PROVINCIAL COUNCIL.

Press, Volume XI, Issue 1434, 13 June 1867, Page 2

PROVINCIAL COUNCIL.

Wednesday, June 12. The Speaker took the chair at five o'clock. Present —All the members except Messrs Buckley, Gray, and Maskell. Prayers having been read by the Very Reverend the Chaplain, the minutes of last meeting were read and oonfirmed. PETITIONS. Mr Teavees presented a petition from the Church Property Trustees, praying for leave to bring in a Bill to amend the Church Property Truet Ordinance. The petition was received and read. Mr W. Wii-SON presented a petition signed by members of the Road Board of the district, and all the resident landowners having frontage on the River Halawell, setting forth that the road reserve between their sections and the river no longer serves the purpose for which it was originally set apart, and praying that it might therefore be sold, except where it is necessary for a high road, to the respective occupiers of lands abutting upon the river, subject to the condition that the purchasers should keep the river clear of watercress. The petition was received and read. EEPIiX TO THE ADDRESS. Mr Walker oalled the attention of the Government to the fact that the reply to the address of his Honour had not as yet been moved, notwithstanding that sitting being the third of the present session, and was proceeding to state the usual parliamentary custom, when he was called to order by the Speaker. Mr Walker then wished to know whether it was competent for the House to defer the consideration of the reply to the address so long, and he asked the Government when it was their intention to bring it on. The PiiOYiN'CiAli Secretary, replied that ho understood it waa to be moved at next sitting, and that notice would be given that evening. Mr Walker was than proceeding to ask why the Houso was debarred the custom followed in Parliament with regard to the reply to the addrees being moved without notice, when he was called to order by the Speaker. atjditob's report. The Speakek announced that he had received from the Provincial Auditor a statement of receipts and disbursements for the quarters ending September 30, 1866, December 31, 1866, and March 31, 1867, togtther with a comparative statement showing the euros voted for the period from July 1, 1866 to June 30, 1867, the expenditure on the vote, the unexpended balance, the amount paid in excess of vote or without the appropriation of Council, made up to May 21, 1867. The report was read by the Clerk. [We will publish it in full in our next impression.J PA PEES. The Peovincial Secretary laid on the table the following papers : —Correspondence with the Committee of the Christchureh Mechanic's Institute in reference to the establishment of a public library ; and return of people and stock that have passed the Beiley to and from the West Canterbury Gol<3fields from October 6, 1866, to May 18, 1867. "WATER-BACE TAXES. Mr E. Bakff asked the Provincial Secretary —" By whose authority instructions have i been issued to the Wardens in We3tland to ! enforce the payment of an annual tax of 10s per sluice-head of water from the holders of witter rights." He wished to make a few remarks explanatory of the cause which induced him to bring forward the motion. Shortly after the new Goklu'elds Act came into force, notices were served on the Wardens in Westland, signed by the Commissioner, directing them to enforce an annual tax of 10s pertluice head of water from the holders of waterrights, to the great dissatisfaction of the miners, who, however strongly they felt the injustice of the notice, did not call in question

or even doubt its legality. Those orders were very stringently curried out, *o much so that the tax was levied in some cases several times in the course of a few months on one "lineolieud of water, simply because the Wardens chose to look upon the mere extension of !i nice by even a few yards as a new work. The 28th section of the <aoldii._-ld3 Act, under which those taxes woro levied, applied to wuter-raees constructed on or oTer private lands only. The Mining Conference enquired into the matter, and they found that the Act had boon misinterpreted. The mining community had to pay a very heavy direct taxation as it was, and the, attempt to extract in one j from them in the way lie pointed out tended to cripple enterprise and prevent waterraces being constructed, to the great detriment of the interests of West land. When he arrived in Christchurch, lie laid the question before the Provincial Solicitor, who, on examination, concurred with him in hid interpretation of the twenty-eighth section of the Act, and at his suggestion the hon. member telegraphed to Wellington for the Attorney-General's advioe on the matter. He had hoard that a reply had been received, and he would content himself with repeating tho question he had asked. The Provincial Somcitob replied that the instructions in question must have been issued by the Commissioner under a misapprehension of tho law, which