Provincial Council.

Hawke's Bay Herald, Volume 3, Issue 131, 24 March 1860, Page 2

Provincial Council.

FRIDAY, MARCH 16. The Council met pursuant to adjournment. Present, — The Speaker and 8 members. Native Land Pnrciiases. Mr. Riddeli, pursuant to notice, asked His Honor the Superintendent whether the expenses attending the purchase of land from the natives, are chargeable against the revenue of this province ; and, if so, to ask how much land has been acquired since the appointment of a District Commissioner, either by that gentleman personally or through his superior officer ; and whether the Superintendent has not, by virtue of his office, a rrg&t to recommend to his Excellency the appointment -of an officer more capable of fulfilling the duties required of him than the gentleman now holding that appointment, if it shall appear to the Superintendent that he, either by wilful neglect or incapacity, does not efficiently- exercise the duties of his office. Mr. FitzGeeaxd could not help feeling sorry at seeing this notice on the paper ; because its being there argued great ignorance of the relative positions and powers of the General and Provincial Governments. He spoke with great respect of the gentleman who had brought it forward, and of his motives in so doing. But surely, at this time of day, when the constitution under which they lived was so well known, those who accepted the position of representatives of constituencies should know what provincial powers were, and how far they extended. Such a notice as this wassimply calculated to make the province look ridiculous. He had thought it known to every one that the Superintendent had no power over the Land Purchase Department. It was one of those departments which, of all others; was "beyond provincial control ; it was even beyond that of' the General Assembly — having been, on the induction of responsible government, retained in the hands of the Governor. The first part of thequestion could be readily answered ; all expenses . of the department within the province were a charge upon its revenues. The share of the then Province of Wellington in the £180,000 appropriated out of the million loan for land purchases, was £54,000. This sum was borrowed for thirty years, to be paid off with interest at the rate of 6 per cent, per annum, which was debited to tha respective provinces. In Hawke's Bay about £24,000 had been already — nearly all to which it was entitled. With respect to the quantity of land acquired, he did not possess the information. He did not doubt, however, that he could have obtained it had the question been worded differently ; but in th c face of such a notice he could not ask the District Commissionerto furnish it. Scab Act and Sheep Act. Mr. Tuckeb, pursuant to notice, moved for the appointment of a committee to enquire into the Scab Act and to frame a Sheep Act. Such committee to consist of Messrs. Colenso, Ormond, Riddell, Curling, and the mover. He said that he need not take up the time of the council with enumerating the reasons which induced him to apply for this committee ; for the necessity of some Act of the kind was patent toall. Motion agreed to. Report of Land Regulations. On the motion of Mr. Ormond the council went into committee upon the report of the select committee appointed to enquire into the land regulations. On the first clause (recommending that a lease be substituted for a license), — Mr. Ojimond said that this clause would meet the universal complaint of want of security of tenure. It would have the effect of causing improvements to be made throughout the country — of giving large employment to labour — of greatly increasing the exports of the province. It would tend to the general benefit of all. Mr. Colenso regretted much that the subject had been taken in. committee before being discussed in council upon its broad principle — before its having first been decided whether the report, as a whole, was suitable or not. Regarding the Ist clause, much could be said both tor and against. He would join in the arguments in favour of a lease, but certainly not such a lease. But here he at once met with a difficulty ; for how could he speak to the nature of the lease without travelling from the first clause. He would move that the chairman do report progress, in order that the report as a whole might be debated in council. Mr. 3Titz Gerald supported the motion, which was agreed to, and the Speaker resumed the chair. Mr. Ormond moved, and Mr. Riddell seconded, the adoption of the report. Mr. CoiENSO, after some preliminary observations, said that there was one question he would like answered at the outset, — Were the old regjpi: lations intended to be wholly and entirely repealed,

