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PROVINCIAL COUNCIL.

Wednesday, May 25, All the members present except Messrs. Elliott, Redwood, Gibbs, and Parker. The Speaker in • the chair. PETITIONS, • Mr. Hewetson presented one from some of the inhabitants of the Moutere district, praying that the sum of £10 be placed on the Estimates towards a road in that country. . Read and ordered to be received.. Mr. Kelling presented one signed by more than 200 ratepayers of the Waimea district. The Petition was read, by the clerk, and ordered to be received. (Printed in our last publication.) Mr. Saunders presented one from nine inhabitants of Waimea South, praying a division of the road as at present proposed,; and to be heard by counsel at the bar of the house. ■ Read and ordered to be received. • THISTLE BILL. Dr. Monro moved that the Council do go into committee, with Dr. Renwick in the chair. Dr. Monro proposed the following amendments :— -. v _ Addition to clause 7—"And in any case in which a Road Board shall neglect to do so, those parts of the roads on which flowering 'thistles areallovyed to grow: shall; be considered, for the .purposes of this act, as unoccupied land, and after fourteen days' notice, as hereinbefore provided, any flower- ' ing thistles growing on the roads may be destroyed by the constable of the district, or any other person duly authorised in that behalf, and the amount of the expense so incurred and ascertained \ as provided for in clause 5, may be withheld by *the Superintendent from any amount which may have been voted by the Provincial Council for the maintenance of the roads.in the district, or may be recovered from the Road Board by summary process at the, suit of the constable or any other person authorised as aforesaid." ■ In clause 5, line 11, after the word "ascertained," add "the required notice having first been given." In clause 9, line 38, after the word "land," strike out the words " within the limits of a proclaimed district." In the addition to clause 7, Mr. M'Rae proposed an alteration from 14 days to 7 days, which was carried. The remainder were adopted. -Mr, Saunders thought that the vote for the Waimea districts would not pay for the extermination of the thistles there. CEMETERY COMMITTEE. ■ The Speaker having resumed his chair, the Provincial Secretary moved that the report of the Cemetery Committee be adopted, which was seconded by Mr. Wells. Mr. ■ Saunders thought it unprecedented to allow one committee to appoint another, and therefore opposed the adoption of the report. Dr. Monro said that the report only left the

matter in the hands of those most interested, viz. the Nelson and Suburban members. The Provincial Secretary explained that the former committee were so ..evenly divided that they wished for something more as an expression of opinion than a chairman's casting vote. Mr. Baigent could riot understand the last speaker. It seemed to hini that the only question in which they differed was the purchase of a particular gully, which he did not consider fit to bury pigs in, much less Christians. Mr. Kelling moved the adjournment of this question until the next evening,'which was carried. SITE OF FORMER CEMETERY.. Mr. Dodson moved, arid Mr. Wells seconded —" That it be an instruction to the Cemetery Committee, to inquire by what authority a portion of land at the port, set apart by the New Zealand Company for a public cemetery, was sold j also, what quantity remains that could be used for the purpose intended." •• The Provincial Secretary said that the reserve for the cemetery alluded to was made whenthe town was first laid out, but that there waa nothing to shew what amount of land it was intended to contain. He had made every research in the Land Office, and could find nothing to determine it. The oldest map of the town in the office was a small lithographed one, by Mr. Park of Wellington, dated 18421 . On this the cemetery was notified by the letter F, and the words "Haven Cemetery; "but no boundary line whatever was drawn on the map, nor did the schedule of reserves in the corner give any amount in acreage. The same was the case with another of the older maps. The principal map, called the working plan of the town, took no notice of the reserve whatever; the site of it was not even denoted by a letter. This, he supposed, was the-efate of the case when the-land in that neighborhood was sold; The bounds of,the cemetery would first have to be marked out, that the rest might be put up for sale. He (the Provincial Secretary) surmised that the size of the general cemetery in the middle of the town was taken as a sort of standard. The latter consisted of two acres two roods.' and as the Ha^ren Cemetery was intended only for the inhabitants of the port, no doubt it was thought half that size was sufficient. It was accordingly made to contain one acre one rood, or thereabouts. The land in the neighborhood, on the hills, was sold under the resolutions of July, 1847, which provided that the surplus town land (after rejecting all previously unsold and company's sections) should be sold by auction. These resolutions had been declared by the Law Officers of the Crown at home, a