PROVINCIAL COUNCIL.

Otago Daily Times, Issue 531, 2 September 1863, Page 4

PROVINCIAL COUNCIL.

TUESDAY, SEPTEMBER Ist. There was no quorum when theSpjaker took the chair at four o'clock ; and he rati red until ten minutes " after four, when he resumed his seat. After the minutes of the previous sitting- had been' rea-l, The SPEAKER ca'-led the attention of the House to the fact that there was no quorum at four o'clock; Mil that according to the Standing carder ou the suljeet, he was require 1 under such circumstances fr> adjourn the House until the hour of the next sitting. He w;^, however, enabled to avoid the necessity by reti:in 3 h- , m the chair for a few miuutrp. It would be well if members would regulate tlieir watches hy j the clock at Mr tSever) \ '*-. ; PETITION. I n M\ BJ I), C[I presented a petition from George mim, ot lark j-Jon?e, hoarding ho:;se keeper, lie pressjited the petition afc the previous sitting; but withdrew it in consequence of some informality iv the word lli? . i-he petitioner alleged that he had wl !° n ancV :iOJ- i!,iu" the Town Belt, a large liou.e a, a bo-irdmg l.cusa, which from iv» situation, &&u- Well Patronised and brought him t-P Wi m / buy\COU '-cil^Kce ofthe erection oftht T ', : ' y {?° W, the Imin, -S-ation) Barracks, and also iori^ n • Sylum ne.ilr the s:,id ProP'rty, thereby causing a nuisance, the petitioner suffer d inconvenience and loss, for which l>e prayed redrew. The petition was read and received. NOTICES OF QUESTION. Mr SI :K.- To ask the Provincial Secretary ou Friday what arrangements it is proposrd to make for carrying on he business of chis Province durin- the absen c of three out of four members of the Kxecutive at the a ssembly ia Auckland Mr HiRDY-Afc the next sitting to ask whether the Government h.ve any objection to lay upon the table ot the House a statement of tha amount of cold sent by escort during the year from the Woolshed di--gmgs, Glenore, and also the number of the senders.-" MISS RTE AND "THE TIMES." ' «wJ *? l°H nk' d the provhlcial SecretaryWhether tha Government intend to enquire into' the accuracy of certain statement'made -by Mi«a Ryein the 'London Times' of May 29th, regarding the immigration Barracks, and some of the female immi-Taiirs 1 ' As the letter of Miss Rye had ber-n rqroduced m the public press here, ifc was very-' u•■su-aole that the statements in it should bf> confarmed or contradicted. An inquiry was mede some time ago, but he thought it would be held insufficient considering the altend state'of the Government ' The PROVINCIAL SECRETARY said 'that he had read the article iv the Times, but not the letter on WMch it was based-for which he rjallv had not * a d time._ He scarcely knew the result of the previous enquiry; but there was a motion on tlie paper for the next sitting-, by ,he honorable member for Port Cha'mers, for papers respecting the matter, and there would be no objection to placing- them on the table. If, after that it wis considered necessary. that there should be'further c ucichttion ot the subj ct, he would recommend to the hono? able member for Dunedin (Mr Dick") to move for a Select Committee to make furtheriimiuiw. Ihe Government were so fully occupied durin" the sitting of the Council, that he could not pronuse to undertake any such inquiry. COMPETITIVE DESIGNS. _ Mr GILLIES a=ked the Government-" If ther intend plamg before the House the particulars connected wuh competitive designs previous to gome' : into the istimates ?»' His desire'was to ascertain whether the Government intended to adopt any of the competitive designs in connection with public works. '• T\ i! o l' e' stln? a,ted, Cos, fc CO«U be ascertained so i that the iiouse might be able to judge whether the sums piacea on the Estimates were sufficient for the purpose. , Iih i ? a, 0Yi lVciA L SECRETARY said that tlie report of ihe Committee to whom tho -designs were submitted should b 3 laid on (he table, either during the sitting or to-morrow. As to the designs ihemselyef, lie. onderatood that they were at the old' of.ju. h budding- opposite., where honorable members could e>amine them. Q Mr GILLIES: Shall we be able to ascertain the tot il estimated cost ot those selected i The PROVINCIAL SECEEFARY cjuM not say, from his own kuowledge-not having been ia the Government at the. time—to what extent the resort The PROVINCIAL THEAStXiIEft • said that , some of tiie designs had reference to a Gaol a building which it wa< nafc Contemplated to erect at preent; seeing that ifc was considered advisable there should be a General Government Gaol to which mug-sentenced prisoners should be sent As to a Lunatic Asylum, the "temporary" building, as it was called was TO thoroughly good that he believed that the Government did not tuink it necessary to proceed with another building at tlie.-pres-i.fr time! Huh regai-a to tae Hospital, it irasjust -possible that whan the Estimates wine before the Council, it might be considered that the design tor that buildina should not be earned out at present. LAPSED MOTIONS. Mr Vogel and Mr John Cargill being absent when ■cailed upon bythe Speaker, the notices of motion standing m their names, respecting the Panama rcute SssaSgSs^*l^ lapsed ' *accordance witk AID TOWARDS A LAW LIBRARY. Mr BUKNS moved— n"TL^ » ropeolful.addres be presented to his s°l9V"?J Suf "? ende?, t ' r^^sting that the sum of L2oo be placed on the Estimates to aid in the formation of a Law Library fir the Supreme Court of this Province. He believed that a similar vote was refused last s:ssion. Lufc a good library would be a great adraitage towards the administration of justice itwa, not intended th t -he library should be for the use of tbe members of the profession, but for that of the Judge- tnd lie was sure that L 350 mi^hfc be very much less advantageously appli-d. ' The motion was not seconded ; aad therefore lapsed. ADDRESS ON THE MARRIAGE OF THE PRINCE OF AVALES. Mr MILLER moved'•'Tha'; a Select Committee be appointed for -the purpose of framing a congratulatory address io her Majesty the Queen, on the occasion of the marriage of H. K. H. the ; - rinee of Wales with the Princess Alexandra of Denmark. The Committee to consist of Messrs Diok, Gillies, Dewe, Murison, aud the mover. - To report on Thursday, Sept. 3." i'he honorable member briefly, but appropriately, recommended his motion to the House. ThePEOVINCIAL TREASURER seconded the motion. Mr GILLIES had no oDjec;ion to serve on the Committee ; but he would suggest that it would be a grc.