he (Mr Williams) thought was very excusable in consequence of tho very complicated nature of the Act. Ho believed that the Government had already issued instructions to ceaso enforcing the tax, and he had to thank the Conference for calling the attention of tho Government to this matter among many others. He thought that it was unnecessary for the hon. member to bring forward the motion standing in his name, as the Government admitted the fact "of the illegality of enforcing the tax alluded to. Mr Bahff said ho would move tho reeolu tion for this reason, that if carried it would, lie hoped, be considered as a mild protest on the part of the llouso against putting it in the power of one man to misinterpret a law, and carrj it into effect, to the great detriment of the province. He wished further to know whether the sums of money thus abstracted from tho miners' pockets were to bo returned to them, and also whether an action could not. be broughfcagainat the Government for the misinterpretation of the Act which had taken place lit , would more-" Tlmtin tlio opinion of tliia Council tlie annual rent or tax of lOa on every of water-rlglits is levied illegally, inasmuch !%a the twenty-eigliui section oi the U-olaiieldd Act, 1566, applies to wator-races constructed on or over private lands only." Mr Hoos seconded the motion. Sir "WHAI.T. wished to know wliether a vote of the House would have the effect of determining as to tho legality or otherwise of the Act. The Provincial Solicitor—Certainly not. Mr WllALii would therefore move as un amendment that—"Hie Honour the Superintendent be requested to take the necessary steps to rectify tho mat tor." The amendment not being seconded, Mr Wyldk said ho hoped tho hon. member for Westland (Mr Barff) would withdraw his motion, as he (Mr Wylde looked upon it as an attempt to entrap the House into giving an expression of its opinion upon tho whole system of the government of Westland. Whether that was tho case or not, tho passing of the motion would have no legal effect either one way or the other, and tho miners could obtain redress by the ordinary course of law. It whs no longer even necessary to do so, as the hon. the Provincial Solicitor had intimated that inetructiona had already been issued to suspend the enforcement of the tax. Mr Barff explained that all he wanted the House to do was to express its opinion as to the legality or otherwise of the instructions issued. Mr Hall pointed out to the hon. the mover that by the remarks with which he had moved the resolution he placed the House in a difficulty. [Hear, hear.] It might be true, and in fact the admission wns made by the Government, that the tax had been levied under a misapprehension of the state of the law, but the hon. member attached a particular significance to the meaning of the resolution. He begged to bo distinctly understood, that it amounted to a protest on the part of the Council against the Bjstem of governing Westland, which might be right or wrong, but an expression of opinion on that point ought not to be given hastily. H«l would ask the hon. member not to press the resolution as it stood. He (Mr Hall) should be Eorry to rote agaiust it, but would be obliged to do so on the intepretation put upon it by the hon. gentleman. He would suggest that as the tax had been levied under a mieapprehension it ought to bo returned to those who bad paid it. Ho would move as an amendment that the resolution should stand as follows : — " That in the opinion of this Council any annual rent or tax of 10s on water-races which has been levied contrary to the provisions of the Goldfielda Act 1866, shall be returned to persons by whom it has been ! paid." Mr Whall seconded the amendment. Mr Bakfe denied that he wished to entrap the House hastily into an expression of its opinion on this question. He should be sorry to see it shelved in any way, and if it was the wish of the House he would defer the queetion for a few days, to afford time to hon, members for its due consideration. The Provincial BEOHETAHT said that the Government had no wish to detain any moneys if they should be pronounced by the Attorney-General to have been levied in an illegal manner. Mr Tbaveks pointed out that the language of the motion was too strong, and might be interpreted as casting a censure on tho Commissioner. He would prefer, instead of the word " illegally," the words " under a misapprehension of the law." The amendment was then put, and declared carried. Mr Barff called for a division, which resulted as follows : —Ayes, 33 ; noes, 2 — Messrs Burff and Hoos. The amendment was therefore carried. TIIACKS IN -WHSTLANC Mr Tbavkrs] a&ked the Provincial Secretary —" Whether the Government have made any contracts for cutting tracks through the bush in the Westland district, and to what extent, and at what prices, with the general character of tho works contracted for." Certain rumours had been in circulated outside the House that the Government had entered into extensive