was it intended to tact these on to them. He had come prepared to speak on the matter ; and he hoped for the indulgence and patience of the council ; the subject being such a very important one. He should take the clauses as they lay before him, and remark on each. In clause 1 a lease was to be substituted for a license ; now much might be said no doubt in favor of a lease, and he believed that, while it was an open question, it might be so managed as to be pretty fair to both parties — but certainly not as it was now proposed in these regulations. A lease, to lock up the land from the settlers for such a tei'm of years, and to keep it for the runholders on such conditions, he ■would never consent to. In clause 2 fourteen years were specified as the term for which the lease was to be given — but it was not stated when such lease was to commence. Was it to commence from the present, or nest year ; or from the first entering on the run ? If the latter then it would amount (in some cases) to a 21 years occupancy. Again: only non-agricultural land was spoken of in this clause (2) as to be leased ; yet in clause 4 agricultural land was evidently included ; and they all well knew that it was impossible to find such a run as did not include within its boundaries agricultural land. In clause 3, two classes or descriptions of runs were spoken of, but these it was very evident, (in order to be just,) were not enough : he might adduce some parts of the Mohaka block, for instance ; with others, high and broken, lying about the snowy ranges. In fact, such injustice was clearly shewn in the price or rent proposed to be paid by each class. Such shewed, too, that these regulations were crudely concocted, and based on no fair, no regular system. Now the increase of the Ist class (comprising no doubt the large majority of the five who formed the select committee and who had brought up those regulations,) was, from l§d. for the first 7 years, to 3d. for the second 7 years, or exactly so mucn again — being in the ratio of 12 to 6 : while the increase of the poor devils in the 2nd class, was from £ d. to 2d., being very nearly double, or as 8 to 3; clearly shewing, ( if the rental was correct on class 2,) that, either class 1 is not raised enough for the second 7 years, — or, that the poorer land of class 2 is worth more after a 7 years occupancy than class 1. He left it to them te choosu which horn of the dilemma they pleased — but such was the sure effect of going unsystematically to work. — Then with reference to the 4th clause, he saw, with astonishment, that the same rent was to be paid for the best agricultural land as for the worst non-agricultural land ; that no time was specified to which the purchase of the .same was to be limited ; it might be in the 12th or 14th year of the lease — and uo purchase-money of the good land mentioned. Then there was, (as be took it) an artfully constructed phrase — agricultural laud was spoken of as being " contained within the bounds of a run over which a- lease is granted," and yet apparently not leased ; but he felt very sure that such would be found to be fast -enough locked up, once leased within such boundaries, and under the operation of the present unfair Fencing Act. Then with, regard to clause 5, which spoke" of the classification of runs to be made by a board, which board was described in clause 10. Now much might be said both for and against a board. That the Commissioner of Crown Lauds should be a member of the same ex officio was good, provided he were not a runholder. But what were the two others to be ? From he knew of boards and of colonial work, unpaid persons were not to be depended on, such a scheme would not be found to work well ; paid ones would require a heavy salary, as it was clear enough that runholders would not do for such an office — as such would be hearing and deciding on their own interests and that of their friends and class. He also further saw two important sentences in clause 10 ; two highly dangerous ones if such were to be left to a board of runholders — viz., that " such were to decide in all cases of application for the purchase of land ;" and also "in other important matters connected with the Land Department." Again, with reference to clause 6, he saw that the runholder was to be further favoured with a pre-emptive right of purchase over such lands as he might improve, at 10s. per acre, and that such improvement was to be "fencing and sowing with English grasses." Now 10s. per acre purchase-money if made in the 10th year of the lease was barely equivalent to ss. per acre paid down now ; and as it was more likely that such purchase of improvements would not be made till the last or 14th year, the Province by such would be a heavy loser ; not to mention the present raised and rising value of all lands, and the certainty of lands being worth very much more 14 years hence. Then, as to clause 7, which provided that all lands so leased and not so improved, should revert to the Crown j he, for one, should very much like to find such to be the case ; but he feit quite sure that he should be told *' Don't you wish you may get it ?" As not a solitary instance could be hoped for — unless in some very peculiar case of utter drunkenness, carelessness, or spendthriftism, which was most unlikely. He now came to a most peculiar clause — 11 — which was one of the strange features of the report : the Government was recommended to locate the working classes in particular districts — in other words, keep them as far away as possible from our runs. The Government was to be " authorised to purchase." This, without explanation, was a strange sentence. To purchase from whom? Where? Blocks of from 1500 to 2000 acres of land to be divided into smali farms of 40 to 100 acres : such, of course, to be without commonage. Now this land the settlers were to have a right of purchasing during 10 years, at 10s. an acre, but, in order to have such a right kept open, they were to pay interest of 10 per cent. — and this 10 per cent., mark, was on its value (which might be declared by such a board, to be he knew not what). Now what would the public think of this ? Was it not clear that such settlers — mark, honafide settlers — were infinitely worse off than the favored class ? Here, on the one hand, 10 years was the limit to the settler in which he could make his purchase ; there, on the other, 14 years was the term. Here, the settler had to pay 10 per cent, interest — there, the runholders had *i per cent, to pay ; as 10 per cent, to him should be 128. per acre at the end of his longer term. Here, the settler had to pay at least Ib. per year as rent per acre ; there, the runholder had to pay

