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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 Rivera in the county of St. Clair, was taken up and read the ihird 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 3 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 du. ties 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

1. November 4.]

LEGISLATIVE COUNCIL.

117

heir jurisdiction and powers, and directing the pleadings and prac9 fice therein in certain cases; was taken up as in committee of the whole.

Mr. Lawrence then moved that the bill be amended by inserting : after the word "county,” in the 4th line of the 2d section the fol

lowing, viz :—" and all the records and papers relating thereto, shall be taken possessiou of, and remain in the custody of the proper clerk;" and that, after the word " law,” in the 7th line of the said section, the following be inserted, viz :-“in as full and ample a manner as if the same had originated therein, or had been removed there by appcal, habeas corpus, or in any other manner whatever;" and the motion was agreed to.

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

Ayes-Messrs. Drake, Durocher, Lawrence--3. Nays-Messrs. Brown, Connor, Edwards, M'Donell, Noble, Rumsey, Stockton, Trowbridge-s.

Mr. Lawrence moved that the bill be further amended by inserting after the word “ that," in the first line of the 6th section, the following, viz: “the clerk of thc Supreme Court shall be, ex officio, clerk of the Circuit Court ju the county where the Supreme Court sits; and in all other counties”-and ihat after the word “ clerks,” in the 3d line of the said section, the following be inserted, viz : " and the clerk of the Supreme Court;" and the motion was agreed to.

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

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

On motion of Mr. Drake, a section was added to clic bill, lo stanil as the concluding section thereof; and,

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

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

Mr. M'Donell moved that said bill be committed to the committes on the Judiciary, and the motion was decided in the negative by the following vote-Mr. Drake requiring the ayes and nays: 1

Ayes—Messrs. Connor, Brown, Drake, M'Donell—4. Nays-Messrs. Durocher, Edwards, Lawrence, Noble, Rumscy, Stockton, Trowbridge-7.

Mr. Rumsey then moved to amend the 1st section of the bill by inserting, after the word “ Peace,” in the 4th line, the following, viz: “except Attorneys licensed to plead and practice law in the Supreme Cours ;” and the motion was decided in the egative.

On motion of Mr. Drake, the 2d section of tle bill was amende: by inserting, after the word “ office,” in the 2d line, the following viz: “ and all those now in office."

Mr. M'Donell then moved that the bill be further amended tą striking out the whole of the 2d section, and inserting in lieu thora of the following, viz :-" That any Justice of the Peace who shall be convicted of a misfeasance or malfeasance in office, or who sku!! fail to pay over money collected by him in his official capacity as ? Justice of the Peace, as may be made to appear by a judgment of a court of record-in either of which cases, upon satisfactory pros? it shall be the duty of the Governor, or person administering the government, forth with to remove such Justice from office ; and sai! Jus ice shall be incapable of serving as a Justice of the Peace fo: three years thereafter”-and said motion was decided in the nega tive by the following vote; the ayes and nays being required i; Mr. M'Donell :

Ayes—Messrs. Brown, M'Donell--2.

Nays-Messrs. Connor, Drake, Durocher, Edwards, Lawrence Noble, Rumsey, Stockton, Trowbridge-9.

Mr. Stockton then moved that the 2d section be amended by striking out all asier the word “understanding," in the oth live' and the motion was decided in the negative by the following vore: the ayes and nays being required by Mr. Stocktou:

Aycs-Messrs. Edwards, M'Donell, Stockton--3.

Nays-Messrs. Brown, Connor, Drake, Durocher, Lawrence, Noble, Rumsey, Trowbridge-8.

Mr. M’Donell then moved that the words, “lands and tené. ments,” be siricken out of the 12th line of the 5th section of the bill, and that a corresponding alteration be made in other sections of the bill, where those words occur; and the motion was agreed to.

On motion of Mr. Drake, the bill was further amended, by adding thereto three sections, to stand as the 12il), 15th and 14th seetions thereof.

On motion, said bill with the amendments, was ordered to be en grossed and read a third time to-morrow.

The bill to amend an act, entitled “ an act concerning judgments and executions," (approved April 12, 1827,) and the act COD cerning mortgages," was taken up, with the amendmcut subunitted on the 29th ult. by Mr. M'Donell, as in committee of the whole.

Mr. M'Donell moved (in lieu of his amendment lieretofore cifered) that the bill be amended by adding at the close of the 20 **** tion, the following proviso :-- Provided, That real estate shallar be sold for less than two thirds its appraised value in cash, in estinated by three freeholders, upon oath ;" and the notice agreed to by the following vote, the ayes and nays being require by Mr. M'Donell:

Arjes.... Messrs. Brown, Connor, Durocher, Edwards, VIP: Stockton, Trowbridge.....

