Mr. Drake then moved that said bill be amended by striking out in the first section, the words, "Enoch Huntley's in the county of Macomb, westwardly, by Cyrus Chipman's," and to insert in lieu thereof, the word "Pontiac ;" and the motion was agreed to.

On motion, said bill, as amended, was then passed.

On motion of Mr. Noble, the Council went into the consideration of Executive business; and having disposed of the same, Mr. Lawrence submitted the following resolution, which was, on motion, adopted:

Resolved, That the committee on Territorial Affairs be instructed to inquire into the expediency of requesting the General Government to furnish this Territory with a sufficient number of sets of the statute laws of the United States, to furnish each county with one entire set of laws.

The President announced the appointment of Messrs. Trowridge and Rumsey to the select committee to whom was referred the memorial and petition of John P. Sheldon ; to fill the vacancies in said committee, occasioned by the absence of Messrs. Irwin and Schoolcraft.

Mr. M'Donell, from the select committee appointed to prepare a bill to establish the Farmers' and Mechanics' Bank of Michigan," reported said bill; which was, on motion, read by its title and laid on the table.

Mr. Drake moved that the Council do now adjourn.

Mr. Lawrence moved to amend-that the Council adjourn until Monday next-the latter motion was decided in the affirmative; ad,

The Council adjourned.

MONDAY, Nov. 2, 1829.

The President presented the memorial of Henry Sanderson, sugesting the appointment, by the Council, of a person to take charge the furniture of the Council Chamber, during the recess of the ouncil; and soliciting said appointment. Read and referred to e committee on Expenditures.

Mr. Stockton presented the claim of A. McArthur, for articles rnished the Council. Referred to the committee on Expendi

res.

Mr. Trowbridge, from the committee on Territorial Affairs, rearted,

A bill to amend "an act defining the mode of laying out Terriial Roads," (approved April 12, 1827,) which was read the first me; and on motion, said bill was read the second time by its title d laid on the table.

Mr. Trowbridge, from the same committee, to whom had been mmitted "a bill to amend the several acts regulating the Whiteshery in the strait of Detroit and the River St. Clair," reported

the same with amendments; and said bill and amendments were laid on the table.

A message by Mr. E. A. Brush :

Mr. President-The Governor of the Territory on the 29th ult. approved and signed "an act to provide for laying out certain counties, and for other purposes;"" an act to amend an act, entitled 'an act to prevent Justices of the Peace from keeping taverns, and for other purposes;" " an act to raise a sum of money by Lottery, for the purpose of establishing a free communication by land between the city of Detroit and the village of Monroe ;""an act amendatory to an act securing to mechanics and others payment for their labor and materials, in erecting any house, mill, or other building, within the city of Detroit or county of Brown;"" an act to provide for the compensation of the officers of the Legislative Council, and for other purposes;"" an act for the speedy assignment of dower, and for the preventing of strip and waste by tenants therein;""an act to set off and organise the townships of Nankia and Pekin, in the county of Wayne;""an act to amend an act entitled 'an act for the relief and settlement of the Poor ;” “ an act to amend an act, entitled an act to regulate the assessment and collection of Territorial taxes ;" " an act in addition to an act, en titled an act to provide for the appointment and to regulate the duties of District Attorneys,' and the act to amend said act." And the Governor has, to-day, approved and signed "an act to amend the several acts to organise the Militia.”

Mr. Lawrence, from the committee on the Judiciary, reported, A bill to amend "an act concerning Estrays," which was read a first and second times; and,

On motion of Mr. Lawrence, said bill was ordered to be engross ed and read a third time to-morrow.

Mr. Lawrence, from the same committee, reported,

A bill in addition to the several acts "concerning the Supreme Circuit and County Courts of the Territory of Michigan, defining their jurisdiction and powers, and directing the pleadings and prac tice therein in certain cases," which was read the first time; and motion, said bill was then read the second time by its title and la on the table.

Also-A bill to amend an act, entitled "an act for the punish ment of crimes," which was read the first and second times; and, On motion, said bill was then ordered to be engrossed and read third time to-morrow.

Mr. Lawrence, from the same committee, to whom the subjec had been referred by a resolution of the Council, made the follow ing report; which was read and laid on the table:

REPORT.

The committee on the Judiciary, to whom was referred a resol tion instructing the committee to inquire and report whether at

member of the Council has been appointed to any office contrary to the provisions of the act of Congress, approved Jan. 29, 1827, have had the same under consideration, and beg leave to report

That by the provisions of the 4th section of the said act of Congress, it is enacted, "that no member of the Legislative Council shall be eligible to any office created or the fees of which were regulated by a law or laws passed whilst he was a member, during the period for which he was elected, and for one year thereafter."

Your committee have not any evidence before them showing what offices any member of the Council now hold, or the date of any appointment of any member of the Council to office; and your committee respectfully submit to the Council, that they have not the necessary facts relating to the subject matter of said resolution, to enable them to answer the same in the terms of it. But your committee deem it proper respectfully to submit to the Council their opinion, that the act of Congress referred to, does not necessarily affect any member of the Council holding an office, the fees of which are regulated after the appointment of such member to office; the provision that no member of the Council shall be eligible, &c. means ability or capability of being elected or appointed to office, and being once regularly in office such member of the Council may continue to exercise its duties during the time for which such appointment was made, and regulating the fees does not vacate the office; but such member of the Council is ineligible or incapable of being reappointed to such office during the period for which he was elected, and for one year thereafter.

