LEGISLATIVE COUNCIL.

New Zealand Herald and Auckland Gazette, Volume I, Issue 38, 29 December 1841, Page 2

LEGISLATIVE COUNCIL.

Tuesday, 28th December, 1841. All the Members present. The Minutes of the last Meeting were confirmed. COUNTY COURTS’ BILL. The Colonial Secretary moved the order of the day :—The further consideration in Committee of the “ County Court’s Bill.” Mr. Earp, pursuant to notice, moved that clause 10 be amended as follows : After the figures “ £2o,’’ in 38th line, insert “ unless such debt shall not originally have exceeded £IOO, in which case it shall be optional with the Judge to receive it at his discretion.’’ The Attorney-General then rose and said, he thought he should be abie by adding a single word to the clause as it stood in the Bill, to induce Mr. Earp to withdraw his amendment; and without in any way enlargingthe Jurisdiction of the Court. He proposed to add the word “ disputed” before the word “ balance.” The Court would then have cognizance in all cases, however numerous might have been the previous transactions of the parties, provided that the balance sought to be recovered did not exceed £20., and provided either the amount was questioned, or by whom it was due. Mr. Earp in reply said, that he did not see that that made any difference in the Bill. What he complained o f was, that the Bill did not go far enough, and as he had before told the Council, that were it to pass in its then state, it would amount to a prohibition of justice in nine-tenths

of the cases which would come under the jurisdiction of the County Court, simply for the reason that most accounts were disputed, and if a debtor by disputing an account could gain time by causing it to be referred to the Supreme or Circuit Court, he would do so. In short, it was giving the Court less power than was accorded to the roost petty Court of Requests in England, and he much doubted whether any respectable man would be found to accept the office of Judge in such small matters. He thought, if the Bill were to pass in its present state, it would be a great hardship on the mercantile part of the community, and he should press his amendment to a division. After some further discussion, the question was put from the Chair, “That Mr. Earp’s amendment to clause 10, stand part of the Bill.’’ The Council then divided, when it appeared as under; For the Amendment , Against the Amendment Mr. Clendon. The Colonial Secretary. Mr. Porter The Attorney-General. Mr. Earp. The Colonial Treasurer. The numbers being even, the Governor gave the casting vote against the amendment. The Attorney-General then moved, that the said clause be amended as follows, before the word •' balance,” in 37th line, insert the word “ disputed.”—Agreed to. The Attorney-General, pursuant to notice, moved the following amendment to the 14th clause :—ln the first line after the word “ equitable,” insert “ to the amount of not less than Twenty Pounds.” Agreed to. The remaining clauses were then agreed to. The Report of Committee brought up. The Colonial Secretary then moved the order of the day. The Attorney-General moved, and the Colonial Treasurer seconded, that the Bill be read a Third time. Bill read a Third time, and passed. REGISTRATION BILL. The Attorney-General in moving the Order of the Day, for the second reading of the “ Registration Bill,” said, that in its objects, it was similar to Bills which had been passed in almost every colony, in Ireland, Scotland, and in some of the counties of England. But, as a system, he believed it was the most complete in operation, either in Great Britain and its dependencies, or in any foreign country. Ithad been framed, in a great measure, on the Reports of the Real Property Commissioners in England; and in their Report was to he found some account of the various modes of Registration adopted in different countries. Owing to the difficulty of engrafting a complete system of Registration on a complicated pre-existing legal system, all attempts to introduce one general plan in England, had hitherto been unsuccessful. One important deviation bad been made from the plan proposed by the English Commissioners ; instead of having one General Registry Office on the centralizing principle, the Bill proposed for the consideration of the Council, provided that each district should have its Registry Office. He did not think it would be fair to aggrandise the capital at the expanse of the other settlements. It would be most inconvenient too for the people of Port Nicholson, Taraniki, &c. to have to resort to Auckland, in order to complete theii titles. To constitute one central system, would be at variance with the principle of local self-government, which was more especially necessary in such a colony as New Zealand. The object sought to be attained by the Bill, was to render titles to real property secure—to enable a purchaser to ascertain that he was buying a good title, and a party lending money, that his security was safe. The success of the plan would greatly depend on the surveys and on the accuracy and skill of the Registrars ; if fairly carried out, however, he felt confident it would prove a great public benefit, and become one of the most popular institutions in the colony. The Attorney-General moved the Order of the day for the second reading of the “ Registration Bill.” On motion of Mr. Cooper, Council in Committee on said Bill. The Attorney General moved that the word “ Land ” be added to the heading of the Bill, which would then read “ Land Registration Bill ” Repeal of Bill as amended in Committee brought up and agreed to. On motion of the Attorney-General, seconded by Mr. Cooper,—The standing rules being suspended, Bill read a Third time, and passed. Council then adjourned till 12 o’clock tomorrow. ORDERS OF THE DAY. Wednnesday, 29th December, 1841. 1. “ Postage Bill’’—second reading. 2. “ Conveyancing Bill”—second reading. Friday, 31st December, 1841. 1. “ Municipal Corporation Bill”—second reading. J. COATES, __ Clerk of the Council.