AUCKLAND PROVINCIAL COUNCIL.

Daily Southern Cross, Volume XXII, Issue 2677, 14 February 1866, Page 6

AUCKLAND PROVINCIAL COUNCIL.

TUESDAY, FEBRUARY 13. -were present. 1 petitions. Mr Ball presented * petition from William A iT^SSS> B Siffi li a Petition from Joha fJS«S, wtotadU considerable property during the war, and owing to circumstances over which he had no control was unable to bring his cue before the Compensation Court. .-.•*„ r<l,arl<>i Mr. Crsighton presented a petition from Ouariei J. Roskruge. claiming land grant. Captain FrASEr presented a petition from Margaret Scott and Jeanette Lee, claiming land The petitions were received. AUCKLAND AND DRURY RAILWAY. Mr Williamson brought down Message 17 from his Honor the Superintendent, relative to the construction of the Auckland and Drury Kail way, which ■was ordered to be printed. SALE OF CONFISCATED LAND. The Council went into committee to consider Message No. 10, enclosing filiations for the sale or confiscated lands— Mr. Ball i» the chair. , Mr Williamson proposed an alteration w «»e 15th "clause, by inserting the " previous day " The Commissioner could not attend to tne applications, except on the previous day, for selection of rural land. , Mr ShbehaN said every facility should be afforded. Some applicant might be on his way to Auckland, and conld not be present before the day of sale of land. They ahouid be allowed to apply for land up to the hour of holding the sale. Mr. GrakaM approved of the amendment, as it would facilitate the busiaess and be an lmproveMr Bcckland preferred that the clause should remain as it stood. In Otago when the proposed course was adopted, the time given enabled the Commissioner to put iv a duplicate m order to enhance the value of the land. As short a time as possible should be allowed between the sending in of the application and the success of the applicant. It would prevent any chicanery or double dealing. Mr. Williamson said the alteration was suggested by a gentleman who had a good deal of experience in dealing with waste lands. It was merely to facilitate the disposal of the land. JBitherto the Commissioner had not sufficient time to do more than put his initials to the applications There could be no secrecy or collusion in the matter. y o disadvantage would arise from it to applicants, as they would have ample notice given them of the time of receiving applications. He had no desire fco press the amendment if the Council were opposed Mr. Mvy did not think the amendment would meet the case. All applications should be received previous to that day. He proposed an amendment to that effect, "That all applications should be sent in in writing, and under cover, on the day * previous to ' that day, and not •on and after.' " Mr. Williamson had no objection to accept the amendment proposed. Mr. Sheehan hoped the settlers would receive ample notice of when to come in to purchase. Ths amendment was carried. Mr. Williamson moved an alteration in 32nd clause, by striking out " one shilling an acre," with the view of inserting "according to a scale to be from time to time fixed by the Commissioners." Mr. May proposed an alteration in 24th clause, to the effect that none but applicants should be allowed to bid. Mr. Russell said the hon. member ought to have given notice of such an alteration in the bill, which was passed on last sitting day. It would have been only fair to members who were then present. Mr. May had no objection to postpone the alteration until the third reading. Mr. Williamson hoped the hon. member (Mr. May) would not press such a material alteration without giving notice. Captain Cooper thought such an important matter ought not to be discussed in the absence of members who had voted for it. Mr. Mat had no objection to withdraw his amendment, and give notice. Mr. Williamsons amendment was carried. 'In 33rd clause an amendment was made that the survey should be completed to the satisfaction of the Commissioners, and the plans thereof delivered to him with as little delay as possible for approval. In 34th clause an alteration was proposed, to the effect that in order to the laying out of roads not more than 5 per ci«nt. of land should be taken for such purpose without paying compensation for extra land, to be compensated by arbitration in the usual way. Mr. Bockxand proposed as an amendment, " That such right remain in force five years after selection." Mr. McLuod thought it improper to lay down any limitation at all. Mr. Sheehan said a committee should be appointed to define the limits of roads, and also the time. Mr. Williamson said it was desirable that the Government should retain powers in order to open a new country, and that better lines of road than those laid down should be made. The Government should have power to meet reasonable demands. M. Russell hoped the hon. member for Baglan (Mr. Bnckland) would not press bis amendment. Mr. McLeod thought that the arbitration met the case. Mr. Martin thought the clause deficient, as the question of arbitration did not apply to the 5 per cent. Mr. Swanson said the 5 per cent, was to apply to the whole estate, and if he sold a piece of it the 5 percent, would swallow it up. Mr. Williamson said it referred to the forty acres, and not to small conveyances. Mr. Bttckland said the Government should lay out the roads as soon as possible, and he would press the introduction of the words ho proposed. Mr. Digsan said the Government had a right to claim land for roads at the rate of 5 per cent., and if anything extra was required, the owner would receive compensation after he had made bis selection. It was for future legislation to deal with any difficulties that might be raised. The roads would be i laid out to the benefit of the country. j Mr. KoWB said if the 5 per cent, land was put to arbitration also there would be no necessity for the amendment. The 5 per cent, should be restricted to five years, within -which period the Government should lay out their roads. Captain Fbaser said some limit should be put to the time when the land should be taken. The bill only referred to anything taken over 5 per cent. Mr. K.DSSELL proposed an amendment, to the effect that not more than 5 per cent, be taken by the Government within five years without compensation; but provided that such right be not exercised within five year* from the time the land was put up for sale, then compensation should be given for the whole area taken by the Government. Mr. Buckland and Mr. Williamson accepted the amendment in lien of those proposed by them. The amended clause was agreed to. Mr. Buokland would like to see the last clause expunged, as he wanted the Superintendent alone to be responsible to the House, and not that the Executive shonld stand between his Honor and the Council. Mr, Williamson hoped the hon. member would not press hi* suggestion. He hoped he would at all events give notice, and have the question considered whether the Superintendent should be deprived of the advice of his Executive. The matter was not pressed. The Chairman reported the regulations as amended to the Speaker, and ordered to be transmitted to his Honor the Superintendent, requesting him to concur in the same.

