Legislative Council.

New Zealand Herald and Auckland Gazette, Volume I, Issue 41, 8 January 1842, Page 2

Legislative Council.

Thursday, January 6th, 1842. The Council met pursuant to notice, and all the Members were present. MUNICIPAL CORPORATIONS BILL. On the motion of the Colonial Secretary, the Municipal Corporations Bill was proceeded with. Clauses 1,2, and 3, were read and agreed to, when, on clause 4 being read-, Mr. Earp rose, according to notice, and moved as an amendment, that the 4th clause be amended as follows : after the word “ market-place,” in-line 38, insert *• the regulation of weights and measures ; the re gulation of ofheean, butchers’ meat, and other provisions, and the seizure arfei forfeiture of unwholsome provisions, exposed for sale; the suppression and restraint of disorderly houses, and houses of ill fame ; and the regulation of 'porters, drivers, carters, and watermen;” after considerable the question was put from < the Chair, that! the said clause be amended. Ayes 2—Noes 5. Mr. Porter then moved, that the Bth clause be amended, as he thought it necessary for tlfe Government to grant frontages to the Corporation, to enable them to erect docks, wharfs. &c., so that the public might have a good landing-place, The Governor said, he had received strict instructions from the Home Government, not to give land away, but seeing that it would be necessary to make certain grants, he had written home on the subjet t. Mr. Porter contended, that without Government granted water frontages to erect wharfs, &c., Auckland could not get on so 'rapidly as it was likely to do, and he was aware, that the Government of South Australia had done so. The Governor said, Mr. Porter was quite correct, and he agreed with him that it was necessary to grant water frontages; but until he received instructions from the Home Government, he could nottlo anything in the matter. Mr. Porter, according to notice moved that the sth clause be amended. The Governor said that, although he should see the necessity for allowing the Corporation to erect docks for shipping, yet he would not feel himself justified in going so far as to yield up the consent of the crown without previously communicating with the Home Government on the subject, a step which he deemed indispensably necessary to be taken. Mr. Earp then rose and said he would move that the said clause be amended, by inserting at the end of the clause the following words: “ Provided always, that nothing herein “conlained shall affect the rights conferred upon “ any Body Corporate by the Parliament of “Great Britain, nor the rights and privileges of “ individuals holding lands under, or having pur- “ chased lands from such Body Corporate.” for though it might, in the shape in which it was put, be highly satisfactory to the inhabitants of Auckland, he well knew that it would meet with 1

