Provincial Council.

Lyttelton Times, Volume IV, Issue 169, 1 April 1854, Page 8

Provincial Council.

THURSDAY, March 23. Members present —Messrs. Tancred, Bowen, Bhodes, Packer, Dampier, Cookson, Bealey and the Speaker. Prayers were read at 4 o'clock by the Rev. O. Mathias. The Speaker read the following message from the Superintendent. " His Honor the Superintendent, in reference to the resolution of the Provincial Council of the 21st March, requesting His Honor to add to the estimates the sum of £80 for the erection of a beacon at the entrance of the harbour, begs to acquaint the Council that he has referred the resolution in question to the Harbourmaster for a report on 1 lie necessity of such a beacon, and to the legal advisers of the Government for an opinion as to whether the Provincial Government are competent to appropriate money to such a purpose without a violation of the 19th clause of the Constitution Act. James Edward Fitz Gerald, Superintendent. March 23, 1854." The House then went into Committee, Mr. Bow.ii in the Chair. Mr. Tancuej) said some verbal alterations had been made in the Distiict Commissioners' bill, and some slight changes as to the boundaries of districts, the town reserves being now included in the Christchurch town district. Some alterations had also been made in the Cattle Trespass Bill, partly to meet the difficulty suggested by an hon. member not then present, (Mr. Hall) who had assented to the change' viz., that no trespass should bo sued for unless informations were laid within 30 days from the date of trespass. Mr. Packer asked why not seven days? If 30 (lavs were allowed, there might be 30 separate actions on a man's back all at once, and he could get no sleep under such circumstances. Mr. Tancrkd replied that it referred chiefly to pastoral districts, and few could leave their stations every week.

Mr. Damheb aprehended that this bill was about to do away with all other means of recovering damages ilian the summary proceedings provided by this bill, except in the Court, under the common law, he did therefore think that any thing tending to a multiplicity* of informers should he restrained, lest parties he unnecessarily hampered. Air. Tancived said that to meet the objection of the hon. member for Aharon, in the supposed case of 1000 sheep being blown on another, person's land by a sou'wester, it had been introduced into the clause that £n should be the maximum churned at one time. ' Mr. Rhodes said that there was a great difference between accidental and intentional damages. If the damage was wilful and malicious, £5 was not enough, if it was an accidental damage £5 was too much. Mr. Dampikr, did not agree with the hon, member. He thought ii the damage was done, it ought to be paid for. This clause, as well as the 7th, Bth, 17th and 18th, with some verbal corrections, passed. ESTIMATES. The estimates were next read over, the only material alteration from the report of Wednesday being, that the £100 added for the old bridle-path at the foot of the hills, and the road on the north bank of the Avon, leading to the cemetery, was not to be equally divided, but £70 applied to the former, and £30 to the latter. • • ■ „ Mr. Packer said lie understood these two sums were stated to be in aid, and if he understood the meaning of the word aid, they were to be in aid of something else—what that was the Council did not know, and he thought it a bad precedent to open the door for applications from all quarters. They may be very desirable roads, but he would recommend Christchurch to apply fora sum in aid. Mr. Tanceed said no doubt the Government would take care that the sum allotted was properly laid out, and as there would be estimates, these would be sufficient guarantees. Mr. Bealf.y concluded the Government engineer would estimate the cost, and if more funds were required, they would have to be contributed by the memorialists, and if not that these sums would not be expended. Mr. Dampikr said that if the Government would take it on themselves to have the work properly surveyed before the application of the money," it would meet the difficulty. The other estimates were then read over and agreed to. The Debentures' Bill next went through Committee. Mr. Tasiored said he would to-morrow (Friday) move the suspension of the Standing Orders to enable the bills now gone through committee to be read a third time and passed, and that he would also move the adjournment of the House till Tuesday fortnight, when the report on the communication between the Port and the Plains, will have been made, and the Government prepared with some proposition on the subject. Mr. Dajipieb rose to give notice that on Tuesday fortnight he would'move resolutions of an important nature, which he would lay on the table. Mr. Tancred stated that under such circumstances he would not move the adjournment of the House, but give an opportunity to Mr. Dampier to bring forward his resolutions, which were read as follows :— " That regard being had to the original contract between the Canterbury Association (as representing the Government), and the original purchasers of land within the Canterbury block, to the proposed alteration in the price of land, and to the altered circumstances of the colony, and the appropriation of the purchase monies, it is the opinion of this Council that persons having rights of pre-emption under such original contracts be allowed time for payment ot their purchase money, so as on declaring their intention to exercise the privilege, they do forthwith pay down one-seventh part of such purchase money, and the residue by like equal instalments at the end of each successive year until wholly paid. " That His Honor the Superintendent be requested to communicate this resolution to the General Government, and to obtain the requisite instructions to be issued to the Commissioner of Crown lands, for giving effect to that arrangement.

