PROVINCIAL COUNCIL.

New Zealand Herald, Volume I, Issue 300, 28 October 1864, Page 5

PROVINCIAL COUNCIL.

THURSDAY, OCTOBER 27th, 1864 Inn SrKAKKii took the chair at 3 o'clock, prec'iselv The Council sat at the usual hour, 16 mcmbVra being present. The minutes of the previous meeting were read and confirmed. , _ A PETITION" presented, .by but being unsigned by the petitioner was, rejeetejL ; . . iivßjsribsS. . , jlr. J- o'Nkii.l h'sked the lion, iiienibcr fpr Raglan, according to notice, "Wiiut arrangements,. if any, Jiavo . been made for tho-inmates of t-he City Gnol, in. the event of the s:de of the present site of the Supreme Court buildings." He said that it was reported that the old hulk had been bought and was .to be used for tlio confinement of the present inmates of the City Gaol. This iiii,dit answer for persons who were awaiting for trial but it was manifestly in,proper for the confinement of debtors, and still more so for the crowd of females nt present confined m the gaol at Queen-street Mr. Js'kw.man said that tho Provincial Government bml no control over the disposal of the site of the city gaol. But a sum had been placed on the cstimates for providing additional accommodation for some classes of prisoners. The new lock-up was nUo ill progress, and would bo soon ready ; and a lar-e number would bo accommodated in' the new building now in progre-s at the Stockade. it. was not int uded to use the hulk for the confinement of prijotters, unless it should prove to be absolutely necessary, although an offer had been made ior her and the subject ol her purchase is under consideration. Mr. Ball asked the lion, member at the head of of the Executive, pursuant to notice, " Whether it is the intention of the Government to provide, during the present session, for the settlement of equivocal ami disputed laud orders issued under the "Waste Lands Act. ISoS." 3lr. XkitM.W replied that the resolution on this Subject now proposed to be introduced by tho Pro-Wm-'sl Law Oilicer v.-.-i;, by some nivcterious neglect of the Committee of last Session, omitted. The resolution would be soon brought up, and it would provide a Board to relieve the Private Grievance Committee from their arduous and unthankful orliee. Dr. Poli-k-V asked the lion, member whether the phrase "mysterious neglect" was intended to apply to him (Dr. Pollen), and being informed that it was, he said that if so it was a gross impertinence. It was not a "mysterious neglect," lis the hon. member had had the presuniptiou to •■jtialifv it. Mr. Ro« k to ask the lion, member at the head of the Executive, pursuant to notice, (1) "What steps have been taken to test the value of the coal discovery recentlv made in the Bay of Islands district. (■>':< What amount of wonev has been exnended in connection with those-words'. (3.) Whether it is intended to continue to work the mines on the account of the Provincial Government, or to afford facilities for *orkiiig the eanle by private enterprise/' He asked these questions not ui a fault-finding spirit, but with 'he. sole view of eliciting information. He quite approved ,ot aov .proceeding which, would have the stiect of opening up, the mineral wealth of the Pro-TUK-e. liv.t there vrere several parties only waiting for favorable information to embark in the operation, and as they were not now present in this country, it would be highly advisable that all information that could be procured should be seut away bv the outgoing mail. With regard to the second question lie did not seek to ascertain the cost, but merely the approximate expenditure. Mr: yEWMAS replied that shafts had been snnk and specimens sent to the ' Wonga Wonga' for experiment. Twenty-five bags of it were landed on the ■jlinrf tweiity-iour lioUrs since, dud five bii'gfl of it were, lie expected, now in Bellamy's", for lion. members to judge of their quality. The great desire of the Superintendent was to be able to send down good specimens of the coal, to the Exhibition at Otago. itli regard to t,be expense, this had been augmented beyond anticipation by the fact of tlio water having flowed into the shafts and the seam being found to be 12 feet 3 inches in thickness. This had necessitated the sinking of tho shafts much deeper. He expected the expense altogether would not exceed £'200, Init the trial would close this week, and then he would be able to iuform the House exactly. There w»< a lUantity cow .ready packed in