-u ao ran tage to have Mr Speaker on the Committee ; and he would suggest that his own name be struck out, and that of the Speaker substituted ■■ The SPEAKER said that although en°a»ed on «o many committees he should g'adly serve onlhfsone v called upon to do so by the House. ' The modification was affirmed, and the motion was then unanimously adopted. " aa NEGLECT OP THE IMPROVEMENT OIAUSES Mr PINKERTON moved- ' t 3 Vnlfcmi? rt?pWk* Su Pe»nten^ut be requested i ti ,iT ii. hef l P mmissiouer of Waste Landsl. ihat he shall ascertain the first clear case of land occupied under tLe Land Onlnancs of this Province, ltoo, w crein the conditions of improvement have nt been completed. 2. That t-uch land shall.be declared open for application by advertisem nt iv the Government G. zette." 3. Thai the applicant {.f any) riiail receive from the Wa^te Land Boaid a uc.-cet ot occupat'on, a-, provided by aforesaid Ordinance. Such second ticket to be taken without me. j odice should first be confirmed, i. 1 n ca-e of onuositioo, the Superintendent be authorised Jo obtain the aoleat leg.-.l arast nice iv his power to ascertain whether tlie liifik-st legal authority in New Zealand will put the holder of the second ncket of ocuna-im i » possesion of land ibr which the term St^con tamed iv tne_ first ticket of occupation has exD-'red and he conditions of improvement have not b-n computed. ° Uv- cUHe was not aware ,-vhen he gave the ft'ice that there had been a similar resolution pass™ on tni-f vious occasion. But when the point wS bS "fh cussed in Committee on the Land -«e^uffi» Z seemed to him that the Government wsn„?; ' 1 the conoidons, should either ,eet,at eff'^f- P?Secl to them or.should w^^^^fi™ power to give them e^'erf m„f »;.. • i . le °ai (i.i Dick) giving to those who had nurch^K der tu 9 conditions but had not fa tillecl them the Mm m, r-'i ? oulu Pe^aps not be judicious f- O--ri^S-; l?' lllkero I 1) to press his moi )£ S fh» m,^ nii that the eiiect ofthe honorableseut but Sl gS', la * m?«- c,« .«■- than at pre! MrimpS » \? c V'° uU n°t interfere with the expeiimeiit. By the leave of the Hous* he woul.l withdraw the motion. ' VVOUId ieave was given, and the ration withdrawn,

THE RETURNS AS TO UNAUTHORISED EX PUM I) I UR Mr VOGEL moved- " Tint the retu;ns ol unauthorised expenditure ai not ia accordance with the promise nia le to tl Council by the honorable member for Dunedin, \h Provincial .Secretary, aud his colleague the Proviueii Treasurer." When he, as the mover for the return?, saidctth previous sating that he was not satisfied with their seeing that they were not in accordance with th understanding entered into with the Hous\ the Pre vincial Sec-etiiry, instead ol vouching an oxpla!»«t: on Simply asked whether a defeats was then to be rasp-d on which the Speaker suggested Ih"t he (Mr Vo-el should givo notice of a motion on the subject. Th House was told that in tbe returns to be presented there would be L 30,000 that would hare to be pivei in gross, whereae, in the returns to be presented there was no lc=s than 1.56,000 unaccounted for hanything like detail. He had simply desired to upholi the dignity of the Council, and he would not prcs the motion, unless the Bou : e wished i\ Mr BRODIE seconded the motion. The PROVINCIAL SECRETARY thought t'-al no lengthened explanation was necessary. Honorable members pretty well understood tha I.' he must liv bafore the House information as to tiie different de partments hut as he got i % and as far as he could comprehend it. i¥o doubt, as to the a-'vance account, lie oid not, at a previous silting state th» mnttp' quite correctly; although he thought it was evSf that the mistiUe was not a vrry material one! He said that there was a sum of 1.30.000 the dis'ributicii of which could not b; immediat ly stiti B amount being m connection' witli the Roa-'s'LV-v.w ment. He should have stat*d thaHh^£S£ advance accounts-tl.ough the fact ™*.™g known to a good many members of the Council-the largest amount being in ccnneciicn wrh the Policdepartment. But he believed there -was no grourd whatever for supposing that with regni-d to tho«c other accounts aimlnug attached of thi nature which wassaidtoattaclitot.be Roads Department; inasmuch as the accounts were conducted with oil regularity and in due time, and as sooa as.possible, they wou.d be forwarded to the Treasury, and there classified under then- proper ha is. The advan-e account to the police was Lil,ooo odd) which represented a quarter's pay for the force up at fake Wakatipu and other distant parts of the Province • and the returns respecting which would probably not arrive in town for a week or ten day . The PROVINCIAL TREASURER said that the advance to the^ Jsnyneer's department stood on exactly'the same footing. It amounted to L 5981 for buddings on ■ the Gold Fields. The Council would understand that the money had to be sent up ?n 1 that the receipts could not be got down ior two or three weeks. The return being brought down to the 29th ult, there must necessarily be advance account.", the particulars nf which had uot been received at the Treasury. _ He thought, the Council ought to be quite satisfied with the return?, esnecially seeing- that there was a delect Committee to inquire into all the accounts of the Treasury. Mr BRODIE thought the House should be conlent. The Government admitted that they were in a position of not knowing anything about the finances, and ''were very anxious for the assistance ot a finance Committee. As the honorable member, the Provincial Treasurer,-.'had cried, "Mea culpa" he should not be iurther pressed at present. ' The PRO YIN CIAL TREASURER did not admit anything of the kind. Re defied any member of any Government to conduct the business of the Province without advance accounts. The honorable