LEGISLATIVE COUNCIL.

Daily Southern Cross, Volume XXII, Issue 2867, 3 October 1866, Page 5

LEGISLATIVE COUNCIL.

THURSDAY, SEPTEMBER 13. Thb Speaker took the chair at 2 o'clock. MESSAGE. Thb Speaker announced that his Excellency had given assent to several bills, viz. : — The Arms Act Continuance, Supreme Court Judges Act Amendment, Military Pensions, Crown ..Debts, District Courts Jurisdiction Extension, Indictable Offences Trials, Trade Marks, Vagranta, Indemnity, Summary Procedure on Bills Act Amendment, Sale of Poisons, and Newcastle Crown Grants Validation. The Provincial Compulsory Land Taking Act was reserved for the assent of her Majesty. The report of the conference on the Protection of Certain Animala Bill was adopted. SUPREME COURT ACT (1860) AMENDMENT BILL. The amendments made by the Lower House in this bill were agreed to. SUPREME COURTS AND BEGISTRATION OFFICES BILL. This bill was read a second time. IN COMMITTEE. The Counoil then went into committee, and considered several bills.

FRIDAY, SEPTEMBER 14. The Speaker took the chair at 2 o'clock. REPORT. The Hon. Mr. Domett brought up the report of the Committee on the Nelson Waste Lands Bill. The report was received. STANDING RULES AND ORDERS. The Hon; Major Richardson, C.8., Moved, "That the second report of the Select Committee on .the Standing Rules and Orders of the Council be adopted." — Carried. / , THIRD READINGS. Tha following bills were read a third time:—e :—:—: — Otago Waste Lands, Affirmation in Lieu of Oaths in Criminal Proceedings, Lunatics Ordinance Amendment, Supreme Courts and Registration Offices, Law Practitioners Amendment, Adulteration of Food. SECOND READINGS. The Marine Board and Naturalization .Bills ware read a second time, and after some further business the Council adjourned.

TUESDAY, SEPTEMBER 18. The Speaker took the chair at 2 o'clock. The report of the Joint Committee on Waste Land Bills was brought up, as also the report of the committee on the Gold Fields Acts. Several returns and papers were laid on the table. private business. The following bills were read a second time:—e :—:—: — Presbyterian Church of Otago Lands, and Otago Southern Trunk Railway Bills. CROWN GRANTS. The Hon. Mr. Mantell asked the Government, "What means are placed at the disposal of her Majesty's representative- whereby hw,<Excelleney may be enabled to cause a record to be kept of grants signed by the Governor ? Whether in the opinion of*< the Government these means are sufficient to render it impossible that the Goverfforshoultf -be~iiable to sign a Crown grant in error ?" The Hon. Mr. Johnston replied that a record of every grant issued was kept in the Crown Lands Office, and that it was certainly possible f6r the Governor to sign a grant in error. The Hon. Mr. Mantbll also asked the Government the following questions as to the signature of Crown grants by the Governor in Council, viz. :—: — "1. Whether, in cases wherein the Governor in Council may have taken previous action with reference to any lands proposed to be granted in Council, it is or is not the invariable practice prior to the signing of the grant to call his Excellency's attention to the fact of such action in Council having taken place. "2. Whether it is the practice in such cases to advise the Governor by Order in Council to rescind such previous order, prior to the signature in Council of a grant, transferring to new or other claimants lands the ownership of which may, by such previous action, have been recognised by his Excellency in Counoil as vesting in other parties. "3. Whether, in Tsuch a case, it is the practice before the execution in Council of such a grant to inform the parties liable to prejudice by such intended grant of such intention, and to give to them any, and, if any, what means of being heard in defence of their claims, _ — "4. ~Whlitner7Tn any case in which from inadvertence or any other cause a grant may have been signed by the Governor in Council, without the observance .of the precautions above indicated, it is or is not competent to his Excellency in Council to suspend the issue of such grant, or, upon a more mature consideration of the case, to cancel it." The Hon. J. Johnston replied that it was impossible to say what had been the invariable practice, as Ministries changed so frequently. The hon. member, having been in three Ministries, "was more likely to be an authority on the practice. As to the fourth question, it was a purely legal one. The Hon. Mr. Mantell moved that the replies to his questions be taken down and entered on the records of the Council, as they had been so eminently satisfactory. The Hon. J. Johsston said that he would not oppose the motion, as the replies were thought satisfactory. 'The Hon. Mr. Mantell said that the answers ■were extremely vague, and that the Government had a legal adviser whom they might have consulted. The Hon. Mr. DoMKTr said that the Hon. Mr. Mantell would have done better to have put questions that were less vague and general, and that referred to some particular case. * The motion was passed. WELLINGTON TOWN ACRES, THORNDON. The Hon. Mr. Mantell moved, "That there be laid upon the table all copies of all correspondence, minutes, and tracings, relative to a portion of town acres 542 and 543, Wellington, which were first in 1846 (as shown by the Registers of the given by one of those deeds known as 'Colonel McCleverty's Deeds,' to Porotu and family, and afterwards (1850 or 1851) givefl~bs; Crown^rant to George Moore, Esq., of Wellington. Also, *for information as to the causes of xhHs transaction^ and as to the course by which the Government has arranged and proposed to arrange the matter." On the question being put, the resolution was agreed to. MARINE BOARD OFFICERS. The Hon. Mr. Menztes, after a few; remarks, moved, "That it is expedient that this Council should be informed whether the Government proposes to recognise the services of those gentlemen who have been members of the Marine Board, under the Marine Board Act, 1863, and who, when accepting such appointment, relinquished other occupations, with a reasonable hope that their appointment to the Marine Board would be of a permanent nature, and the injury they sustain by the dissolution of the Board ; and whether it proposes to recompense them suitably." The Hon. Mr. Johnston said that it was proposed to give the officers three months' salaries after their dismissal, and that they had already had ample notice. After an irregular discussion the Council divided. : — Ayes, 7; noes, 11. The resolution was therefore negatived. JUSTICES OF THE PEACE PROJECTION BILL. On the motion of the Hon. the Attorney-Gife-ral, the following bill was read a first time : — "A Bill to protect Justices of the Peace from vexatious actions for acts done by them in execution of their office." "* 1 • BILLS PASSEB. The following bills were read a third time and passed : — Otago Waste Lands and Marine Board Bills. CROWN LANDS SALES EXTORTION PREVENTION BILL. On the question for the third reading, The Hon. J. Johnston said that he thought the bill should not be passed in its present state. He thought the only way to prevent extortion in this case would be to make the person paying the extortioner equally liable to be called to account. After some discussion the bill was read a third time and passed. , % J Other bills were advanced a stage, after which, the Council adjourned. ,

