Provincial Council.

New Zealander, Volume 11, Issue 991, 13 October 1855, Page 3

Provincial Council.

DEBENTURE BILL.

Wednesday, Septemiieii 19ih. Present s —The Speaker and sixteen member'. The Speaker announced the receipt of a Message from His Honor the Superintendent which he proceeded to read No. 34 —Recommending the Council to provide a more suitable building for the custo ly ot deeds; also enclosing » letter from the biter If, culling the attention of hio Honor to the present inefficient state of the jail. Mr. DIGNAN, in the absence of Mr. Doylan, moved that the report of the petition of !!. Win e and R. Watcbhora be adopted. Also that the report of tha Committee on tho petition of Mr. J. Makepeace be ado,'led. Mr. CON NELL seconded pto m jtion. These reports hj iving been considered, Mr, WHITAKER moved as nn amendraeir, that a respectful address be presented to Ills Honor the Superintendent, requesting him to place on the Estimates for paying ttie parties lio ein named, viz. : Messrs. White and Walchhorn - sbo/. Mr. Makepeace - - 400/. Mr. WILLIAMSON seconded the amendment, which was - g.eed to. Mr. WHITAKER asked for nn extension of time for bringing up the Report of tho Select Committee on the petition of the 74 non-ooaimisiiotwd ami privates. Leave granted.

j On th • motion of Air. TAYLOR th# Dobenture Bill was reii-I a second time, upon which the Council went into Committee. The question was put that the first dance do pass. Council divided—ayes, 5 ; noe«, 5. The Chairman gave his casting-vote in favor of the clause, and it wan agreed to. Mr. J. O'NEILL moved that the rate ol interest be 8 in lieu of 10 per cent., which was carried. I On th# motion of Mt. Will TAKER the amount of debentures to be issued under the Bill was limited at 25,000/. Each clause, as amended, was read and agreed to ; the bill was report'd, and ordered to he read a third time to-morrow (Thursday.) APPROPRIATION BILL, On the motion of Air. TAYLOR for the third reading of this Bill, Air, WILLIAMSON according to notice moved, and Mr. DILWORTH seconded, that the Bill h# recommitted, whh a view to move an amendment. Agreed to. Council in Committee. QUEEN-STREET, ONEHUNGA, AND lIOWICK ROAD. Mr. WILLIAMSON moved “That the following words and figure* bo inserted in Schedule D in lieu of items for th# same work* struck out of that Schedule when the Bill was in Committee. “ Onehunga, Queen-street » SOO/. Also—“ ilowick Road - ■ 3dU/.” Agreed to. 'The following sums were also voted : Pilots salary at Hokiangn increased to 100/. Inspector of daughter-houses and sheep 300/. Building for sale custody of deeds - 200/. Air. WHITAKER recommended the Committee to atnke out the salaries of the Resident Magistrates, &0., which had already been provided for by the General Government. Agreed io. The Council adjourned until Thursday, at 3 o'clock.

Thursday, September 20, 1855,

The Council met at 3 o’clock. Piesent the Speaker and 10 members. 'I he Speaker announced the reception of tho following messages from his Honor the Superintendent. Message 35. Concerning Returns of all sums of money spent out of the 2005/. voted lor City Council. No. 36-—Concerning sums to be placed on the Estirna.es for the par: o•» of liquidating the. claims of Messrs. While, and Watchorn, an 1 J. AI a kepi-ace. No. 37 Concern'll;- the sum of IAOt. to he placed on the Estimates for the continuation of the Panin,ire scoria road. PAYMENT OF UNAPPROPRIATED FUNDS. Mr. POWDITCH moved—- “ That a Select Committee bo appointed to enquire and'roport on the matter referred to in a Resolution of a Committee of the whole Council, passed on Alnnday the 17lh September. Committee to oonsi-t of Messrs. J. O Neill, 1)l rrotn, Connell, A. U’Brieo, Tayl >r, and i !ie Mover.” Mr. WHI TAKER moved th? following amendment, — “ Tii.it this Council regaet to find, from a Return now on the table that a large amount of men *y fas been expend <1 by Ids llormr the Superintendent, not only without legal authority, but, in some instances, in direct opnosition to the votes of this Council. “ That although tho amounts comprising this expenditure have not yet been regularly laid before 'his Council for examination under the Audit Act, yet this Council, whilst fully recognizing the necessity and propriety of the exeicLe on some occasions by the Superintendent of hj discretion in the expenditure of money without the same havmg been fiist appropriated by law, fei 1 it to he their duty not to allow this session to close without the expression of their opinion that since the 30th of June Inst a considerable amount of public money has been unlawfully expended in a manlier which there does not appear to have boe'ii any circumstances to justify or excuse, *• That the above resolutions be placed by the Clerk in tho hands of tbo Select Committee which shall bo appointed in the next session to audit, examine, and repo; I ou the accounts of tbs period refeircd to.’' Amendment agreed to.