MESSAGES. Mr. Caklwon submitted a message (No. 18) from his Honor the Superintendent, enclosing a comparative statement showing the sums voted for the service of the Provincial Government for the year ending 31st December, 1865 ; the expenditure on account of that period ; the amounts unexpended and the amounts expended in excess of votes ; also a statement of the revenue and expenditure of the provioce of Auckland during the above period. The enclosure was ordered to-be printed, and to be referred to the Audit Committee. Message 19 referred to the Harbour of Auckland, which was ordered to be printed, and to be taken Into consideration, on Thursday next.

PAPBBS. Mr. Oabmtow laid on the table a report on the K«£kawa coal mines ; correspondence between SSSta DaUy «•! the Superintendent, respecting the Brierly Hill special settlement; «"«{<»*"« relative to the increase of thistles j copy of a letter and plan of proposed Market House, in Mr. Hardinefcon's yard.

LAND REGULATIONS. # Mr. Bowk asked, and obtained leave to withdraw the notice of motion standing in Ins name— Jb« the Land Regulations be recommitted witn tne view of making the following addition to clause 15 : _ 'Provided that any general rural land may be made subject to conditions for occupation and improvement thereof, if the Superintendent, with the advice and consent of the Executive Council, shall think fit.'"

COMPENSATION AWARD. On the motion of Mr. Williamson, the Council went into committee to consider his Honors Message ,No 14 respecting the reconsideration of compensation awards-Mr. J. Ball in the chair. Mr Williamson said he would at once state tne course which the Government intended to take with respect to that .natter. He would read the motion he intended to place before the Council, which would at once open up a discussion, if the Council thought a discussion necessary-" That this committee, havinc taken into # consideration the buperiutenlent's Me-sage No 14. relative _to compensation to parties who have suffered from losses .ustained during the war,— resolve that this committee concurs with the Superintendent and reauests that his Honor will proceed to give etiect to his proposal." There was no use now in going into a history of the events which gave rise to the question they were about to consider, as they were fresh in the recollection of every one present. He might merely remind the Council that when that subject was brought under consideration in that . House by the Government then / existing, and acauainted with existing circumstances, it was thought desirahle and expedient that the whole extent of losses should be aicertawed before any p-o-vision were made to relieve the ca.es that might arise From tho very outset the claims or the de, mands which were made and likely to ba made by those settlers, either here or elsewhere, for losses sustained during the unfortunate disturbances, were never regarded in the «U»pe of compensation claims. The demmds made by the Taranaki people were regarded rather in the shape oE relief to the Tarauaki sufferers. Subsequently provision was made for those people in » form to avoid the term compensation at all. It w«s put in this way that money should be given to them to enable them to go buck and take possession of the properties from which they had been driven by the natives, with the view of reinstating themselves there, rather than that a political blunder should be permitted in allowing those people for wanfc of means to remove from the country, and leave an impression on the native mind that they had succeeded in driving them *V»y frqm their habitations. The Government assisted them to take possession of the land from which they had been driven by the native insurgents The same rule that applied to them ifc was thought desirable should apply to the settlements in our districts ; but when the question w raised in the South in last Assembly, the mei*b#rjj who represented the Auckland province there found tb«t fhere was a disposition, rather than to give to those aaWgrs money to enable them to go back to their property when peace was restored, that they nhould receive land in compensation or satisfaction of the demand made The Auckland members considering that that would be, as it were, gjying a stone to a man who asked for bread, and that rather than $hat the question should be lefb to the Assembly to de»l with it, they were quite prepared to take over that question into their own hands, and deal with their own neighbors in a manner that would be more satisfactory to them, and enable them to settle upon their land. Even if a portion of the money were given to them it would be more beneficial to them than that land shonldbe given— than thatthey should be encumbered with land in addition {;o that which they already had, and would not improve or eccjjpy. In that form it had come uuder the notice of tne Council ; it was one of the liabilities attached to those lauded estates they had been dealing with. It had been a