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Mr. Prvin more that the will be amended by striking out the word “ County, besure 1lio wuru" Chart," in the 4th line of the 1st section, and insert in lieu thereof the word “ Circuit;" and the motion was agreed to.
Mr. Drake moved that the bill be further amended by striking out the word " village,” in the tiib line of ihe Isi section, and insert in lieu thereof the word “borough ;” and the motion was agreed to.
The bill was then reported, as amended, io the Council; and the amendmenis having been concurred in, said bill was, un netion of Mr Irwin, ordered to be engrossed and read a third time to-mortow.
On motion of Mr. Noble, the Council went into the considet dation of Executive business ; aud having disposed thereof,
On motion of Mr. Irwin, adjourned.
WEDNESDAY, May 28, 1828.
Prayer by the Rev. Nr. Coston.
Mr. Drake presented the petition of the Directors and Stockholders of the “ Clinton River Navigation Company," praying that snid Company may be enabled to raise money by a Lottery, 10 eir able them to effect the objects of their incorporation.
Said petition having been read,
Mr. Drake moved to refer it to the committee on Territorial Affairs.
Mr. N'Donell moved to amend the motion, so as to refer said petition to a select committee of three members and the roposed amendment liaving been received by 11r. Drake is a part of his tion; the motion was agreed to, and,
Messrs. Drake, N'Donell and Irwin, were appointed said select Comitee.
The President presented the claim of Mrs. Petit, for storing the furniture of the Council. Referred to the commutee on Claims.
Mr. Drake, from the commitee of Enrolment, reporied as cor: rec lv eurolled, bills with the following titles, viz:
“ An act to amendo act, en itled an act to incorporate the village of Monroe,” and frir o:her purposes ;"
“ An act to provide for the appointment of a Deputy Clerk of the Supreme Court of the Territory of Michigan;"
* An act 10 ser oft and connect townslap four, in range ten, in the ownship of Oakland and county of Vallaud, to the township of Pondic, in said county.”
Anche l'resident signed the same.
Mr. Stockt n, from the select committee appointed to prepare a Dill to dissolve the buis of mirin ny, between Smih H. iicey an twy C. Yance', vile che joliow: ig report, accorupunied by
ab:ll for the relietot Vary C. Yancey."
The committee appointed to bring in a bill to dissolve the bands of matrimony between Smith H. Yancey and Mary C. Yancey, have had the subject under consideration, and report
Thu Smith II Yancey was married to Mary C. Yancey on the 17th day of July, 1825, and tirat in the month of September following, the said Yancey alleged that he had business at Aon Arbor, in the county of Washtenaw, which required bis personal atiendance there: and that he should not be absent more than ten days; that he borrowed a horse from the father of Mrs. Yancey, and depared as is believed, for that place. After the expiration of the time Lixed for his return, and not hearing from him, virs. Yancey became alarmed for his safety, and immediate enquiry was made, ihe result of which was, that he did not go to Ann Arbor, as was contempla. ied, but was seen at Woodruf's Grove, in said county; and notwithstanding every enquiry has been made from that time to the present, not the least information has been received relative to him. In aldition to the foregoing facts, there are circumstances which furnish satisfactory evidence to your committee, that Yancey never intended to hold sacred the marriage contract; among which are-
1s! His having stated that he had deposited in the Bank of Michigan $6000.
2d. That he had loaned to individuals in Detroit $2000.
3d. His offer to furnish capital, and become concerned with a gentleman in Detroit, in ihe mercantile business.
4th. Making the preliminary arrangements for the purchase of real estate in this Territory.
5th. Ilis taking with him the best of his wearing appare), with out the knowledge of Mirs. Yancey, and leaving that most worn, together with a mortgage for a piece of land, for $50, which lie had loaned; whereby his intentions might bot be suspected.
Your committee are fully satisfied, that the foregoing circumstances, ni the conduct of Yancey, could only have been made by bim for the purposes of fraud and deception; the facts in rilauo? thereto will warrant this conclusion, as he never had a dollar dopes sited in the Bank, nor did he ever loan to the individuals spokcivi (who were Messrs. Rees, Wadhams, & Co.) one cen-aud as to the purchase of real estate, the conveyanees were made out, ind be declined having them executed until his return som Aun Arbor; le pretending to be then on his way to that place.
Your committee in investigating the sulject, have as his ideaselves of the opinion of the turney General, which is dis path subjvined ; and they ask that it may be received in a part de vieir Icfuori.
Funstormittce, afer a fai in sestigation of the sudjeci, are satisfied that lirs. Pancey is entitled to relies, and seconument to the fivoravle consideration of the Councithe newpanying b.li.
Detruit, truy 27, 1928.
of the select committee of the Legislative Council, to which was referred the petition of Mary C. Yancey, praying ihat the marriage contract between your petitioner and her husband, Smith H. Yancey, may be dissolved, in which you request my opinion as to the propriety of granting the prayer of your petitioner.
I entertain no doubt respecting the power of the Legislature to grant such relief to the injured parly,
The only questions which can arise on such applications, relato to the injury of each individual case, and the expediency of the measure, under all the circumstances of each case.
The case presented by your petitioner, if sustained by fair and satisfactory evidence, is one of great hardship if no relief can be obtained bat by the ordinary proceedings in cases of divorce; but considerations of this kind are exclusively in the province of the Legislature. Very respectfully, your ob't serv't,
WM. A. FLETCHER, Attorney General. Hon. Jonn STOCKTON, Chairman of select committee.
The “ bill for the relief of Mary C. Yancey," was read the first time; and on motion, said bill was read a second time, and having been considered in committee of the whole, it was, on motion,
Ordered to be engrossed and read a third time to-morrow.