Your committee refer the Council to the several laws passed since said act of Congress, by the operation of which the fees of certain offices held by members of the Council, are said to be enlarged or increased, viz. those relating to Registers of Probate, are

"an act concerning mortgages," approved April 12, 1827; “an act to authorise Judges of Probate to make sale of real estate of persons deceased," passed the last session of the Council, and an act of the present session of the Council to amend the last named act; and an act for the recording of town plats," approved April 12, 1827.

66

Those relating to the fees of Clerks of Courts, are " an act regulating blacks and mulattoes," approved April 13, 1827; "an act to regulate taverns," approved April 12, 1827; "an act to regulate ferries," approved April 12, 1827; "an act concerning judgments and executions," approved April 12, 1827; "an act directing the proceedings in chancery," approved April 12, 1827.

Those relating to the fees of Justices of the Peace, are-" an act to prevent immoral practices," approved April 13, 1827; "an act to enforce the observance of the sabbath," approved March 12, 1827; 66 an act for the relief and settlement of the poor," approved April 13, 1827. How far the above recited acts may affect any member of the

Council depends upon the time of his appointment to office, and the time of the passage of the law regulating the fees of such office. And, if any member of the Council holds an office which was created, or the fees of which were regulated, before his appointment to office, and while he was a member of the Council, there is in the opinion of your committee, a legal disability in such person holding such office during the period for which he was elected and ter ond year thereafter.

Mr. Lawrence, from the same committee, to whom had been referred the memorial of the Supervisors of the county of Macomb, asking for the passage of a law providing that certain demands against the county, should be presented for settlement on or before a certain day, or be barred of payment-made a report, adverse to the prayer of the memorialists; and the report was read and laid on the table.

Mr. M'Donell, from the committee on Territorial Affairs, reported,

A bill to amend the several laws now in force relative to the duties and privileges of townships, and for other purposes;

A bill directing the Auditor of this Territory to cause prosecutions to be instituted, for the removal of certain toll-bridges that obstruct the road leading from the city of Detroit to the foot of the rapids of the Miami of Lake Erie; and,

‘A bill to amend, and in addition to, the acts to divide the several counties in this Territory into townships, and for other purposes.

And said bills were severally read the first and second times and laid on the table.

Mr. M'Donell gave notice that he should, on a future day, ask leave to bring in a bill to incorporate the White-Fish Company, for the purpose of supplying the small lakes in the several counties of this Territory with fish.

The bill to amend the several acts regulating the White-Fishery in the straits of Detroit and River St. Clair, was taken up, (with the amendment made thereto by the committee on Territorial Affairs,) as in committee of the whole.

On motion of Mr. Drake, the amendment to the bill was amended by striking out the words, "Treasury of the county for the use of the poor of such county," and inserting in lieu thereof the words, "Treasury of the Territory."

On motion of Mr. Connor, the amendment was further amended, by striking out the words, " one hundred," and inserting in lieu thereof the word "fifty."

The amendment, on motion, was then accepted, and the bill was ordered to be engrossed and read a third time to-morrow.

The bill to provide for laying out a certain Territorial road, was taken up and read the third time.

On motion of Mr. Noble, the bill was then amended by inserting,

1

after the word "expenses," in the first line of the second section, the words," or damages."

On motion of Mr. Rumsey, said bill was then passed.

The bill to provide for the termination of the present session of the Legislative Council, and for the annual commencement of future sessions of the Council, was taken up and read the third time. Mr. M'Donell then moved that the bill be amended by striking oat the words, "first Monday of January," in the 2d section, and inserting in lieu thereof the words, "second Tuesday of May."

Mr. Lawrence moved that the bill be amended by inserting after the word "January," in the 2d section, the following, viz: "one thousand eight hundred and thirty-one, and," and that the word "thereafter" be added at the close of said section.

And the question being on the latter motion, it was decided in the negative by the following vote-the ayes and nays being required by Mr. Lawrence :

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

The question was then put on the former motion (of Mr. M'Donell) and it was decided in the affirmative by the following vote; the ayes and nays being required by Mr. Lawrence:

Ayes-Messrs. Brown, Connor, M'Donell, Noble, Stockton, Trowbridge-6.

Nays-Messrs. Drake, Durocher, Edwards, Lawrence, Rumsey

-5.

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

Ayes-Messrs. Brown, Connor, M'Donell, Noble, Stockton, Trowbridge-6.

Nays-Messrs. Drake, Durocher, Edwards, Lawrence, Rumsey

-5.

So the bill passed.

The bill relative to the office and duties of the Auditor of the Territory of Michigan, was taken up as in committee of the whole. On motion of Mr. M'Donell, said bill was then amended by adding thereto a section to stand as the 9th section.

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

The bill to provide for and regulate Common Schools, was taken up as in committee of the whole; and,

On motion of Mr. Lawrence, the consideration of said bill was postponed until to-morrow.

Mr. Lawrence presented the memorial of Howard & Wadhams, merchants of the city of Detroit, remonstrating against the passage of a bill now before the Council, declaring the Black River, in the county of St. Clair, navigable-and praying to be heard by their attorney before the Council; which was read.