Mr Drake renewed his motion to amend the bill, by adding thereto the section offered by him, above. The question being taken, it was decided in the affirmative. On motion of Mr. Lawrence, the bill was further amended by inserting after the word "toll," in the 3d line, 2d sec. the words, "and the privileges and restrictions." On motion of M. Fletcher, the bill was further amended, by adding, to stand is the 4th section thereof, the following: "SEC. 4. That at all times hereafter, the Legislative authority of the Territory, shall have full power to annul and alter the powors and privileges which may be granted by either of the courts aforesaid, under this act." Mr. Drake moved that the bill pass. The question being taken, it was decided that the bill do now pass; and that the title thereof be, "An act," &c. The bill amendatory to an act, entitled an act concerning deeds and conveyances, was read the third time. Mr. M'Donell moved that the bill do now pass; and that the title thereof be, "An act," &c. On motion of Mr. Kingsley, Resolved, That the Secretary of the Trustees of the University, of Michigan, be requested to exhibit to the Legislative Council, à statement of the condition of the affairs of the University-the quantity of land taken up by the Trustees for the benefit of the University, and the places where the same is located; the amount of money by said Trustees received belonging to said University, and the manner in which the same has been expended. Resolved, That the committee on Territorial Affairs be instructed to inquire, if it be expedient to take any measures to enable any authority in this Territory, to purchase the laud on which the County seats of justice, in the several new counties are to be established, for the benefit, either of the Territory, or for the benefit of the respective counties, where such seats may be established. Mr. Schoolcraft submitted the following resolution : Resolved, That it is expedient to petition Congress to preserve inviolate the original boundaries of this Territory, to the end, that when admitted into the Union, it may be admitted, with the limits prescribed by the Act of Congress, approved January 11, 1805. Mr. M'Donell submitted the following resolutions: Resolved, That the committee on Territorial Affairs be instructed to inquire into the expediency of providing in what manner a Judge, that may by law be created to preside in the several County Courts, east of Lake Michigan, may be compensated. Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of amending the present estray laws in force, and to report by bill or otherwise. Ordered, That the resolution lie on the table. On motion of M. Lawrence, the Council went into the conside ration of Executive business; and having disposed of the same, Mr. Brake offered the following resolution: Resolved, hat the committee on 'í erritorial Affairs be instructed to inquite into the expediency of petitioning Congress, for he establishment of a District Court of the United States walm he Termory of Michigan; and to report by memorial or otherwise. Ocuered, 'That the resolution lie on the table, The Council adjourned. TUESDAY, July 13, 1830. The President presented a remonstrance from St. Joseph county, agnst postponing the location of the county seat. Keferred to the committee on Territorial Affairs. Mir. M'Donell presented a petition from sundry ciuzens of Wayne county, for authority to hold an election of Sheriff of said county. Referred, on motion of Mr. M'Donell, to a special committee of three members. Messis. M'Donell, Durocher and Kingsley, were appointed that committee. Mr. Lawrence, from the Judiciary committee, reported bills with the following titles: A bill concerning townships. A bill to amend an act, entitled an act to amend an act entitled an' act for the punishment of crimes. A bill for the relief of Catherine M'Arthy. Said bills were severally read the first time and ordered to lie on the table. Mr. Lawrence, from the Judiciary committee, to whom had been referred the inquiry into the necessity of a provision for a registry of births and marriages, made the following report: The Judiciary committee, to whom was referred a resolution instructing said committee to inquire into the propriety of providing for a registry of births and marriages, have had the same under consideration, and beg leave to report— That by the act, entitled "an act regulating marriages," aproved April 12, 1827, it is provided that the certificate of every marriage shail be transmitted to the clerk of the proper county, and be by him recorded Your committee believe that this provision, reLive to the recording of marriages, is a salutary one, and answers all the object, which the public, or individual interest requires. The office of the clerk of the county is as public and well known, as any other public office or registry; and a provision that recortis of marriages should be kept in the several townships, would in a great measure, defeat the object of having a public record of mar riages, because of the frequent changes and alterations in township lines, and the setting off of one township, from parts of other townships, and the alteration of the names of townships. Your committee are satisfied, that a provision by law, that the births of children in the several counties ia this Territory should be registered in some public office. would not effect the object intended by the resolution, from the manifest difficulty of carrying such a law into operation. And the committee cannot see any corresponding public benefit which would be gamed by such a proVision. Your committee therefore pray to be discharged from the further consideration of the subject. Ordered, That the report lie on the table. The bill to establish the Roads laid out and established by the government of the United States, within the Terrnor, of Michigan, pubic highways, and for other purposes, was read the second time; and, On motion of Mr. Lawrence, Ordered, That it be engrossed and read a third time on Thursday. The bill in addition, and to amend an act, entitled an act amendatory to an act entled an act to regulate the assessment and collection of Territorial taxes, was taken up. The bill having been read, as amended by the committce