a very different reception at Port Nicholson, where in the plenitude of security, many individuals had already erected wharfs, whilst by this clause as it stood the Corporation had power to erect other wharfs or docks, and thus destroy the vested interests of those individuals who had so embarked their capital under the security long felt and generally understood at Port Nicholson. The Governor remarked that in the present state of the proceeings he could not interfere with the New Zealand Company, he had already written to the Home Government on the subject of their affairs, as connected with his Government for instructions how to act in reference to them . He had since he had assumed the government of New Zealand, he had made greaj concessions to that company, but if Her Majesty’s Home Government desired him to take possession of the water frontages he would of course do so. In making the concessions he had, he was actuated by feelings for the public good; he had guaranteed that Company their clams to lands excepting in so far far as the natives are which must be derived from them, without having been made by him, the credit qV the company would have suffered irreparably. That Company has sold water frontage which they had no right to dispose of. He did not wish to interfere with the rights of the crown, nor would he do so. His Excellency expressed his satisfaction that the matter had been mooted, for it gave him an opportunity publicly of explaining the matter in question. Mr. Earp then withdrew ffis amendment, and the question being put from the chair, that the clause do stand, as it originally stood, a part of the Bill, on a division the uumbers were. Ayes, 6 Noes, 1 5 Mr. Earp and Mr. Porter wished the Council to elect their own Mayor. Mr. Shorthand objected to this proposition, aud instanced the Auckland Newspaper and General Printing Company, as a strong case illustrating the good effects arising out of such a mode of election. In the Honourable gentleman’s opinion it would be better to allow the Bill to remain as it stood. In the company referred to, the great body of the shareholders were mechanics, and yet they had the discernment to elect five of the most respectable gentlemen of Auckland to act as trustees. Mr. Porter observed, that the trustees elected their own chairman, to which Mr. Shortland replied, that in the last election, of trustees of the Printing company, the gentleman most accustomed to business pursuits, whs found to be at the head of the poll, and the result has proved that the whole management of its affairs had devolved upon him, which he had satisfactorily discharged. So it would be in reference to the election for Mayor. The most business like Member of the Council would be found at the head of the poll, and his election would be secured. He therefore could not be persuaded to sanction a mode of electibn at variance with the principles of free and unbiassed voting , for a commnity composed of free subjects. Mr. Porter, according to notice, moved that the 39th clause be amended as follows: after the word “shall’’ in the 246th line, expunge the word “ always,” and insert the words “ at the first election.’’ In the 248th line, expunge the remainder of the clause after the word “ votes,” and insert the following : “and at all subsequent elections the Mayor shall be elected from among he Aldermen by themselves.” Upon the question being put, that the said clause be amended, the numbers stood thus : Ayes .« 5 Noes 2 Majority for the Amendment.. 3 Mr. Earp gave notice that he would, on Friday the 7th January, 1842, move the addition of a clause after the 56th clause to the following effect : that none should be held eligible to vote but persons holding property, upon which The Attorney-General remarked, that he considered that there were many persons, not householders, but who had an interest in the various townships ; gnd would, therefore, in all likelihood, wish to have the right of voting. Mr. Porter had known instances of bribery being practised in voting for mayor; he had known as much as £IOO. to have been paid for a Corporation vote. Such proceedings, having an evil tendency, should be guarded against, tor any person, as the Bill stood, could purchase up the whole of the votes, and thus use them for sinister purposes, which might operate against the best interests of the town and corporation. Mr. Shortland said, that the last clause unequivocally guarded against bribery being practised ; the honourable gentleman thought the clause and the Bill should stand as it was.

Mr. Earp thought that the contents of this clause savoured too much of chartistism, the privileges for voting extended too far, too much power was given by this clause in the bill. Mr. Shortland contended, that any respectable person paying rates, should be entitled to vote. The Governor was of opinion, that so long as there was no great advantage to be gained by civic honours in New Zealand, so as to hold out inducement for bribery being practised, there was no great room for fear, that it should even be adopted by candidates for the civic chair. Mr. Cooper said that Mr. Jones, he was informed intends giving a civic feast when elected, (a laugh). The Attorney General observed that Mr. Jones was his informant, that Mr. Porter was generally esteemed the fittest person to be elected Mayor. Mr. Porter thanked the Attorney General for the compliment he paid him, but he believed, that, in the discharge of tjje duties imposed upon him, in his private business, and other occupations of a public nature he should find that his time was fully occupied. Mr. Porter rose and said he would be glad if the Government would allot the site of the Colonial stores in Commercial Bay for a market place, but the Attorney General remarked, that it was not the proper time to moot the subject for discussion, as after the bill had passed through the Council, the Corporation would be empowered to request the Government to make special grants of land, in a convenient situation and of suitable dimensions for the object stated, Mr, Earp gave notice that he would on Friday the 7th January, 1842, move the addition of a clause after the 56th clause to the following effect; “ That the Mayor shall be a Magistrate “ during his continuance in the office,’’ His Excellency was pleased to give his assent to the following Ordinances—- ~ • .♦ 1. “ Registration Ordinance,” 2, ‘‘New Zealand Company’s Ordinance,’’ Council adjourned to 12 o’clock, on Friday the 7th January, 1342, ORDERS OF THE DAY, Friday, 7th January, 1842, 1, Further consideration of Municipal Corporations’ Bill. 2, “ Postage Bill,’’ third reading, 3, “ Conveyancing Bill,’’ in Committee, FRIDAY, 7th JANUARY, 1842. All the Members present. The Council met pursuant to notice. His Excellency the Governor in the chair. The minutes of the last meeting were read and confirmed. MUNICIPAL CORPORATION BILL. The Colonial Secretary moved the Order of the day for the fa ther consideration of the ** Municipal Corporation Bill.” Mr. Earp said, as the Bill stands, he thought it was a great hardship for respectable persons, who might be liable, and yet refuse to serve the office of mayor or alderman, should be fined in the heavy penalty of £SO; for he was sure that under the elective franchise, such persons would not come into Council. He should, however, not make any amendment. On the question being put from the chair, that the 43rd clause be agreed to, the numbers were Ayes ... 6 N0e5........ 1 Mr. Earp, according to notice, moved the following clause* after the 56th clause, “ That the mayor shall be a magistrate during the continuanceof office.” He thought that the very least that could be conceded to the head of the corporate body was to invest him with magisterial authority. The principal reason for his mooting this amendment, was to ascertain the reason why a mayor could not be made a magistrate. The Governor in reply said, in the first instance,, it was only in the power of the Governor to issue commissions of the peace : and secondly, when this colony was a dependency of New South Wales, that his Excellency did not possess the power to> make magistrates ; this was the sole provision of' Sir George Gipps. tn England, aldermen were uot created magistrates—there were no ex officio magistrates there—-why should this colony swerve from the rule laid down in the mother country.—— Mr. Earp then withdrew the amendment. Mr, Earp, according to notice, moved that the 66th clause be amended, after the word borough,, in the 385th line, expunge the remainder of the clause,and insert the following, “ The council shall haue power from time to time, but not exceeding once in every quarter of a year, to levy a just and equitable rate or assessment, in the nature of a Borough rate, upon all proprietors and occupiers of houses, shops, warehouses, counting-houses,, lands, tenements, and heriditaments, within the Borough.” Upon the question being put, that the said clause be amended :

