PROVINCIAL COUNCIL.

Lyttelton Times, Volume XXVII, Issue 2021, 13 June 1867, Page 2

PROVINCIAL COUNCIL.

Wednesday, June 12. The Speaker took the chair at five minutes past fire o'clock. Prayers were read by the Very Re? the Chaplain. The following members were present : Messrs Aynsley, Barff, Belfield, Bright, Brown, Buchanan, Cassius, Davis, Delamain, Dixon, Duncan, Fyfe, Johnstone, Gray, Hall, Hawkes, Hargreaves, Hillyard, Hoos, Hornbrook, Jollie, Knight, Lee, Matson, Montgomery, Moore, Ormsby, Potts, Rhodes, Sheath, Stewart, Tancred, Travers, Waeckerle, Walker, Whall, Williams, J. S., Williams, W.H.W., and Wylde. The minutes of the previous sitting were read and confirmed.

PETITIONS, Mr Travers presented; a petition from the Church Property Trustees, praying for leave to bring in a bill to amend the Church Property Trust Ordinance. The petition was read and received. Mr Wilson presented a petition from the Road Board and residents at the Halswell, praying the Council to make it compulsory upon holders of land there to clear the river, 'which was becoming choked with cress; also stating that the road reserve along the river no longer served the purpose for which it was set apart, and that it might be sold to occupiers of land abutting upon it. The petition was read and received. auditor's statement. .

The statement of the Provincial Auditor of receipts and disbursements for the quarters ending September 30, December 31, 1866, and March 31, 1867, was read. It shewed that the gross expenditure, in excess of the vote, was £23,66114s lOd. The report was ordered to be printed. PATERS,The following papers were laid on the table : Correspondence with the Committee of the Christchurch Mechanics' Institute in reference to the establishment of a public library. Returns of people and stock which have passed the Bealey to and from the West Coast goldfields, from October 6, 1866 to May 18,1867. Plan shewing land leased to Mr J. T. Peacock, under " Peacock's Wharf Ordinance, Session 8, No. 9," distinguishing by a separate colour the land reclaimed, and shewing the | extent of present jetty, and the position of sections 313 and 3U, Lyttelton.

TAX ON WATER RIGHTS. Mr Barff asked the Provincial Secretary by whose authority instructions have been issued to the Wardens in Westland to enforce the payment of an annual tax of 10s per sluice-head of water from the holders of water rights; and moved that," In the opinion of th;s Council the annual rent or tax of 10s on every sluice-head of water now levied on the holders of water rights is levied illegally, inasmuch as the 28th section of the 'Gold Fields Act, 1866/ applies to waterraces constructed on or over private lands only." It had been discovered by the mining conference that this section of the Goldfields Act has been misinterpreted and the enforcement of the Act was illegal. The opinion of the Attorney-General had been obtained, and it coincided with the view he had stated. Tht tax pressed with peculiar hardship upon the holders of water-rights, and he knew instances where the tax had been enforced several times within a few months. - Mr J. S.Williahs said that instructions for the collection of the tax had been issued by the Commissioner under a misinterpretation of the law. The Government had issued instructions not to enforce the tax; therefore the hon. member would probably withdraw his motion.

Mr Barff said he should with the motion to pass, as it would act as a mild protest of that House against the mode of interpretation adopted by the Commissioner. Mr Hall thought the motion in its present form would, if passed, place the Council in a wrong position. He moved as an amendment, "That in the opinion of this Council, any annual rent or tax on water-races which has been levied contrary to the provisions of the Goldfielda Act, 1886, shall be returned to the persons paying the same." MrTRAVBRS said, if the original motion were carried, it would cast implied censure upon the officer. Everything would be met by the amendment, The amendment was put and carried on the voices, when a division took place, the numbers being—Ayes, 83. Noes, 2.

