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Thursday, January 19., Nelson Examiner and New Zealand Chronicle, Volume XII, Issue 621, 28 January 1854
Thursday, January 19.
Present— All the members, except' Messrs Barmcoat and Hough, Mr. Parker presented a petition, numerously signed, from the inhabitants of Motueka and Riwaka, praying that when the Fencing Amendment Ordinance was under the consideration of ths Council, a description should be given of what was deened a sufficient fence. The petition was read by the Clerk, and Mr. Parker moved that it do lie on the table. _.. Dr * Rbntvick brought up a report from' the Pilot Committee, stating that the Pilot had been desired by the Superintendent not to appear before the Committee unless desired to do so by him, and consequently the Committee had been unable to complete the inquiries they thought requisite. He moved " that the Report be received, and the Speaker be instructed to forward a copy to the Superintendent, with a request to be informed whether such had been the case, and if so whether his Honor had any explanation to make to the Council with reference thereto."
Mr. Parker seconded the motion. Mr. Stephens thought there might be considerable inconvenience arising from the attendance of the officers of the various departments at any moment they were requested to do so before the Council. He was of opinion that the Council had the authority to compel thair attendance, but it was better that the instruction for such attendance should proceed from the Superintendent. Dr. Monro begged to move as an amendment, that the Report be simply received. To adopt the course suggested by Dr. Renwick, would imply a censure of the conduct of the Superintendent, which he did not consider was merited in this respect. The Superintendent was the head of the Executive, and as such, reiponsible for the proper, carrying on of the public business. Much [inconvenience might arise if the Pilot was to be summoned away from hia poßt by those who would not be answerable for the cosequences. The Council it was true, could pass a law compelling the attendance of the officers under the control of the Superintendent, but by so doing, they would run the risk of impairing the efficiency of the public service. The Superintendent, as haad of the Executive, was responsible for his subordinate officers.
Mr. Collins secondad the amendment. Dr. Rbnwick thought the Pilot should have submitted the request of the Select Committee to his Honor, and have obtained his sanction. If his dutiei prevented his attend* ance, the Committee would be satisfied. He though it almost amounted to a want of respect to the Council, to order the Pilot not to attend unless he received instructions to do so from the Superintendent. The amendment was carried : there appeared, Ayea— -Mesirs. Adams, Otterson, Collins, Monro, Bush, Baigent, Ward, Elliott. Stephens. Noes—Messrs. Renwick, Saxton, Parker.
The Spmakmr read a Message from his Honor the Superintendent, containing his assent to the Licensing Amendment Ordinance, and to the Ordinance for establishing Quarantine Regulations.
Mr. Stephens moved a resolution, pursuant to notice, " that until the powers of the Council were better defined, the Superintendent should be requested to instruct the officers of his Government to attend the calls of the Council when so required, and to furnish all papers and returns."
Mr. Baigent seconded the motion.
Mr. Elliott, as a member of the Pilot Committee, wished to say that he thought the Committee had committed a mistake in summoning the Pilot, otherwise than through the Superintendent.
Mr. Saxton had understood that the Pilot had attended two or three days in order to give his evidence; he was quite willing to do so. Understanding that he would be examined upon some points that morning, be had taken the trouble to ride some miles in order to be present as one of the Committee, and he protested agaimt the Pilot having so abruptly been ordered not to attend to the request of the Select Committee.
After some remarks from Dr. Monro, Mr. Speaker, and some other honourable members, the resolution proposed by Mr. Stephens was amended as follows, and agreed to :—": — " That his Honor the Superintendent be requested to direct the various beads of all public departments, subject to his control, to attend to all requisitions of the Council through their Clerk, for their attendance before the Council and Committees of the same, for the purpose of being examined by the Council and such Committeeß as to the business of their respective departments."
Mr. Stephens moved that a copy of the resolution be forwarded to his Honor the Superintendent. Agreed to. Mr. Adami, on moving the second reading of the Fencing Amendment Ordinance, eaid the object of the Bill was to allow parties erecting fences to make the ditch on the adjoining land, or if they made the ditch on their own land, they might make the bank and erect posts and rails upon the adjoining land. The sum to be charged per rod was left blank, in order that the opinion of the Council should be taken upon it. Mr. Otterson seconded the motion. Agread to. The Council then went into Committee on the Bill, Mr. Stephens in the chair.
