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riages, because of the frequent changes and alterations in township lives, and the setting off of one towuship, from parts of vther tiwaships, and the alteration of the names of townships.
Your committee are satisfied, that a provision by law, that he births of children in the several counties in this i'errliury should be registered in some public office, would not efect the objeci 11tended by the resolution, from the manifest difficulty of carrying such a law into operation. And the committee cunt see any corresponding public benefit which would be gained by such a proVisi: 1. Your committee therefore pray tu be discharged from the further consideration of the subject.
Ordered, That the report lie on the table.
The bill to establish ine Roads laid out and established by the governinent of the United Staies, within the Territory of singin, puitse highways, and for other purposes, was read the second time; and,
Un motion of Mr. Lawrence,
Ordered, That it be engrossed and read a third time on Thursday.
i he bill in addition, and to amend an act, entitled an acı amedatory to an act enutled an aci lo regulaie the assessmeni aud cullective of Territorial taxes, was taken up.
i he bill having been read, as amended by the commilice te whow it had been recommitted,
Mr M Donell muoved that the amendments be received.
Oruired, That the bill be engrossed and read a third tiine on
The bill to amend an act, entitled an act to provide for the assessment aud collection of county and towushup laxes, was read a secvid ime; ind,
The bill to authorise the establishment of Poor-Houses, was read a second ume and considered as a committee of we whyle,
Ou muinon of Mr. Lawrence, the bill was amended, by inseruing, in ihe 12th me of the 1st sec, ailer he words l'our-Huuse," the words, " and other necessary builungs"-And by inserting line 4, sec. 2, after the woru " appoint,” the worus, uoi less ihani ilire, nor more than".
The bill having been reported with the amendmenis,
The quesiion on agreeing to the saine was takeit, and decided in the atti inative.
Ou metion of Mr Lawrence,
The resolution heretofore submitted by Mr. Stockton, relative to the division line between the townships of Clay and Courellville, s. (lair county, was taken up and coucuried in.
The resolution heretofore submited by Mir. Drake, relative to petia uing Congress for the establishment of a District Court of the Cuired Sines in the Territory of Michigan, was taken up and Concurro in.
o he resolution heretofore offered by Mr. M Dopell, relative to amending the law concerning estrays, was taken ap and concurred in.
The Council adjourned.
WEDNESDAY, July 14, 1830.
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 commitiee, reported,
A bill to amend an act, enuiiled 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 ihe table.
M. Lawrence, from the Judiciary committee, to whom the subjeci had been referrel, 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 jur slicuion of Justices of the Peace iu civil cases, in amount, and to their respective townships, by amending the existing laws on the subjeci," 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 judyinent 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 •xpense necessarily incurred in the suits in the higher courts, and the very small proportion of cases before a Justice, appealed or otherwise removed io 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 jurisililiun 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 ! -yestablished 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 conmittee on Enrolnrent, reported as correctly enrolled,
An act to establish a Ferry over the Saginaw River.
The bill to organise the county of Kalamazoo, was read the third time; and,
The bill to provide for the appointment of a Commissioner to perforın certain duties in and for the county of Chippewa, was read the third time.
MM. Schoolcraft moved that the bill pass.
The question being taken, it was decided that the bill do nový pass; and that the title thereof be,
6 40 act,” &c.
Resolved, That the commiitee on Iniero 11 Improvement be instrucied to inquire into the expediency of petitioning Congress for the establishment of a mail route, from Detroit by way of Saginaw and M.chilli nackin:c to the Sault Sie Marie: And io facilivaie the accomplishment of this object, that it is expedient to ask for an apfropriation to survey and mark out a road and bridge the streams ihrou..h the public lands, from Saginaw by the most eligible and disertrue to the site of oid Fort Mackinac, and also, in continuation, from Point St. Ignace, to the village of Sault Ste Marie,
Resolred, That the same committee be instructed to inquire into the propriety of peritioning Congress for the erection of a lighthouse on Drummond's Island, or Poini Detour, as one or the other position, may be deemed most eligible. And also, for an appropriation to excavate the bar of Lake George, and for felling the trees from the head of said Lake, for the width of twenty rods, to a point opposite Garden River.