CONTRACT FOR TRACK CUTTING. Mr Tiutebs asked the Provincial Secretary whether the Government have made any contract for cutting tracks through the bush in the Westland district, and to what extent, and at what prices, with a general character of the works contracted for. It was a matter which had not been alluded to in the speech of his Honor the Superintendent, and he thought it important that the information should be furnished. Mr Stewart said that several contracts had been entered into for the purpose mentioned, but they were determinable at a fortnight's notice, so that if it were found advisable the expenditure could be speedily arrested. They had been entered into to the extent of about £9OOO altogether, at an average of X2O a mile. The tracks were five feet wide, and were available for prospectors, but not for general traffic. BREAKWATER AT OFFICER'S POINT. Mr Travers asked the Provincial Secretary whether any estimates had been prepared shewing the probable cost of the works recommended by Mr Balfour to be done at the Breakwater at Officer's Point, with a view of obtaining, at an early date, berths for the discharge of large vessels in immediate connection with the Lyttelton and Christclrarch Railway. It was a matter of great interest to the province to know if the proposition had been entertained, and whether there was any prospect

of the. work being carried out at an early date.

Mr Stewart said that no estimates had been prepared, but the Provincial Engineer had been instructed to make a report, with a view to obtain the necessary accommodation for ships. That report would be laid before the Council on an early day. With reference to the recommendation of a staging by Mr Balfour, the Provincial Engineer was of opinion that it was inapplicable. There was an unknown depth of mud, and 80 feet of water, and wero a staging erected, he could not guarantee that it would remain in position long.

WASTE UNO SALES, MrTaATERg asked the Provincial Secretary whether the return of land sold during the eleven months ending May 31,1867, includes lands taken by Holmes and Co. in payment for works under their contract for the construction of the Southern railway, and, if so, to what extent. He believed that the courso had been to pay the contractors for works in cash, and exchange it for land, Mr Stewart replied that.the return alluded to did include all the land purchased by Messrs Holmes and Co., and that the whole of such land amounted in value to £18,122.

QUALIFICATION OF VOTKHB. MrßaioiiTaskedthe Provincial Solicitor if it was under the legal advice of the Government that the Returning Officer for the Electoral Districts of Hokitika and Greymouth, in which rolls of voters have been prepared in accordance with the provisions of the ordinary electoral law, had decided to admit as qualified voters in those towns the holders of miners' rights not being enrolled electors,

Mr J. S. Williams said that the Returning Officer did not act under thi instructions of the Provincial Government, but upon his own responsibility, or rather that he drew his inspiration from the law officers of the Crown.

hokitika gaol. Mr Bright asked the Provincial Secretary by what authority the practice is still persisted in of compelling unconvicted prisoners in the Hokitika gaol to wear convict costume, Mr Stewart said that the visiting justices had reported on the matter to the General Government, and recommended the substitution of a grey dress for the one at present in use, but no reply had been received.

TEAHWAT COMPANIES, Mr Bright asked the Provincial Secretary whether it wag the intention of the Government during the present session to introduce a bill to legalise certain concessions to Tramway Companies in Westland.

Mr Stewart said that it was not the intention of the Government to do so, as, under certain clauses of the Goldflelds Act, 1866, it was considered that the Superintendent had power to do all that was necessary. SALE OF HOKITIKA TOWN LANDS. Mr Bright asked the Provincial Secretary what were the intentions of the Government with reference to the further sale of lands within the town of Hokitika. Great anxiety was experienced at Hokitika to know when the town lands would be brought under the operation of the Waste Lands Act, so that they might be sold. The delay was productive of considerable loss to the Municipality, and to individuals. Mr J. S, Williams assured tie mover that the Government had every desire to get rid of the lands, and receive the money, but, unfortunately, legal difficulties had arisen with reference to the interpretation of the Goldfields Act. The interests iavolved were so great that the matter had been referred to the Attorney-General for his opinion. It was evident that some Act was necessary to define what was the meaning of prior Acts affecting.the question. He thought the legal difficulties he had referred to would not have any influence upon lands already sold. CIVIL SERVICE COMMISSION, Mr Bright asked the Provincial Secretary whether the report of the Civil Service Commission will he ready to be laid before the House during the present session. Mr Stswart thought the report would be ready on Tuesday next.

