AUCKLAND G0LDFIELDS PROCLAMATION VALIDATION BILL;

Daily Southern Cross, Volume XXV, Issue 3752, 28 July 1869, Page 5

AUCKLAND GOLDFIELDS PROCLAMATION VALIDATION BILL;

In tliB Legislative Council on July 21, the Hon. Mr. Mantell moved that Mr. Graham be heard by counsel at the bar of the House. — The lion. Mr. Pillett wished to know if the pleading at the bar of the House would so affect the bill as to preclude the House from discussing the bill at a future day. —The Hon. the Speaker said the discussion would be taken on the order for committing the bill. — Counsel wero then called in, Mr. Hart appearing for the pstitioner, and Mr. Whitaker for the Piovincial Government of Auckland. — Mr. Hart laid the case of the petitioner before the House in a detailed manner ; but th« facts of the cass runy bo briefly summarised. Mr. Graham some time ago made specific agreements with natives whereby he leased certain portions of lands, with the ri^ht to mine thereon exclusively, and for which he a«reed to pay a certain rent diieot to the natives, Within these leases of laud are the townships of Graham's Town audTaiaru. Mr. Grabam vary lately became apprised that the AucklaudGoldfields Proclamation Validation Bill \rai under the consideration of the Assembly, and thinking, from the title and purport of the bill, that it was likely to seriously and injuriously affect his personal interests, he therefore mstuicted Mr. Hart to watch his interests in the matter. Mr. Bart regtetted the unavoidable state of unprtparedueas in which he unexpectedly found himself with the c«se, owing to the absence of Mr. Gruh&tn in Auckland, who had not had sufficient time to be present, and also to the absence of impoit.mt wituesses, who resided in Graham's Town, and who, it is very probable, would have no irclination to act as witnesses, unless summoned by some authoiity biicb as the House itself. But in whate\er way the Council should choose to deal with the matter, he should suggest that such alterations be made in the bill as would prevent the measure destrojiug the interests of his client m those leases, interests which the bill in its present chape completely sot aside. In justice to his client, he thought some verbal alterations should be made in the bill, and suggested the introduction of a new clause, which he read to the House. — After some discussion as to the judiciousness of posbponiug further consideration of the case until the arrival of the wituesses for the petitioner, it was decided to first hear Mr. Whitaker on behalf ot the Superintendent of Auckland, acting under delegated powers from the Governor. — Mr. Whitaker could not see that there was much to dispute about ; nor that the bill in any way affeoted individual rights. If Mr. Graham's agreements with the natives were good before the passage of this bill, they would be equally bo afterwards. And should any legal difficulties arise afterwards, the Supreme Court would be the proper place to seek rediess. He objected to the House making thejalfcerations in the bill proposed by Mr. Harb, for he cousideied that those verbal emendations, and the ins-rtion of the additional clause proposed, would vntually make good and valid thai: which previously had no validity, nor could possibly have validity. There were several reasons why Mr, Graham's agreements with the natives were not of a valid character. The leases iv ere entered into posterior to this very land in di9pute being proclaimed a goldfield, and thereby made subject to the operation of the Goldfields Act. Besides tbi*, he reminded members of the old English statute law relating to the purchase or leasing of lands from the Crown, and the weil«knowa Royal reservation of metals, for the legitimate working of which leave could afterwards be granted. And to show that the English law applied throughout the British Empire, the learned oounsel reminded hou. members that the highest legal authorities, both in Viotoria and New South Wales, had reoently luled that all mineral wealth beneath the surface of all her Majesty's dominions, whether pm chased or other* wise, was Royal prerogative; and therefore that even if Mr, Graham had leased tho3e lands prior to the issuing of those proclamations, he could have no legal right to enter into euch an agreement with the natives as would be likely to be affected by this bill. But the course he wished the Government to pursue was to leave the case as it stood, and, if aDy wrong were deemed to have b^en inflicted by an act of legislation, to let the Supreme Court be the tribunal to appeal to settle this question of individual interest. It was a case of the gravest importance that the right* and interests of a community numbering some 20,000 or 25,000 persons, possessing property of a most valuable description, in the shape of claims, valued in some instances at £200,000, should not be thoughtlessly and rashly disturbed and thrown into a htate of anarchy, by which the only law would be the law of might. — Mr, Harfc having replied, counsel were requested to retire. — The Hon. the Colonial Secretary moved that the bill be considered presently, whioh wns agreed to. — The Hou. the Speaker announced the receipt from the other House of the Medical Practitioners Aor, with amendments recommended for the consideration of the Council . — On the motion of the Colonial Secretary, consideration was postponed i until Friday next.

New Style op Drawing-Boom Charade.— A novel plan of drawing-room charades is thuß described by » correspondent :— The curtain of the back draw-ing-room was drawn aside, and we were rather surprised to sea nothing but a wooden rocking-horse on the temporary stage. We Were told to guess an island n the Greek Arohipelago, After some demur, one individual brighter than the restexolaimed " Delos — deal horse." Right ; th<* curtain fell, and af ler a pause rose again, displaying to the astonished lookers on the very ideutioal, irrepressible rocking-horse, with hia head in the contrary direotioD. We were told to guess another island in the Greek Arohipelago There was a dead silence, Some one vainly suggested " Chios," mispronounced shy horse/ but thab would not do, for the dead horse was aa steady as old Time. At length a small boy, late from school, exclaimed ' ' Samos,"*nd it was the same hwse* Theourtain fell amidst roars ofllaughter. Th» next scene was a portly gentleman of middle age, who was met by a young girl, who said: "Doctor, I am glad to meet you" A word of five syllable?. Give it up. " Metaphyai ciau— met * physician." The curfcaiu fell, and was again drawn up—only to exhibit the same portly gentleman and the girl meetiug again. A word of thrte «yil»bl««. •* Metaphor—met afore" was the 1 notation.