contract binding on the Crown after the transfer to it of the New Zealand Company's lands; and the resolutions accordingly took the place in Nelson of the royal instructions accompanying the Charter of 1846, which contained the Crown land sale laws for the rest of New Munster. Sir George Grey, in carrying out the Crown contracts, as directed from home; appointed officers toassess lands in Nelson, under the July resolutions. These officers were the Crown Land Commissioner, the Treasurer, and the Superintendent. The surplus land about the Port Hills was assessed accordingly, and the cemetery having been marked out, by direction of the above named officers, a portion of the surplus land (12 acres he believed) had been sold to Major Richmond, by auction, Mr. Fell, the auctioneer, conducting the auction, as he did all Crown land auction sales at that time. The land was sold for about £4% and the sale took place on the 14th of August, 1851. This was all, he believed, that could well -be learnt of the matter ; and he (the Provincial Secretary) would, as Crown Commissioner, be happy to shew any member desiring to see them, all the plans and documents connected with the case at the Land Office. Mr. Sharp wished Mr. Dodsoh to state his ulterior object in bringing this matter before a committee. Mr. Dodson, in reply, stated that he wished tosee the land properly fenced in, and a public roa«J made. ; Mr. Saunders hoped the• Council would allow this matter to be referred to aselect committee, notwithstanding the explanation that had just been given by the ProvinciaL Secretary; for, although he was himself perfectly- satisfied with what the Council now. Jiea^d,iihfivth.pught:it:fde-. -,r sirable that a question of this kind should be reported upon in aformal manner,land with the utmost possible publicity. It .was one of those cases which shewed that the interests of the public were never safe, when those interests were entire] v confided to a nice little comfortable supper party, who perfectly understood one another upon every subject, and were always ready to work into one another's hands. From the statement made by the Provincial Secretary, it appeared that, for the paltry sum of ,£42, a block of land, consisting of twelve acres, that the New Zealand Company had reserved for a cemetery, had been sold. That, for an infinitely less suitable site for that purpose, the Council had now voted something like a thousand pounds; and it is also stated that the public officer, whose duty it then was to protect the public against any such confiscation of their property, had not only failed to offer any!opposition to it, but had caused it to be;offered for sale, and had actually purchased it himself. And he (Mr. Saunders) thought that the more such proceedings as these were scrutinised and exposed, the less frequently they were likely to occur. The Provincial Secretary, in explanation, said the lion, member (Mr. Saunders) seemed to have misapprehended part of his statement. He had not said that Major Richmond had bought a part of the cemetery, nor that the cemetery coitained, or had ever been supposed to contain, twelve acres. The twelve acres formed only a portion of the unsold surplus land about the site which had been marked out for a cemetery, the size of the latter never having been determined. • There was nothing whatever, as far as he (the Provincial Secretary) knew, to shew that any portion of the cemetery reserve had ever been sold. Mr. Simmonds and Dr. Monro-wished for a thorough investigation into.the whole affair, and he (Dr. Monro) would suspend his opinion. From the year 1841 to the year 1851 the town of Nelson had the land in question, and he had been given to understand that only two buriala had taken place there, .which did not appear as if the spot in question had been generally recognised as eligible. Mr. Kelling and Mr. M'Raid, in a few words, gave their support to the motion, and after a few observations, Mr. Dodson moved for leave to withdraw his motion, that the transaction might, on a future occasion, be referred to a select committee. On this being put the Council divided— ■... - Ayes, 15. ■ Noes, 4. , .1.:, The Provincial Solicitor Thß Provincial Secretary ,Mr. Wells Mr. Vyvyan Curtis M'Eae Monro Kelling Wemysa Sinclair Mackay : Sharp Marsden Renwick Hewetson Baigent Simmonda Dodson Saunders The motion was accordingly withdrawn. MOORINGS FOR THE HARBOR. ; Mr. Mackay moved—" That his Honor the Superintendent be requested to place the sum of ! ,£3OO on the Estimates, for the purpose of procuring moorings from England, to be placed in the harbor, tor the use of the large vessels frequenting it; such moorings to consist of two anchors weighing one ton each, and sixty fathoms chain, with fifteen fathoms of a bridle, to which is attached an iron buoy." STANDING ORDERS. Mr. Mackay also moved—" That the reports of the Select Committee on the standing rules or orders be taken into consideration and adopted by the Council." ESTIMATES. ... The Council then went into committee, with Dr. Renwick in the chair; and a few items were passed without addition, alteration, or discussion, amongst which was the item of Education, £3000.

