Imágenes de páginas
PDF
EPUB

serting after the 29th line of said section, the following, viz: “To E. D. Ellis, for newspapers, ten dollars and twenty-six cents."

The bill was then reported as amended, and on motion, was ora dered to be engrossed and read a third time to-morrow.

Mr. Rumsey moved that the Council do now adjourn until 9 o'clock to-morrow morning. The motion was agreed to. And the Council adjourned.

WEDNESDAY, July 2, 1828.

Mr. Rumsey, from the committee on Territorial Affairs, re ported,

"A bill amendatory to "an act to set off and organise the town ship of Panama, in the county of Washtenaw ;" and said bill recei ved two readings, and was ordered to be engrossed and read a third time to-morrow.

Mr. M'Donell, from the committee on Territorial Affairs, to whom was referred "a bill amendatory of "an act to provide for laying out certain Territorial Roads, and for other purposes," and certain amendments thereto, reported said bill with amendments; which, on motion, were accepted by the Council; and the bill as amended, was then reported to the Council, and on motion was read the third time.

On motion of Mr. Connor, the 1st blank in the first section was filled by inserting the names of "David Smith" and "John Kirby,” and the 2d blank in said section was filled with the name of “Jaseph Loranger."

On motion of Mr. M'Donell, the 2d section of the bill was stricken out.

Mr. Stockton then moved that the bill be further amended by adding at the close thereof, the following, viz:-" Provided, That all expenses for laying out and establishing Territorial Roads, be pid from the respective county treasuries;" and the motion was decided in the negative by the following vote; the ayes and nays being required by Mr. Stockton:

Ayes-Messrs. Brown, Stockton, Schoolcraft-3.

Nays-Messrs. Connor, Drake, Durocher, Edwards, Lawrence, M'Donell, Noble, Rumsey, Trowbridge-9.

On motion, the bill then passed, with the following title, viz: "an act in addition to "an act to provide for laying out certain Territorial Roads, and for other purposes;" and the ayes and nays being required by Mr. Drake, they were taken as follows:

Ayes-Messrs. Brown, Connor, Durocher, Edwards, Lawrence, M'Donell, Noble, Rumsey, Schoolcraft, Trowbridge-10. Nays-Messrs. Drake, Stockton-2.

Mr. Drake, from the committee of Enrolment, reported as correctly enrolled, bills with the following titles, viz: "an act to authorise administrators de bonis non, to prosecute suits commenced by the Executor or Administrator of an estate," "ap act to prevent

Justices of the Peace from keeping tavern, and for other purposes, and "an act to improve the navigation of the River Huron of Lake Erie ;" and the President signed the same.

Mr. Brown presented the petition of John D. Cray, praying that a Territorial tax, which had been collected of him, may be remitted. Read and laid on the table.

The "bill making certain appropriations to be paid out of the contingent fund of the Legislative Council, for the year eighteen hundred and twenty-eight," was taken up and read a third time.

On motion of Mr. Schoolcraft, the item commencing in the 20th Line of the 1st section was amended, so as to read as follows: "To Sheldon & Wells, for printing bills, Governor's Speech, and Rules of Council, including cost of paper, one hundred and ninety dollars forty-five cents."

On motion of Mr. Noble, the following was added, to stand as an item after the 27th line of the first section, viz: "To Sheldon & Wells, for newspapers furnished during the present session of the Legislative Council, and for printing additional rules and bills, fiftythree dollars and eighty cents."

On motion of Mr. Scheolcraft, the word "seventy-two," was stricken out of the 22d line of said section, and the word "sixtyseven," inserted in lieu thereof; and a proviso was added at the close of the 2d line of the 2d section.

On motion of Mr. Lawrence, the words, "except as aforesaid," were inserted, after the word "vouchers," in the 3d line of the 3d section.

Mr. Stockton moved that the word "fifteen," be stricken from the 13th line of the 2d section. The motion was lost.

On motion of Mr. Lawrence, an item for printing the Laws and Journal of the 1st session of the 3d Council, was inserted after the 6th line of the 2d section.

On motion of Mr. Irwin, an item for publishing the Laws passed at the 1st session of the third Legislative Council in the several newspapers in the Territory, was inserted at the close of the 2d section.