member for the Gold fields (Mr. Brodie) either misunderstood mm or was-very anxious to misrepresent him. MrBRODIE said a few-words. ThePROVJNOIAL SECRETARYd nieJtheinsinuation that the d.partments had the opportunity of overdrawing as fai- as they pleased. The credit of each department was limited by a cheque pari into its credit by the Treasurer ; and'the only instance in which that credit had been exceeded wai in the case ofthe Roods D partment, in which the Bank, without, authority, continued to pay orders long after the sum paid into credit had been exhausted, Mr VOGiiL thought the explanation of the Provincial Secretary had mad- the matter worse; for he had-.drawn a'ten tion. to. the fact that the Police Department was in the state of over-draft which only a •lay or two ago, the P/ovincial t'eeretarv said applied only-t') the Roads Department. But, if the Council was satisfied, he had nothing- further to say. *• The motkn was put and negatived. REGULATION OF WATERMEN. : Mr MACANDREW moved- . ifc is expedient f-r the due protection of life that none but properly qualified boatmen be permitted to cany passengers in boats for hire, and that a respectful address he tiansmitted to his Honor the Superintendent to the effect that he may be pleased :to take the necessary steps whereby not only watermen's boats but watermen themselves shaU be prohibifed from plying- unless properly qualified and licensed as sue!', and whereby the rates of fare shall Deregulated.1' Considering the extent of passenger and goods traffic by boats, the su< defmess with which ga'es sprang up ?n the Harbor, and the fact that -anybody Obu'd ply as a waieimaii, it was nothing less than miraculous that we hid so far escaped any serious loss of life. But it might come at any moment ; and he thought the making of some regulaticn was imperatively necessary. He might be told that what he asked came within the scope of the Marine Board; but whether there would be a Board here or not, was a question entirely of the future, seeing that the Governor, having refused to assent to the Bill last session, might do so a^aiii.' Even if his Excellency assented to the Bill, several months must elapse before it came into operation. He believed that in ■Melbourne, in order to obtain a license, it was necessary to have a certificate as to character from a number of householders, and as to ability aud training from some competent shipmaster. Something of the kind would be most advantageous here. Mr HUGHES seconded the motion. The question of regulating steamers on the Lakes had been considered by the Heuse; ani lie could assure the House that the regulation of watermen and their beats was not a bit less important to those who lived .in the neighborhood of the Lake?. V.-The PROVINCIAL TREASURER said that the Marine Boa d Ordinance provided for what was asked for; and, except under it, he did not know how such powers could be exercised at all. There was no reason to doubt that the Ordinance would be assented tc. It was disallowed last year, and so were similar Ordinances from the other Provinces, because of a defeat in the General Act. He believed it was the intention of the General Government to introduce a new Act nr-re definitely defining the powers of the local boards, but that had nothing to do with assent to the local Ordinances. Mr M \CANDREW. in reply, said he knew that the object was provided for in the Marine Board Ordinance, but he saw no reason why three months should be wasted for something not very effective, . when an effective special Ordinance could be pa=sed in a week. If the House had not the power to do so, strictly, this was a case ia which \hev would be justified m taking- the power. The motion wa^ put and affirmed. ""~l_S - Capt. BALDWIN allowed to lapse, for the purpose ot amending it, his notice of motion with respect to Terries. . . -.. IMPROVEMENT OF PORT CIIA.TiMERS. Mr MACANDREW moyed— "That the retition from the inhabitants of Por i Chalmers ba printed." Mr PINKERTON seconded the motion, whicl was agreed to. . Mr MAC ANDREW then moved— . *- That a Select Committee be appdntcd to inquin into the petition from settlers at Port Chalmers, am to. report tnereou, with power to call for papers am persons. Said Committee to consist of Messrs Pin kerfcon, - Duncan, Miller, Brocib-, L'cnnie, and th Mover. Report to be brought up on the iOt-h Sop tember." . r The petition was, perh-sp*, the m«-st numerous! signed of any ever presented .to the Houso. Tl: signers were shipmasters and others of j;rea't exnc rience, as weh as residents; and the statements tlie " made were of great, importance as to the interesl •f Port Chalmers, if not the whole province. II thought it was desirab'c that it sheuld be ascertains whether there was a prima .facie case in favor of tt petitioners' view of tiie benefits that would result fi o: »claim: ng Mus soil Bay; and if there wa.*, then, dv fig the. recess, steps might be taken fiv pr.ctic work next session. Mr DUNCAN seconded the motion; which w: adopted. WANT OP COaniUKICsTION WITH THE NORTH Mr VOGEL moved"That a respectful ndd-ess be presented to 1: Honor to lay on the table of the House the letter which he forwaidcdto the General Government t' ■resolution anived at by the Provincial Council, co cerning increased commuircath n wilh the North." The House had consent-id to the suspension of t Standing Orders so that he might move a resolutio to be forwarded by ihe Ma'! tn the following elo That the House was justified, was evident from the fact that we had now been about a fortnight without, news from the seat of war; and the question •xciteel such general interest, that it would be well for the House to know tutlioritavely whether His Honor bad endorsed the resolution ofthe Council. JJe had no ether object in making the jaotfon,

