Provincial Council.

Taranaki Herald, Volume III, Issue 123, 6 December 1854, Page 4

Provincial Council.

Tuesday, 28th Novcmher.

The Council met pursuant to adjournment,

Menibeis prcaint — tho Speaker, and Messrs. BUnchke. Burion, Cliilman, Outfield, Elliott, Pdrris, Rundle nnd ViclarH.

The minuttß of the last meeting were read nnd confirmed.

The Speaker announced a Messnge (15) from liis Honor the Superintendent transmitting n Mill to appropriate nvney for the fifteen moutlii commencing the Ist October 1854, and ending the 3 1 si December 1X55.

The mcßKge contains various statements relating to the expenses of the Provincial departments do« tailed in the scheme (1) of appropriation to the Public Service which accompanies the lull ; and the tubstanre of which will he found in another part of our present issue.

The Provincial Tn asuror moved the first rending of the Appropriation Bill, nnd the bill was re id accordingly. Also the third reading of the Fines, Fees, and Penalties bill, which was also read accordingly and pnssed.

The Speaker called on Mr, Vickers to move conformably with Im notice at the last meeting, for a Committee to enquire into the state of the Harbour Department. A discussion took place as to what natters it would be proper the committee should direct their attention to — when Mr. Vickers stated that he detired that the inquiry should extend to the system nt present adopted for landing goods and passengers, with the view of arriving at some improveKent; indeed, that it should have for its object the making of the Department generally more efficient; nnd the following resolution was agreed—

" For the appointment of a select committee to inquire into the present state of the Harbour Department, as to the best maaus to be adopted (or facilitating the landing of goods, and to extend their inquiries and call evidence ai to whether any tictter mode can be adopted by tbe formation of n Jetty or Bout Harbour. The Committee to consist of Mcmrs Burton, Cutlielil, Parris, Vickers, and Watr."

The Provincial Treasurer moved the recommittal of tli« Public Works Bill. Mr. Vickera in toe oliair. It wn9 proposed that clauses 14 and ntter should be proceeded with before considering the clauses pogiponcd at tho last sitting. Section 14, empowering General Meetings to elect Hoards of Commiisioiiern, was agreed.

Section 15, making the members of the Provincial Counnl for tho Town Commissioners ix officio, OT<is expunged. During the dincussion upon this clause Mr. Elliott inquiied whether it would be compulsory on the Commissioners to not after being appointed, anil whether it was proposed that they ihould be paid.

Mr. Burton considered that it would be a great hardship to compel the commissioners — tho duties might be Very heavy. He saw no reason why two or three men should bo oompollcd to perform these denies for the inhabitants of a district without payment.

The Provincial Treasurer thought this question would be most conveniently diseased when the clauic for expending tbe rates should come on for consideration.

Mr. Watt wa< of opinion that the work should be done under the authority, but not under the superintendence of Commissioners, A Surveyor of Public works nnd roads would be n necessary appointment. The commissioners might be paid every time they met, if payment wcrs considered .jiecesiary ; but unless the work wns done under properly responsible superintendence they might throw away more money on one mistake than would pay the aalnry of an efficient officer. It wan also suggested that it would be necessary for corh Board to employ a clerk or Becrotary.

Tlio 16th clause, defining tho term of Office of the commissioners was reserved.

Tho 17th clause, relating to the filling up of vn« cancics in tho Boards, was agreed with a slight amendment.

Tho 10th clause, duties of Chairman at General Meetings was agreed. Clause jfl, respecting the validity of proceedings nt General Meetings was agreed, with an amendment substituting 10 for 21 days. Tlie 20th clause, where proceedings at General Meetings declared invalid, was also agreed. On the leading of the 21st clause relating to the making and publishing lists of Rate payers and objections, Mr. Watt moved that the douse be rolerved, and tiiot the 1 3th clause be reconsidered. He desired to suggest an alteration in the mode of rating. The lion, member was proceeding to cx« plain bi» views when In- was interrupted by tho Provincial Treasurer. The bon. member is out of order, the matter before tho Committee is the 21»t clause, ond he thought it ought lo be discussed before being reserved. The clause wns ultimately reserved. The 22nd clau«e, making rates payable by occu. piers or owners and recoverable by distress, was agreed. The 23rd clause, doubling rales in arrcar for two months, and trebling them for four months, was obi jectedto. Mr. Cutfield thought the oJanno by far too stringent, poor men might by the failure of crops be un« ablo punctually to meet the rates, and if he could not pay a mingle rate he would bo still less ablo to pay a double or treble one. Mr. Parris did not see tho need of cither double fit treble rate. The Treasurer hud tho power to rcr

