Provincial Council.

Lyttelton Times, Volume IV, Issue 168, 25 March 1854, Page 8

Provincial Council.

THURSDAY, Maech 16th. Members present—Messrs. Tancred, Packer, Cass, Bowen, Hall, Hamilton, and the Speaker. Prayers were'read by the Rev. O. Mathias at 4 o'clock. The Speaker read the assent of His Honor the Superintendent to the following bills -.—the Church Property Trust Ordinance, and the Lyttelton and Christchurch Road Commissioners' Ordinance. The Speaker also stated that the Superintendent submitted the Wakefield Road Bill to the re-consideration of the Provincial Council, as it was necessary that the plan shewing the alteration in the line of road should be attached to the Schedule in order that it might be deposited in the office of Public Records, and not as at present with the Clerk of the Council. The Debentures Bill as amended was read a first time. The Council resolved itself into a Committee of the whole House, on the Cattle Trespass Bile*. Mr. Bowen in the Chair. The clauses from 1 to, 12 were agreed to after a few remarks from several members. Mr. Hall wished the further consideration of the bill postponed, as it had undergone considerable alteration, and several members who were present on a former day were now absent, and there had not been time to consider the amendments proposed. Capt. Simeon said he could not agree with the hon. gentleman ; if members were absent, they were so because it suited their own private interests, and he hoped the bill would not be delayed. After the several clauses were gone through, the Schedules of this bill were read, and Mr. Hall again pressing for further postponement, the Chairman reported progress and the House resumed. The House next went into Committee on The District Commissioners' Bill. Mr. Bowen in the Chair. Mr. Tancred said, our great difficulty was the-taxing of personal property. In the 11th clause it was introduced, that rights of pasturage and not personal .property should be assessed. It was considered most convenient that there should be an acreage rating, and that the Assessors should assess pasturage at its real value, that the Superintendent should call the Assessors together in the several districts, and regulate with their assistance the sj'steni on which the pasturage should be taxed. Mr. Packer objected to three years as a limit for the recovery of rates that might be due. He thought the rates should be levied and accounted for every six months. Mr. Tancred explained that they could be levied in ten days' notice, and that this extension of power to levy within three years, did not necessarily provide that it should be delayed beyond the ten days. Mr. Hall thought two years would be sufficient. Mr. Tancred said some lengthened period was necessary. Many in England who had property would necessarily be ignorant of the rate, and it would take a considerable time to communicate with them. Capt. Simeon thought in such instances a less period would be cruel, and might tend to depreciate the value of land. He was sorry the sale of land was introduced at all in the bill. Mr. Tancred stated that a new clause was introduced giving power to the Superintendent to issue money in aid of rates, in case of works in progress, of course with the consent of the Provincial Council. Mr. Packer thought this power ought not to be given to the Superintendent. Mr. Tancred said it was also provided that the Superintendent shall, by proclamation, declare when this Act shall come into operation in the several districts. The Committee reported progress. Afterwards, some notices of motions, &c were given, and the House adjourned at half past seven o'clock. FRIDAY, March 17th, 1854. Membeis present;— Messrs. Tancred, Packer Hall, Coukson, Hamilton, and the Speaker ' Flavors were read by the Rev. O. Mathias i in 11 o'clock.