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

So the bill passed.

[graphic]

The "bill in addition to "an act making certain appropriations to be paid out of the contingent fund of the Legislative Council, for the year eighteen hundred and twenty-eight," was taken up in committee of the whole.

On motion of Mr. Schoolcraft, the proviso, at the close of the 2d section, was stricken out; also, the words, " except as in the 2d section of this act before recited," after the word "appropriated," in the 5th line of the 3d section.

Mr. M'Donell then moved that the bill be further amended, by striking out the words, fifty-seven dollars and seventy-five cenis, in the 14th line of the 1st section, and inserting in lieu the words

"one hundred and three dollars and fifty cents;" and the motion was agreed to. The ayes and nays were required on said motion by Mr. Drake, and were taken as follows:

Ayes-Messrs. Brown, Connor, Durocher, Edwards, Irwin, M’Donell, Schoolcraft, Stockton-8.

Nays-Messrs. Drake, Lawrence, Noble, Rumsey, Trowbridge-5.

Mr. Irwin moved that the word "twenty-two," be stricken from the 26th line of the 1st section, and the word "seventy-three,” be inserted in lieu thereof.

The bill was then laid on the table; and,

On motion of Mr. Stockton, the Council took a recess until S o'clock, P. M.

So'clock, P. M.

The "bill to provide for the settlement and collection of taxes due previous to the passage of the present township laws," was taken up, read a third time and passed.

The "bill making certain appropriations to be paid out of the Territorial Treasury, for the year one thousand eight hundred and twenty-eight," was taken up and read a third time.

Mr. Drake then moved that the blank left in the item for William Lewis, in the 1st section of the bill, be filled by inserting the words, "twenty-six dollars ;" and the motion was agreed to.

On motion of Mr. Drake, the bill was further amended, by striking out the word "thirty," from the item for Lewis Davenport; and, on motion of Mr. Lawrence, the word "twenty-five," was inserted in lieu thereof.

Mr. Lawrence then moved, that the item for Sheldon & Wells, for publishing the Laws in the Detroit Gazette, be stricken out. On motion, the bill was then laid on the table.

The "bill in addition to "an act making certain appropriations, to be paid out of the contingent fund of the Legislative Council, for the year eighteen hundred and twenty-eight," and for other purposes," was taken up as in committee of the whole.

Mr. Lawrence moved that the bill be amended by inserting, after the word "Wells," in the 15th line of the 1st section, the words, "in part ;" and that the whole of the bill, after the word "materials," in the 16th line of said section, be stricken out, and that the words, "eleven hundred dollars and seventy-eight cents," be inserted after the word "materials." The motion was decided in the negative; and the ayes and nays being required by Mr. Lawrence, they were taken as follows:

Ayes-Messrs. Drake, Lawrence-2.

Nays-Messrs. Brown, Connor, Edwards, Irwin, M'Donell, Noble, Rumsey, Stockton, Trowbridge-9.

Mr. Drake moved to amend the bill by striking out the item for Jeremiah Moors, beginning at the 28th line of the 1st section. The motion was decided in the negative.

Mr. Irwin moved to strike out the word "eighteen," in the item

[ocr errors]

to said Jeremiah Moors, and insert the word "fifty-six ;" and tie motion was lost. Mr. M'Donell requiring the ayes and nays on the question, they were taken as follows:

Ayes-Messrs. Connor, Irwin, M'Donell, Stockton, Trow. Dridge-5.

Nays-Messrs. Brown, Drake, Edwards, Lawrence, Noble, Rumsey-6.

Mr. Drake then moved that the bill be amended by striking out the 3d section thereof. The motion was decided in the negative; and the ayes and nays being required by Mr. Drake, they were ta ken as follows:

Ayes-Messrs. Brown, Drake, Lawrence, Trowbridge-4.

Nays-Messrs. Connor, Edwards, Irwin, M'Donell, Noble, Rum sey, Stockton-7.

Mr. Irwin moved that the bill be further amended by striking out the words "thirteen” and “forty-seven," in the 33d line of the 1st section, and inserting in lieu of the former, "three," and in lieu of the latter, "eighteen," and that the words, "by the Bank of Michigan, and is payable to that institution," be stricken out of the 35th and 36th lines, and that the words, "to said claimants by the Trea surer of the Territory," be inserted in lieu thereof; and the motion was agreed to.

