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Mr. Irwin moved that the ill be amended by striking out the word "county", before the word " Court," in the 4th line of the 1st section, and insert in lieu thereof the word "Circuit ;" and the motion was agreed to.

Mr. Drake moved that the bill be further amended by striking out the word "village," in the fifth line of the 1st section, and insert in lieu thereof the word "borough ;" and the motion was agreed to.

The bill was then reported, as amended, to the Council; and the amendments having been coucurred in, said bill was, on metion of Mr Irwin, ordered to be engrossed and read a third time to-mor

Tow.

On motion of Mr. Noble, the Council went into the conside tation of Executive business; and having disposed thereof, On motion of Mr. Irwin, adjourned.

WEDNESDAY, May 28, 1828.

Prayer by the Rev. Mr. Coston.

Mr. Drake presented the petition of the Directors and Stockholders of the "Clinton River Navigation Company," praying that said Company may be enabled to raise money by a Lottery, to ens able them to effect the objects of their incorporation.

Said petition having been read,

Mr. Drake moved to refer it to the committee on Territorial Affairs.

Mr. M'Donell moved to amend the motion, so as to refer said petition to a select committee of three members-and the proposed amendment having been received by Mr. Drake as a part of his tion; the motion was agreed to, and,

Messrs. Drake, M'Donell and Irwin, were appointed said select committee.

The President presented the claim of Mrs. Petit, for storing the furniture of the Council. Referred to the committee on Claims.

Mr. Drake, from the committee of Enrolment, reported as correc ly enrolled, bills with the following titles, viz:

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"An act to amend on act, entitled an act to incorporate the vil lage of Monroe," and for other purposes;"

"An act to provide for the appointment of a Deputy Clerk of the Supreme Court of the Territory of Michigan;"

"An act to set off and connect township four, in range ten, in the township of Oakland and county of Oaklaud, to the township of Pontic, in said county.”

And the President signed the same.

Mr. Stockton, from the select committee appointed to prepare a bill to dissolve the bds of murin ny, between Sm. h H. Yacey anary C. Yancey, ade the foliow: ig report, accompanied by a bill for the relief of Mary C. Yancey."

The committee appointed to bring in a bill to dissolve the bands of matrimony between Smith H. Yancey and Mary C. Yancey, have had the subject under consideration, and report

That Smith II Yancey was married to Mary C. Yancey on the 17th day of July, 1825, and that in the month of September following, the said Yancey alleged that he had business at Ann Arbor, in the county of Washtenaw, which required his personal attendance there; and that he should not be absent more than ten days; that he borrowed a horse from the father of Mrs. Yancey, and departed as was believed, for that place. After the expiration of the time fixed for his return, and not hearing from him, irs. Yancey became alarmed for his safety, and immediate enquiry was made, the result of which was, that he did not go to Ann Arbor, as was contemplated, but was seen at Woodruff's Grove, in said county; and notwithstanding every enquiry has been made from that time to the present, not the least information has been received relative to him. In addition to the foregoing facts, there are circumstances which furnish satisfactory evidence to your committee, that Yancey never intended to hold sacred the marriage contract; among which are-1st His having stated that he had deposited in the Bank of Michigan $6000.

2d. That he had loaned to individuals in Detroit $2000.

3d. His offer to furnish capital, and become concerned with a gentleman in Detroit, in the mercantile business.

4th. Making the preliminary arrangements for the purchase of real estate in this Territory.

5th. His taking with him the best of his wearing apparel, with out the knowledge of Mrs. Yancey, and leaving that most worn, together with a mortgage for a piece of land, for $50, which Le had loaned; whereby his intentions might not be suspected.

Your committee are fully satisfied, that the foregoing circumstances, of the conduct of Yancey, could only have been made by him for the purposes of fraud and deception; the facts in relation thereto will warrant this conclusion, as he never had a dollar depos sited in the Bank, nor did he ever loan to the individuals spoken of who were Messrs. Rees, Wadhams, & Co.) one cent-and as to the purchase of real estate, the conveyances were made out, and he declined having them executed until his return from Aun Arbor; he pretending to be then on his way to that place.

Your committee in investigating the subject, have availed the.nselves of the opinion of the Attorney General, which is her with subjoined; and they ask that it may be received as a part of their

report.

Your committee, after a full investigation of the subject, are satisfied that Mrs. Yancey is entitled to relief, and recommend to the favorable consideration of the Council the accompanying bill.

Detroit, May 27, 1828. SIR-I have received a communication from you, as Chairman

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of the select committee of the Legislative Council, to which was referred the petition of Mary C. Yancey, praying that the marriage contract between your petitioner and her husband, Smith H. Yan cey, may be dissolved, in which you request my opinion as to the propriety of granting the prayer of your petitioner.

I entertain no doubt respecting the power of the Legislature to grant such relief to the injured party.

The only questions which can arise on such applications, relate to the injury of each individual case, and the expediency of the measure, under all the circumstances of each case.

The case presented by your petitioner, if sustained by fair and satisfactory evidence, is one of great hardship if no relief can be obtained bat by the ordinary proceedings in cases of divorce; but considerations of this kind are exclusively in the province of the Legislature.

Very respectfully, your ob't serv't,

WM. A. FLETCHER, Attorney General. Hon. JOHN STOCKTON, Chairman of select committee.

The "bill for the relief of Mary C. Yancey," was read the first time; and on motion, said bill was read a second time, and having been considered in committee of the whole, it was, on motion,

Ordered to be engrossed and read a third time to-morrow.

Mr Drake, from the committee on the Judiciary, to whom had been referred "a bill concerning Grand and Petit Jurors," reported the same with amendments.