" That a proviso to the like effect be appended to the Terms of Purchase passed in this Council on the Ist instant, in vegaid to the pre-emptive rights now existing within the Canterbury block." FRTDAY, March 24th, 1854. Present —Messrs. Tancred, Dampier, Hall, BealeV, llhodes, Cookson, and the Speaker. Pvavei's were read at eleveu o'clock hy the Rev. 6. Mathiiis. Mr. Tancbed moved the suspension of tlie Standing Orders that certain bills might be read a third time. Agreed to. CATTLE TRESPASS HILT,. the Cattle Trespass bill was read a third time. Mr. Dampier desired to say a few words expressive of his dissent to the bill, not that he would he unwilling to see some parts of it have effect, but because in its present form it would produce two anomalous states of the law, one for Cattle Trespass, when sued in the Supreme Court, and anoih«r when sued for under the summary jurisdiction erected by this bill, to the extent of £20, though it is not so expressed in the bill, the limit being- assigned or implied by the. Resident Magistrate's Court, the general civil remedy in such cases. The bill is professedly intended to be made in favour of the agriculturist, and this class we shall find will seek for redress in ihe Magistrate's Court,under the jurisdiction given by this ordinance, and the other class will go to the Supreme Court, unaffected hy it. This state of the law must be unsatisfactory.- The bill seeks " to repeal all former laws and ordinances relating1 to the Trespass of dttle, and to the recovery of damages for the same, and to amend and consolidate the law thereupon into one ordinance within the Province of Canterbury," but it will in effect produce the anomaly stated. All the laws professr d to be repealed by this Act are not in reality repealed, part of such ordinances haviug created offences punishable by fine or penalty, which now being-pait of the criminal law of New Zealand, cannot be repealed by this Council, for although they may be enabled to create new offences, they are by the 12th clause of the 19x11 Section of the Constitution Act expressly prohibited from altering the criminal law of New Zealand, except as relates to the trial and punishment of offences. For instance, by extending-to imprisonment that which was previously punishable by fine, and trial by jury for misdemeanour for summary trial before justices. They will continue on the StatuteBook of New Zealand, and prosecutions may take place under the several of the acts which this bill proft-sses absolutely to repeal. It is at least doubtful whether the* Ordinance will not be void as assuming- functions of the Supreme Court, a very uncertain state of the law, to say the least of it. Another objection Mr. D. had to the bill was that it purposed absolutely to sweep away all the impounding laws in force in the province, and that the re-enactment of others was insufficient for the pounding, all impounding being by the 3rd section forbidden, except under the authority, and in accordance with the ordinance. Mr. D. observed that clause 36, in reference to the existing pounds and poundKeepers, had been inserted in the reprint of the »ul, perhaps to meet the objection he had raised in committee, but the wording of the clause seemed insufficient, and would not have tlie desired effect. He was afraid this bill would give rise to great difficulty, and multiply litigation, instead of lessening it, and for these reasons mainly he must vote against the bill, considering it a piece of legislation unworthy oi the Province, and believing it would not be enecuve for the purpose for which it was inten«eU. Mr. D. -begged it might not be considea that he was giving factious opposition to the Censure. Mr. Tancred rose, not to answer the arguments of the hon. member, which, he said, were so often met while the bi'.l was passing lough its several stages. He admitted it was th o !J Ctl? us oPP«sition which was offered, he tli* 11 1 U a vev-v P VOPev funereal oration over lurn/u espass biH- *'appeared so clear to m [\\ r . Taucred) that they had the power to CmV Cliiniiial cases, because the Act of ; cxc I 1 Stales "we have not tliat Power hay m ceit!lin cases," which means that we exnf tt p"wer in certain cases, and he fully tinn p ,tliat tllis biU would VRceive the sanemfli c Geneiill Government. The hon. «emoer says the Provincial Council has no