: The PliOVf XCIiL NKOKKTARY snid ihe honorable member had mado a great f.irmaliiy at-dcreated c .n cumbrous mae-hinpi-y, for (draining- very sim:de ob 0 s°"'atH'n- He hal obtained from Hi 3 Honor'a copy B ot the .otter in question, and here it was: - 1 " The Hon. the Colonial Secretary. ~„. T " runcdin : 20ili August, 1863 'i . h- r *- "o myself ihe honor to forward for the , consideration of his Jix-jeltencva Government (he ac- ; company^- resolution of the Provincial Council of Otago, pa.std on the ]<kh inst. With respect to fie I lU'Vienu.icy of the commtmiention between this and . tlie IN orihei n Provinces at this critical period. I '• i cannot too strongly express my s-mse of the . absouitc neces-ity which exUts for a compliance with tin terms of theresolutiou, and -with tlmt view, should it be out of thepo\v.r of tbe General Government'at' the pres-nt juncture to fal;e !he neressary tep<?, I shall be prepared, noting under Ihe^r authority, to recoremei.d to tho Provincial Council tlie propriety of suhsiUi-ing rome statu Company, for the pui-poso. a-id-which I believe can be clone for a sum not exceeding LISGO per annum. Trusting that the import n-e of the cmsidei afcious involved wiil inducehis Ifixcelleney's -advisers favorably and at once to reply to this communication, I have, ke, " JiiiN Hy-»s Harris, Superintendent.;' (Applaus?). Mr VOGEL said lie was perfectly satisfiei, and he - wa-! sure the House had gladly heard the letter read. The PROVINCIAL TREASURER *ad the honorable member seemed to trust, neither the Superintendent nor the Executive. The Council bavins? passed the resolution might have felt quite satisfied that it would be carried out. He held tliat the motion must be taken as an expression of want of confidence in the Superintendent. Mr TQGEL t .ought ihe Provincial Treasurer's remark out oftaste if not of order. He would nsk for aruli-g.of the Speaker, whether the motion im plied anything like the interpretation given to it by the -Provincial Treasurer. The SP rtAKER really could not enter into such mcc questions of casuis'ry. He must leave it to the House to decide whether the Provincial Treasurer in repelling wha*. he thought a want of confidence' had tone too far. Mr VOGEL sad he was e[uite content with what had passed. He expected to hear some such letter as thatread; but it should be remembered that the Superintendent was by no means bound to endorse tbe resolution. He would by leave withdraw the motion. Leave was granted, and the motion withdrawn. EXTENSION OP TIME TO COMMITTEES. Extension of tima for reporting was grunted, to $. R°a<}s and their Construction Committe until l'riday ; to the Roads and their Deviations Committee also until Friday; and to the Roads Finance Department Committee until Monday. THE CIVII, SERVICE. ; Mr VOGEL brought up the report of the Civil hervice Committee; and on his motion.it was read ' and ordered to be printed. j NOTICES OF MOTION. Mr DICK :—To move at the next sitting, that a ' Select Committee be appointed to examine into certain statements made by Miss Rye in the London i Times, of May 29th, regarding the Immigration s Barracks, and some of the female immigrants; and i further to inquire into the general question of the pr.'pcr accommodation and comforts of immigrants with power to call for persons and papers, and to repoit on the 9fch September. The Committee to consist of Messrs John Cargill, Piakerton, Hughes s Duncan, Rennie, Steele, and the mover. ' ' Mr HUGHES—To move at the next sitting-, to [ ask the Provincial Secretary what steps have b°en i taken respecting the erection of a bridge over the \ Woolshed Creek, and whether, he has auy objection « to lay upon the table ofthe House all eorresoondence , thereabout. l Mr VOGEL—To move at the next, sitting, the foi- i lowing resolutions as amtnJments when the Pro- l vmcial Treasurer moves the House to e-o into Com- , mittee of Supply :— ' * " That it is desirable the Estimates should be re- 1 constructed in si far as to charge against) the several 1 items only so much, as it is contemplated to expend d during-the financial year, and to SDer-ially distin- r pu.sh the items which ib is d,sired should be cha.-ced I against revenue, and those to be charged h against the several loans, in order that v they may be properly clasified in the Appropriation Act.. That the Council, con- • sidering that the expenditure authorised by the Com- }' mittee of Supply should bo carried out by the Ex- , ecutive as faithfully as circumstances will permit." • Mr VOGEL: To move at the next sitting - " " " That the present Council concur with the late 0 Council oa the policy of encouraging the opening up v ofthe Panama route, and ot milking Otago the first , port of arrival fir the steamers, aid the last of ele s pavturr. That an appropriation should be made by \_ ordinanceofthesumof£ ,for years, tobepiaced c at the disposal of an agent in England, duly aafko- J rised to act by his Honor, with the advice of his Exe- \ cutive Council, to be m-ed in pirfc or in all, fa caje c only it should be thought necessary or desirable so to do. The condition of use to be, that Otago be the first port in Australia or New Zealand at which the 1 steamers from Panama should touch, nn i the last port £ of leaving on the hornsward route. That an aeldress ' be respectfully presented to his Honor, enclosing the E abave resolutions, ahd asking him to cause an ( Ordinance to be introduced embodying them." Captain BALDWIN—To move on Thursday, ! " That a Committee be appointed to take into consi- ' deration the operation of the Ferries Ordinance ' Amendment Ordinance of 1856, as regards the effect of its working- throughout the Province generally, ' but more particularly on the gold field?, with power 1 to call for persons and papers; tlie said Committee to : consist of Messrs Dick, Brodie, Mackenzie, Muriton, ' Mansford, Hughes, and the Mover. THE OCTiGON. Mr DICK present d a memorial signed by 104 residents in or near the Octagon, settin.'forth'the inconvenience ai.d injury thvy suffered owing to the ; great addition to'the .mudiness of the streets and roads caused by uninterrupted traffic across the Octagon; and praying the 'Council to take steps to cause the Otagoa to be fenced. The memorial was received. DEPARTMENTAL REPORTB. The PROVINCIAL SECRETARY laid on the table copies ot repoits from t!;e following departments:—Waste "Laud*; Survey; Harbor; Gold Fiel'ls; Gaol; Geological Department; i ospital; Im migration; Education ; ani Roads, up to the 31st March. ' . THE LiND RESOLUTIONS. The House went into Committee for the further consideration of the Resolutions on the Land Question. The PROVINCIAL SECRETARY moved the Resolution, No. 7, in the list, which stood as follows :— " That the conflict at present existing between the Gold Fields Act and the ordinary Land Regula tion , which has tended to tl.e great injury of the Province by obstructing sales ofland, and permanent settlement of popuhtionuponfreeholds, within ourgo'd fields ought to be removed; and that a new Wold Fields Act fo meet this object ard to remove other obstacles which now impede the satisfactory management cf gold fields, be prepared for transmission to the Attorney Qeneial fur revision before the same shall be broimht before the General Assembly at it next session." lowas believed that the restrictions to the acquisitions of land within proclaimed geld fields had worked in a manner injurious to the Province ; inasmuch as they put obstacles in the way of the settlement of people over very considerable districts within which it was very desirable ' they should fettle. No doubt it hid been necessary 1 to use very great caution not to alienate land supposed to be auriferous until it had baen thoroughly r tested. But, with our increased knowledge, the restrictions might be advantageously removed. He - would ranind hon. members that these resolut'ons ■ would not bs tacked together as th'j stood, in subse- ' -'{pient. legislation ; but this resolution, for instance. b v"it l jassed- be embodied in the new Gold , Uieds Act, which would include other matters as x well. a M^.fcICnARHSON could scarcely understand .. tlie hcarni!? of the resolution upon the iiouse. The p'ei-al principle could be afarmed without difficulty ; but the motion did not go iar enough. Were the Mouse to know what was intended ; or simply to enSsary. tU,GUt tLat a I!e* °T Id Field» Ct WaS th^lJ^Yl^ CI oLL SECRETARY referred to ?a%dthatthi.''f, SuPf iptendent's address, which » Itinutf x-he Act was bein?? m-epared, « and will be submit...cd for your approval ••' « M* l 0° r r f E;, rf ARJ)H ()N would s«^t the addi11'13 I«." after tbe words 'f The PROVINCIAL SECRETARY saw no ob . „ jection. -

Mr DICK saw uo reason for the change, afier the promse of tue Supn-intendent. It would be better to strike cut the ckuee altogether, The PROVINCIAL SKORKTARY only desired to affirm a prmcipK Pei-iiaps it would mees the views ofthe House to :tike out all reference to the nev G<?ld Fields Act.'

■-•I uu.sum asKtu wiittner me consideration id dealing- with: hind-! em gold fi. his was not to be con-idei-ou until the dot wa, before tiie House. The PROVINCIAL SECRETARY raid itcmld not possibly be enteitti.ned v..til the Act was brcudifc up.- . " Mr DICK t-a'd-that the last Act enabhd the GoveTiimetit to reserve 4000 acres on a field for purposes o! settlement. Mr U ROD (Basked whether the Act of last year was in force. • Mr DICK.—Not in force. It has been as-ontel to by Her Majesty, but lias not b.en Gazetted by the .General Government. The PROVINCIAL SECRETARY said that the provision of the Act s'inply was, that land might be witu.irami from the operation ofthe Gold Melds Act. ihere was lioih'mg authorising the sale ofland within .proclaimed Gold Fields. , Mr JNO. CARGILL thought it would be mostcoiveni nt to co s der clauses 10 en 111, relating to the sule ol' land, so as to go on co-Jtinously with the ciue - tioii on which the Committee was engaged at the last sitting-. The PROVINCIAL SECRETARY thought it better to go on"with the resolutions affecting existing legulations ; and then to corns to wholly new ;ro'posals such as were contained involutions 10 and 11. • ThePRf.VIKCIAL SECRETARY withdrew No. 7, temporarily, and passed on to Kc. 8, as follows:- ---" That whereas his Excellency the Governor has not taken any steps towards the" Proclamation of the Maiiiiherifcia, Ma-.dototo, and Mataura Hundreds, as recoiumer.d-d by the late Provincial Council, and as doubts have arisen as to the adaptability, for purposes of agriculture, of a great part of the land comprised within such proposed Hundreds, it is.desirable that the Provincial Government be instructed to a-certaiii the localities within winch any considerable, area of umold agricultural land cau be found, in order that the necessary steps may be taken f r releasing the same from the operation of existing Pastoral Licenses, aad for placing it ia the market for tale as the circumstances niay~require. v. " It had been found that a considerable part of the land proposed to be included in the Muniototo and Manuherikia Hundreds was not fit for agricultural purposes, so that ihe subject would require some further consideration, it was before the late Council, that the Council should by resolution declaring what land should be proclaimed as Hundreds. He was on tlie side of the minority, who declared that this duty was one especially for tbe Executive. Tliere were directly conflicting statements as to the fitness of much of trie land for agricultural purpose; and in deciding upon the broad question, lie believed that the House acted—and the result had shown such to be the case—without sufficient information. He thought the Committee might farily consider whether it was desirable to withdraw in any way from the position taken up at last session, and should simpiy in future affirm general principles with' regard to Hundreds, leaving it to the Executive to jeiiue the exact districts that should be proclaimed. Mr HARDY asked why the name '• Tuturau"had been changed to " Mstaura?" The PROVINCIAL SECRETARY was not at all lware; but he found that "Tutur.m'' was used Ust session, aud probably it would ba mor. convenient to vdherotoit still. - Mr PINKERTON: Tuturau is simply the name if a Maori village on the Mataura. Mr GILLIES said that the motion was carried last, lession upon the recommendation ot Mr Thomsun/ ;he Chief Surveyor, that the land iv the thiee proposed hundreds was generally fit for agricultural purjoies. He (Mr Gillies) denied that the "doubts"alleged iv the resolution were not proved to exist by any .nformation before the House. It mig'tit have beeu itated privately, but that was enough to wat rant delai'ture from.the decision affirmed last session. Mr BE.DIE knew the Manuherikia Hundred, laving passed over much of it, ant, Mr 'ihomson lotwithstauding, he would tleciare that there was a 'cry largo propoitiou of ground not fit at all for agri-iuluu-al purposes. He believed that in the wtiole lun..red, 1500 acr s of really good agricultural and might be found, but it was so scattered over the district as to be wholly useless, for any of the purtoses whi .h a hundred was supposed to be intended o answer. He could speak to some extent, though 3ss positively, as to the" Muniototo Hundreds, which ras not fitted for agricultural purposes. Mr HICK dfd not know what the resolution did a the 1 so. It, might be well to discover, separately, he general question of hundreds; but at present the fommittie haJ better to go oa with questions affectug the iauet Reg v. a lions. The PROVIiNC.AL SECRETARY thought the bjeetion.altogether pc antic. If the question had willing to elo with the Land Regulations, it had uucli to do with putting them in force. Mr Thorn on did not proiess to i.aye examined the land ; he jaseel his opinion rather upou the datum ot; the de;ree of elevation above the sea. .although that rule night be very applicable in many cases, ir, ceased to ;e *o when Mr Thomson came co deal with great stents of shingle plains, (fciear, hea -.) Mr MOSS denied that there was evidence of eusonable doubt as to the fitness of the land. Why ihotild the Ceuncil be so frequently asked to instruct ;he i.xecutive't (Hear, hear.) Re wished he could see the Executive advising the House mors frequently as to general questions ofpolicy. Major RICHARDSON said it was never considered essential that only agricultural land should be included iv a Hundred. Un the con'rary, it wa3 a very important point that with the agricultural land was included so;ne of a semi pastoral character, which in time gained a certain positiou-value. He thought that it was a point on which the Council should take a stand - that the proclamation of Hundreds shou'd rest with the Council. Otherwise, it would be liable to a very great abuse. The head of tbe Government w?.s an elective oSicer; and he thought that such an officer shouid not be called upon to decide upon questions affecting mo3t importantly one of the chief branches of the industry of the Province. ' He thought the Executive Council ought to have inquired respecting tho localities of these Hundreds, and to have submitted the results to the Ooumil; leaving it to the Council, if not satisfied, to prosecute inquiries of their own. Hundreds must be proclar'm?cl. The Surveyor had stated that he must have land to survey a year in advance; and the work in hand would soon be completed. He would move as an amen Iment, to strike out all the words after " Provincial Council," where that phrase first occureel, and to substitute, that the Provincial Government bi reque; t tl to m_ke a definite proposition oa the subject of providing cerlaia additional Hundreds for settlement, "with a map defining Ihe boundaries, and with their recemlneudations respecting the sane. The PROVINCIAL SECRETARY would be glad to have the discussion in this amendment, as it would definitely raisa and settle the whole question. Major RICHARDSON: Very wed; if the Government will accept it The PROVINCIAL SECRETARY: Oh! no. It is iiametrically oppo ed to my view. The PROVINCIAL TREASURER quite agreed with the honorable member for the Clutha (Major RicbDi-.sou). The Government had been twitted abo'it these resolution:; but the House had been distinctly icld that the members of the Executive did not agree about them. Mr PINKERTON thought the Government was bound to bring forward some d-efinite proposal for the proclamation of certain Hundred?. Mr HARDY said tint if the motion was adopted the Council wou'd be showing very little respect to the authorities consulted by the previous Executive, and to the resolution passed by the late Council. The PROVIN'. lAL SECRETARY: By a;majority of one. Mr HARDY admitted the fret; and yet he thought the resolution was entitled to come re.jp et. ft seemed to him that the Government were "not satisfied with Ihe position of these Hundreds; and instead of pointing- out the localities they thought would be more suitable they aked the "douncif to place the whole power in the hands of the Executive. He thought the House shou'd not part with the p:>wer they had hitherto possessed—by the courtesy ofthe Superintendent, ] o^ibly, as to where new Hundreds should be proclaimed, more especially as th? la'e Council declared that the localities in question were proper for Hundreds. Mr PATERSON said that when members talked about the Executive bringing forwarel a district proposal, they must have forgotten when, and the circumstances under which the Executive accepted ofiice. The motion would throw a burthni upon the Executive which they ought not to bear. It was enough if they, acting upon the recommendations of their'professional adviser, pointed cut certain localities as suited for Hundreds. Mr DICK thought from the blanks in the resolutions that, the Executive d.ffered cnly as to ho-v they should be filled ; but he now found that the Provincial Secretary ha 1 brought down the resolutions en his own responsibility. He (Mr Dfok) believed there would be no difficulty in the way of the Executive recommending Hundreds ; the diiliculty was that the Provincial Secve'.a'y did not^ think fit ti do it. Therefore he wished the Council to pass a resolution recommending ibat Ihe Government, and not the Council, shouid in future have the power. •' The PROVINCIAL SECRIif ARY : (Hear, hear,)