contracts for cutting tracks, and as no reference had been made to tbe subject in his Honour's address, he was sure that the House felt anxious to know whether there was any truth in the reports which had been circulated. The Provincial Secretary replied that tho Government had entered into certain contracts for tho object alluded to, all of which were terminable at a fortnight's notice, bo that if the Government were entirely out of funds the expenditure could not be very large. The coat of the cutting of those tracks ranged from £17 to £25 per mile, the higher sum being for tracks where the bush was very heavy. They were cleared fivo feet wide, so as to be available for prospectors and packhorses, but not for general traffic. The expenditure to date already incurred on those tracks amounted to tho sum of £1000. In reply to a further question from Mr Travere, The Provincial Secretary said that contracts amounting to £8000 or £9000 had been entered into, at an average cost of £20 per mile. Mr Whall wished to aek if the contracts had been submitted to public tender, but was ruled to be out of order. LYTTELTON ITABBOUR WORKS. Mr Tkavjeks asked tho Provincial Secrecy " Whether any eatiniatee have been prepared showing the probable cost of the works recommended by Mr Balfour to bo done at the breakwater at Oilicer'e print, with the view of obtaining, at an early date, bertLs for tho discharge of large vessels in imiueaiate connection with the Lyttelton and Cbristcburch Kailway." The wording of tho question was extracted from Mr Balfour'a report on tho breakwater, and ho thought it was of great importance that the public should

know whether any estimates had boon „»„,„, of the cost of tho work* rerommeml A by tl f engineer. He ,iho wished to know if t!i ere J any prospect of those works lieing carriod on? or commenced ;it an curly date. The Pkovinciai, Secketauy replied that no estimates li'id actually been prepared !l8 in tho probable co«t of the works. The Provb c-iul Engineer had boon instructed to make a general report on the subject, with a view to obtain at an early date berths for the di«char Cc of largo vessels in immediate connection with the railway. Hie report he (Mr Stewnrt hoped to he able to lay on tho übU> at nest sitting, lie might mention Hint the works recommended by Mr Balfour could not bo enrried out, as tho Prorincinl Engineer p ro . nouneod them inapplicable for the site, which has an unknown depth of mud. A depth of thirty feet of soft mud was known to exist, with a depth of eighteen foet of water. Tho staging if erected, could not be guaranteed, mU le opinion of the engineer, to keep an upright position. .RETURN OF SALE OF WASTE LAND. Mr TiIAVERS asked tho 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 uuder their contract for the construction of tho Southern Kailway • and if so, to what extent" ' Tho Provincial Secretary replied in the affirmative. The value of the land bought by Messrs Holmes and Co. during the eleven months amounted to the sum of £18,122. AVESTLAND ELECTORAL DISTRICTS. Mr Bright asked tho Provincial Solicitor —" If it is under the legal advioe of the Government that the Returning Officer for the electoral districts of llokitika and Groy. mouth, in which rolls of voters lmvo been prepared in accordance with the provisione of the ordinary electoral law, hue decided to mlmit as quahlied voters in those towns the holders of miners' rights not boing enrolled el cotors." The Provincial Solicitor replied that the Government had not had occasion to look into the matter. The Returning Officer acted, ho presumed, on his own responsibility. Hβ was an officer of the General Government, nnd he supposed drow his legal inspiration from the Attorney-General. PRISONERS IN HOKITIKA GAOL. Ml , UmOM' ftsked the Provincial Secretary umiuu glib I ii) HUH tUIIIIM costame." Ho had brought llio question under tho notice of tho Jloubo during Inst eodsion, and ho obtained v promise from the Grovernrnent that tho practice would not be P fhOPMii\CIAL SECRBTiHYSftiII that 110 mi ndvised it wu.s one of tbe regulations in force, and could not be altered. With reference to the statement in ado lust session, that uieaeuroa would be tuken to have the matter improved, lie might state that such had been done. Mr Sftlo communicated eomo monthe back with tho General Government, and recommended that clothing of a grey colour should bo substituted for that at present in uso, but no answer had been received as yet. TEAMWATB IN WESTI/AND. Mr Bright ueked tlio Provincial Secretary —" Whether it is the intention of tho Government during tho presont session to introduce n Bill to legalise curtain concessions to tramway companios in Westland." Tho Puovincial Secretary, in reply stated that it was not tho intention of Govomment to bring in any measure. They considered that the Goldfiolde , Act providod all that was necessary. HOKITIXA TOWN LANDS. Mr Bbight asked the Provincial Secretary —" What are the intentions of the Government