Said bill with the amendments were then considered in committee of the whole, and the amendments having been concurred in; the bill as amended was reported to the Council and accepted.

Mr. Drake then moved that the bill be now read the third time; and the motion was agreed to.

Said bill was then read the third time; and, on motion, the question "shall the bill pass ?" was then put, and was decided in the affirmative.

So the bill passed.

Mr. M'Donell gave notice that he should, to-morrow, ask leave to bring in "a bill supplementary to, and explanatory of," an act concerning judgments and executions."

On motion of Mr. Noble, the Council adjourned.

THURSDAY, May 29, 1828.

Prayer by the Rev. Mr. Coston.

The President announced, that he yesterday presented to the Go vernor, for his approval and signature

An act to provide for the appointment of a Deputy Clerk of thế Supreme Court of the Territory of Michigan.

An act to need an act, entitled "an act to incorporate the vil lage of Monroe," and for other purposes.

An act to set off and conneet township four, in range ten, in the township of Oakland and county of Oakland, to the township of Pontiac, in said county.

Mr. M'Donell asked, and on motion, obtained leave to bring in "a bill supplementary to, and explanatory of, an act concerning judgments and executions"-and also, "a bill amendatory of the act allowing and regulating writs of replevin."

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And Messrs. M'Donell, Stockton, and Irwin, were appointed a committee to prepare said bills.

The "bill to provide for holding a special session of the Circuit Court for the county of Crawford," was taken up and read a third time.

Mr. Drake then moved that the bill be amended by striking out all after the words "contained in," in the 3d line of the third section, and insert in lieu thereof, the words, " any law to the contrary notwithstanding ;" and the motion was decided in the affirmative.

Mr. Irwin then moved, that the bill be further amended, by adding at the close of the 3d section, the following, viz: “Provided, That any deficiency in said panel, from any cause whatever, shall not operate to prevent the Court from causing a sufficient number of other jurors, to complete the panel aforesaid, to be summoned from among the neighboring citizens or by-standers ;" and the motion was agreed to.

The question on the passage of the bill was then put, and was decided in the affirmative.

So the bill passed.

The "bill for the relief of Mary C. Yancey," was taken up and read the third time.

Mr. Stockton then moved that the bill be amended by adding at the close thereof the following: "Provided, hat nothing in this act shall be so construed, as to release and discharge the said Sanith H. Yancey from any of the pains and penalties, which, by law, he may be liable to ;" and the motion was agreed to.

The question "shall the bill pass ?" was then put, and was decided in the affirmative.

The resolution submitted by Mr. Schoolcraft on the 27th inst. relauve to obtaining certain periodicals for the Council, was taken up and adopted.

Mr. Irwin submitted the following resolution, which was laid on the table:

Resolved, That the committee on Expenditures be instructed to inquire whether any of the laws of this Territory ought to be pub lished in the French language, in addition to those already publishod, and the probable expense that would be incurred in the trauslation and printing of such as they may deem advisable to publish as aforesaid, and to report by bill or otherwise.

Mr. Irwin also submitted the following resolution:

Resolved, That the committee on Expenditures bo instructed to

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purchase one dozen of chairs of a good quality, in addition to those already ordered for the committee rooms.

Mr. Schoolcraft moved that the resolution be now adopted ; and the motion was agreed to.

The resolution submitted by Mr. Stockton on the 27th inst. rela tive to a road from the old French Church, on the Detroit River, to Enoch iluntley's, on Clinton River, was taken up and adopted.

The resolution submitted by Mr. Drake on the 27th inst. relative to the preservation of the Capitol, was taken up and adopted.

A message by Mr. R. A. Forsyth:

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Mr. President-The Governor on the 27th inst. approved and signed an act to organise the township of Clay, in the county of St. Clair;" yesterday he approved and signed an act to provide for the appointment of a Deputy Clerk of the Supreme Court of the Territory of Michigan ;" and to-day, "an act to set off and connect township four, in range ten, in the township of Oakland and county of Oakland, to the township of Pontiac, in said county," and also, "an act to amend an act, entitled "an act to incorporate the village of Monroe," and for other purposes."

A message on Executive business was also received from the Gcvernor, by the hands of Mr. Forsyth.

Mr. Schoolcraft gave notice that he should, on a subsequent day, ask leave to introduce " a bill to incorporate an Historical Society in the Territory of Michigan."

The resolution submitted by Mr. Drake on the 23d inst. relative to a law for exempting the property of preachers or ministers of the Gospel from taxation, was taken up and adopted.

Mr. Brown submitted the following resolution, which was laid on the table:

Resolved, That the committee on Territorial Affairs be instructed to amend an act to apportion the Members of the Legislative Couns cil among the several districts of this Territory, so as to provide for future elections of Members of the Legislative Council.

The resolution submitted by Mr. Schoolcraft on the 23d inst. relative to exploring and marking a road from the village of St. Mary, in the county of Chippewa, to Point St. Ignace, in the county of Michilimackinac," was taken up and adopted.

On motion of Mr. Irwin,

The report of the committee on Claims, made on the 26th inst. on the message of the Governor of the Territory, dated the 12d May, 1828, relative to compensating Wm. F. Moseley, &c. was

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taken up.

bir. Stockton moved that said report be recommitted to the conre mittee on Claims; and the motion was decided in the negative.

On motion of Mr. Drake, the report was then accepted.

The resolution submited by Mr. Trowbridge on the 21st inst. relative to allow.gmmissioners of bol to take the acknowledgs ment of deeds, dec. was taken up and wyd.

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