MESSAGE.

No. 315—Was announced as having been received by the Speaker, who read tho following ; The Superintendent of the Province of Auckland, having received intimation from the linn, tnemb- r who represents the Executive in the Provincial Council that the < uunuil have in their consideration of the Debentures Bill, red iced tin; mte of nrerest, as therein proposed, from JO per cent, to 0 per cent, per annum, takes leave lo recommend to their reconsideration the alteration they have mule. T e Superintendent has already submitted to the Council his conviction of the improbability of raising a loan by debentures at a less rate than that which he has proposed, and now, mill more emphatically, rev iterates that conviction. The Superiutcddent would request the Council lo consider the gonsrqgences that must ensue, should tinGovernment be unable to borrow even the limited sum which the Council have determin d upon as necessity The consequences must be a total suspension of all works which the Council themselves hive, by their votes, declared to be necessary for the welfare of the Province. The Superintendent is led to believe that the Council entered upon the consideration oi schelule D with the avowed intention of passing only such items as, ic their opinion, were absolutely required ; and. in passing these items with that consideration, and with the knowledge boloro them of a deficient revenue, th» Superintendent considers that they almost pledged tl.emsi Ives to provide the necessary means of giving their votes effect. In conclusion the Superintendent would repeat that it is his fnm belief that gt a less rate of interest than do per cent, not the slightest hope peed bn entertained of obtaining the loan required, and that, consequently, lor all practical purposes, the votes of the Council will lie completely nullified.

Ordered to be taken into consideration upon the third reading of the Debentures Bill. DISCHARGED NON-COMMISSIONED OF FI CLRS, Mr. DOYLAN moved “ That the report of the Select Committee on the petition of the 74 non-commissioned officers qnd privates disch'a g tl in Now Zealand, be adopted,” J he report was then read. The Committee to whom was referred the petition of the 7-1 non-commissioned officers and privates, who have left Her Majesty’s military service and become settlers in this Province, having considered the subject of the Petition and examined witnesses thereon, have to report ae follows ; Your Committee are of opinion that the clauses (Nos. D 7 and 38,) in tho Land Regulations, having reference to military and naval settlers, should be repealed and new clauses introduced having a retrospective operation ; so as to put those who have retired or were discharged before the loth day of March last, upon the same footing as those who m ty leave the service subsequently to that date. Your Committee feel that tho proposal to repeal the entire provisions made in reference to settlers of this class in Regulations passed almost unanimously by this Council requires explanation. This portion of the Regulations as it was originally introduced, was struck out by a majority of the Council, and on reconsideration, the clauses as they now stand were adopted hastily; without that deliberation which should have been exercised before altering a wtjl considered measure, Your Committee cannot however admit that the charge of injustice stated in the petition can bo substantiated, inasmuch, as this Council is the first Legislative body in New Zealand which has recognised tho claims of non-com missioned ollicorsand privates to privileges previously enjoyed by commissioned officers exclusively. Dy a strict interpretation ed the Regulations as they now stand, a commissioned officer on retiring here would be entitled to 40(1 acres of land, hut if he should go to England and retire there, even for the purpose of returning to settle here, lie would be entitled to nothing, although he should have served throughout all the New Zealand campaigns. This your Committee propose should also be remedied. Your Committee also think that the scale is disproportionate, and they recommend that it should be amended by an addition of one-third to the present allowance to non-commissioned officers and privates. Your Committee have come to these conclusions on the following grounds;—