at most from l£d. to 3d. And this was called, justice. In clause 8, the present holders of licenses were to be allowed to exchange them for leases on those terms ; to which he strongly and emphatically said, No. The select committee of five, who drew up those regulations, were all save one, composed of runholders ; and that one, he believed, did not sit in committee with them — the runholders were therefore making rules for themselves and their own peculiar class interests, and were consequently unfitted to perform such an office. In clause 9 he read a curious sentence — that the Commissioner of Crown Lands had the power of deciding to " what rule and law land and its qualities were subject." He, however, denied it : the Commissioner had no such power. There might be difference of opinion — but as to rule or law there wa3 but one. He (Mr. C.) would not detain them much longer. He would not!.'go over the 'considerations' by the committee — such as letting the Crown lands — right of purchase — classification — deferred payments, &c. — having already touched on them all. He had, and he would, with all his might, conscientiously and zealously oppose these regulations, as he believed they were injurious to the best interests ofethe province. Hawke's Bay, Sir, seems to be doomed to suffer more or leas of pillage and spoliation. First, there was the precious New Zealand Land Company's scrip, which took away maDy of her fair acres — then there was the wholesale pillaging by the Wellington Government. Again, we have the ugly Wellington loan looming and threatening in the distance. Then there is the socalled Remission Tickets — and now, to sum up the total, we have the squatters with their precious Land Eegulations. Pass such, Sir, and Hawke's Bay Province is gone! Pass such, Sir, and then write — Sic transit Gloria Napieri ! Mr. Curling- said that, in the long speech which the member for Napier had inflicted on the council, it had been said that class interests were at the bottom of this report, but he (Mr. Cm-ling) contended that these regulations, by fostering the chief production of the province, would confer a benefit upon all classes of the community. All were alike interested in the prosperity of the country; all would alike feel any depression which might come over it. The member for Napier had a great idea that the wool grower was to derive advantage from these regulations, and the townspeople none; but so far as he (Mr. Curling) understood, their interests were inseparable. Before the sheep farmer came, what was the export of the colony — a few potatoes and grain, with a very uncertain market ? And what else had the country to look forward to but its wool ? If the member for Napier could shew otherwise, he would certainly be entitled to the consideration of the public. But not only was wool the staple export now, but would be for many years to come ; and surely those by whom it had been produced under circumstances of great difficulty, should receive some consideration at the bauds of the public.

Mr. Txtceee said that, as one of the members of the committee by which the report was framed, he felt bound to make a few remarks. He would first advert to a mistake made by the member for Ifapier in referring to the fourth clause of the report. That member had said that agricultural land would be cooped upon within the lease ; but he (Mr. Tucker) begged to say that it was uot the intention of the trainers of the report that any agricultural land should be locked up from purchase. Although a committee might agree generally with the tenor of a report, it was not to be expected that the individual members of it would be unauimous upon every item; and he would take this opportunity of suggesting one or two things which he thought necessary to the equitable operation of the proposed regulations. Some time since, at a meeting held in the district of which he was one of the representatives, he had expressed certain opinions upon this important subject. These had to a considerable extent been embodied in the report; which, after mature consideration, and taken as a whole, he believed would tend to benefit the pastoral interests and the province generally. For certain he was that one class could not prosper, and another be left behind; the interests of all were wrapt together. It had been said that there was a predominance of one class in the select committee, bat surely because of that it would not be inferred that all the rest of the community were to be outraged in this matter. The runs, it was well known, had been applied for by individuals under certain regulations, from which, in point of fact, the government could not deviate without a breach of faith, unless by the consent of the runholder. The operation of these regulations had generally been admitted to be for the benefit of all ; but the question had been raised whether new rules could not be framed which would give greater advantages to the public, and yet be of such a tempting nature as to induce the runholder to accept them. He might now be permitted to give his idea of what would answer this purpose, as expressed by him some months ago at a meeting held at Waipukurau. He then proposed that present and future runholders should have the option of holding their runs on either of the following conditions : — Under the regulations at present in force. Or, to hold the non-agricultural land under a fourteen years' lease, at the rate of 2d. per acre without any purchasing clause ; at the expiration of the lease the land to be dealt with as the government deems fit. Or, to hold the non-agricultural land under a fourteen years' lease at 2cl. per acre, with the right of purchasing the whole, or any portion, during the currency, or at the expiration of the lease, at 10s. per acre. Or, to hold the non- agricultural land under a fourteen years' lease at 6d. per acre, with the right of purchasing the whole or any portion during the currency, or at the expiration of the lease at ss. per acre. And he had, at the same time, suggested that in the event of the lands, (whether agricultural or non-«gricultural,) held under license from, the Crown, being purchased by other than the holder, he should be entitled to claim the value of any improvements on the land— the value to be assessed by a land board. He had seen no reason to alter his views on this subject; ; but as the proposed regulations embodied the principle for which he contended— that if a lease was granted at a low rental, with a purchasing clause, the price of the land should be raised to ten shillings — he would support the report, as brought tip. With reference to the objection taken by the mem-