The House went into Committee ou the Estimates. Mr. Cookson in the Chair. Mr. Tancbed said, he proposed the House should vote only those Estimates that day which were the same as last year, while the new items, and the sums to be voted under the appropriation Ordinance, he proposed to reserve till Tuesday next. ' The lion. Member estimated the revenue to be £26,540, to lie derived from the following sources :— Revenue. Balance from last quarter . 1,500 Two thirds of Customs collected at Lyttekon . . . 4,000 Do. do. at Akaroa . 100 Balance of land fund payable to Provincial Government . 20,000 Fees and fines from Magistrates Court at Lytteltpn . . 6g Do. at Christchurch '. so I>o. at Akaroa . . 3o Fees from Registration office . 200 Auctioneer and Publicans' Licenses 600 £26,540 The items of expenditure which he would ask the House to vote, amount to £4,139 Is. 3d ; viz. :—' • •• i For the Superintendent's Department ..... 625 0 0 Supreme Court.... 200 0 0 ProvincialTreasurer'sDepartment 540 0 Q Auditor and Accountant . . 155 0 q Resident Magistrates' Courts . 3Q 0 o Sheriff and Gaol . . . 234 10 o Police .... . . 484 1 3 Medical Department. '. . 413 0 0 Coroner . ... '. .' 27 0 0 Harbour Master's Department . 362 10 0 Provincial Council . . 175 0 0 Inspection of Sheep . . . 100 0 0 Printing- . . . . . 200 0 0 Provincial Solicitor . . . 300 0 0 Akaroa . . . . . 293 0 0 On Tuesday he proposed to vote the following additional items ; viz. :— Provincial Secretary . 300 0 0 Post Office . . . 15Q 0 0 Census ... . 50 0 0 Weight s and measures . 100 0 0 Education . . . 1,000 0 0 Immigration . . . 10.000 0 0 Public Works . . . 10,000 0 0 Making- a total expenditure of £25,739 1, 3 The hon. Member said, in continuation, that in calling the attention of the House to the proposed increased expenditure, he would mention that the Superintendent was now performing in addition to his own duties those of a Provincial Secretary. At Wellington they had found it necessary to appoint a Provincial Secretary, and it was his intention to ask the house to consent to the vote of £300 for the payment of a similar officer for this Province. They had been compelled to take a house for the accommodation of the Superintendent at a rent of £50 per annum, and it was proposed that the Provincial Secretary should occupy part of these premises. The Post-office was estimated at £150, onethird of which will be paid for the transmission of the mails three times a week from Lyttelton to Christchurch"; £50 for the deputy-postmaster at Christchurch; and the remainder for the transmission of a mail twice a month to Akaroa. A vote for £1000 would be submitted for promoting Education in the Province. One for £10,000 for carrying out the Immigration Ordinance; and £10.000 for public Works, which it was proposed to expend as follows:— Bridle Path .... £150 Papanui Road . . . 225 North Road .... 190 Bridges for opening the North Road .... 50 Making and repairing Harewood Road . . . . 470 Metalling part of same . . 60 Akaroa Bridle path . . 400 Ferry over the Rakaia . . 300 ,' Commission on communication between the port and the Plains . . . 300 Proposed Reward for finding Coal 100 Current repairs of roads . 100 To be expended on the road between the Port and the Plains, being the balance of £10,000 £7655

After these estimates had been read, Mr. Hall rose to second Mr. Tancred's proposition to pass the first-named items. The lion, member also gave notice that on Tuesday he would propose that the salary of the Superintendent should he increased from £400 to £500, as he thought the remuneration wasnotadequate to the services performed. This proposition appeared to meet with the unanimous approval of the Council. Mr. Hall then stated his opinion that the Select Committees required the assistance of clerks, and suggested au addition in the estimates to that effect. Mr. Hamilton thought the best plan was to Jiave any increase in the estimates embodied in the proposed resolution and address to His Honor the Superintendent, that he might be aware of the views of the Council. Mr. Hall asked the hon. member who introduced the estimates if he could give the Council any information respecting the Supreme Court, for which £200 was proposed. ■ Mr. Tancred briefly explained that the £200 voted last year, was still in the Provincial Chest. Capt. Simeon then said although it appeared an anomaly to vote the' sum mentioned, yet if this were not done, it might be an impedidiment to justice, and it certainly would be a great injustice if any difficulty arose from the want of means to defray expenses. Mr. Hamilton said that last session there appeared to be some uncertainty as to the question which was pending between the Provincial Government and the General Government, respecting the visit of the Judge to this province, perhaps the difficulty lies with him, if not, it may be hoped that the General Assembly will settle the matter. There is no reason why this Province should be deprived of the advantages of the Supreme Court, as it bears as great a share of the expenses as.New Ply mouth,.or Nelson, or Otago, while Wellington was the Judge's sole residence. Still, the sum should, he conceived, be put on the estimates, for there is no knowing what the actual expences of a session may be ; the trial of one single case might cost the Province fifty or a hundred'poundsSome observations were afterwards made by members on the importance of a distinct A.udit Office; but until the ordinary revenue of the colony would, from its increase, authorize such an addition, it was considered unnecessary. , On the item of £300 for the Provincial Solicitor being proposed, Mi1. Hall enquired how the Government intended to get Legal Advice. Mr. Tancred thought they would get the legal advice by going to a legal adviser (laughter), and he thought the Government should"be left to choose their own legal adviser. Mr. Packer wished to know how much of the £300' was spent last year, for if any was spent, they got very little for-their money,"for the bills were in many instances opposed in that Council by a legal member on legal grounds,"and the bills gave a great deal of trouble to the House. Mr. Hamilton stated that the item as voted last session was for "Legal Adviser and Crown Prosecutor," the duties to be performed by one person. The expense of a trial in this colony is very great. Crime might, be "committed which magistrates could not deal with summarily- One trial in the Supreme Court might cost £80 .or £90, 'and end by the transportation of the culprit, or sending him to gaol lor two years. Now, as an hon.. member said (not now in his place), if we got all our legal business done for £300, we got it done very cheap ; until the Superintendent can find a professional gentleman who is satisfied to go with him in his policy throughout, it is very allowable to get advice from any one willing to take temporary employment. , Mr. Hall enquired what had become of the public records. Mr. Hamilton stated that Mr. Spowers, manager of the Bank, had taken charge of them,.and had deposited them in an iron safe. The unpleasant and very distressing case of two^ lunatics was then referred to, as well as the subject of pilotage fees, which fees, we understood, went towards the salary of the Harbour Master. Mr. Hall then made some remarks on the necessity of a beacon on the heads entering the harbour. After which the same hon. member suggested that now there being sufficient funds, the Council should appoint a proper Scabinspector.

