 1st section of the bill by serting, after the word "Peace," in the 4th line, the following, except Attorneys licensed to plead and practice law in the upreme Court ;" and the motion was decided in the negative.