ber for Napier to the scale of rents named in clause 3, he (Mr. Tucker) admitted that the relative increase of rent for the two classes seemed disproportionate ; but this was explained by the considation that those second class lands would, for the first few years, be very unprofitable — worth, in fact, next to nothing. It was considered that, for this class, the smallest possible rent would suffice for the first term ; but tkat, the holder having thus got a good start, a decided improvement would be exhibited during the second term, and a larger increase of rent, in proportion to that to be paid by the fir3t class runholder, be justly demanded. He would conclude with one or two suggestions, which he should like to see embodied in the proposed regulations. — That all loans should be open for sale for three months before the issue of a lease. That leases given to present license holders should be for the unexpired period of the license only, and that rent should be paid at the same rates as if the lease had the original date of the license. That in the event of agricultural lands held under license from the crown being sold, the licensed occupier be entitled to claim the value of any improvements — such value to be assessed by the land board.

Mr. FitzG-jskald said that, having for a long time given attention to the subject of the disposal and letting of the waste lands, and having on more occasions than one expressed his opinion upon this important subject — once, in particular, in this very room — he could only fay that he still held those opinions. It had been objected lo by his colleague (Mr. Colenso,) that this report had been got up by members of one class. No doubt the committee comprised a majority of runholders, but this could scarcely be avoided as the council was at present constituted. He must say that he coincided generally with the report, although not, perhaps, in all its details ; and, not being a runholder himself, or connected with the pursuit, he might fairly be assumed to be impartial. He had at heart the interests of the agriculturalists quite as much as those of the sheep farmer ; but, from conviction, lie believed the regulations embodied in the report to be well suited to the requirements of the province. A great deal of misconoejation prevailed with regard to the merits of this question. That it was right and proper to issue licenses to the runholder in the first instance, no one would be found to deny. It had been done in every other colony, and the system had invariably conduced to the increase of population, and to the general development of the resources of the country. Had this not been done in the case of New South Wales, it would never have arrived at its present position — it would not, but for the squat • ting system, have had one eighth of its present population. And in New Zealand, the fruits of the original regulations were to be seen every day in almost every province — wool forming the main staple of most of them. In a financial point of view he felt much dissatisfied with the present system. He saw large tracts ' of country only 3'ielding a nominal rent — scarcely worth, in fact, the trouble of collecting ; whereas, under the proposed regulations, there was the certainty of a considerable return — probably four or five thousand pounds during the first term, with the prospect of a considerable increase during the second. Under the present system, on the other hand, not £1000 was received. He did not think that, should these regulations become law, any great difference in the amount realised from land sales would result ; a great deal of back land included in the leases was land that would not sell for many years. His colleague (Mr. C.) seemed to have forgotten in his remarks that no right of purchase was proposed to be given, save over such portions as might be improved. Such right of purchase was, he would submit, reasonable and fair ; for if the runholder had no such protection, he would have no inducement to expend money or to employ labour. His whole object, on the contrary, would be to get as much as he could out of his run without spending more upon it than he could possibly help. He (Mr. F.) would now offer a few remarks in reply to what had fallen from his colleague (Mr. C.) With reference to the question with which he (Mr. C.) opened his speech, he would answer that the old regulations, so far as related to the purchase of lands, would remain as they were. The regulations of 1553 would remain unaltered ; and those now proposed would be supplementary to the additional regulations of Wellington. The new clauses could be acted upon or not at the option of those already licensed under the old system. His colleague bad admitted that a fair system of leasing would be better for all. The proposed system he (Mr. EitzGrerald) contended was a fair one to both parties ; while, at the expiration of the term, a valuable property would revert to the province, which it could sell or lease again as it thought fit. A small portion only of the original estate would by that time have been alienated ; for the improvements could not be so extensive, as to render the extent of pirrchases very great. His colleague, in referring to the constitution of the select committee, had said that four were runholders and that the fifth did not sit. The fifth, being himself, he begged to say that he did sit, and had given the subject serious consideration — agreeing in general with the report, although not altogether approving of some of its details. The question as to when the leases would commence had been left for further discussion in council. He had understood his colleague to say that agricultural land within the boundaries of a run would be included in the lease ; but such lands would be carefully excluded — nothing Wing intended to be leased but ss. land. His only tear with regard to these regulations was that they would not be taken advantage of by the license-holder. He feared they would be disposed to say — "No, we bold under a license, and have now power to buy ss. land j if we once accept a lease we lose that right." And another difficulty to be considered by them would be this : the runs would have to be re-surveyed, with the view of carefully excluding the agricultural land ; would some not fear, under such circumstances, that they would lose all the bssfc parts of their runs, as the whole of the ten shilling land would then be clearly ascertained and shewn. Then there would be the difficulty to look forward to of purchasing the non agricultural land at the termination of the lease. So that his (Mr. FitzGerald's) fear was that the new regulations, said to be bo advantageous to the