Ordered, That said resolutions lie on the table.
Mr. Fleicher, from the committee on Enrolment, reported as correctly enrolled,
An aci amendatory to an act, entitled an act concerning deeds and conveyances.
And the President signed the same.
Mr. M'Donell, from ibe select committee, to whom had been referred the petition of A. M. Hurd and others, 'raving authority to hold :10 eleciion for Sheriff of the county of Wayne, made a report, as follows:
The select committee, to whom was referred the petition of A. M. Hurd and others, beg leave to report
From the examination of the Ordinance and Acts of Congress for the government of the Territory of Michigan, the office of Sheriff is not elective. The appointment of the incumbent io that of fice, is by a nomination from ihe Governor, to be approved of by the Council; and when any such ponunation is before the Council
, the committee would recommend that the Council act on the same with promptitude. But the committee are of opinion, that inasmuch as the office of Sherifi' is properly a county office, in which the people feel a deep interest, they can see no objection to the request made by the petioners.
Therefore resolved, That the Council recommend that the peiition, in said petition contained, be granted.
Ordered, That the report lie on the table,
A message from the Governor being announced, Mr. Trowbridge informed the Council, that the Governor had this day approved and signed,
An act in addition to an act, entitled an act to provide for the distribution of the laws of the Territory of Michigan and of the United States, approved April 13, 1827.
An act to divide the township of Lloomfield, in the county of Oakland ; and,
An act to set off and organise the township of Saginaw.
Mr. Trowbridge also delivered two niessages on Executive business
The bill to amend an act, entitled an act to provide firhe publication of the acts passed by the Legislative Council of die prsitory of Michigan, which was read the third time on the sih ust. was taken up.
Mr. Stockton moved that the bill pass.
The question being taken, ii was decided that the bill do now pass; and that the title thereof be,
66 An act,” &c.
The resolution offered by Mr. Schoolcraft on the 12th inst, relative to petitioning Congress to preserve the limits of the Territory entire, was concurred in ; and on motion, the subject matter thereof was referped to the Judiciary committee.
The Council went into consideration of Executive business; and having disposed thereof,
On motion of Mr. Kingsley,
Resolved, that the Judiciary commitiee be instructed to inquire if any amendment be necessary to be mide to the act, entitled an act relative to the duties and privileges of townships.
On motion of Mr. M'Donell, the resolution offered by him on the Oth inst, relative to authorising Boards of Supervisors to pay jur rs
nd witnesses in capital cases, from the county treasury, was concurrell in
M. M'Donell submitted the following preamble and resolution :
Whereas the citizens of this Territory, by their peritions and otherwise, from time to time, have expressed an ardent wish, that persons holding offices under the United States, or responsible stations in the several departments thereof, for which they receive a fixed compensation, should not be appointed to any office ander the Territorial government, by the Governor and Legisl.zive Council, and that it is inexpedient to blend the Territorial offices with those of the United States, in the same person;
Therefore resolved by the Legislative Council of the Territory of Wichigan, That the Council, when acting in its Executive capacity, will not confirm the domination of any person to be an · fficer in the Territory, who holds an office or appointment under he United States, or the agents thereof, which yields a monthly, qu.rterly, or fixesi salury, (Post-Masters excepted,) unless such person shall be the choice of the people, as shall appear by their votes giver at ihe ballot boxes.
Orilered, That the preamble and resolution lie on the table.
THURSDAY, July 15, 1830. Mr. Kingsley presented the petitions of Luther Stoddard and Arlinda Stoddard, for a divorce. Referred to the Judiciary com• mittee
The following bills, from the respective committees, were severallı reperied, read the first time, and ordered to lie on the table :
B flr. Le Roy, from the committee on the Judiciary,
A hill to disside the marriage contract existing beixoen Pctci Schoonover and Alic Schoonover.