right to alter the entire animal ordinance, be- j cause it is now part of the criminal law of New ( Zealand. It is not a New Zealand, but a New Munster Ordinance, and he could not see why the Provincial Council here should not have the same power as the New Minister Council had formerly exercised. The bill was then passed, Mr. Dampier alone dissenting*. DISTRICT COMMISSIONERS' BILL. The District Commissioners' Bill was read a third time. Mr. Dampier hoped he would not be considered guilty of committing an act of trespass if he rose to oppose the present bill. In the cjnimittee on the bill he had pointed out to the Government his objections to the bill, and suggested alterations which he had hoped would have been made in the bill before the third reading, as the Government proposed to take the points into consideration, and he believed they would have made it a very useful measure; at this late period of the session it could not be amended, but lie hoped it would be put into such a shape during the recess as would render it an acceptable measure. He regretted throwing out the bill, because it contained valuable elements, and might most advantageously have empowered the District commissioners to stop up and divert useless roads, waterways, &c.,'and to provide for towns a supply of water, as well as protection against fire. A good division of the country into districts, would have been a very useful portion of the measure, but the districts proposed were not however assigned in such a way as would be found most convenient. It should have been a permanent foundation of districts such as could readily be adopted for general purposes, not cut up into localities by uncertain, unknown boundaries, which, in case's of indictments or prosecutions, would lead to much confusion for want of their being formed by natural divisions of the country or known boundaries. They would now require to be identified by surveyors, whereas ordinary witnesses could tell whether an act had occurred on this or on that side of the river or a road, but under ihis hill a map must be produced, and a surveyor must be examined, before it could be fixed to si certainty in which district, the locus in.quo of an outrage had taken place. Mr. D. would now state his main objections to the bill, for it was not now a subject of amendment, but for acceptance or rejection altogether. The proposed assessment must be unequal and oppressive. There would he large tracts of unsold land in the hands of the Crown, and that would cause an unjust division. He saw no reason why the proprietors of the sold lands should by their outlay make the unsold lands more valuable without being sided by the Government, for which he saw no provision made. But he had a much more important objection to raise, and if he were permitted, he would hold up both hands against the bill ; he should do so because it was proposed for the first time to raise the " standard of taxation" in a new colony. It is a measure fraught with wasteful expenditure. There must be tax-gatherers to collect the rates all over the country, and very expensive machinery. He conceived we had yet little need of such a step, while we had a right to expect that we should, the very moment we publish this "taxation bill," or hill for rating, which is the same thing, raise a placard that will prevent many a person from setting his foot into the colony. It will put n vast damper upon emigration from England, a main reason for leaving which is taxation; and who, hearing of taxation in Canterbury, will stop to enquire into its principal object ? Ifis a measure uncalled for, and not required, and with the expectations we have a right to look forward to, we have no right to impose it on the public. The suggestion he (Mr.D.) made in committee on the bill, was that the bill should not be one of taxation, but administration only of money to be voted from the Government funds. It was not to taxation, but to sums voted from time to time by Government, that we should look ; there would probably be large funds for a long time to come arising from sales of land, and also from rent and pasturage; with such resources as these in the colony it would be more strange to suppose we should erect machinery to collect a paltry amount of rates, while there would be such large funds in the hands of Government obtained without the expense of collecting. Mr. D. thought that now the colony was beginning a new system of legislation by a local government in the Province, it would