runholder, would not be sufficiently taken advantage of by him, and that the revenue derivable from this source would not be so very much increased as he would wish. The rents named in. clause 3 had been objected to as not, with regard to first and second class runs, bearing a proper relation to each other. This had been sufficiently answered by the member for Waipukurau (Mr. Tucker). From what he (Mr. FitzQ-erald) had seen of the rough runs at Mohaka and elsewhere, he doubted much if, even at three farthings for the first term, and twopence for the second, the holder of a license would exchange it for a lease. And to attempt to improve such lands would be to sink a fortune — far more, at all events, than would ever be got out of them again. Some of these lands he did not believe to be worth oneeighth of a penny per acre. Mtich had been said of the land being locked up, and he, for one, would not consent to such being the case. But it would not be so. All the agricultural, or ten shilling, land would be open as hitherto ; and the lands to be to be leased would be those that were fit for nothing else than grazing purposes. He believed that no injustice whatever would be done to new-comers or the public. At Canterbury and Otago, the lands had been shut up much more effectually than was proposed to be done here. Everything, even to the agricultural portions of the runs, were secured by lea3e. Yet both were large growers of agricultural produce, and thex-e was no lack of laud for that purpose. With regard to the board consisting of paid commissioners, it could not well be otherwise. No unpaid officers would be found to travel over hundreds of miles of country every month. As to its members not being runholders, he thought the board should represent both classes. If it were to be composed solely of townspeople, the runholder, on the other hand, would aurely have good ground of complaint. He believed that such a board, with some broad principle laid down for their guidance, would give very general satisfaction. As to the 11th clause, under which the government was authorised to purchase blocks for agricultural purposes, to be sold on the principle of deferred payment, he might say that this was necessary in order to comply with the " Waste Lands Act, 1858." The government would buy and pay for a suitable block, say 2,000 acres, and get a receipt for the money, say £1000. Fourfifths of this amount wouldbeimmediatelyreturned " to the Provincial Treasury, leaving the actual outlay only £200. This course could be followed under the present regulations, and might be pursued immediately. All were agreed, he thought, as to the usefulness and necessity of having centres of population in different parts of the province ; and he had no doubt of the success of such settlements if land of good quality and in a good situation was procured for the purpose. It had been often said that a family could not exist upon 40 acres, but he thought this was answered by a reference to the Hutt, where large families made a living out of 10 acres highly cultivated. He thought that 40 acres, highly cultivated, would be quite sufficient for the support of a family of the poorer class. A good deal had been said about the ten per cent, interest to be charged the small holder upon the value of his land. The clause was not very carefully worded, but few could misunderstand it unless they did so wilfully. It was simply one shilling per acre per annum of interest, or 40s. upon the whole holding, with a right of purchase at the end of ten years, at £20. Surely these terms did not involve any great hardship ; and the case of the small holder, it should not be forgotten, was different from that of the leaseholder, who had no right of purchase over the land he improved, whereas the farmer had a right of pre-emption over the whole lot. he occupied. About the remission money, to which allusion had been made, it was the law, and a thing they could not avoid. It was part of the old regulations, and had again been embodied in the Waste Lands Act, 1858. It was certainly thought by some very hard to have to give £600 worth of land to a genleman who had been in the army, but it was one of those cases in which they had no alternative but submission. It was considered by the government that military gentlemen formed a valuable class settlers, and that peculiar advantages should be offered them.