subject of great solicitude to the Superintendent and Executives fcohow the money should be provided to meet the demands of those setters. It was chiefly that subject which led his Honor to proceed to the South— to provide the means, so that some arrangement might be made to meet the demands of those parties speedily ; and to put himself and this Council iv a position to do so his Honor had succeeded in obtaiuing the sanction of the General Government, or at least the promise, that application should be made to the Assembly to enable the province of Auckland to put themselves in a position to deal with those questions, and other qu<--tions of compensation thaj? might arise. In order to afford temporal relief, an application was made by the Superintendent to tbeG-eneral Government for anadvauce of the amount to be raised tinder the sanction of thg Loan Act. There was a sum of £100.000 to be placed 4t the disposal of the Superintendent in the shape of debentures. The Superintendent had endeavoured to negotiate that money, and as soon as available he would proceed to give as large an amount of money before any re-investigation should take place as was at hi« disposal, and has he would be justified in giving. With regard to the re-opening of the question for reinvestigation, it was not the intention of the Superintendent or the Government to open up the whole of the cases. Many of them were believed to be based on principles of equity »nd right ; but there were others of them that had been so represented to his Honor as led him to think that it wouid Ige right and proper, standing between the claimants and the public, that a re-investigation of particular cages should take place. The Superintendent had put forward his own views lucidly before the Council, and it was for the Executive to ask the Council to agree to the Superintendent's proposals. The Executive bad no hesitation in doing ao, as they quite agreed with them. The message explained itself so fully, and put the case so clearly that he did not think it necessary to say anything further on the subject ; but if a discussion should arise, he trusted they would be in a position to give the Council any explanation desired. He concluded by moving the resolution he had read. Mr. Pignan seconded the resolution. Mr. Shbehan said the settlers who had sustained losses through the war were entitled to have received compensation after the war ceased, in order that they might be able to settle upon their lands. He did not consider that the Government had dealt fairly with them. The resolution was agreed to and ordered to bo transmitted to the Superintendent. SLAUGHTER-HOUSE ACT, 1866. Mr. Carleton moved the second reading of this bilL ♦ Mr. Russell said he did not think the bill went far enough. He would prevent the slaughtering of diseased cattle in any place for human food— in any yard, paddock, or building. He hoped the Government would take into consideration an amendment to that effect. He knew instances of diseased animals having been killed on farms and the meat disposed of for human food. Mr. Shebhax objeoted to the 7th clause of the Act as being too stringent. The, bill was read a second time. Mr. Cahleton moved, " That the bill be referred to a select committee, consisting of Messes, Hunter, May, Buckland, Newman, Graham, Bain, Russell, and the mover." He observed that although several convictions had taken place, the the police experienced the greatest difficulty in making sudden entry into a house, and that was one of the powers which the Superintendent desired should be given under the Act. Mr. Kowe objected to placing country members on committees, as they did not attend to their duties, and their delay in bringing up reports would prolong the session considerably. The motion was carried. AUCKLAND MUNICIPAL POLICE ACT, 1866. Mr. Cablkton, in moving the second reading of this bill, said it was insufficient for the purpose, and the Government asked the Council to use their endeavours to amend the bill. The bill was read a second time. The Council resolved itself into committee to consider it, and on the first clause being read, progress was reported, and leave given to sit again next day. PETITION REFEREEP TO PBIVATE GBIBVANCE COMMITTEE. Mr. Eowe, in the absence of Mr. Cadman, moved, "That the petition of Richard and Edward Hartnett be referred to the Private Grievance Committee."—Carried. The Council rose at five minutes past six o'clock.

Whilst at Dunkeld her Majesty shook off her despondency. A general order was circulated through the town that the whole of its inhabitants would be admitted within the grounds of the ducal residence to witness the Queen's departure, and at least 3,000 persons responded to the invitation, and loudly cheered her Majesty as she drove through the crowd, attired in a black riding habit, and accompanied by the Princess Helena and the Duchess-Dowagtr of Atholl. She recognised and spoke to one or two of the oldest inhabitants^ whom she remembered.