■.... Thursday, May 26.; All the memtiersjpreseni except Messrs. Parker, Renwick, Gibbs, Elliott,1, and Redwood. The Speaker-took the chair.. ALTERATION OF RQADS BILL. The following notioe of motion waa postponed : —Mr. 'Kelling to move the second reading of the Alteration of Roads Bill; and ; _ Dr. Renwiok moved for leave to bring in a bill to authorise the Nelson Board of Works to raise the sum of 41500 by the issue of debentures, which was carried. \ r ~ m MOUTERE DISTRICT. Mr. Hewetson then moved—*' That the prayer of the memorialists of the Moutere District be considered, with a view to its being granted; and that his Honor the Superintendent be requested, in accordance therewith, to place on the Estimates the sum of .£lO. Mr. Vyvyan haying seconded the above, it was put to the Council and agreed to. THE LATE VOTE OF CENSURE. Mr. Curtis then asked the Provincial Secretary " What course the Executive Government propose to take with respect to the adverse vote of this Council, passed by a majority of 12 to 7, on the 30th■■Apii.l last, in reference to the tenth paragraph of the Superintendent's Opening Address.' He said he thought this question pretty well explained itself, and he should not occupy the attention of the Council for many seconds upon the subject. Nearly four weeks had elapsed since this resolution^ condemnatory of the course taken by the Executive in a matter probably not exceeded in importance by any which came under their consideration, during, the recess, had been agreed to by that.Council; and he thought it was quite time that they should know whether the Executive Council intended to take any notice of it, or whethisc.tney^thought it was no business of theirs, and that it was altogether an act of intrusion and'impertinence on the part of the Provincial Council to express any opinion whatever upon the conduct of the Superintendent and his advisers. He should be sorry to be the means of inducing his hon. friend to break through the resolution which he formed and announced to the Council on the evening when this resolution was passed—that he would never give it another thought till his dying day; which he (Mr. Curtis) hoped was very far distant; still, he hoped his hon. friend had" given the matter a thought nevertheless, and that he would tell them that evening, what was the view which he and the other members of the Executive took of it, in regard to their relations with the Provincial Council. He considered not only that such an explanation was due to the Council from the Executive as to that particular resolution, but also, that it was highly desirable, in order to arrive at some clear understanding as to the relations which exist, or which should exist, between, the two bodies. The Provincial Secretary, in reply, said he should be as brief in replying as the hon. member had been in asking the question- He had asked for information on three points, and he (the Provincial Secretary) would take them in order. The first was as to the course the Executive Government intended to take with respect to the granting of mineral leases of auriferous lands. Now he thought that on a previous occasion, when he stated the course he should adopt as Commissioner of Crown Lands and an officer of the General Government, he had really answered this part of the question. He had then said that the Crown lands being administered by a Board consisting of the Commissioner and the Superintendent, with the Executive Council, he, as Commissioner, should apply for explicit information from the General Government whether they, the Board, had power to issue valid leases of this kind; if they had, whether the General Government would sanction his joining in their issue; and if they had not, whether they would sanction his giving, in conjunction with the Executive, a promise to first applicants that they should have a lease of the land they required, under proper conditions to be afterwards settled. This application for information had been made to the General Government, the Executive agreeing in the adoption of this course of proceeding. He would add, with respect to this part of the question, that it was and would he always the desire of the Executive to act in accordance with th6.'expressed wishes of the Council, wherever they conscientiously and legally could, on all mattersbf policy; and it was their desire to give all the guarantee they had it in their power to give, to secure parties prepared to work the gold-fields in the enjoyment of ihe lands they wanted to work. The real point was, the course the Executive would take with respect to the "censure" the Council had thought fit to pass upon them, on account of a trifling, and, he honestly believed, a perfectly unintentional inaccuracy in the Superintendent's speech in reference to Mr. GibW applications. Now he would tell the Council frankly, that the Executive intended to take no steps whatever in this matter. They were perfectly content to leave the trumpery question to the decision of the public. (Hear, hear, from Dr., Monro.) They were perfectly contented, he repeated, to leave the question to the decision of all unbiassed and sensible men in the province, or