WEDNESDAY, SEPTEMBER 19. The Speaker took the chair at 2 o'clock. POSTPONEMENT. la consequence of the absence of the Hon. Mr, Johnston, several notices of motion were postponed. LEAVE OF ABSENCE. Leave of absence for the remainder of the sessions was granted to the Hon. Major Coote. SUPREME COORT AND REGISTRATION OF OFFICES (FEES) BILL. This bill was read a third time and passed. IN COMMITTEE. The House went into committee on the Orown Grants and Gold Fields Bill*, both of which were advanced a stage. i The Council then adjourned,'

THURSDAY, SEPTEMBER 20. The Speaker took the chair at 2 o'clook. DUNBDIH UESERVBS AITD CHUBOH KATIES. On the motion of the Hon. Mr. Mantell the following returni were ordered :— " Copies of grants by the Gorernor in Connoil (dated on about 23th June, 1858) conveying to the Superintendent of Ofcago, in trust for various purposes, the following portion of the water-frontage, Dunedin, originally sub-divided into town sections, but afterwards said to have been reserved for wharves and quays, viz.: — Two roods twenty-five poles as a site for » Presbyterian Church and school-house ; three roods, thirty-three poles, as a lite for public offices ; one rood twenty poles> as a site for public stores ; one acre one rood nine poles, as a site for a public gaol ; and two roods thirty-nine poles, as a site for a manse ; — and of all correspondence relative to the issue of such grants, or to the refusal to issue grants for other reserves. Papers and correspondence dated July and August, 1861, relative to the Duriedin Church Lands Ordinance, Session XII., No 53. Otago. Also, copies of the following letters from the Commissioner of Crown Lands, Otago, to the Colonial Secretary, with enclosures : — 1. 13th December, 1854, No. 184^ on the distribution of proceeds of land sales within the Otago block. 2. 16th December, 1854, No. 189, on native reserves." COMPENSATION COUBT, NEW PLYMOUTH. On the motion of the Hon: Mr. Mantell, it was ordered, " That the papers and maps relating to the sittings of the Compensation Court at New Plymouth and the settlement out of Court of claims, be printed." LEAVE OF ABSENCE. The Hon. Mr. Lee moved for leave of absence to the Hon. Mr. Handon for the remainder of the session. After a little conversation, the motion was withdrawn. INT COMMITTEE. The Council then went into committee on the Crown Grants and Goldfieldi Bills, after which it adjourned.

FRIDAY, SEPTEMBER 21. The Speaker took the chair at 2 o'clock. CROWN OK ANTS BILL. This bill was read a third time and passed. BONDED WAREHOUSES DUTY BILL. The Hon., Mr. Johnston, in moring the second reading of this bill, remarked that the Government had been induced to bring in the bill in consequence of the large expenditure that was incurred in the payment of warehousemen, clerks, lockers, &c. This expenditure amounted to something like £4,750 ; and the amount of duty which the bill would impose was supposed to lecoup that sum. in commutes. The Gold "Fields Bill was re-committed and advanced a stage.