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this perhaps is the best mode in which criminals can be employed; and the heavy expense under the present system, diminished. But I apprehend, that so general a provision, introducing a new principle into our criminal code, without any details, respecting the mode of execution, would lead to great uncertainty and confusion. I think it is necessary, that the section should be better guarded, that Justices of peace, as well as the overseers of the roads, and the criminals may know their rights and duties. Is the Justice of the Peace, immediately after the trial, at the request of the party, or without such request, to send for the overseers of the highways, and deliver such party to him? Is the overseer bound to receive him, to be responsible for him, to hold him in his custody, and to feed and clothe him? Is security to be giv en, and if so, by whom, and to whom, and in what sum and upon what condition? Can the criminal be committed to jail, and thence released, and delivered to the overseers? And if he can, who is to issue the process, and what is to be its nature? And if he cannot, will not the law be inapplicable in all cases, where the party cannot immediately comply with the conditions to be imposed, if any may be imposed, and whenever the state of the roads is such, that no work can be done upon them? These are obvious considerations, and I submit, whether it would not be better to provide by sufficient detail, at this time, for the occurrence of these difficulties, rather than leave the law so general in its requisitions, that the practical construction, which may be given to it, will be very doubtful, and may be different in every county of the Territory.

March 3, 1831.

LEW. CASS.

On motion ordered, that the message, together with the bill returned, be referred to the committee on the Judiciary. The bill for the relief of Joseph Dozet and Alexis Loranger, was taken up.

Mr. Durocher moved that the bill pass.

The question being taken, it was decided that the bill pass, and that the title thereof, be

An act for the relief of Joseph Dozet and Alexis Loranger.

The bill to amend the act entitled, "an Act to district the Territory of Michigan, and to provide for the election of the members of the Legislative Council, approved July 3, 1828, and for other purposes,' was read the third time,

Mr. M'Donell moved to amend, by striking out in the first section, the word 'three' and inserting the word "four." The motion was negatived.

Mr. Kingsley moved that the bill pass. The question being taked, it was decided that the bill pass, and that the title thereof be,

An act to amend the act entitled an Act to district the Territory of Michigan, and to provide for the election of the members of the Legislative Council, approved July 3, 1828, and for other purposes.

The "Bill to organize the county of Berrien," was read the third time.

6

On motion of Mr. Lawrence, the first blank in section 2d was filled with the words County Court;' the second blank with the words 'the first Tuesday of July, and the 3d Tuesday in December in 1832, and every year thereafter.'

And in the third section with the words County Court,' and in section 4, with the words 'the first Tuesday in August, in the year 1832, and on the same day in every year thereafter," and in the sixth section, with the words 'County Court.'

Mr. Kingsley moved that the bill pass. The question being taken, it was decided that the bill pass, and that the title thereof be,

An Act to organize the county of Berrien.

The bill amendatory to the several laws now in force for the assessment and collection of Territorial taxes was read the third time.

On motion of Mr. Le Roy, the last section of the bill was stricken out.

Mr. Durocher moved that the bill pass.

The question being taken, it was decided that the bill pass, and that the title thereof be.

An Act amendatory to the several laws now in force for the assessment and collection of Territorial Taxes.

The bill for the preservation of health, and the removal of nuisances within three miles of the city of Detroit, was read the third time.

On motion of Mr. Stockton, the bill was recommitted to the committee on Territorial Affairs.

The bill to amend the act entitled' an Act to provide for establishing seats of Justice' was read the third time. Mr. Bartow moved that the bill lie on the table.

The motion was negatived.

Mr. Bartow moved that the bill pass. The question being

taken, it was decided that the bill pass, and that the title thereof be,

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An Act to amend the act entitled, an Act to provide for the establishment of the seats of Justice.

A message was received by the Governor by Mr. Rowland, notifying the Council, that he had this day approved and signed bills with the following titles.

An Act to preserve the decisions of certain Courts therein named.

An Act for the relief of Louis Saleron.

An Act for establishing a certain Territorial Road.

An Act to authorise the sale of the Estate of Elisha W. Rumsey, deceased.

An Act relative to the county of Wayne.

An Act to amend the several acts regulating and defining the powers and duties of Justices of the Peace in civil cases, and other purposes.