Clause 1 was read and agreed to. On dauie 2 being read, Mr. Baigent doubted the power which this clause proposed
to give, of taking away four feet of ground from adjoining land to make a ditch. He believed if a man had a Crown Grant to his land, he would not allow such intrusion.
Mr. Adams supported the clause. It was right to give persons desirous of fencing every encouragement to do so. He would like to see the plan of the Commisiioaers of Enclosures at home adapted here, which was to compel the owner to fence certain sides of his land. It would have prevented much confusion and annoyance. The middle of the ditch was generally the boundary in England. Mr. Baiqent knew that in England the Commissioners insisted on certain sides of land being fenced, but the stake was the boundary, and the ditch was within the boundary.
Mr. Ward and Mr. Speaker confirmed the correctness of Mr. Baigent's assertion.
Mr. Stephens had had some experience in surveys, and ha thought the assertion of Mr. Baigent was correct in general. But different localities had different laws upon the point, and a contrary practice sometimes prevailed. He was in favour of the clause, but he thought five feet should be allowed for the ditch.
Dr. Monro moved that a proviso be added to the clause, that no ditch should be taken from a road, unless such road was fifty feet wide. Mr. Adams seconded the motion. Agreed to.
Clause 3. Agreed to. Clauße4. Mr. Baigbnt moved that the words " within fourteen days after " be inserted before the word "demand" in the second line, and the word " forthwith" be omitted.
Agreed to. Clause 5. Mr. Spbakrr moved that the words "or to the agent of the said occupier," be inserted after tbe word " occupier " in the third line. Agreed to. Mr. Parker moved that the word " month " be substituted for " week " in the fourth line.
Agreed to. Clause 6. Mr. Otterson moved that the blank be filled up with sixteen shillings in the country, and twenty shillings in the town of Nelson, and the word " chain " be substituted for "rod." Mr. Speaker seconded the motion. Mr. Baigbnt could not assent to such a sum being placed in the clause. Upon a division the motion was carried. There appeared, Ayes — Messrs. Adams, Renwick, Saxton, Otterson, Bush, Collins, Parker, Ward, Elliott, Sinclair. No— Mr. Baigent. Dr. Momro declined to vote.
Mr. Speaker [wished to hear the state of the law declared as to what was to be considered a proper and sufficient fence, and he moved for a clause to the effect that such fences as were described in a schedule which he had prepared, should he deemed sufficient fences. He understood Mr. Adams intended to oppose the clause, but he had the opinion of two other professional gentleman in his favour. There were great doubts now on the point, and in order to put an end to the continual disputes in a Court of Justice about this matter, he proposed to enact that such fences as had been allowed for the last eight years, and were described in his schedule to be sufficient fences, should be deemed by the Bill to be so.
Mr. Adams did not wish to oppose the clause on principle; he admitted the principle to be good, but he maintained such a clause should be inserted in the Cattle Trespass Ordinance. It was of no use in this Bill.
Mr. Parks r supported the clause.
The Chairman had no idea of disputing a point of law with a lawyer, but he could exercise bis common sense in a matter of this sort, and he must say he thought a definition of a proper .fence ought to be inserted, in the Ordinance, on which damages ought to be recovered. Upon a division, the clause was carried. There appeared, Ayes — Messrs. Saxton, Bush, Baigent, Parker, Sinclair. Noes — Messrs. Adams, Otterson, Elliott, Ward. The Schedule was agreed to. The Council resumed, >nd the Chairman reported the Bill with the amendments. The Council then went into Committee on the Immigration Bill, Mr Stephens in the chair. Mr. Adams moved a clause to come .after clause 12, giving the Trustees of the Nelson Trust Funds the first charge upon the Revenue for the B urn of money they proposed to lend to the Board of Commissioners. lir. Speaksr seconded the motion. Agreed to. The Council resumed, and the Chairman reported the Bill with the amendments. Mr. Adams gave notice of motion for Friday, that all Ordinances passed by the Council be printed. The Council adjourned.
Thursday, January 19., Nelson Examiner and New Zealand Chronicle, Volume XII, Issue 621, 28 January 1854
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