The House then resumed. The Wakefield Road Bill, as amended, was read and passed. The House went into committee on the District Commissioners' Bill, and several of the schedules were agreed to. It was stated that one shilling in the pound on the valuation would be the maximum rate. Several notices were afterwards given for Tuesday, and the House adjourned at six o clock. TUESDAY, March 22nd. Members present—Messrs. Tancred, Hall, Rhodes, Bowen, Packer, Dampier, Hamilton, Cookson, Bealey, and the Speaker. The House went into Committee on the Cattle Trespass Bill, Mr. Bowen in the Chair, when some verbal alterations were proposed by Mr. Tancred, and agreed (o. Mr. Hall said that when this bill was originally under discussion, it had been pointed out that this clause might he, made the-means of oppression. A man might put down aSO acre section in the middle of a run, or in any other tempting situation, and lay a trap, a few turnips for instance, without any fence, and after allowing cattle to cross the land every day for a whole year, bring actions-for 365 cases of trespass. To provide against such an abuse, words were inserted by the Committee ; but on a subsequent occasion, without any notice to that effect, they had been struck out. He therefore proposed they should now be reinserted. Mr. Tancred thought it desirable that they should not encumber the bill, which was already long enough, with this proviso, which is not at all necessary, as it is provided for in clause 6 ; the hon. gentleman takes it for granted that there are persons going about who will live by flaws in the law, but he thought in this colony, looking at the many ways a livelihood may readily be obtained, there really was no danger. The hon. gentleman appears to wish a man to trespass with impunity ; if he trespasses a hundred times, that he should be only proceeded against for one trespass ; in his (Mr. Tai'cred's) opinion he' should pay for every act of trespass, and the person injured should not be debarred from his natural right because his neighbour was contumacious. He did not see that because a man has trespassed once he is to trespass again. The amendment suggested by Mr. Hall may act very harshly against some parties, and therefore he would move- that, the clause stand part of the bill. Along argument ensued in which Messrs. Dampier, Packer, and Hamilton took part, and Air. Hall and Mr. Tancred replied. Upon a 'division,1 Mr ■Hall's amendment was lost, three voting lor and five against it. The House having resumed, the Speaker read the assent of the Superintendent to the following bills :—The English Agent's, the Empowering, and the Immigration' Ordinances. The House then went into Committee on the District Commissioners' Bill, Mr. Bowen in the Chair. Mr. Tancred said the object of recommitting this bill is to bring forward the Schedule describing the districts, The Proviuce is divided into the following districts : — 1. The Christchurch district; 2. Avon and HeathcrHe ; 3. Lincoln Road ; 4. Riccarton ; 5. Papanui; 6. Kaianoi ; 7.. Lyttelton ; 8. Stunner; 9. Port Victoria ; 10. Akaroa; 11. North Pastoral; 12. Middle Pastoral ; 13. South Pastoral. After this Schedule had been read and agreed to, the Committee reported progress, and the House resumed. The Appropriation Bill, and the Debentures Bill were then read a second time and passed. The House next went into Committee on the Estimates, Mr. Bowen in the Chair, when the following message from His Honor the Superintendent was read, enclosing two memorials which had been addressed to His Honor, requesting aid towards the repair of the road from the bridge at the Market Place, Christchurch, to the' Cemetery and Section marked No. 33, and the Bridle Road from' Christchurch under the hills to the foot of the Bridle Path:— " His Honor the Superintendent requests the attention of the Council to the accompanying memorials. " The Superintendent considers that, for the present the funds accruing from the sales of land ought to be devoted mainly to the improve meiit of the great lines of communication ; but should the Council think it desirable