beyond the province. The Council had expressed their opinion on the subject, and he did not suppose they expected the Executive to express their acquiescence in it. If the Opposition were as confident of the justness of their own view of the matter as the Executive was of its view, he (the Provincial Secretary) thought they might be equally content to leave the matter to the public too. If they were right, the publio would feel they were, and the Government would be damaged accordingly, which of course was the object of the Opposition. But if they wished to appeal more directly and decisively to the public, they knew, or ought to know, how to go about it; and all he (the Provincial Secretary) could say was, in God's name let them do so as soon as they pleased. The Government, he would assure them, had not the least fear of the result. With respect to the last part of the question —what were the relations the Executive bore to the Government as to responsibility—he (the Provincial Secretary) thought this was not necessarily involved in .the question the hon. member had given notice of, and he did not feel himself called upon to answer it. He would, however, say that he had decided opinions upon the subject, and from the tenor of the hon member's question, he had no doubt that his (the Provincial Secretary's) opinions were diametrically opposed to the hon. member's. But he did hot intend to enter into an explanation of them at present, though he would be ready to do so if an occasion arose to demand it. ".''" PETITION FROM THE WAIMEA. Mr. Kelling ~ moved, and Mr. Simmonds seconded-^" That a committee be appointed to take into consideration the petition of the ratepayers in the Waimea: such committee to consist of the Speaker, Dr. Monro, the Provincial Secretary, Mr. Saunders, Mr. Vyvyan, Mr. Dodson, and the mover." The hon. member wished a further examination into this matter. Mr. Wemyss proposed an amendment, and thought it unfair to refer the subject to a select committee after the question had been discussed in the full Council. He did not consider that any injustice had been done to the Waimoa district, and considered that a petition asking for larger grants would easily find subscribers. Mr. Mackay seconded the amendment. Mr. Saunders wished, that an investigation should take place. He felt sure that with such a paltry vote as had been given to the Waimea, the roads would soon be useless; and he considered that the Wairau, the land of which had been purchased by the money given by the Waimea settlers, was undeservedly granted a large sum. The voted for the Waimea he considered as less than sufficient. Mr. Kelling spoke a few words in support of the petition. " Mr. Simmonijs said that it would appear that the ■hon. member did not think this proceeding legitimate. He considered the course ratepayers should adopt was to petition, and they should remember that the Waimea roads had nearly all the traffic of the province. Mr. M'Rae thought that the hon. member for the Wairau should not object to a vote for the Wairnoa districts, after nearly a page being given in the Estimates to the Wairau. He considered

the public roads in the Waimea as being a kind of public property which all used, and he thought that in self-defence the Waimea should seek for separation; Mr. Dodson defended the district of Wakapuaka from the imputations cast upon it;, he could still, find the roads there very bad. The Waimea district had, in his opinion, received more than its share. The Provincial Solicitor thought the question one which could be easily arranged without referring it to a select committee. The Provincial Secretary would prefer peeing the question left to a committee of the whole Council. The House then divided as follows :— Ayes, 12. Noes, 6. The Provincial Solicitor Mr. Selling The Provincial Secretary Monro Mr. Wells' Marsden Vyvyan Baigent Curtis Simmonds Wemyss Saundera Sinclair M'Kae Mackay Sharp " i Hewetson. Dodson It was therefore carried that the amendment should be considered at the reading of the' Appropriation Act. DOG NUISANCE. The Provincial Solicitor moved the third reading of the Dog Nuisance Amendment Bill, which was agreed to.. Mr. Saunders moved, and M'\ Baigent seconded—" That the petitioners against the alteration of a part.of the trunk line in Waimea South, be heard by'counsel at" the bar of the Council." Mr. S. regretted that the counsel could not address the House on that evening, and hoped that it might be postponed till the next meeting. Mr. Kelling hoped the Council would expedite their business, and would wish to see the gentleman who is appointed counsel heard to-morrow morning. He therefore moved an amendment to that effect, which was agreed to. CEMETERY COMMITTEE. The Provincial Secretary moved —" That the report of the Cemetery Committee be adopted. 