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WEDNESDAY, 15th OCTOBER.

The Council met at 3 jun. Present, — The Speaker and all the members except Mr Weston.

' APPOINTMENT OF NEW CLERK. The SPEAKER stated that the Clerk was unable, from illness, to attend. On the motion of Major Lambert, seconded by Mr , Sutton, < Mr, Hamlin was appointed Clerk pro Jem. ' . The minutes of the last meeting were read and confirmed. .

, COUNCIL' LIBRARY. Mr CARLYON drew the attention of the Speaker to the inconrenienca * arising from the Tolumes of statutes nofc being properly twanged, and .suggested that a shelf should he put vp r for tlieir^accommodation. c ;,. , CoL.WHITMQRE complained that the library^was sometimes used as a oomniittee room, so that members had no access.. Dv: ring the >ecess it. was open to ,all comers, and,yolume8 t bad 4 .eTenbeen_taken.away^-/ *- -The, SPEAKER said^he, wisquito prepared to -carry out 'any, 1 suggestion.; that would lirrblve .onljr * modertte coii ;j;,^,

PETTP SESSIONS Major LAMBE RT moved— " That this Council is of opinion that it is expedient that the Petty Sessions Act, 1865, should be brought into operation so far as, concerns the Electoral District of the Province of Hawke's Bay, other than the districts lying to the northward of the Ngaruroro River. — His reason for bringing this motion before the Council' was that there many gentlemen who were very fond of the J.P. to their name, but -did not care to perform the duties of their office. The Petty Sessions Act would keep these gentlemen to their duties. Appeal could be made to the District Judge, who would meet the magistrates once a quarter, and the sjstem would be much less expensive than appeal to the Supreme Court. The population of the district approved of the proposed alteration. »,*,* Mr OABLYON seconded the motion. This wasilme of the most useful Acts tho N"ew Zealand Government had ever passed. Mr Stafford had stated that he had applied to the nine provinces to know whether they were favorable to the Act being put in force, and the only Province from which he had received a favorable answer was Auckland. This confirmed his (Mr C.'s) opinion that Auckland was the most sensible Province. He wished to know to vrhom in Hawke's Bay this application had been made, for he believed nine out of ten of the magistrates would be favorable to the Act coming into force ; and he thought it would prove a great 1 blessing. In the 12th clause it was provided that " Justices not attending to their duties shall be removed from the commission of the peace." For that clause alone he should like to see the Act enforced. He should like the District Court to be the Court of Appeal. [He continued at great length with reference to the Supreme Court, saying that, with the exception of one case, all that the Supreme Court had ever done could have been done by the District Court at much ess expense.] . Mr OE.MOND would support the motion if it was confined to limited districts. For instance, it would be too far to drag people from Porangahau to petty sessions at Waipawa. He would move as an amendment — That this Council is of opinion that it is expedient that the Petty Sessions Act, 1865, should be brought into operation so far as concerns the Provincial Electoral Districts of the Province of Hawke's Bay, known as the districts of Waipukurau, Te Aute, and Hampden, and that the Speaker be requested to forward this resolution to the Colonial Secretary. — His Honor the Superintendent could answer the question of the member for Te Aute with reference to the reply given to Mr Stafford. He could not agree with that member as to the respective value of the two Courts, though he believed that the District Court, which only cost £150 a year, was of great benefit to the Province. He would be sorry to see any action taken to put a stop to the sittings of the Supreme Court. ' Mr A'DEAKE would support the amendment. He thought the Act would be very satisfactory to the people. Mr M'LEAN cordially agreed with the amended motion, and considered it very desirable that Justice of the Peace should no longer be an empty title, but that the office should have dudes as well as privileges. It was he who had given Mr Stafford the answer referred to, and his reason was that there were many natives in a very unsettled state in the various districts. He looked upon the member for Te Aute's attack on the Supreme Court with great regret, and considered that it was the duty of every Englishman to uphold the supreme Court to the best of his ability. Mr CARLYON explained that he had not attacked the Supreme Court ; neither had he attempted to weaken its influence. He had merely tried to dispense with a supeifluousform. Major LAMBERT said" the amendment of the member for Porangahau met all that he could desire. He was glad the Superintendent bad" explained how it was we had not had Petty Sessions before, but he thought it would have been only right to have made the magistrates acquainted with the nature of his answer. He thought coo much respect could not be paid to the Supreme Court, the highest legal tribunal in the Colony. Subsequently an amendment was moved by Mr Buchanan that the words " Meanee and Havelock " be added to the motion. Major Lambert objecting, a division took place with the following re3ult : — Ayes, 11 — Messrs. M'Lean, Kennedy, Ormond, Buchanan, Locke, A'Deane, Tan* ncr, Carlyon, Dolbel, Wood, and Parsons. Noes, 2 — Messrs. Rhodes and Lambert. Mr CAELYON mo?ed that the Speaker be requested to forward the resolution to the Colonial Secretary, Agreed to.