Ayes 3. Noes *4. For the original clause— Ayes 4. Noes 3. Mr. Porter requested permission to amend the 741 h clause as follows : after the word “Act,” in the 422nd line, insert the words " and money “ received for Publican’s Licenses.” On the question being put that the saidclanse be amended— Aye 5,,...... 3 N oes 4 On the- question being put that the original clause do stand part of the Bill — Ayes 4 Noes 3 Mr, Earp requested permission to withdraw his proposed amendment to the 75th clause, and gave notice that on Tuesday the 11 th January, he would move that the said clause be amended as follows : after the word “ maintain,” in the 432nd line, insert “ and also to levy a light due “ upon all vessels above 30 tons, which shall *'* enter the harbour of the Borough, except in the “ case of Her Majesty’s ships of war, or vessels “ in the employ of the Government of the colony : “ Provided always, that such due shall not exceed 4t three pence per ton upon the registered tonnage “ of any vessel, nor shall any due be levieu until “ such light as aforesaid shall have been erected “ and be in operation, ’’ Mr. Clendon requested permission to withdraw his proposed amendment after the 77th clause. On the motion of the Colonial Secretary further consideration of Bill postponed until Tuesday the 11th January, POSTAGE BILL. On motion of the Attorney-General, seconded by Mr. Earp, the Postage Bill be read a third time • On motion of the Colonial Secretary, seconded by Mr, Earp, the Postage Bill was recommitted for the consideration of clause 19, Moved by the Colonial Secretary, that the 19th clause be amended as follows, before the word “ neglect” insert “ wilfully.” The question being put from the chair, the same was agreed to. Mr, Porter moved that the said clause be amended by inserting the word“ wilfully” before the word delay in the 99 line, The question being put from the chair, that the said amendment be agreed to, Noes 4 Ayes 3 On motion of the Colonial Secretary, Bill read a third time and passed. The Colonial Secretary, from the Committee, to whom was referred the Standing Rules, brought up their report, which w as laid on the table, and the same was ordered to be taken into consideration on Tuesday, 11th January. On motion of the Attorney-General, seconded by the Treasurer, consideration of “ Conveyancing Bill” in Committee, on Tuesday, 11th January. ° On motion of the Attorney-General, “ Summary Proceedings Bill,” read a first time. Council adjourned until 12 o’clock on Tuesday, 31 th January, 1842. ORDERS OF THE DAY. 1. Consideration of Report on " Standing Rules.’’ 2. Consideration of 75th clause in Committee of “ Municipal Corporation Bill.” 3. Consideration in Committee of " Conveyancing Bill.” J *