boxes to go tollunedin. Jn reply'o the hon. member's third question, it was not the intention of the to-, propose that the Provincial Government should woik the mines themselves, but either lea.se them to aeompany at a fixed rental, or to let them on a royalty. message no. -17 was then brought down and read. It submitted to the consideration of the Council "A bill to appropriate the revenue for the year 13G5, with an estimate of the revenue of this Province of Auckland for the year 186-5." . Appropriation Pill and Estimates ordered io be printed, and read a second time to : morrow. . . MOTIONS. The petitions of Walter Simmons and of James and Louisa 1 iddy, were, on the motion of Mr. Cahletox, aud of George Hill, oh the motion of Air. (Joollhax, referred to the Private Grievance Committee. . . Mr. Wrxy moved, " That- a respectful address be presented to his Honor the Superintendent requesti/ig him to forward to this Council al! oflie-af correspondence that has taken place between the Provincial Government and Mr. Austin, veterinary surgeon, from the time that Mr. Austin was appointed Inspector of Cattle to the time of the acceptmceof his resignation." lie said that before the '•ominittee, Air. Austin had stated that he was in posses-ion of many letters received by him from the Superintendent, but he was unable to plate before the Council the letters sent by him to the Superintendent, and in order that that they might have the fullest information it was desiiable they should be in possession of them. Motion carried. Mr. \\ vn>- moved, " That the paper enclosed in message Mo. 45, of his Honor the Superintendent, be printed.'.' Mr. Wvxs said that a claim for a a larue quantity of land had been made by Colonel Kenny, which lm'd been referred to him as Law Oilicer, and which he considered to be entirely without validity ; but there appeared to be a great desire on the "part of some persona in authority to force this claim upon the Provincial Government, and he thought the Council might perhaps be saving public money by ullowing til is correspondence to be printed, so as' to be in a condition to judge what the value of the claim really wus. Motion carried. Mr. Cahixton moved, "An address to tho Superintendent requesting copies of all correspondence and all legal opinions obtained thereupon by the Government, from the late Provincial Law Oilicer or the Attorney-Geneial concerning the issue or refusal of land grants to claimants" under section 4 of the Auckland Waste Lands Act Amendment Act, 1862." He said that it concerned the Council to be made acquainted with this correspondence, as it might have some influence on the decision of the Committee on the Waste Lands. There was some difference between certain clauses in the Waste Lands Act, as how existing, and the corresponding clauses of the original Act. There was something to be said in *ayor of both sides. The question was whether claimants must be resident wholly within the Province for thirty-six months after having once become entitled to their land. Under clause 79 such residence is necessary. Under the amended clause it is not. The Provincial Law Officer, when the question was referred to him, gave it, as his opinion, that the rentinuous residence was indispensable. Tho Attorney-General, oil the other hand, had decided to the contrary. It was desirable this doubt should be set at rest. Mr. Wv.v.v was happy to second the motion. Strictly speaking it was a matter that did not fall within the province of the Law Officer to advise upon, but when referred to him he had given tho opinion stated. That opinion, if acted upon, would, no doubt, lead to very considerable hardship, and he should be l e-ry glad, indeed, if the Attorney-General's adverse opinion should prove to be a sound one. Mr. Oaiti.eton observed that since the first appointment of a Provincial Law Oilicer, his duties had be- ( ome more and more restricted. Mr. Wiiitalcer was the first oilicer so appointed, and he acted as the Law Oilicer of the Council as well as of the Superintendent. was then the duty of the Law Officer to draw private bills for the Province, as well as for private membeisof the Provincial Council who were not supposed to have the legal knowledge of how to put ttieir ideas into the form of an Act. If this involved ?" creaKe of expense for salaries, he, for one, Should be quite ready to vote for it, as he thought it necessary. The motion uai carried.