An Act to provide for the improvement of certain roads. An Act to attach a part of Cass county to the county of St. Joseph, for judicial purposes.

An Act to provide for the recording the plat of the Town of Pontiac.

The President presented a communication from the Auditor of the Territory, in compliance with the resolution of the 2d inst. which was read and laid on the table.

The bill relative to the townships of Clay and La Salle, was read the third time.

Mr. Durocher moved that the bill pass. The question being taken, it was decided that the bill pass, and that the title thereof be,

An Act relative to the townships of Clay and La Salle. The bill to restrict the jurisdiction of the County Court of the county of Wayne, was read the third time.

On motion, the bill was ordered to lie on the table.

The bill to authorise the Board of Supervisors of the county of Wayne, to build two bridges, over the forks of the river Rouge, in the township of Spring Wells, was read the third time.

Mr. Lawrence moved, that the bill lie on the table.
The motion was negatived.

Mr. M'Donell moved that the bill pass. The question being taken, it was decided that the bill pass, and that the title

thereof be,

An Act to authorise the board of Supervisors of the county of Wayne to build two bridges over the forks of the river Rouge, in the township of Springs Wells.

The bill in addition to, and to amend the several acts for the appointment, and to regulate the duties of District Attornies, was read the third time.

Mr. Durocher moved that the bill pass. It was decided that the bill pass, and that the title thereof be,

An Act in addition and to amend the several acts for the appointment, and to regulate the duties of District Attornies.

The bill to authorise Alexander E. Godfroy, to sell and convey certain lands therein mentioned, was read the third time.

Mr. Durocher moved that the bill pass. It was decided that the bill pass, and that the title thereof be,

An Act to authorise Alexander E. Godfroy, to sell and convey certain lands therein mentioned.

The resolution requiring the Secretary of the Territory, to cause proclamations respecting the establishment of county seats, to be published &c. was read a second time.

On motion of Mr. Schoolcraft,

The resolution was read a third time and passed.

The resolution relative to an adjustment of the Southern Boundary line of the Territory, was read a second time. On motion of Mr. Lawrence,

The resolution was read a third time and passed.
On motion of Mr. Stockton,

Resolved, That the Secretary be authorised to employ two additional clerks for the remainder of the session.

The Council went into the consideration of Executive business, and having disposed of the same,

The bill making certain appropriations to be paid out of the Territorial Treasury for the year 1831, was taken up, and considered as in committee of the whole.

On motion of Mr. Durocher,

The bill was amended by striking out line 9, section 1, the words, "for the year aforesaid, the sum of $100," and inserting the following, "the rate of one hundred dollars per annum from the first day of January until the thirty-first day of March, 1831, the sum of $25.

For the same for salary, at the rate of $150 per annum, from the first day of April, until the 31st day of December, 1831, the sum of $112 50.

And further amended by adding a section to stand section 2.

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The bill being reported, and the amendments concurred

On motion of Mr. Durocher,

Ordered, That the bill be engrossed and read a third time to-morrow.

The Council adjourned to 9 o'clock to-morrow.

THURSDAY, March 4, 1831.

Mr. Schoolcraft presented a petition from the inhabitants of the county of Chippewa, praying an extention of the time of assessment of taxes. Referred to the committee on the Judiciary.

And a petition from the Presbyterian Church at Mackinac, praying an act of incorporation. Referred to the committee on the Judiciary.

Mr. Bartow presented a remonstrance from the citizens of Detroit, against the passage of a law for the election of City Constables, &c. Referred to the committee on the Judiciary.

Mr. Drake from the Judiciary commitee, to whom was recommitted the Bill relative to proceedings in criminal cases, reported the same with amendments.

The amendments being concurred in,

Mr. M'Donell moved that the bill pass.

It was decided that the bill pass, and that the title thereof be,

An act relative to proceedings in criminal cases.

Mr. M'Donell from the committee on Territorial Affairs, to whom the subject was referred, reported a recommendation to the Council, to enter on the journal, the statement of the Treasurer of the Territory heretofore presented.

1

The report being concurred in, the statement is as follows. THE TERRITORY OF MICHIGAN,

1830.

IN ACCOUNT WITH LEVI COOK, TREASURER, DR.

FEB. 3. To paid Orange Risdon, pr voucher No. 1 33 00

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