be most desirable for the Government to maintain a general control, and commit the administration of the different funds to the different districts. Were it otherwise we should find one district taxing heavily in order to improvement, and another, having heavy burdens to bear, refusing to rate at all for improvements. They would not individually be the best judges of what would be most for the interest of tie whole community. He (Mr. D.) thought it better to have one great controlling power for the whole country, assigning to each district its part to administer. That the appropriation of monies should be a general measure in the I Government rather than vested in the hands of individual districts, who would be always pulling different ways, and no general uniformity would be preserved, such as would prosper the colony generally. He should have been glad to vote with ,the Government, if the measure had been one for the administration of funds, and not for taxation. Mr. Bkaley said a tax is at all times very unpopular, and in addition the machinery to the measure proposed to he adopted would be a most expensive one. In England, the system is not so expensive, but here the levying* and collecting of a rate would swallow up the greater portion of it. We should he setting forward, too, another mode of taxation in addition to that of the Customs. We cannot interfere with these, hut if we could, he should not object to the whole amount required being raised by direct taxation. There are several difficulties in attempting to raise the rate in the present state of the colony ; he would instance the case of those absentees who had no agent in the colony ; their property, should there be no goods and chattels for seizure, by a most unheard of circumstance in any country, may be sold : this is not only a violation of the rights of property, hut it is a confiscaiion of property. The value of property is to be ascertained by the assessors, and then the rate laid on. Now there is much that is utterly unprofitable to occupy at present, and yet that land is to be taxed, and that at a time when the colony does not require it. In towns, proper municipal bodies would meet the want of streets and roads. It is said it is a voluntary tax, but this once done, there remains no other means, and persons, however unwilling to be taxed, would have no remedy. The" objections to the hill are so strong he felt compelled, however unwilling: t« do so, to withhold his support from the Government, and to vote against ihe bill. Mr. Tancrkd said he would make a few reirarks. He did not expect much discussion at this stage of the bill, but he was "ratified to find that the lion, member for Lyttelton approved of some sort of bill. He was sorry the Council had not had the benefit of his presence when the bill went through the former stages. The Bill had passed the committee without much objection being made to it. He had objected to lands of the Crown being taxed, but this objection they were unable to meet, as the hinds being improved by roads would bring a better price. The argument is new that the Government should have the management of all the funds for public works; in fact, that we should ha**e centralization, instead of dt-centva-lizalion : but tliis was so wide a subject, he would not enter upon it. " Raising the standard of taxation !" exclaims the lion, member -. it sounds very well; only what the bill proposed is quite another thing, viz., a power given to oiheis to tax themselves. Taxation without consent is tyranny, but wiili consent it is not so. The Wellington " Thistle" ordinance admits the principle of the sale if lands, so it is not therefore wholly unknown, though, he would admit it was uncommon. Alter a few more remarks from the lion, member, the House divided on the third reading of the hill, Messrs. Taucred and Hall voting for, and Messrs. D.impier, Bealey, Cookson, and Rhodes, against. The bill was consequently thrown out. The ArPJtoiMUATioN and Djjbkxtctrks' bills sveie then read a third time, and passed. Mr. Dampiku gave notice tnat he would move the resolution he read vessel day on the first meeting of the Council after the adjournment, and he also gave notice that lie would move on th.it day that His H..nor ilie Superintendent, should be requested to place on the estimates such a sum as be conceived proper to defray the expenses of such oi" the members of Council as lived five miles from Ohristchurch. The Council ufu-rwanis adjourned till Tues* day, April XI, at 4 o'cloH\