TELEGRAPH STATION. Mr CAB-LYOJt moTed— That Mr Speaker be requested to forward to the Colonial Secretary- the resolution of tMs Council in favor of a Telegraph Station being erected at Waipawa in preference to Waipukurau. The motion was agreed to after a rerj long discussion.

GOVERNMENT LEASES.Mr CABLYON mored— ,' ' That the Provincial Solicitor shall not be entitled *«; officio \n charge purchasers of: land leased from the Government with, the cost* of the lease and counterpart. , _ , .• 4 ,V t —A „ practice had lately . arisen- for the Government -to lease land from the native owners,, and lease it again to the public. Ttiey,vrere>aga'in. leased, .on conditipn that the- lease -was; taken from the ProTinbial Solicitor, ■without reference^to any, other person "whikteVer. tlfovr, he found thai the Pwvinoialjbupitpr .■ mi ia th«oh«bitiof

charging the public who leased theielande not only with the cost of the 'lease, but of the counterpart as -well, and that these fees vent into his oWh pocket. . He did. not complain of that gentleman getting the oyster, hut he certainly objected to him getting the ahells as well, and his digestion was strong enough for anything. This was a moat enormous addition' to that gentleman's salary. He hoped that in future the practice of making the public pay foripe counterpart would bo discontinued. V Mr M'LEAN said the Government would issue instructions that no charge should be made for the counterparts in future. Mr, BUCHANAN »aid he had never heard of the costs of leases and counterparts* being both borne by one side. In England even the costs of the stamps were divided. The motion, after some further discussion, was negatired on a division, and the Council adjourned to 7*30 p.m.

CARPENTERS' WOEK. Mr TANNE R moved— * For « retam of til carpenters' work done for the Provincial Government, from Ist July, 1866, to 80th Jane, 1867 ; whether done by contract or otherwise ; by whom done, and what amounts have been paid. His HONOR laid the papers on the table.

RESCINDING OF RESOLUTION. Major LAMBERT moved— That the resolution passed yesterday on the motion of the member for Haveloclc be rescinded. After a long and tedious discussion, in which nearly all the members took part, the motion was agreed to on the following division: Ayes, B— Messrs M'Lean, Rhodes, Kennedy, Tanner, A'Deane, Parsons, Lambert, Whitmore. Noes, 6—6 — Messrs Irvine, Sutton, Dolbel, Wood, Buchauan, Locke.

DOG NUISANCE ACT. Mr TANNER brought up the report of the Committee on the Dog Nuisance Bill, which recommended that the bill should be referred to the Provincial Solicitor.

WATS AND MEANS. The Council then resolved itself into Committee of Ways and Means, and afterwards into Committee of Supply.

TOLLGATE BILL. The house went into Committee on the Tollgate Bill. Several amendments were moved by rarioua members. Mr Carlyon madealongspeech on every clause that came under consideration, complaining that they were badly drawn, ungrammatical, &c. He confined himself, however, to pointiug out the parts to which he objected, and did not more amendments. He also repeatedly expressed his wish to know whether or not the Provincial Solicitor was responsible for the drawing of the Act. The first eleven clauses having been passed through Committee, progress was reported, the Speaker resumed the chair, and the house adjourned at I*lo a.m.

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Bibliographic details

WEDNESDAY, 15th OCTOBER., Hawke's Bay Weekly Times, Volume I, Issue 44, 28 October 1867

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1,494

WEDNESDAY, 15th OCTOBER. Hawke's Bay Weekly Times, Volume I, Issue 44, 28 October 1867

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