> It should borne iii uiin.l that, :cert-uu instructiovs i were given to Mr Thomson, lie wis r.ofc asked to poi t out (hedisti-icts best suited f v Hundreds. He j wesasKed to point fomc. om: of which should be in b close proximity to tb o G>dd Fields ;an I co-sequentlv the Manuh'srikia was selected, ■• ot b.;o:iu.-c> it was the best avaiabie hmd in the c uutrv. but'lvA-mse it wns ' the best in the vi.dniry ci the Gr.hi Pit-Ids. So with • the Maniatoto, which was sleclel because it was 11 car to an already proch-imed Hundred, and there- . .fore hfceJy to sell better, than if the land was remote frouMoads. The mot'on would hi al.ogether a retrogression ; and lie thought' fiay idiouhl deter- ; mined not to foret.o the advantage of the c-xist- • ing system as to the jiracl.imation of jiundreds. , M-jor UICHARD3OM Fai 1 the only doubt in his ; mind was with regard to hundreds oa the gold fields im- by the (.TO-d Fields Act hundrels could not be Proclaimed witum tne boundary of a proclaimed gold Mr BRODIE said about four-filths of the area of the Province wonid be-under the Gold Fields Act in a short, time, but ha thought a provision might be made hy winch a hundr d might be nrochiimed withm' * gold field But Uie statement 6i the late Fr -viueial Secretary, with a dUingeiraousaess wlrch he s:iouia not have expected, he proclaimed the lVtar.uiiriivia for t:ie purpose of securing a particular party s interest. Mr Di OK. rose to order. It was unfair to charge him witu oisiugenuousness, for an act thab was in tended to facilitate settlement on the land. Mr BRODIE not b.ing so well aware of the foots as „be honorable gentleman had caun fo that conclusion. However, if the "Hundred" system were adopted on the gold fields, it would enable the population toleed cattle and provide themselves with milk and butter, and cereals. While agreeing with the amendment ofthe honorable member for ihe Clutha, he hoped to see a clause inserted which would embrace that object. .. The PROVINCIAL SECRETARY thought the -amendment of the honorable member for Clutha •brought the question to an issue. However, -hon, members might require authoritative statements respecting the Hundreds already proclaimed, it was -~ -r notorious that much ofthe ar.-a proclaimed as Hundreds was unat for the purpose. The question, however, was whether the proclamation of Hundreds shoulei be by direct recommendation ofthe Provincial Council or whether it should be an Executive matter Le was not prepared to give exact information as to where the most suitable Jand for Hundreds was to be found. Had he entertained different view, from those he hmd, he should have been prepared to recommend certain areas to the Council, but believing it to be the province of the Executive! he had not done so It shouid not be forgotten that the proclamation wss not by the Supei intendent cf the Provinco, but by the General Government. Arrangements had been made by which those interested in the land might object if they felt aggrieved. The amendment was not a cpiestiovi of principle but of detail, and only affected the question of what the Council assumed to itself the power of doing. The resolution as amended was put and carried. IhePR'WINCIL SECRETARY in moving tho next Resolution said that it placed certain lim?tson Hurdreds to be proclaimed. Under the Land Regulations Hundreds were to be proclaimed within the limits of 43,000 and 85,000 acres. It was under the consideration of the Council to proclaim Hsndreds smaller in extent than that, but it was impossible ULd=sr the present regulations to do so. The Committee of last session took rather an extreme view, from which he dissented, as they proposed Hundreds so small as to be useless for the purpose for which they were instituted. The ol ject of the resolution was to obtain a m- elifieation of the present land regulations. He would move - '■' 9. That in the opinion of this House it would be desirable in some cases to proclaim Hundreds of smaller sizethan those now in existence, in order that in all districts whei c any considerable quantity of agricultural la-id is to be found, it may, as soon a$ actually required, be made available for agricultural purposes without at the same time creating any unnecessary disturbance in the occupation of lanls fitted only for purposes of paaturage." . Major RICHARDSON did not wish to throw any impediment in the way of passing the resolution; and considering the limited quantity of agricultural land in large masses, there couid be no objection to it. The resolution was passed. The PROVINCIAL SECRETARY proposed in heu of Clause 7, as prinfel, '-That the restrictions imposed by the Gold Fielis' Act 1832, en the sale or lease of Crown Lands, ought to be removed and improved, so aa to c courage the settlement of population as free holders within the limits of proclaimed gold fields." Mr MACKENZIE asked how it was intended to deal with auriferous laad sold on the gold fields with regard t:> the right of miners to extract tho gold. . The PROVINCIAL SECRETARY said no Government woald sail auriferous! "lands if they knew it to be such, but as to breaking upon laud already sold it could not be per fitted. Mr MACKENZIE said the objection was "in reference to land ah-ealy sold on gold fields. The PROVINCIAL SECRETARY said it was necessary to c-xercise rare not to sell auriferous .land, but ir. wai not sufficient reason for not selling lands on gold fields. That could not be done at present and the obje it of the resolution was to remove that prohibition. Mr BRODIE said the honorable member had touched on a delicate point. The only way to arrive '•at the pewer of taking the gold would be by inserting the clause in the Crown grants to the effect that if required a; a gol.lfieid the purchasers should - receive proper compensation for their losa. At the same time the land ought to be cultivated. It was, h wever, more desirable to exlractthe mineral wealth, but his object wis to propose an aelelitionto to the amendment, to the effect that the iuhabitmts nf gold ik-ld; should have the same advantas^s of commonage as tl:ose er.joyed by residents on'Hundieds. 