Resolved, That the Council do concur in the several amend. ments agreed upon by the committee of conference.

And the question being taken on the adoption of the resolution, it was determined in the affirmative.

On motion of Mr. Rountree,

The Council adjourned until 10 o'clock on Friday morning.

Friday, February 12, 1841.

Mr. Brigham presented the petition of citizens of Jefferson county, praying that the act to change the form of county and town government, may be amended so as to take effect in said county as soon as in any other county in the Territory.

Read and laid on the table.

Mr. Learned, from committee on enrolment, reported that the committee had examined "An act to incorporate the village of Racine," and found the same to be correctly enroled';

Also, that the committee had presented on Wednesday last, to the Governor, for his approval, the following:

An act suplementary to the several acts relating to the Mil. waukee and Rock River canal

An act to divide the town of Watertown in the county of Jef. ferson, and to establish the town of Union

:

An act to annex a part of the town of Pleasant Prairie to the town of Southport; and,

Memorial to Congress for the relief of John Hood.

On motion of Mr. Bullen,

The Council resolved itself into committee of the whole, Mr. Rountree in the chair, for the further consideration of the unfinished business of Wednesday last, being the bill No. 46, (H. of R.) entitled "a bill to provide for the government of the several towns in this Territory, and for the revision of county govern. ment."

The Clerk of the House of Representatives being announced, the President took the chair, when the following message was received, vizi

“Mr. President, The House of Representatives have adop ted the report of the committee of conference relative to the disagreeing vote of the two Houses on bill No. 41, (of the House of Representatives) entitled "a bill to provide for the payment of the expenses of the Legislative Assembly and for other purposes; !

"And have concurred in all the amendments of this House to the following resolution and memorial of the House of Repre sentatives, to wit;

No. 14. Resolution relative to the northeastern boundary of the Territory;

No. 6. Memorial to Congress relative to appropriations for defraying the expenses of the Legislative Assembly and of the courts of the Territory

44

"I am directed to request this House to transmit to the House of Representatives a copy of the articles of association of the Fond du Lac Company, and of the petition which prays for an act of incorporation for said company;

"And to inform this House that the Governor has notified the House of Representatives that he has on this day, approved the following bills and memorial, to wit:

An act supplementary to the several acts relating to the Milwaukee and Rock river canal ;

An act to annex a part of the town of Pleasant Prairie to the town of Southport ;

An act to divide the town of Watertown in the county of Jef. ferson and to establish the town of Union; and

Memorial to Congress for the relief of John Hood."

The committee of the whole resumed its session; and after a

short time the committee rose and reported the bill with several amendments thereto.

And the question being on concurring in the first amendment to the bill, to strike out the first section of the first chapter; also, to strike out the words, "not heretofore mentioned," in the second line of the second section, and to add to the section as follows: "and if a majority of the electors in any counties of this Territory shall vote in favor of the adoption of this act, then the county so voting in favor of its adoption, shall be gov erned by, and subject to the provisions of this act, on and after the first Tuesday of April, 1842."

It was concurred in-ayes 7, noes 6.

And the ayes and hoes being called for,

I

Those who voted in the affirmative, are Messrs. Arndt, Janes, Martin, Rountree, Sterling, Vineyard and Maxwell, (President.) Those who voted in the negative, are Messrs. Arnold, Brig. ham, Bullen, Collins, Learned and Upham.

The remaining amendments were then concurred in.

f Mr. Martin then moved further to amend the bill in the first chapter, by striking out in the first section, second line, the words "herein before mentioned," and inserting in place thereof, the words, "which shall have determined by vote in favor of the adoption of this act."

The motion was agreed to.

1510

Mr. Upham then moved to amend further by adding to the tenth section, third part and twelfth chapter, as follows: "and also that said treasurer shall not receive more than twelve and a half cents for every certificate of the sale of any lot or tract of land for taxes."

The motion was also agreed to.

Mr. Collins then moved to amend further by striking out the seventh section, third part and fifth chapter, which reads as fol. lows:

Sec. 7. It shall be the duty of the supervisors and clerk of each town, at least two weeks before the day of the annual town meeting, to make out and post up at the places of holding such meeting, a list of the legal voters of such town, together with a notice that they will be in session at such place, at some hour, on the day of election, previous to the opening of said meeting, for the purpose of perfecting such list of voters; and it shall also be the duty of such board to post up a like list and notice two weeks previous to the general election in September, and that said list, when so perfected, shall be known by the name of "Poll List" of such election, and shall be preserved on file in the clerk's office.

Which motion was determined in the negative-ayes 6, Does 7.!

And the ayes and noes being called for,

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

Those who voted in the negative, are Messrs. Arnold, Brig. ham, Bullen, Janes, Martin, Rountree and Vineyard. Mr. Martin then called for the previous question.

And the question being put, Shall the main question be now put?" It was determined in the negative-ayes 4, noes 9. So it was determined that the main question shall not be now put.

Mr. Upham then moved to amend further by striking out the 30th section of part 1, chapter 10, which reads as follows:

Sec. 30. The county treasurer shall be entitled, on sales of real estate, to four per centum on the amount of taxes for which the same is exposed to sale, and twenty-five cents for each certificate of sale under this act, which are to be added to [and] estimated in the sum for which any tract of land, or lot, or part thereof, shall be sold.

And pending the question thereon,

Mr. Martin submitted a question of order :-that the refusal of the Council to put the main question now, removes the bill from before the House for the day, and that the motion to amend could not therefore be entertained now,

The President decided the motion to be in order..

From which decision Mr. Martin appealed..!

And the question being then put, "Shall the decision of the President stand as the judgment of the Council?"

It was determined in the affirmative-ayes 10, noes 2.
And the ayes and noes being called for,‹

Those who voted in the affirmative, are Messrs. Arnold, Arndt, Brigham, Collins, Janes, Rountree, Sterling, Upham and Vine. yard.

Those who voted in the negative, are Messrs. Bullen and Martin.

The question then recurred on the motion of Mr. Upham, and it was determined in the affirmative.

On motion of Mr. Martin, Resolution No. 16 (H. of R.) entitled "resolution relative to the adjournment of the Legislature," was taken up.::

And the question being on ordering the resolution to a third reading,

... Mr. Arndt moved to amend by adding thereto another resolution, as follows:

Resolved, That the sessions of the Legislature shall be held at the town of Milwaukee, until suitable buildings shall have been completed for the accommodation of the Legislative Assembly at the Seat of Government: Provided, That all the ne:cessary rooms for the convenience of the officers of the Territory, and for the sitting of the Legislature be there furnished, without expense to the Territory.