Sot'ick or atotiow. JMr. GAi.t.AticJi/ftt gave notice of a motion relative to a meeting at Onehunga. TJ . MKSSAGE NO. 48. , , V 0 ,V? ttlu expenditure for tho inspection of l T ' ilnioun ti"g to £314 3s. 5d., was then brought down and read. Kivft r OL V KN n \ for its being printed, and Mr. r? r s . cm g referred to the itccent Appointituts Committee ; both which motions wcro adopted. J ... . • MKSBAC?IS no. 49 Referring, to ciiciosijjg copies 6f correspondence relative to the appointment of the Engineor-iri-Chicf; --bought down and laid on tho table. . -A •. Council then went into committees on the Municipal Pplico Bill." Mr. iiAr.L moved, "That a respectful address bo presented to.his Honor tin Superintendent, requesting him to .send down to. this Council a tniein" of such portions of the trunk line of tho. Great. Korth lvoud as lmve already been surveyed, with-an account; ot all works executed thereof), dialiitguis'hin.T between sucli works as have been executed by General Government and Provincial lunds ; also the names of the gout lemon to whom certain Keelions ot the works lime been entrusted, the instructions with which accompanied, with any reports of Provincial tsur\eyor or others relating thereto/' Ho represented the inconvenience that had arisen from these works being conducted witJi Government money without adequate supervision. Although the nat'ivo labor was employed, it was still tho special business of the Provincial Government, to find out. that it lmd had a ijittdpro quo for the money diobureed. The motion was carried. Cakletox moved, " That the report of the committee on the Waterworks Bill bo printed." lie explained that the committee had abstained from expressing an opinion themselves on tho matter that luuf been brought before them ; but they had obtained as much information us possible about it; (Jitess the Council had the proposed amendments before it, it would find great dillieulty in comprehending the reasoning on which they were based. It. so happened that a very small amount of evidence was taken before t.ie committee of last session—not more th'au liajf a page ol print, and instead of calling again before them the gentlemen who had given it, their evidence liavo been embodied in the report of tiiis session. It was not m the committee's province to euquirc into estimates. The Council woub' consult its own convenience as to the printing of the report. -Keport ordered to be i-rinted. l'lie Council then went into committee on tho JH'MCipai, foi.iCE iiti.r.. Dr. I ou.EN- said thero was great danger in tmrke- "!=. W! "'' Tl , s vr;LS tlle third ort'ourtli time this Municipal Bill had been before the Hoii-e. There «<is <tn attempt to satisfy the mere erotcheti The time of tins Council ought „ot to be taken up or the M,-<ti::e-boolc encumbered bv legislation of tin's kind w.thout some urgent necessity. No such necessity ;\ r «yw» to the satisfaction of the Council. ' (Clause IS.) 3fr. Caßi.Ktox said Ihe ol>jOCt of this clause was to enable two Justices of the Peace to act, whether the .Resident Magistrate were absent or not. Hitherto the the two Justices of the Peace cordd only iict in the absence of the Kesident. Magistrate- lie (Mr. Carleto'nJ lad always beeii desirous of increasing the power of the paid magistracy, and was fomui, tlnit their authority was not always sufficient to meet <sises which from time to time occurred. , ' Mr. Wy.v.v thought the time had eotiio vvii'ja thpre should be some distinction between the city and the country. The wants of the country were dill'eiont from those of tho city. What was a nuisance in the city was not so in the country. What was dangerous in the country was not so in the city. A man might have a chimney on lire in the country, and there might not be another chimney within twenty miles, and if he wanted to set his chimney on lire he endangered nothing but his awn house. Ho thought the bill required recasting altogether. He thought t here should be two bills. He would: at least prefer two bills. Mr. CAitLr.fo>: said whatever faults were in litis bill were common to both acts —the old one and new. The present measure, however, in many respects provided a rema'ly for a state of things which was not contemplated by the frainers of the former act. Mr. Wvxx thought that tho Council in the next session would require the strict performance of the duties of police. The defects of this bill would then come under the notice of the Council, and it should bo tisbud to legislate, in all probability, again upon t lie same