Mr. Drake, from the committee on the Judiciary, to whom had been referred "a bill concerning Grand and Petit Jurors," reported the same with amendments.
Said bill with the amendments were ihen considered in committee of the whole, and the amendments having been concurred in ; the bill as amended was reported to the Council and accepted.
Mr. Drake then moved that the bill be now read the third time; and the motion was agreed to.
Said bill was then read the third time ; and, on motion, the ques. tion “shall the bill pass ?" was then put, and was decided in the affirmative. . So the bill passed.
Mir. M'Donell gave notice that he should, to-morrow, ask leave to bring in "a bill supplementary to, and explanatory of,“ an act concerning judgments and executions."
On motion of Mr. Noble, the Council adjourned.
THURSDAY, May 29, 1828.
Prayer by the Rev. Mr. Coston.
The President announced, that he yesterday presented to the GO Fernor, for bis approval and signature
An act to pri vide for the appointment of a Deputy Clerk os hé Supreme Cour of the Territory of ichigan.
An act :o) miern act, entiled an act to incorporate the rila tage of Monroe," and for other purposes.
An act to set off and conneet township four, in range ten, in the township of Oakland and county of Oakland, to the township of Pontiac, in said county.
Mr. M'Donell asked, and on motion, obtained leave to bring in 6 a bill supplementary to, and explanatory of, an act concerning judgments and executions”-and also, "a bill amendatory of the act allowing and regulating writs of replevin."
And Messrs. M'Donell, Stockton, and Irwin, were appointed a committee to prepare said bills.
The “bill to provide for holding a special session of the Circuit Court for the county of Crawford," was taken up and read a third time.
Mr. Drake then moved that the bill be amended by striking out all after the words “ contained in,” in the 3d line of the third section, and insert in lieu thereof, the words, “ any law to the contrary Dotwithstanding ;" and the motion was decided in the affirmative.
Mr. Irwin then moved, that the bill be further amended, by adding at the close of the 3d section, the following, viz: “ Provided, That any deficiency in said panel, from any cause whatever, shall not operate to prevent the Court from causing a sutticient number of other jurors, to complete the panel atoresaid, to be summoned from among the neighboring citizens or by-standers ;” and the motion was agreed to.
The question on the passage of the bill was then put, and was decided in the affirmative,
So the bill passed.
The “ bill for the relief of Mary C. Yancey," was taken up and read the third tiige.
Mr. Stockton then moved that the bill be amended by adding at the close thereof the following: “ Provided, 1 hat nothing in this acı shall be so construed, as to release and discharge the said Sinh H. Yancey from any of the pains and penalties, which, by law, hic may be liable to ;" and the motion was agreed to.
The question “ shall the bill pass ?" was then put, and was de. cided in the affirmative.
The resolution submitted by Mr. Schoolcraft on the 27th inst. relative to obtaining certain periodicals for the Council, was taken up and adopted.
Mr. Irwin submitted the following resolution, which laid on the table :
Resolved, That the committee on Expenditures be instructed to inquire whether any of the laws of this Territory ought to be pubLished in the French language, in addition to those already publishod, and the probable expense that would be incurred in the translation and printing of such as they may deem advisable to publish as Aforesaid, and to report by bill or otherwise.
Mr. Irwin also submitted the following resolution :
purchase one dozen of chairs of a good quality, in addition to those aire dy ordered for the committee rooms.
Mr. Schoolcrafi moved that the resolution be now adopted ; and the motivu was agreed 10.
The res lution submitted by Mr. Stockion on the 27th inst. relae tive io a road from the old French Church, on the Dctroit River, lo Enoch fluuley's, on Clinton River, was taken up and adopted.
The resolution submitied by Mr. Drake on the 27th inst. relative to the preservation of the Capitol, was taken iw and adopted.
A message by Mr. R. A. Forsyth :
Mr. i'resident- The Governor on the 27th inst. approved and signed an act to organise the township of Clay, in the coumy of St. Clair;" yesterday he approved and signed “ an act to provide for the appointment of a Deputy Clerk of the Supreme Court of the
Territory of Michigan;" and to-day," an act to set off and connect township four, in range ten, in the iuwoshup of Oakland and crunty of vakland, to the township of Pontiac, in said county," and also,
an act to amend an act, entitled “ an act to incorporate the village of Monroe,” and for other purposes."
A message on Executive business was also received from the Gcvernor, by the hands of Mr. Forsyth.
Mr. Schoolcraft gave notice that he should, on a subsequent day, ask leave to introduce “ a bill to incorporate an Historical Society in the Territory of Michigan."
The resolution submitted by Mr. Drake on the 23d inst, relative to a law for exempting the property of preachers or ministers vi the Gospel trom taxation, was taken up and adopted.
Mr. Brown submitted the following resolution, which was laid on the table :
Resolved, That the committee on Territorial Affairs be instructed to amend an act to apportion the Menibers of the Legislative Couns cil among the several districts of this Territory, so as to proviue for future elections of Jiembers of the Legislative Council.
The resolution submitted by Mr. Schoolcraft on the 23d inst. relative to exploring and marking a road * from the village of St. nary, in the county of Chippewa, to Point St. Ignace, in the county of Michilimackinac," was taken up and adopted.
On motion of Nr. Irwin,
The report of the committee on Crims, made on the 26th inst. on the message of the Governor of the Territory, dated the ad May, 1828, relative to compensatis Wn. F. Moseley, &c. was ahen up.
vir. Stockton moved that said report be recommilied to the conr aniiiee on Claims; and the motion ves decided in the negative. cha motion of Vr. Drake, the report was then accepted. hei
iesolution sumaid by Mr. Lowuridige on the 21st inst, roline in all i mmin imties visit to take the acknupleugs anent vicceds, C. Was takeping in the ind.