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The motion was also disagreed to.

Mr. Collins then moved that further proceedings in the call

be suspended.

The motion was agreed to.

And the question being again put on ordering the bill to a third reading;

Mr. Upham moved to amend the bill further, by adding there. to, as follows:

SEC.

. Previous to the issue of any bonds in pursuance of the provisions of this act, it shall be the duty of the Governor to obtain from the Milwaukee and Rock River Canal Company a release of their right, title and interest in and to the canal to be constructed, connecting the Milwaukee and Rock rivers, upon the terms and conditions following, to wit:-1st. The Territory shall pay to said company the sum of money already expended by them, to be audited and allowed by the Governor, not exceeding the sum of ten thousand dollars. 2d. The Territo. ry shall cause the said canal to be constructed at as early a period as the public interest will admit from the funds that can be raised from the lands, or from a lien on the canal itself; and no material alteration shall be made in the line of the canal as now located. SEC. In consideration of the stipulutions hereinafter mentioned, and for the performance of which the faith of the Territory is irrevocably pledged, the said company shall, by grant under the corporate seal of said company, release and transfer to the Territory, and future State, of Wisconsin, the right to construct said canal, and the branches thereof, and all the rights, privileges and appurtenances thereto belonging, as fully in all respects, as they are now held or enjoyed by said company. And after the execution of such release and transfer, the said company shall no longer exercise any right or priv 1lege in the construction, management, or control of said canal.

And pending the question on this amendment,

Mr. Upham moved a call of the House,

The call was thereupon ordered, and the absent members sent for..

Mr. Bullen moved to dispense with further proceedings in the call.

Which was disagreed to.

And pending the report of the Sergeant-at-Arms, who had been sent for the absentees,

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Mr. Janes from the committee of enrolment, reported an act to incorporate the village of Southport,' to be correctly enroled,

The following message was then received from the House of Representatives by the clerk thereof:

"Mr. President-I am directed to present the following bill for the concurrence of this House, viz :

No. 43. A bill to amend an act entitled an act for assessing and collecting county revenue.

Also the following for your signature, viz:

An act to incorporate the village of Southport.

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I am further directed to inform this House, that bill No. 17 (C. F.) entitled 'a bill to amend the several acts of the Terri tory to authorize the levy and collection of taxes,' has been in. definitely postponed."

The President signed the acts referred to in the foregoing message.

And the question being again put on the adoption of the amendment offered by Mr. Upham, it was determined in the negative-ayes 2, noes 11.

And the ayes and noes being called for,

Those who voted in the affirmative,are Messrs. Janes and Up. ham.

Those who voted in the negative, are Messrs. Arnold, Arndt,

Brigham, Bullen, Collins, Learned, Martin, Rountree, Sterling, Vineyard, and Maxwell, (President.)

The question was then taken on ordering the bill to a third reading, and determined in the affirmative-ayes 11, noes 2. And the ayes and noes being called for,

Those who voted in the affirmative, are Messrs. Arnold, Arndt, Brigham, Bullen, Collins, Learned, Martin, Rountree, Sterling, Upham and Vineyard.

Those who voted in the negative, are Messrs. Janes, and Maxwell (President.)

On motion of Mr. Arnold,

Ordered. That so much of the 27th rule as prohibits bills from being read a second and third times on the same day, be suspended with reference to the bill just ordered to a third reading, in order that the same may be read a third time now.

The bill was thereupon read the third time, passed, and the ..title was agreed to.

On motion of Mr. Rountree,

The Council resolved itself into committee of the whole, Mr. Upham, in the chair, for the consideration of resolution No. 11, (H. of R.) entitled "resolution relative to the northeastern boundary of the Territory."

And after some time the committee rose and reported the resolution without amendment.

The question then being put on ordering the resolution to a third reading.

On motion of Mr. Collins,

Ordered, That it be laid on the table.

On motion of Mr. Janes,

The amendment of the House of Representatives to bill No. 24, entitled "a bill to incorporate the village of Racine,' was read, viz (to strike out in the 16th paragraph of the 13th sec

tion the words the owners of two-thirds of the lots, and insert in place thereof the words two-thirds of the residents.)

And the question being on concurring therein, it was determined in the negative-ayes 5, noes 7.

And the ayes and noes being called for,

Those who voted in the affirmative, are Messrs. Arnold, Bul. len, Learned, Martin, and Upham.

Those who voted in the negative, are Messrs. Arndt, Brigham, Collins, Janes, Rountree Sterling and Maxwell, (President.) On motion of Mr. Sterling,

The Council proceeded to the further consideration of bill No. 5, (H. of R.) entitled "a bill to divorce Peter Howard from his wife Sarah Howard, and to change the name of said Howard."

And the question being on ordering the bill to a third reading, Mr. Collins moved to amend the bill by striking out the second section thereof.

And pending the question thereon,

Mr. Sterling moved that a call of the Council be made.

The call was made and absent members sent for.

Mr. Collins then moved to adjourn.

The motion was disagreed to.

Mr. Upham then moved to adjourn.

Which was also disagreed to.

Mr. Arnold then moved to suspend further proceedings in the call.

Which was also disagreed to.

Mr. Arndt then moved to adjourn.

The motion was also disagreed to.

The question was again put on striking out the second section of the bill, and it was determined in the negative-ayes 4, noes 9.

And the ayes and noes being called for,

Those who voted in the affirmative, are Messrs. Arnold, Arndt, Collins and Maxwell, (President.)

Those who voted in the negative, are Messrs. Brigham, Bullen, Janes, Learned, Martin, Rountree, Sterling, Upham and Vineyard.

Mr. Collins then moved to adjourn.

Which was disagreed to.

The question was then put on ordering the bill to a third reading, and determined in the affirmative-ayes 10, noes 3. And the ayes and noes being called for,

Those who voted in the affirmative, are Messrs. Arnold, Brigham, Bullen, Janes, Learned, Martin, Rountree, Sterling, Upham and Vineyard.

Those who voted in the negative, are Messrs. Arndt, Collins, and Maxwell, (President.)

On motion of Mr. Martin, the Council adjourned.

Tuesday, February 9, 1841.

Mr. Arnold presented the account of Harrison Reed for pub. lishing laws of August session, 1840, and for papers furnished during present session.

Referred to committee on claims.

The President laid before the Council two communications

from the Governor, as follows:

1. On executive business; and

2. Notifying the Council that he did on this day approve the following, viz:

An act relating to sheriffs;

An act declaring rivers navigable for certain purposes;

An act to amend an act entitled 'an act concerning grand

and petit jurors; and

An act to provide for the trial of criminal cases.'

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