1 ' The question was put, and the House divided— Ayes. 12. Noes, 7. Mr. Hewetson Mr. Marsden Renwick Curtis Sharp Vyvyan Kelling Saunders . M'Rae Dodson Mackay Simmonds Sinclair Baigent ■ Wemyss Monro Wells The Provincial Solicitor The Provincial Secretary It was then moved and carried, that the order of the day standing No. 2, should be postponed until the Tuesday following. PETITION. A petition was presented by Dr. Renwick, and signed by John Armstrong, praying against a proposed road in the Waimea as detrimental to his section and the selling value of it. Ordered to be laid on the table. The Council then adjourned. A bill was sent down by his Honor the Superintendent with Message No. 19, for the purpose of establishing a Board of Management for the Nelson Hospital. Friday, May 27. All the members present except Messrs. Elliott, Redwood, and Vyvyan. The Speaker in the chair. NOTICE OF MOTION. Dr. Monro gave notice of the following motion for this date .—" To move for copies of any despatches or letters by which the opinion of the Attorney-General is requested with regard to the power of the Provincial Executive to grant leases for the purpose of working auriferous lands under the regulations of 1856." Dr. Renwick moved, and Mr. Mackay seconded—" That, the Stanrtinsr Order No. 80 be suspended, in "ortler *to enable the memorial of John Armstrong to be referred to the Waimea Road Committee," which was carried, Dr. Renwicks name beingf added to the committee. BOARD OF WORKS MEMORIAL. Mr. Wells rose to ask the Provincial Solicitor " if the Government intend to take any action on Message No. 18, of his Honor the Superintendent." He thought it was unjust to the ratepayers to allow the present state of things, and advocated an immediate alteration. Tiie Provincial Solicitor, in reply, stated that the suhject had been brought before, the notice of the Council previously, and he had wished the Board of Wgrks to name the streets from which they should wish cattle removed, but they had declined to do so. BRIDGE AT MADDOX'S BUSH. Mr. Baigent moved—" That the Superintendent be requested to place on the Estimates the sum of £30, for the purpose of erecting a bridge in Maddox's Busfy over the stream where the late bridge was destroyed by fire." The hon. gentleman gave the history of the road in question, and adverted to the value of the district connected. The former bridge had been built at a cost of ,£IOO, subscribed by private individuals, and had been, through a bush fire, subsequently destroyed. He therefore hoped that, under the circumstances, the Council would sanction it, as at present it was necessary to trespass to cross the river. Mr. Simmonds seconded, and spoke a few words in support of the motion. i Mr. Saux\»ers wished to see an alteration either in the sum or in the position of the bridge, by purchasing a right of way, which could be done. The sum proposed was not sufficient to build a bridge of sufficient stability. Mr. Kelling agreed with the last speaker, but proposed leaving it to the Road Board, as more competent, and would support any motion to place on the Estimates a sum to enable the Road Board to erect a suitable bridge. Dr. Monro agreed with Mr. Baigent, and would also support the amendment of Mr. Kelling if Mr. Baigent would so modify his notice; he considered that Mr. Baigent was the best authority on the subject, and if he considered that ,£3O was sufficient, he (Dr. Monro) was quite sure that it would be found so. Mr. M'Rae also supported the motion in a few remarks touching upon the locality. Mr. Saunders proposed, and Mr. Kelling seconded an amendment to the effect that £50 should be substituted for the £30, and repeated his former observations. Mr. Wells hoped that all these sums asked for the Waimea would be taken into consideration. Mr. Kelling said that he had seconded the amendment as no one else seemed inclined to, but would himself be satisfied with the sum of £30; and in reply to the observations of Mr. Wells, did not consider the sums asked by the Waimea members outrageous. Mr. Simmonds opposed the amendment, as there, was a great difficulty in purchasing a right of way even from resident landholders, and the ground that would be required belonged to an absentee. Dr. Monro hoped that the Council would allow this sum to be added to the amount granted to the Waimea; the public had originally had the benefit of the former bridge, which was built by private subscription. Mr. Saunders' amendment was then put and lost. The Provincial Solicitor moved, and Mr. Kelling seconded, an amendment placing more power in the hands of the Road Board, which was carried. THISTLE BILL. Dr. Monro moved, and Mr. Sinclair seconded, the third reading of the Thistle Bill. The mover acknowledged the value of the improvements introduced by the Council. The bill was then read the 3rd time. PUBLIC CEMETERY. Mr. Dodson moved and Mr. Curtis seconded— " That a select committee be appointed to ascertain what quantity of land at the Port is now available as a Publio Cemetery, and whether any portion of the land originally reserved for this pur-