On motion of Mr. Irwin, an item for Lewis Davenport was then inserted after the 36th line of said section.

Mr. Drake moved that the words "with interest," be stricken out of the 3d section of the bill. The motion was decided in the negative; and Mr. Drake requiring the ayes and nays on the ques tion, they were taken as follows:

Ayes-Messrs. Brown, Drake, Lawrence--3.

Nays-Messrs. Connor, Edwards, Irwin, M'Donell, Noble, Stockton, Trowbridge-7.

Mr. M'Donell then renewed the motion, heretofore made by Mr. Irwin, that the word “ twenty-two," be stricken from the 26th line of the 1st section, and the word "seventy-three," be inserted in lieu thereof; and the motion was decided in the affirmative by the fol lowing vote; the ayes and nays being required by Mr. Monell: Ayes....Messrs. Connor, Edwards, Irwin, Lawrence, M'Donell, Stockton....6.

Nays....Messrs. Brown, Drake, Noble, Rumsey Trowbridge....5. The bill was then reported to the Council, and was read a third time.

On motion, the question "shall the bill pass ?" was then put; and Mr. Drake requiring the ayes and nays thereon, they were taken as follows:

Ayes....Messrs. Connor, Edwards, Irwin, M'Donell, Noble, Rumsey, Stockton....7.

Nays....Messrs. Brown, Drake, Lawrence, Trowbridge....4.
So the bill passed.

The "bill to amend an act, entitled "an act to regulate and de

[ocr errors][merged small][merged small]

fine the powers of Justices of the Peace and Constables in civil cases, and for other purposes," was taken up as in committee, together with an amendment submitted on the 16th ult.

On motion of Mr. Drake, the bill was amended by adding there, to a section, to stand as the 4th section.

Mr. M'Donell moved that the bill be further amended by adding the eto the following, to stand as the 1st section, and to be inserted after the enacting clause, viz: "That the jurisdiction of a Justice of the Peace in all civil cases, shall be hereafter limited to the township in which such Justice shall reside at the time when appointed, excepting in the cases hereinafter mentioned, that is to say: issuing subpoenas, administering oaths, taking acknowledgments of deeds, or other instruments of writing, celebrating marriage, and sitting in cases of forcible entries and detainer; in which cases the jurisdiction of a Justice shall be co-extensive with the county." The motion was decided in the negative, by the following vote; ayes and nays being required by Mr. M'Donell :

the

Ays....Messrs. Edwards, M'Donell, Stockton....S.

Nays.... Messrs. Brown, Connor, Drake, Irwin, Lawrence, Noble, Rumsey, Schoolcraft, Trowbridge....9.

Mr. Stockton moved that the bill be amended, by adding the fol lowing, to stand as the 5th section, viz:

"SEC. 5. That any person appointed to the office of a Justice of the Peace, and who receives a commission from the Governor, shall, within ten days thereafter, take and subscribe, in addition to the oath to support the constitution of the United States, an oath of office, before the Clerk of the County Court of the proper county, who is hereby authorised to administer said oath, and cause the same to be recorded in a book, to be by him provided for that purpose."

The motion was decided in the negative.

Mr. Noble then moved that the bill be amended by adding the following, to stand as the 5th section, viz:

"SEC. 5. That it shall be lawful for Attorneys of the Supreme Court of this Territory, who are Justices of the Peace, to appear and advocate canses in courts of Justices of the Peace; any law to the contrary notwithstanding."

The motion was decided in the negative by the following vote; Mr. Lawrence having required the ayes and nays:

Ayes....Messrs. Drake, Lawrence, Noble, Rumsey, School

craft....5.

Nays....Messrs. Brown, Connor, Edwards, Irwin, u'Donell, Stock ton, Trowbridge....7.

The bill was then reported to the Council, and the amendments made thereto were accepted.

On motion, the bill was then ordered to be engrossed and read a third time to-day. And said bill was subsequently read a third time and passed by the following vote; the ayes and nays being required by мг. Stockton:

« AnteriorContinuar »