The council the went into committee upon the report. Clauses one or two were passed without much discussion. The question as to the time the leases should begin was ultimately decided by the introduction, of the words " from the date these regulations may become law " being inserted after the words "fourteen years" in the second clause.

To clause 3 Mr. CoLEisso moved as an amendment that the rent be, for first class runs, 2d. for the first term of 7 years, and sd. for the second ; for second class runs, jd. for the first term and 3d. for the second. He said that if this matter was to be decided on principles of stern impartial justice, there could be r.o dispute as to his amendment. If it were doubted that the runs were really worth so much let other tests be applied — say, for instance, that they be put up to auction, and let it be seen whether they would not fetch 4d. and 6d.

Mr. Osmond said that the member for Napier seemed to have forgotten that all these runs were held under existing contracts ; and that to insist upon any other terms would be to commit a breach oi' faith. It was utterly impossible for any runholder to pay the rents named by ths member for Napier. Mr. FitzGtEßaxd could not support the amendment, seeing that no right of purchase was given. Were that part of the report, the amendment might be brought forward with some show of jubtice. The fact of pre-existing contracts, as referred to by the member for Waipukurau, was a consideration too, not to be overlooked.

Mr. Coi/ehSO would take occasion to remark that the runs had been spoken of as likely to revert to the government. To this he would say— Don't you wish you may get it. Not one of them would revert to the government. The great object of the leaseholder would be to buy up the land within the 14 years, and he •would do it. True, he had no right of purchase, bnb he had the right to exclude others. Then there were the very great powers given under the Fencing Act. Mr. Rhodes said that the* member for Napi«r forgot, perhaps wilfully, that few indeed, covAA

■ spare the' capital required to plough and otherwise .. improve 20,000 acres of land. And from what ■ Boorce was the leaseholder to obtain tb.3 funds necessary to buy up his run at the end of 14 years ? In fact, he would be compelled to lay out his surplus income every year to be enabled to purchase any afe the termination of his lease. On the consideration 61 the 4th clause an ambiguity in it was removed, on the motion of Mr. EiTzGsßAi/D, by the insertion of the words " nonagrieulfcural land" between the words " over" and "which" in the third line. Clause 5 was agreed to. On clause 6 being read, — Mr. CoEEKSo said that 10 pei- cent, interest on 5 shillings would amount to 12s. 6ri. for 14 years, and that the right of purchase should surely be fixed at that jsrice instead of 10s. If the working settler was to pay 10 per cent, interest, so also should the runholder. Mr. Rhodes pointed oat that the case 3 were dissimilar — the sniallfarmer having a right of purchase over the whole, without its being incumbent on him to improve. Clause agreed to. Clause 9 was amended on th 9 motion of Mr. Coienso by the words in the fifth line " to what rule and law tl\ey may be subject," being expunged. In cla-U3e IG, providing for the constitution of the board, Mr. Col/Eis'so moved as an amendment that after "ex officio " the following be added, " provided he (the Commissioner) be not a runholder." Amendment negatived and clause agreed to, also N©. 11. The council then resumed. Mr. Osmond moved that the report as amended be adopted, which was agreed to, and gave notice that, at next sitting, he would bring forward a memorial to the General Government, embodying the resolutions now passed. Mr. Colenso gave notice that he would move for an enquiry into the circumstances attending the " Eclipse's " going ashore. The Council then adjourned till Tuesday.