pose by the New; Zealand Company has been sold; and, if so, by what authority : such committee to consist of the Provincial Secretary, Mr. Curtis^ Mr. M'Rae, Mr. Wemyss, Mr. Saunders, Mr.' Speaker, and the mover, I? which was carried. ! . NELSON HOSPITAL. !' Dr. Renwick moved, and Mr. Wells seconded -—" That the bill to provide for the management of the Nelsou Hospital be read the first time. Carried. CEMETERY BILL. The Provincial Solicitor moved, and Mr. Parker seconded, the third reading of the Cemetery Bill. Carried. The Provincial Secretary, in moving the adoption of the report of the Compensation Committee, said he did so as chairman of the committee, and not as expressing his agreement with every one of its recommendations. The report was hi 1 accordance with the previous ones of the Compen--1 sation Commissioners, except in one or two-par-I ticulars. The most important of these were, the compensation on account of the company's breaches of contract with respect to the passengers in the .ship Lloyds, and the mode in which it was desirable the Council should proceed in carrying out the scheme of compensation. With respect to the first point, the committee had not considered the. claims on account of the Lloyds affair to come properly within the sort of claims contemplated when the commission of enquiry was instituted. On this question, had he not been chairman, he should have voted with the minority. "With respecfc to the other point, the question was, whether the Council should pass a bill authorising the j purchase, out of provincial revenue, of the landa required to be given in compensation. This yvtik the "only "possible way in which the Council could themselves deal with the lands. But, as he himself had stated when introducing another bill, which involved a similar proceeding with regard to the Crown lands, this was undoubtedly an evasion of the law which prohibited the Council from legislating on such lands. The Land Fund is handed over to the province, and if it is iramedi- | ately employed in the purchase of more lands, I and then handed back again to the province, it ia obvious that all the Crown lands might be taken out of the hands of the General Government. In the other bill alluded to, and in one or two more which involved the same procedure, he thought, as he had said before, that the General Government might overlook the evasion because the quantities of land required would be so small, and the public benefit obvious and considerable. But in this case the amount of land required for compensation would extend to many thousand acres, and he concurred with the committee in thinking that the General Government would certainly disallow any bill which involved the objectionable procedure and carried it to so great an extent. He happened himself to have received a note from one of the " Ministry" at the time the committee was sitting; the note not making any allusion to the subject of compensation, but only to some of the.early bills he had been speaking of. The note said, the proceeding was a mere evasion of the law, it was "buying the Queen's land with the Queen's money." He mentioned this to shew that the General Government were quite alive (as might indeed be expected) to the nature of this contrivance, and that they objected to it. The other mode of proceeding was for the Council to address the Governor requesting that a bill might be introduced into the General Assembly, embodying the resolutions carried in the committee. It would be for the Council to decide which of these two courses should be, adopted. Mr. Wells seconded. Mr. Mack ay wished to make a few remarks, as he was one of the parties alluded to by the Provincial Secretary, who had been in the minority of the committee on several clauses. He ( Mr. M.) considered that the sufferers by the Lloyds were entitled to some compensation; but at the same time no amount which this Council could vote would in any way be a recompence to them for the losses they had sustained, which were not merely of a pecuniary nature, but actually the loss of those nearest and dearest to themr-their own children; and he agreed in the opinions of some members of the committee, amongst whom he could name the hon. member for Motueka (Mr. Parker), that a Compensation Bill should be. passed during this, session of the Provincial Council, to prevent any further delay or disappointment to those who, in his opinion, were entitled to the compensation awarded in this report; and he would also express a hope that should such an event take place as the arrival by! the next steamer from Auckland of a confirmation ' of their Waste Lands Act, as approved by the Imperial Government, it would not be too late to ■; ■ pass this Compensation Bill in the present session. ! Mr. Parker proposed that the report be taken \ I into consideration by a committee of the whole I Council., He felt that the Governor could not disallow a bill sent up by this Council connected with such a matter. The very fact of his having already sanctioned a bill for the appointment of commissioners was in itself proof that a considerable interest was given to this question, and those very commissioners had reported that the claimants were entitled to a compensation such as the report recommended. He considered that the various I clauses should be open to discussion. He would say, on his own part, that there was much to be approved of, while at the same time, he could find serious objections to other portions. The hon. gentleman considered that the clause referring to the passengers by the ship Lloyds required amendment, and considered