'Ihe PROVINCIAL SECRETARY said the ulnars' ends would be better served by leases; but if al! the iacd within a gold field was proclaimed as common cattle would be driven over ifc, and no advantagiwou'd be gained, if all unocccupied lanels were pro 1 iime.l as commons. _ Mr BRODIE explained that it was not his intention merely to give the same advantages to residents on the gol.l fields a3 were enjoyed by residents in Hundred:-. The PR .VINCIAL SECRETARY: With that exp anation 1 should not object. Mr VOGEL wished to ask the Provincial Secretary whether something more might not be done towards inducing permanent settlement on the gold fields, than was proposed by the resolution. The clause_wa3 a most important one for he was convinced that the difficulties in the wa/ of purchasing or leasing land on ihe gold fields had tended t> depopulate .them, and had caused persons seeking investment for capital to go elsewhere. Could not a temporary expedient be adopted hy which that object could be attained ? If the Act had to' ro to England, before it b?came due, the loss of time would be very groat. He wished ti know if any legal opinion had beeu taken on the subject. He should propose that some temporary arrangement should be made, with the understanding that when the lands on the gold fields were put up for sale those who occupied them es leaseholders should be allowed a valuation for improvements effected by them. He would propose following out the resolution, with a recommendation to the Superintendent to adopt; some temporary expedient calculated to promote settlement on the lands; and simply ajked the House to express its opinion on the subject. The PROVINCIAL SECRETARY thought the amendments would be better introduced as nnv resolutions. Nothiug would be gained by the promise which ecud not be gained by the Assembly. If the Assembly chose to allow the present regulations to be departed from, he thought they woul f be taking upon themselves a very dangerous responsibility. Mr VOGEL considered that the leaseholder might be assured that when the Jand came to be put up for sale a valuation would be maele of his improvements and the amount allowed, which would tend to encourage panics in taking leases on the goldfields He had rather they purchased the lanl, but since they could not do that, then when the Gold Fields Act came into operation they would do so. Mr J. CARGILL said the only thing the honorable member desired was to give a pre-emptive right to purchase to holders of leases on the gold fields-j ' Major RICHARDSON did not see that—but any organic change in the law involved all the delay which was required by the receiving the returns of ■ the r.ctfroin the Imperial Legislature, • Mr BRODIE agreed with the honorable member ■ for the Clutha. It was mat right that any member ■ should ask the Executive to do what was il'.eaal. What was proposed w;\s already provided .for tlie . Gold Fields Act, that land might be leased for r I businesf purposes for any period not exceeding . seven yea-F, in areas not exceeding ten acre?.

Mr VOGEL ssid honorable members misunderstood his object. He considcre'1 that the conditions on which pastoral leases were granteel were very liberal, and the substance of his recommendation was to make the conditions lo tlie population on the gold fields as liberal as could be, and let it be done by a recommendation from the Council to that c-ffeet. Mr MOSS thought the discussion was assuming an undue length. Iv the reply to tlie addrre'ss it was suggested that tho House wag anxious to prpmote set.

dement on the gold field . The Bill was not to be pi-sed by them, aud to discuss it thu> minutely would load to no pract,fo-d result. _ Tin PROVINCIAL SECRETARY saw no ob.l iction to the addition made by the member of the G<>ld_ Field?, but it requi.ed care not to interfere with existing pastoral interests. In the general form in »-hich it was put he thought it might'be adopted. Mr HUGHES a deed if clause 10 did not meet the easel He alluded to the leasing clause. Mr DICK said the propo ition to give commonages on gold fields opened a great alteration in the <ct, as it was against the spirit of one part of it. The alteration was advisable and expedient, anil he hoped it. would be adopted; but it would, in. that casp, be necessary to suspend all the licen-es. . The clause with Mr Vogei's amendment was put. Mr BRODIE said it.was quite useless to put it in tha". form. It should be ekher a resolution that could be worked, or it was a brutum fulmen. Mr VOGEL said there was no way of giving the miners freeholds until the Gold Held*' Act came into operation. The practical result of his addition would be to induce the Executive to make the regulations regarding leaseholds on the gold fields as liberal as possible, until the hoklers could purchase f.eehold?. Mr HUGHES again asked whether clause 10 ns printed would apply to the Gold fields, and give the required powers. The PROVINCIAL SECRETARY said he could not answer the question until the clause came underdiscuss! n. The clause unler consideration would, if pa-sf-d, clear the way for the application of that clause to the circumstances ofthe Gold-fields. ■ Mr MACKENZIE asked if it was the intention ot the Government to suspend licenses on the Goldfields, for it would be impossible to feed or fatten stock on them 1 Captiia BALDWIN agreed with thela*t speaker. In a short time four fifths of the area of the colony would be proclaimed gold fields, and the question should be answered before the vote was taken. . ' The PROVINCIAL SECRETARY said the purpose intended was to take the land on gold fields out of the exception d position wlich it stood at pre.cut. Heshon'd oppose ihe addendum, if it was intended by it to make the whoie aiea a gold field commonage. But coiisldericg whatever was done through that clause mti't be done by amending the Gold Fie'ds £ ct, it would not interfere with existing rights. Mr MILLER said the addition would tend to in-c-ease the present confusion on the gold fields, and he should obj -et to it. Mr BRODIE said if it was right to give the fiveholder the right of commonage in one part of the country why deny it to the goldfields. There was more meat produce! on Hundreds than elsewhere, but it, was a mere question of equal riehts than of expediency. Mr J. CARGILL hoped the honorablo member for the Clutha would bs satisfied that no organic change was contemplated. The clause with Mr Vogel's addition was put and negatived.

The clause with Mr Brodie'i addition was put and passed. [Left Sitting.]