to vote any sums for the works suggested in the accompanying memorials, the Superintendent conceives they ought to be voted in aid of funds to be raised by the proprietors whose farms will be mainly benefa" tted by the improvement. " The Superintendent requests the Council to make such provision in this behalf as they may think fit. " J. E. Fitzgerald, Superintendent." The Estimates.—Mr. Tancred, in accordance with the wish expressed by the Provincial Council on Friday last, moved that the Superintendent's department.should be increased to £725; that is, £500 for the Superintendent, leaving the other items as they stood. Agreed to. The vote for the expenses of the Provincial Council was increased from £175 to £225, and the proposition to appoint a Provincial Secretary with a salary of £300 per annum was also agreed to. Some retrenchment being proposed in the Registrar's department, this gave rise to a long discussion, in the course of which some letters were read between the Superintendent and the Registrar. It was finally decided to reduce this vote from £657 to £365. £300 was afterwards agreed to be added to the Inspector of-Sheep's department for the purpose of paying a proper Scab Inspector for the Plains. The Post Office item of £150 was passed, as was also £50 for the Census, and £100 for a set of Weights and Measures, and £100 for a reward for finding coal. £1,000 was then voted to be expended in aid of education,.to be appropriated as follows ; — For Akaroa, £50 ;- Okaiu's Bay, £50 ; Governoi's bay, £50 ; Riccarton, £50 ; Papanui, £50; Kaiapoi* £50 ; Lyttelton, £150 ; Christchurch, £150. For salary for an assistant master for the commercial branch of education in the Grammar School at Christchnvch, £150 ; the remaining £250 being reserved for building schools. The £150 at Christchurch and Lyttelton would probably be expended on the existing schools. Mr. Bealey asked if there was to be any inspection, and also on what principle the aid was to be granted. Mr. Hall would add another question, as one reply might answer both, viz., Was the money to be applied in strict accordance with the Education Ordinance? Mr. Tancred replied in the affirmative, after which the vote was passed. The sum of £10,000 for Public Works, Mr. Tancred proposed to reduce to £2,345, omitting the £7,655 for the road between the Port and the Plains; the Commission was already at work, and their report will be laid before the Provincial Council, and it would therefore be premature to ask ior any definite sum when the amount actually required was uncertain. Agreed to. Mr. Tancued in reply to a query from onof the members, said it was proposed to adjourn the Council, and to call them together again when the commissioners make their report, which would be probably in a fortnight. Mr. Bealicy called the attention of the Council to the-importance of getting a proper geological survey of the country, as we may be in the midst of valuable minerals, and be ignorant of it. Mr. Tancred then reverted to the subject of immigration, and to the appointment of a ship agent. The hon. member said it was not neeessarv that the ship agent and the immigration agent should be the same person. An agent for selecting proper persons as emigrants, and for communicating with persons enquiring on the subject was necessary. Mr. Harman seems the best fitted for that oiiice, and Government had fortunately been enabled to obtain his services. Our object is to get one who will state the truth, and that there should be no complaints either of his deluding emigrants, or of his underiating the colony. It is worth while to employ a special person, and it was proposed to appoint this gentleman at a salary of £300 per annum: all the business of the emigration department of the province will be managed by him. Agreed to. The House then resumed. Mr. Halt, stated that a resolution was now proposed to request His Honor to add to the Estimates £50 lor a beacon on Gudloy head, Mr. Hamilton had had a conversation with the harbour-uiaster,who stated that the hogsheads.

alone would cost £20 or £30, bnt how to get them up he could not Fay. On Sir. Hamilton's recommendation the sum proposed was increased to £80. The Wakefield Road Bill was read a third time. Mr. Tancrkd stated that the Government had no business to bring forward on Wednesday, but gave several notices for Thursday. Some drafts of letters and some papers were laid on the table, which will be more particularly referred to on Thursday. The House adjourned at 8 o'clock till Thursday.