Nays....Messrs. Drake, Lawrence, Noble, Rumsey....4. On motion, said bill was then ordered to be engrossed and read a third time to-morrow.

On motion of Mr. Noble, the Council went into the consideras tion of Executive business; and having disposed of the same,

Mr. Stockton presented the claim of H. Williams, for keys, furvished for the Council ; which was referred to the committee on Expenditures.

Nir. Durocher, from the committee on Claims, made a report adversc to certain claims of the following persons, heretofore referred to said committee, viz: Audrain Abbott, William Little, James Connor, Samuel Van Fossen, A. C. Caniff, J. W Day, Melvin Dorr, William Lewis, Jer. V. R. Ten Eyck, A. Madison, Th. B. Clarke, Mary Triskett, William Burbank, A. W. Aldrich, and othTs; and David Smith and others.

The memorial to the Congress of the United States, asking for in appropriation for the purpose of staking out and placing buoys in the nats, near the mouth of the River St. Clair, and for remoring the obstructions at the mouth of the Clinton River, was taken Ip; and, Oa motion of Mr. Stockton, said memorial was adopted.

The memorial to ille Congress of the United States, relative to n additional body to the Territorial Legislature, was taken up.

Nr. Noble moved to recommit said memorial to the committee a Territorial Affairs; and the motion was decided in the negative Es the followiny vote, the ayes and nays being required by Mr. Brike:

Aujes.... Messrs. Drake, Durocher, Joble, Rumsey, Trowbridge -..5.

Nays.... Messrs. Brown, Connor, Edwards, Lawrence, M'Do-
I, Stockton....6.
Said memorial was then laid on the table.

On motion of Mr. Lawrence, the Council then adjourned until -orrow, at 9 o'clock, A. M.

TIIURSDAY, Nov. 5, 1829.

Prayer by the Rev. Mr. Richard. Mr. Stockton presented the petition of Lewis B. Berthelet, praygthai the bill for the relief of Lucy Berthelet, may not become il w, and that he may be heard, by liis aliorney before the Council. Fad and laid on the table.

Ir. Stockton, from the committee on Territorial Affairs, repried, I bill amendatory to the several acts relative to the assessment 1 collection of Territorial taxes, which was read the first time; i on motion said bill was read the second time. O motion of Mr. M'Donell, said bill was then ordered to be onsesed aud read a third time to-day.

Mr. Lawrence, from the committee on Territorial Affairs, to whom the subject had been referred by a resolution of the Council, reported,

A resolution requesting the Secretary of State of the United States, to furnish a certain number of the Laws of the United States, for the use of the Territory; which was read and laid on the table.

Mr. Drake, from the select committee to whom the memorial and petition of John P. Sheldon was referred, made the following report:

REPORT. The select committee to whom the memorial and petition of John P. Sheldon was referred, have had the same under consideration, and beg leave to report :

That, in ihe opinion of the committee, the powers conferred upon the Governor of the Territory by the act of Congress, of March 3d, 1823, to grant pardons for offences against the Territory, are of a nature to bring within their pale the remission of a fine, asteri has been paid to a Sheriff. To deny the right on the part of the Executive, to exercise this power, would be, to circumscribe his pare doning prerogative to limits so narrow, that in most cases, to which it was no doubt the intention of Congress to extend it, it would be wholly inoperative. Indeed, it could in no case ever be extended to the relief of a person who, though unjustly fined, should rather pay a fine than be imprisoned in a dungeon. A reference to the terms of the acts by which the Executive officers of the sereral States, and the President of the United States, are clothed with par Joning powers, and an examination of the manner in which these powers have from time to time been exercised by those officers, will, as the committee believe, convince the Council, that the case of the petitioner, so long as the fine is in the hands of the Sherifi

, s within the scope of the legal and proper powers of the Executive a ile Territory; and if so, the committee would recommend adoption of the following resolution :

Presulre :1, That the petitioner have leave to withdraw his pert 110:1, and the documents accompanying the same.

The report having been read,

Mr. Rumsey moved that it be recommitted to the seleci Count icoby whom it was reported ; and the motion was decided in th negative.

The report was then laid on the table.

Mr. Noble, from the committee of Enrolment, reported, as co rectly enrolled, bills with the following titles, viz: " An act amend an act, entitled “an act to incorporate Medical Socieiic for the purpose of regulating the practice of Physic and Surgery the Territory of Michigan ; " « au aci to prescribe the tenure of Ace of Auctioneers, and to levy a duty upon sales at auction in der

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