te whom it had been recommitted, Mr M Donell moved that the amendments be received. Ordered, That the bill be engrossed and read a third time on Saturday. The bill to amend an act, entitled an act to provide for the assessment and collection of county and township taxes, was read a second time; ind, On motion, Ordered, That it lie on the table. The bill to authorise the establishment of Poor-Houses, was read a second ume and considered as in committee of the whole, On motion of Mr. Lawrence, the bill was amended, by inserting, in the 12th line of the Ist sec, alter the words "Poor-House," the words, and other necessary buildings"-And by inserting line 4, sec. 2, after the word "appoint," the words," not less than three, nor more than”. The bill having been reported with the amendmen.s, The question on agreeing to the same was taken, and decided in the affimative. On motion of Mr Lawrence, Ordered, That the bill be engrossed and read a third time Tuesday. The resolution heretofore submitted by Mr. Stockton, relative to the division line between the townships of Clay and Courellville, St. Clair county, was taken up and concurred in. The resolution heretofore submitted by Mr. Drake, relative to petiauing Congress for the establishment of a District Court of the United States in the Territory of Michigan, was taken up and concurred in. i he resolution heretofore offered by Mr. M'Donell, relative to amending the law concerning estrays, was taken up and concur red in. The Council adjourned. WEDNESDAY, July 14, 1850. Mr. M'Donell presented a petition from Aaron Thomas, praying authority to convey certain lands to the widow and heirs of William Stacey. Referred to the committee on the Judiciary. Mr. Lawrence presented an account of E. D. Ellis, against the Council. Referred to the committee on Expenditures. Mr. Lawrence, from the Judiciary committee, reported, A bill to amend an act, entitled an act to amend an act entitled an act concerning judgments and executions, approved July 3, 1828. The bill was read the first time and ordered to lie on the table. Mr. Lawrence, from the Judiciary committee, to whom the subject had been referred, made a report as follows: The committee on the Judiciary, to whom was referred a resolution, instructing them to "inquire into the expediency of limiting the jurisdiction of Justices of the Peace in civil cases, in amount, and to their respective townships, by amending the existing laws on the subject," have had the same under consideration, and beg leave respectfully to report That the law relative to the powers and duties of Justices of the Peace in civil cases, giving them jurisdiction over claims, to the amount of one hundred dollars, has been for more than twelve years in force in the Territory, and its operation has generally been found satisfactory; and there is, in the opinion of your commitice, under its present guards and restrictions, little danger of an abuse of this power in the hands of Justices of the Peace, when it is considered that either party to a suit before a Justice, has the right to have the same tried by a jury, and also a right to appeal from the judgment which may be rendered against him, or he may take the same by certiorari to a higher court, and have it reversed, if any material error is committed by the Justice. The expenses, in suits before Justices of the Peace, are trifling, in comparison with the expense necessarily incurred in the suits in the higher courts, and the very small proportion of cases before a Justice, appealed or otherwise removed to the higher courts, scareely form an exception. Your committee are not aware that any public inconvenience is felt in the operation of the present law, extending the jurisdicion of Justices of the Peace, nor that injustice is done to individuals, by its operation. The law has been the same since the first organisation of the Territory; and now to limit the jurisdiction of Justices, to the township in which they reside, would alter the ges tablished law and custom of the country, without any good reason, in the opinion of your committee, for the change, and would evidently be productive of much embarrassment to individuals in prosecuting their rights before Justices of the Peace. The sparseness of the settlements in many new townships would render it difficult in some cases, to obtain a jury before a Justice, when it is considered that the selection must be made from eighteen competent, disinterested and qualified persons; and in almost all criminal cases, two Justices are required to sit on the trial, and also in the action of forcible entry and detainer. In many townships, there is at present but one Justice. Your committee are satisfied, if Justices of the Peace were limited in their jurisdiction to the townships in which they reside, that it would become necessary to alter almost all the laws relative to their duties and powers. Your committee therefore pray to be discharged from any further consideration of the resolution. Ordered, That the report lie on the table. Mr. Fletcher, from the committee on Enrolment, reported as correctly enrolled, An act to establish a Ferry over the Saginaw River. And the President signed the same. The bill to organise the county of Kalamazoo, was read the third time; and, Ou motion, Ordered, That it lie on the table. The bill to provide for the appointment of a Commissioner to perform certain duties in and for the county of Chippewa, was read the third time. M. Schoolcraft moved that the bill pass. The question being taken, it was decided that the bill do now pass; and that the title thereof be, "An act," &c. Mr. Schoolcraft submitted the following resolutions : Resolved, That the committee on Internal Improvement be instructed to inquire into the expediency of petitioning Congress for the establishment of a mail route, from Detroit by way of Saginaw and M.chillinackinac to the Sault Ste Marie: And to facilitate the accomplishment of this object, that it is expedient to ask for an appropriation to survey and mark out a road and bridge the streams through the public lands, from Saginaw by the most eligible and direct route to the site of old Fort Mackinac, and also, in continuation, from Point St. Ignace, to the village of Sault Ste Marie. |