cover by distress or summary remedy. Mr, Elliott thought that a time should be fixed within which payment* were, to ho mn.de, ami it ihould he the duty of the Treasurer immediately to proceed fpr all outstanding sums, Mr. Watt thought tho clause 100 severe, but lie took Mr- Ellioit's view. Thero must bo tome method for the prompt collecion of ratesi Tl)o clause wai nmeiuled by substituting the words '• if left unpaid in whole or p.irt two calendar months Provincial Trc««urer Bhall me", and , agreed-. j On tho rending of the 24' th clause, empowering i the sale of l»nds for rate? six momhii in urrcar, tho Provincial Treasurer Haul h« liilmided to movo that tin 1 timo be extended to 12 uml 18 months. Mr. Parris moved seconded by Mr. Cutfield that Ilic clan»o lie erased. Mr. Wmt snid he would not vote for Its rejection until he saw what was to bo substituted in its place. The Provincial Treasurer defended the clnu«e. Property hnd its duties ns well as its rights. Absentees were bound to look after iheir property, if tliey did not do so, they had nothing to complain of ; ilia lion member Mr. Pnnis qunmllcd wilhthe wording of the section, hut he did not piopo«e any amendment. He presumed there wii no objection to rale the absentee lands — then there must be some means to recover tho rate. Mr. Parris did not object to taxing the absentee, but considered thin* a clause for confiscating their property ; it was without example in the laws of England. Mr. Cnlfieid anid some lands lnd no agents. The .Provincial Treasurer snid thnt the same power would be found inserted in the WelliiiK'on Fencing Ordinance and llonds Ordinance, And he did not see that Mr. Outfit- Id's objection had any tiling to do with the matter. j Mr. Bln'clilie— Mr. Parris'a mo ion slops the council, he would have us reject t'.iis clause, but be proposes nothing in its place. If it be mlmiUcd that absentee lands mult he rated, this clause docs tbi'm justice, it gives them fair notiie, and if they will not triko care of themselves, why, it will be ' their own fault. Mr Elliott asked wbnt was to be done ? — they would have 18 months notice of (ho bill, and '.' they had not agents here, they might appoint them. Mr. Watt could see no other way of obtaining tbo object. If absentees were rated there must be lome menus of recoveiing the money; the amendment gavo ampin nolice, and the justice of the case win satisfied. It was a mistake to say that there was no parrallel for tuch legislation in the Home Country. The Irish encumbered estntes bill took possession of ond sold propeity to satisfy private claims, surely the public might exercise nn cqunl right. Here the parties would have every oppora tunity ol preventing it; there it wus compulsory and the owner had no voice in the matter ; in so far it was true (hey were not strictly parrallels, but the legislative power assumed was identical, Mr. Pnrris nnd Mr. Cutfield still persisted in opposing the clause. The Provincial Treasurer— Ths power is not a new oue here ;by a writ issuing out of the supreme court the lands of a debtor may be disposed of to satisfy his creditors. This clause must pass or the bill be abandoned. He would give any other method that inicht be pointed out his licit consideration, hut was prepared to abandon the bill rather than take it without this chute or somo efficient substitute for it. | Mr. Watt moved the following nlieration " Provided, lastly, thnt no notice nhnll bo issued for the purposes of any sale under this pnscut provision unlil the cxjiii fiiioii of 18 calendar months from the passing of this present Ordinance." The Council divided. Ayes — Messrs. BUtchke, Burton, Chilman, Elliott, Itundle, and Wat. Noes Messrs. Cutlield, and Parris,. The clause as above iimeuded was then agreed. Clause 21, empowering commissioners to rate encroachments, was also cairied on division* Ayes — Messrs. Dlaschkc, Burton, Chllman, Cutfield, Parris, Watt. Noes, Elliott, Rundlc; Clause 25, .Directing the publication of lists of dcfauliers twice a year was agreed. Clause 27, Powers of Boards of Commissioners to direct construction of works waß also agreed after some discussion as to whether the commiisioners should not be precluded from undertaking con tracts ; and the adoption of the following clause on the motion of Mr. Burton. Clause 27 a. It shall not be lawful for any cqmmtssioncr directly or indirectly to undertake wholly or in part any contract or agreement on account of the Board of which he i» a member. Clause 28, directing tho application of rates, was agreed, it being considered that it empowered the commissioners to employ any assistance that might be found necessary for transacting the business of the Boards, as enjoined by tho Ordinance. Mr. Watt snid tbni lie thought iho contraction nnil maintenance ol Public Works should bo performed under the superintendence of Government Scientific knowledge wns ordinarily itquired and nowork of magnitude should he undertaken without a scientific examination of its feasibility. Clause 29, Aa to the division of Provincial Grants in proportion to rates levied, reserved. Clause 30, Permittinß the entrusting the expenditure of grants for specific purposes to comuiiosionars, was also agreed. Clause 31, Empowering Comminsioners to con struct diains on adjoining lands; and 32, enacting a penalty for obstructing, were agreed. Clauses 33, 34 and 35, were also agreed with verbal amendments; and on the motion of Mr. Burton, seconded by Mr. Blaschke, the council rc> flurried. The following notices of motion were given. The Provincial Treasurer, to movo at the next sitting the second reading of tho Appropriation Bill. | Mr. Rundle to movo for leave to bring in a Scab Prevention Bill, The Council adjourned to Tuesday tho sth of December, at 11 o'clock.