THUESDAY, MARCH 29.

Hawke's Bay Herald, Volume 3, Issue 133, 7 April 1860, Page 4

THUESDAY, MARCH 29.

The Council met pursuant to adjournment, Present — The Speaker and 8 members.

The Appropriation Sill

"Was read a second time, and its third reading made an order of the day for the same afternoon.

Petition,

Captain Carter presented a petition from Mr. William Villers, Petane, setting forth that he had purchased from the government 50 acres, which he believed to be a section which would give him the road frontage in accordance with clause 10 of the regulations ; that on the land being laid off, he found that his section was placed differently in the plan, leaving him only 6 chains and 27 links of road frontage ; whereas the adjoining section belonging to Mr. Edwards, containing exactly the same number of acres, has had awarded to it a road frontage of nearly 40 chains &c.

Captain Carter, in presenting the petition, recapitulated its contents, and stated also that lie was instructed to mention that Mr. Triphook, then government surveyor, by whom the sections had been laid off, was at the same time acting as agent for Mr. Edwards.

The petition was read and received.

Mr. Ctteling- would like an explanation of the circumstances of this case. How came it that a 50-acre section was so laid off as to give a frontage of nearly 40 chains, when the regulations only allowed 10.

Mr. Oemonb said it appeared to him, from looking at the plan, that the road had been made to deviate in an extraordinary way so as to in» crease the frontage of one section, and diminish that of another.

Dr. Hitchings was intimate with the locality in question. Without doubt it was a case of great hardship ; but he did not thinkt hat the road had been made to deviate on purpose, for it had to follow the base of the hill. He believed it to be an undoubted fact that the surveyor was a personal friend of the purchaser, and acted at the time as his agent.

Mr. Ormond would move as a resolutiou that the Superintendent be requested to instruct the Commissioner of Crown Lands to detain the deeds of grant for those sections until such time as the merits of the case can be investigated. He would here remark that the practice of surveyors in government employ acting as agents for private individuals was an extremely bad one. He hoped that instructions would be given them to abstain from so acting in future.

Mr. I'itzGeeaid, before the resolution was put, would mention that the Superintendent had power of himself to stop any deed of grant, and could, by representation to the Governor, get it either cancelled or altered. He thought the terms of the motion should be altered.

Mr. Oemond would alter his motion to this effect — that the Superintendent be requested to detain the deed of grant in question until the matter shall have been investigated by the Executive Council.

Mr. Ctieiiitg- said that some resolution of the Council was much needed. There was no appeal against the decisions of the Commissioner, except to the Supreme Court.

Mr. Colenso said that the matter before the Council was one of considerable importance, and not of recent date, yet it had not been brought before the Council till the very last day of the session. Tkere was one fact in connection with it which seemed to have been overlooked in speaking of the extent of frontage given to Mr. Edwards, viz., that the back land also was marked as the property of that gentleman. He could not assent to a resolution which would have the effect of injuring the character of a surveyor who stood so high a3 a man of integrity as Mr. Tnphopk. Mr. FiTZ&EBAIJD — The resolution contains no imputation upon the character of any person. Mr. Coienso — No, but remarks have been made having that tendency. The motion was then put and passed. . Warrants Jor Payments.

Mr. Oemond, ' pursuant to notice, moved that in the opinion of this Council it is desirable for the proper security of the public.interests that no moneys shall be paid by the Provincial Treasurer except on the warrant of the Superintendent, or, in his absence, of the legally-appointed" Deputy Superintendent. Since putting this motion on the paper it had

been pointed out to him that 3 under the Constitution Act, the Superintendent only had power to sign warrants, so that the motion would falsiji> the ground. But it might be as well to hear the explanation of the Superintendent, for there could be no doubt that a great irregularity had been committed in the warrants being signed by the Auditor.

Mr. Cubl/INO- entirely concurred in the observations that had fallen from the member for Waipukurau.

Mr. FitzGteeaid said that in the Superintendent alone was vested the power of signing warrants for payment, which power it was impossible for him to delegate. During his absence, therefore, no provision could be made for that purpose, yet that he should occasionally be absent was absolutely necessary. On leaving the province upon two occasions, he had acted as he believed was the custom in Wellington, — which was to request the Treasurer to pay on account of the ordinary authorised expenditure upon the certificate of some gentleman the Superintendent might be pleased to name. He (Mr. FitzG-erald) had thought that, in the cases alluded to, the best person he could name was the Auditor, whom he requested to sign the warrants twice instead of once. He (Mr; FitzG-erald) admitted that it would have been better had the Auditor simply signed as such, and that he (Mr. FitzGerald) had attached his own signature upon his return. In future, he could see no other way than to request the Deputy Superintendent to transmit the warrants without signature until his (Mr. FitzGerald's) return would enable him to sign, them as required by law.

After some further speeches, Mr. OsMom> withdrew his motion.

Appropriation Bill.

The standing rules were then suspended with the view of bringing on the second reading of the Appropriation Bill, which was accordingly read a second time, committed, read a third time, and passed.

Increase of Representation,

Mr. CoLEffso brought up the report of fcha select committee appointed to prepare a memorial on this subject to the House of Representatives. The report and memorial were read and adopted.

Prorogation,

The Superintendent then prorogued the council in the speech given in our last.