subject. The only measure that could be considered adequate, was oiie Xrbi'ch would take permanent eS'eft.. lie thought that it was tit't'CSßßry to -have tv.o bills—one applicable to the country, and the other to the city. ■ , Mr. Kowk said that he was of opinion' that the -, provisions both of this bill and the former one were inapplicable to the country. It any change should be made, the change should be effectual. It appeared to him that if they were to pass this bill in its present shape, its passing would not supersede tlic necessity of bringing in another bill at an earlyperiod. Xow that the Council set themselves to do what was considered a necessary work, it ought to be done in such a manner that,J upon soirio future occasion, they would not be called upon to legislate in respect to some existing defect. If they went on with this bill Njtnc honourable gentleman would ask the House to pass a new bill next session. As no great- evil could possibly result from allowing tho law to remain as it was until some measure wore introduced which would be supported by the Council, he thoe'ifht it would be better jto postpone the corisideratioiT of tin's .iubject until some really adequate remedy .-hould be provided, lie felt mo/'o strongly in respect to this bill than he liadfelt oil the previous sitting, because lie felt that its passing would only perpetuate an unsatisfactory state of things. Mr. aeivmax said he had been very much guided by the representations of the Commissioner of Police. He was not a law-uiaker, and this matter rested with the late law H-h'i-cr. In consequence of these representations =o" made, hi foyncl it compatible with his duty. He (Mr. Newman) coulff tot father a single clause ol the bill. Put if the Council dTd njt think [he bill adequate to the purpose, lie had 110 objection to withdraw it for the present, and have it remodelled, so as to meet the wants indicated by lion, members. Mr. Kkiiii thought that Die bill should not be eonfined to Auckland. It was known that 111 the vicinity of the boundary of the city, the police authorities found considerable dillieulty in performing their duty. He thetight that the country should be provided for in this bill. Mr. 1i.0v.-E : The lion, gentleman ha* misappro- - bended the objections in this bill. The objection was simply that it did not provide effectually for the country. The objection was, that what was applicable in tho town was wholly inapplicable in the country : and that provisions which might be made for one were impractical or inapplicable. Dr. Pollen was sure that this was not a bill which tho 11011. member (the Colonial .Secretary) himself would oppose. It was evident that this bill coil'ained all the delects of the bill. He would move that the Chairman report progress, and ask leave to sit again that day three months. Mr. GalU.kto.v begged to speak to a point of order, lie thought it was sufficient to movo that the Chairman do report progress. Mr. Wv.nn, to order, said it appeared to him that the proper way was that the hon. member should move that the Chairman do leave the chair. The motion, that the Chairman do report progress, was put and carried. The bill was, therefore, thrown out. The Sveakeu. having'resumed his seat, the following MKSSACi i:s were read:— 60. The tM'I'KItiN'TKNIiKNT laid before the Provincial Council a comparative statement of sums of money voted for the service of the Provincial Government for the year ending 31st December, 18t>.3 ; the expenditure 011 account ot that period, the amount, unexpended, and tho amount expended in excess ol I votes without votes; also, a comparative statement showing the sums voted for the service of the Provincial Government for the year ending 31st Dec., lyO-t ; the expenditure ending olst September, 1815-1, and the balance available on each vote, and the sums paid 011 account, not specially provided for. On the motion of Mr. Ni:\vsl an, it was ordered that this message should be printed and referred to the Audit Committee. Ox. The Ht'PEitiKTEN'DEMT returned to the Provincial Council the Government Contracts Act, and proposed for the consideration of the Council tho following amendments, viz., —Ist, In clause 1, alter the word 'such' in line fi, to omit the word ' appointment.' 2nd, After the word 'seem,' in line II of the same clause 6, omit the words ' to whom, oil conviction, one hall' portion of the said penalty shall be paid.' On tiie motion of Mr. King, it was carried that the j amendments recommended by his Honor should be I considered to-aay.