peacock's whabf. Mr Travers moved " That the following plans be laid upon the table of the Council, viz.—l. A. plan shewing the land leased to Mr J. T. Peacock under the proviaiona of the Peacock Wharf Ordinance, Session VIII, No 9, distinguishing by a separate colour the portions reclaimed, and showing the extent of the present Jetty. 2. A plan showing the position of sections 313 and 314, Lyttelton, relative to the land leased to Mr J. T. Peacock under the above ordinance; and showing by a separate colour the portions proposed to be purchased by the Government, pursuant to the existing negotiations with Messrs Peacock and Co. And also that a copy of the lease granted to Mr Peacock, under the provisions of the Peacock Wharf Ordinance,

Session VIII, No 9, be laid on the table of the Council." He moved for thsee papers, with special reference to a notice of motion on the order paper by the Provincial Secretary, which would be brought before the House. The information would enable the Council to understand the matter more fully. The motion was carried, and the plan laid on the table. SHEEP-RATINO ORDINANCE AMENDMENT BUI.. This bill was read the first time and ordered to be printed. FENCING OEDINANCE AMENDMENT BILL. Mr J. S. Williams explained that the objections to the Ordinance of last session by the General Government, chiefly rela'ed to the recovery of moneys under certain clauses of the Act. He had also considered the suggestions of the hon. member for the Bakaia, with reference to the delivery of notices by post, and the time when the notice to erect or repair a fence should expire. In drafting the Amendment Bill, he had acted upon the suggestions which had been made. He moved the second reading of the bill. I The bill was read a second time, HEATHCOTE BRIDQIS BILL.

Mr J. S. Williams, in moving the second reading of this bill, said that the objects of this bill were to authorise the erection of a bridge over the Heathcote river, and to legalise the maintenance of a bridge known as Wilßon'i, and one in continuation of Colombo street south, which had been erected without the authority of an Ordinance.

The bill was read a second time and committed. After a few amendments, it was passed through committee and reported.

IMPORTATION OF CATTLE, Mr Dxlakaix moved—"That an address be i resented to his Honor the Superintendent, praying him to cause,'the proclamation prohibiting the importation of cattle into the ports of Canterbury, in as far as it regards Great Britain, to be annulled." At that lime the proTince was much in need of fresh blood'to improve the breed of cattle. In consequence of the prevalence of pleuro-pneu-monia in the colonies it had been found expedient to prohibit the importation of cattle to Canterbury; but he thought that this prohibition ought not to extend to Great Britain. Persons sending cattle thence would be careful in the selection, and it was also most probable that, owing to the length of the voyage, the germs of the disease, if any, would be destroyed before the arrival of the cattle at Canterbury. Mr. Stewart said that the Government had deoided to recommend his Honor the Superintendent to issue a proclamation annulling the prohibition of cattle so far as regarded Great Britain. As many days would not elapse before such a proclamation was issued, he thought that the hon. member might withdraw his motion after the assurance given. The motion was withdrawn. peacock's wharf. Mr Stewart obtained leave to postpone his motion on this subject until Tuesday next. Notices of motion were given, and the Council adjourned to Thursday, at 5 o'clock,

NOTICES OP MOTION. Thubsdat, June 13. Mr W. Wimok, to ask the Provincial Secretary —" Whether it is the intention of the Government to endeavour to carry through the Counoil during tho present tession the remaining clauses of tho Chnstohurch Building Ordinance."