j 1. Because they think it just that soldiers who ! have gone through the hardships of the New | Zealand campaigns should not be excluded from, advantages, because they happen to have retired or were discharged before the 15th of March, which are granted to others, who have seen no service but happen to retire or be discharged after that date. An unjust exclusion as it appears to your Ghnimittee of the Petitioners, many*of whom to use the words of one of the witnesses “ have been wounded, and all have performed faithful services to the Colony.” 2. Because your Committee think it politic to hold out inducements to well trained soldiers to settle in the Province, as it may become of the highest importance to have the means of raising on an emergency an effective local force, and which the presence of a number of disciplined men would afford the ready means of doing. /J. Because your Committee I o’ieve that there is a disposition among the discharged 'soldiers to endeavour to obtain their land in blocks, and thus form in fact small villages, thereby placing themselves in a position to render each other assistance, and if occasion should require, they would be readily available in the event of troubles arising from either a domestic or foreign enemy. 4. Because if inducements of the description proposed are not afforded here, such being held out to settlers of this class elsewhere, will deprive this Province of the services of useful settlers and efficient soldieis to assist in the formation of a local corps, jf tie services of such a body should he required. The Act of the General Assembly ui dm tl e authority of which the Land Regulations were put in force, requires a mouth’s notice to be given in the ‘ Gazette” before any alteration can be made, and this of course, renders it impossible that the suggestions of your Committee can he carried into effect during tips session; but your Committee recommend that this Report should be adopted .and that the subject should be taken up as one of the first measures jn the next session, which will probably bs held in the course of two or three months. J. T. BOYLAN, Chairman. The motion for the adoption of this Report having been seconded by Mr. Dieuan,- and sit) ported by Messrs. Whitaker, Powditcu, Dilworth Williamson, Connell, and Hill, it *as adopted unanimously.

SIR O. GIBBES’S PETITION.

Mr, WHITAKER brought up the Report of tha Co in p;i I tee on this petition. Your Committee to whom the Petition of Sir Stmmcl Osborne Gihbes was referred by the Council, report as follows: Your Committee are of opinion that Sir Samuel Osborne Gibbes and others placed in similar circumstances have reason to complain that they are excluded, not from any neglect or fault ol their own, from advantages extended to others, because the Provincial Ex-Cutive Government have not carried out the intention of the Legislature hy appointing agents to grant nomination certificates, Your Committee think that the provision in the Land Regulations, having reference to emigration of this desci iption should be reconsidered, next session by the Council, with a view to the question whether it would not he advisable tq extend the facilities to be afforded. FRED. WHITAKER, Chaim an, Mr. WHITAKER moved the adoption of the Report which was seconded by Mr, CONNELL and agreed to.

DEBENTURE BILL.

Th-f C uncil went into Committee oa the thi d reading of the Bill. Mr. TAYLOR moved that llis Honor’* Message, No. t>B he lak.-B into corsideration. After the Message was read, Mr. TAYLOR moved that the rate of jntereat bj 1 > per cent, in lieu of 8 per cent. Question put, Ayes 5, Noes-8 - The BUI was read a third tinto and passed.

PAN MURE FERRY.

On the motion of Mr. WHITAKER, seconded hj/ Air. WILLIAMSON, a resolution, authorizing a »um of money to be appropriated towards the repair tf the J’anmure Kerry, ami that it be kept in repair until tin* next m.'edng of the Couuci', was agreed to.

APPROPRIATION BILL

Was considered in Committee and tbo following sums voted : £ s. <!■ Messrs. White and Watcbom .. ~ 6 ; 0 0 0 Mr. RLikeoep.ee .. ~ .. 400 0 Q The Bill was then read a third time and passed, after which Rlr. BUSBV moved the following—- “ That a respectful address be presented to bjs Honor the Superintendent, requesting that his Honor vrill U distinctly understood by all persons to whose salaries an addition his been vp ed, that such addition is oirv lempojary and that it has been agreed to in consequence ol the presenlexaesaive expense of provisions. in voting the mpuey for the P* Ice Fore", ibe Council wisbm it to ha understood tl 4C pp sons employed in that force ara not to be employed othe wise than as policemen. Also— ‘ That in voting money for the Waste Land Board, and'the Survey of Waste Land, ibis Council considers that they arp only agreeing to an arrangement which circumstances render necessary to be di». bussed for these purposes, will as a matter ot cq irae be reimbursed to the P.ovincigl Treasurer from the Government Land Fund upon whiqij it is 4 fixed charge. Agreed to.

MU. OE.MSBY'S MEMORIAL.

RJr. Will TAKER with the leave of the Cquncil would move the notice standing in bis name for Friday,— “That the petition of Rlr. Arthur S. Ormsby be taken into consideration.” 'The memorial having been read, RJr. WHITAKER moved an! Mr. WILLIAMSON seconded the follow? ing resolution which was asrreed to. “ That under the peculiar circumstances of Mr. Ormsby’s case, it is expedient, with a view to render ibe Uo.iiku block of land available as e?ily as possible, that the Waste Laud Board should be authorized to comply with Mr, Ormaby's request. There being uu other business before the Council it was adjourned until Saturday at ‘f, o’clock, for prorogation by his Honor the Superintendent. The proceedings ol which we have already given.