that the parties there in question were entitled to some compensation; and also referred to. the letters which had been laid before the Council, shewing that the New Zealand Company had received the sum of £300 in compensation from the owners of the ship. With regard to Mr. .M'Mahon, Mr. Dillon had thought his position so good that he offered to find him the money to go into the Supreme Court. This, however, he had not done, as an opinion had been expressed by Mr. Poynter, of Nelson, that the deed Mr. M'Mahon had signed would prove valueless. Mr. Kelling would support the amendment, hoping that it would be carried, so as to leave room for a freer discussion. Amendment put and carried. . r ' The Council then went into committee on the clauses ; Dr. Renwick in the chair. . .. i Clause 1 was passed. . , j On clause 2 being read, ! Mr. Simmqnj)S proposed payment in scrip. Mr. Wells and Mi\ Kelling opposed the in--; trodu6tion of the word scrip, and the latter gentleman spoke strongly as to the evil effects of scrip as already shewn. Mr. Simmonds wished to know how the selection of land was to be made; and The Provincial Solicitor replied by stating according to the present Land Regulations. The Provincial Secretary thought that this was wasting the time of the Council, as it was not likely the General Government would allow the issue of scrip. The amendment was put and lost, and the clause carried. The following clauses were carried without dis- ! cussiori, until that proposing £40 to Mr. M'Mahon, which Mr. Parker proposed should be altered to £50, as the claimant had erected property and fencing to the value of £60 on the land he had i been dispossessed of. | Mr. Dodsoh would oppose the amendment, as there were numerous instances in which the same thing had been: done; and spoke as to a section at Happy Valley, which had been settled upon by three persons, who had to leave at the re-selection, when Dr. Wilson took the land. He could not, however, say that these persons had leases as Mr. M'Mahon had. The amendment was put and curried. Mr. Mackas proposed an amendment in clause 8— " That all the paragraph respecting the sufferera per | Lloyd be struck out, and the following inserted in | lieu thereof:.—' That the sum of £20 each claim be inserted in the report, to be paid in satisfaction of the claims on account of the passengers by the Lloyds, to be taken in land under the same conditions as the other parties referred to in their report.'" The amendment having been put, the Council divided—

I . Ayes, 10. Noes, 3. | The Provincial Solicitor Mr. Sinclair i '■•"- The Provincial Secretary Sharp ■ iv.i Mr. Mackny Barnicoafc Mavsden ; I • Parker ' Hewetson Uaigent Simmonds Dodson Saunders Messrs. Curtis, Monro, Wemyss, and Gibbs declined voting. Mr. Parkeb proposed striking out the last clause, and adopting the bill sent down by his Honor the Superintendent, contending that if the members of Council had made up their minds that the claimants were entitled to compensation, the more honorable course to pursue would bo to pass a bill as sent down !>y his Honor; and should tho same be noticed by She Governor, there would be ample time to pass resolutions as proposed by the hon. gentleman the ; member for Nelson (Dr. Monro.) Mr Saunders regretted differing from the last I speaker, but considered it better to remain as it was, as he thought that the dignity of the Council would not be supported by sending "bills to the General Government which they felt sure would be disallowed ; and thought .no hopes should be held out until after the next sitting of the House of Representatives. Mr. Sinclair also opposed the amendment, and quoted some extracts from the correspondence of Mr. Labouchere to the Governor. Dr. Monbo called the attention of the Council to the fact that all the acts passed last session by the General Assembly were in accordance with those instructions ; and thought that the Governor would would deem it his duty to withhold his assent to any such bill. He thought the question should be dealt with differently, and that the Council should memorialise. It was his wish to see compensation'granted to some, and it was, in his opinion, only by a memorial that it could be accomplished. He considered that the whole colony, and not the province of Nebon, had inherited the wrongs of the New Zealand Com - pany, and that compensation should be granted out of the General Revenue. Mr. Dodson thought that' the province should bear the expense, as all the claimants were resident in it, and had suffered their injuries either on their road' to, or in this special district. . The House then divided on Mr. Parker's amendment 't— that the last clause be left out. Ayes, 12; noes, 6. ! PETITION FROM OWNERS IN VVAIMEA ■ SOUTH. i Mr. TpAVEBs was heard in favor of the above petition. ..'.<-.• ; The Council then adjourned. -

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Bibliographic details

PROVINCIAL COUNCIL., Colonist, Volume II, Issue 168, 31 May 1859

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6,147

PROVINCIAL COUNCIL. Colonist, Volume II, Issue 168, 31 May 1859

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