fascine work, on the bank of the C?te d between Sale and Britten streets, anuTfr wharf; and of the' above, the town boundary on thn Z - m S which are severally mentioned in MrTli? 1 ?, 1 ' report of the 13th Mar last," Eochfort « Mr Tbatbes, to <ui the Provincial Secretar, If ho can gl ve any explanation why the a 2« of Crown grants unprepared ha, inc«ad dffi the eleven months ended on the 31»t irT? ? to 2205, as appears by XrX* 8 ' laid on the table of the Council." Wo ' ~ • MrßißPp.to ask the Provincial Secretary " Why the sum of £IOOO, granted b, this & during the last for'the const SnT! road to Bo„ k, not been expended £°L manner intended by this Council." the Mr Baepf to ask the Provincial Solicitor ' Whether it ~ the intention of the GotJ' to introduce a Bill during tho present sea?™. amend the WestlandPublic HoiiOrdinan c » t0 Mr Hut, to move-" That it is desirable ,ut, should bo taken with as little delay uSfe ascertain the quantity of wheat, oaU.andbarW which bas been grown in this province iJZ the year ending 28th February l M t." wa ? MrWiLKBE, to move-" For a return of .n lands which have been given to orbou,,],. T Messrs Holmes and Co. in satisfaction irft„' claims under the provisions of the contract fo a Southern Railway." ne Mr Walkjsb to move—-' That copies of all cor respondence between the General Government and the Provincial Government, on the subiectTf payment for the Southern Eaikay in land j, laid on the table." s e Mr Travbbs, to move-" That a pl,„ the area of the rooms occupied by the Provincial Geologist in the Government Buildmsjbe l»U upon the table of the Council." g M

MtTbivbes, to move-" That a Select Com mittee be appointed, consisting of Messrs Rp«™ MeLee,ijollie, W.Wilson, theProvS Solicitor, and the mover, to consider and renorf upon the petition of the Bishop of Chrislch'Lh and others for leave to bring in a bill intituled the Church Property Trust Amendment Bill 1887, with power to call for papers and persons" The Provibcial Soliciiob, to move-" tw secondreading of the Sheep Bating Ordinance 1868 Amendment Bill 1867." "TUmS of the Fencing Ordinance 1888 Amendment liin Bridges Bdl 1867." Mr Bright, to move-" That a restful address be presented to his Honor the Superin. tendent in reply to his Honor's speech." MrSißWiET.tomove—"That the Council do proceed to the election of the Chairman of Com mittees,"

Peidat, Jura 14. Mr Ban, to more-" That in the opinion of this Council it is highly desirable that a system of telegraphic money-orders should be established as soon as possible on the lines of telegraph under the control of the Provincial Government." Con. tingent on the above resolution being carried to move—" That an address, containing'a copy of the resolution, be presented to his Honor the Super. intendent, praying him to take the necessary steps to carry the resolution into effect as soon as possible."

Mr Babe?, tomove-"That it is the opinion of this Council that all public works in Westland Bhould be thrown open for public competition by duly authorised tenders."

Mr Bbleield, to move—" For copies of all correspondence that has passed between the Port Officer of the province, the Manager of the Timaru Landing Service, and the Government, with reference to the protection works now being carried on for the protection of the Government llndme shed." 6

Mr Winn Williams, to move—"That copies of correspondence between the General Government and Provincial Government with regard to the Hokitika Municipal Council Ordinance be laid on the table." Tuesday, Junb 18. MrTRAVBES,tomove "That the Government be instructed to obtain, and lay on the table of this Council, the opinion of the Provincial Solicitor as to whether wire fencing is, in law, one of the class of improvements in respect of which pre-emptive rights ought to be granted under the provisions of the Waste Land Eegulations for this province.

Mr Beleield, to move—*' That a Select Committee be appointed by this House to consider the working of the Timaru Landing Service, and the best means to be taken for carrying it on in future with advantage to the pubic, with leave to call for papers and reports; such committee to consist of Major Hornbrook, Messrs Jollie, Stewart, Aynsley, Sheath, and the mover: to report in a fortnight."