52; The SnivKiiiMTHNDKNT informed tho Council 0 that ho had placed 011 the estimates a sum of .-CIGUO, tho amount Of a portion of tho Crown allotments set apart as a n'aval reserve given tip to tho province in X consideration of expenditiir6 on arioth6r tittrnl reserve of that sum in the erection',of a house and oflice f'ov 1 the use of the Commodoro on., this station'. The Superintendent, desired to explain to the Council'the ' arrangements ho had made some time back in rosjieet to this subject. Orders had boeu issued by the Ad- " miralty directing that during tho continuance of the .Native disturbances in the Colony, Auckland should « be made the head quarters of the Australian squadron. ,■ Irt ordfcf t'j tdford the conveniences required for this purpose, it was tfCcCcsKry that certain buildings . should be eroded' on the Ti':lval n-sefve. As the (jcqcral Government lia'd no I'tiit'ls /i.r (his purpose, it was proposed to sell a portion of the reserve to i ''"' V the cost of improving the remainder. An oiler was • made to transfer the allotments numbers 7, 8, !),'and 10, of section lt>, of tho City Auckland, to tho Superintendent., under this I'ublic Keservis' Act., on condition Unit lie won d euct the required buildings ft a cost not exceeding the portion on the naval icsorvc in Pav. Tbe .Superintendent considered that it would lie n.e>! advantageous to aecuro tho allotments olfeied, and agice'd fD the proposed arrangement. It ivas now competent to the Co'<"eil to vole the .CIOOO that had been expended, in which case the Provincial l\um il would retain the allotments, or otherwise tie-, allotments might bu sold in order to defray tiie expense mentioned. Oil tho motion of Mr. Ni.wM an, it was ordered that his Honor's message should bo considered 011 Tuesday next. '('here being 110 further business before the Cou/i----cii, the House adjourned, at quarter past five o'clock. NOTICES OF MOTIOK.—PntoA,-. Mr. Gai.fjAt'<;llKH to ask the hon. member at the head of tbe Executive, " What steps tbe Government intend to take in reference to a resolution passed at a public meeting held in Onehung.i oil the Lltll August last, and transmitted to liis Moii'.r the (Superintendent by a deputation frenn said meeting. It- runs thus:—' T'iiat ftis'l/oiior tlm' Superintendent bo re- j quested to send down to the Provincial Council at, its . first meeting, a bill for the purpose of vesting t-I'O { harbour endowments iff. the Port of Onehunga in Commissioners, with tie-n jcessary papers,'" Dr. I'oi.i.k.v to ask tho Provincial Treasurer, '" Whether any correspondence has passed betr.-e iu the General and Provincial Governments on the subject of the apportionment of the Customs revenue for the year IStio." Sir. Po\v>: fo move, 011 a future day, "That in the opinion <jf f bis Council, it is expedient and desirable thai tbe volunteer and militia companies who have been engaged oil actual service during tbe pres nt insurreefion in th'is Province should tie entitled to the .privileges granted ill the military settlers' cluti*c of the Aucl-hind Waste Lands Act, ISoSl." ill - . Caj'Max to move, on a future day, t( That Message No. -10 betaken into consideration." OIvDEKS OF THE DAY. Fittiuv. "Weeds aud Watercourses Kill—second reading. Watcrwoi-ks Appropriation Hill —third reading. City Pnildiug Act Amendment Pill—in committee. Appropriation Hill—second reading. Superintendents ami Government Contracts Act — to be considered. v . TVesi>ay. j Adjourned debate on tbe question, 1( That an wldress be presented to bis Honor the Superintendent, requesting linn to take .-te|'j to invest oil mortgage tin? money now placed to tlic credit ot tbe College and Grammar School in the Union Punk, such mortgages not to exceed the period of three years." Highways Amendment Hill —third reading. 1 Message iso. 5-, relating to building a house fori the Commodore—to be eonsiderid. 1 _ !