with reference to the further eale of lands within the town of Hokitika." During last session the sale of the town lands was agreed upon, and it was expected that no time would be lost to bring them into market. Nothing had however been done, to the greut loss to the inhabitants. Tho Provincial Solicitor said it was the earnest wish of the Government to get tho lands Bold w> soon ac possible, and receive tho money. There were, however, certain legal difficulties in tho way, owing the provisions of the Goldfields Act. He had advisod the Government on the matter, but the interests involved were so great, and tho question so doubtful, that tho Government had put the whole matter into the hands of tho AttorneyGeneral, whoso opinion they hoped to have at an early date. For his own part, he thought that they must have some declaratory Act, setting forth the meaning and interpretation of prior Acts. In reply to a further queetion from Mr Bright, The Provincial Solicitor eaid that the legal difficulties to which he roferred would not affect previous purchasers. CIVIL SBSVIOB COMMISSION. In reply to a question from Mr Bright, The Provincial Secretary said that on Tuesday, at the latest, he hoped to be able to lay the report of the Civil Service Commission on the table. peacock's whaef. Mr Tbavees moved—"That tho following plans be laid upon the table of tho Council, viz.—l. A plan ehowing the land leased to Mr J. T. Peacock under the provisions of the Peacock Wharf Ordinanoo, ■Session 8, No. 9, distinguishing by a separate colour the portions reclaimed, and showing the extent of the present jetty. 2. A plan ehowing tho position of Sections 313 and 314, Lyttelton, relatively 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 tho Government, pursuant to the existing negotiations with Messrs Peacock and Co. And also, that a copy of tho lease granted to Mr Peacock, under the provisions of the Peacock Wharf Ordinance, Session 8, No. 9, be laid on tho tublo of tbe Council." Ho moved for tlioje plans, as tho correspondence laid on the table between hia Honour and Messn Peucook and Co. contained nothing to show the actual position and extent of the proporty about to be purchased. He was awaro that, attached to the Wharf Ordinance was a plan of tho land, but it would be rather inconvenient for hon. members to refer to it, and besides it did uotcontain all the particulars he wished to find out. The production of tho plans he wanted would enable the Council to come to a better understanding on the subject of the motion to be brought forward in the course of the ovoniDg by the Provincial Secretary. Mr Jollie seconded the motion, which was carried. The Provincial Secretary laid on tho table tbe plans in queetion. SHEEP-BATING 4MBNDMENT BILL. On the motion of the Provincial Somcitob this Bill was read a first time, and ordered to be printed. FENCING OBDINANCB AMENDMENT BILL. On the motion of the Pbovinciai Somcitob this Bill wa» read a second time, and corn--1 niittal deferrod, to allow time for tbe suggestions of the hon. member for Eaiam (Mr Hall) to be printed. lIEATHCOTE BRIDGES BILL. On the motion'of the Pbovincial Somcitob tlixs Bill was read a second time, conimittea. and, with a slight alteration, reported to tne House. IMPOUTATION OJ? CATTIB. Mr F. W. Delamain moved—" That an address be presented to hie Honour the Superintendent, praying him to cause the P ro< f a r* tion prohibiting the importation of «" tw ""£ the ports of Canterbury, in as far as it rega Great Britain, to be annulled." It ""!»"£ to every one that a change of blood id Uβ terbury was absolutely necessary. ■Jα 0 °\ h> ing out of pleuropneumonia in tu° » b f bouring colonies necessitated the cl«£« ',« our porta against them, but he d.d not see w»7 Great Britain shoald bo included in i aume category. The great *•*» over winch tho cattle would J" 1 w come, and the length of the voyag*. be a eafeguord egainet the daeaae wm

• orted from England, and besides he WlLed that any person sending cattle to New geajand would use great caution in their Be The°PßOvnrciAl< Secbetaby eaid that the Government had decided on issuing such a reclamation, and in a few days it would near It would hardly be necessary to pre*«s an address to his Honour. He hoped the Motion would be withdrawn on receiving mc etlsuraTJCO that the matter would not be be lost l \he motion was withdrawn. PPBCHASE OF PEACOCK'S WHABF. The Provincial Seceetartobtained leave to Tuwtuone the following motion standing ii» hi* mc until Tuesday next:—" Tb.it this Council iTvine had under "its consideration the correspondence laid upon the table between the Erament and Messrs J. T. Peacock and (Z having reference to the proposed purchase nf Aβ Peacock Wharf Property, respectfully Jeaueets that hie Honour the Superintendent «m nlace upon the estimates a sum of money not exceeding £15,500 in Provincial Government debentures at par." . Notices of motion were then given, and the House adjourned till the following day at the j usual hour.