11 eiu %t;tl a n ix
VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES.
SESSION 11.
Thursday, August 31st, 185-4. The House met pursuant to a Proclamation issued by His Excellency tlie Officer administering the Government, dated August 17th, 1854. Present :—The Honorable the Speaker, E. J. Wakefield, Esq., W. T. L. Travers, Esq., E. Gibbon Wakefield, Esq., F. A. Weld, Esq., the Honorable J. Stuart Wortley, H. Sewell, Esq., J. Macandrew, Esq., J. O'Neill, Esq., W. M. Crompton, Esq., J. Cargill, Esq., Major Greenwood, J. Mackay, Esq., W. Lee, Esq., F. U. Gledhill, Esq., T. S. Forsaith, Esq., L. O'Brien, Esq., W. B. Rhodes, Esq., W. F. Porter, Esq., J. E. Fitzgerald, Esq., F. W. Merriman, Esq., J. W. Bacot, Esq., R. Hart, Esq., C. J. Taylor, Esq., Major Gray, W. S. Moorhouse, Esq., A. C. Picard, Esq., W. H. Cutten, Esq, T. King, Esq., W. Brown, Esq., J. Kelham, Esq, I. E. Featherston, Esq., H. Carleton, Esq., A. Ludlam, Esq. The Speaker read prayers. The Speaker took the Chair. The Speaker announced that ho had received a copy of the Speech which had just been read to both Houses of the Legislature, by His Excellency the Officer administering the Government, in the Legislative Council Chamber. The Speaker put to the House whether the copy of His Excellency's Speech should be laid on the table, or whether it should be again read. Mr. Forsaith moved that it be read. The Speaker then read the following Speech of His Excellency the Officer administering the Government of New Zealand, on opening the Second Session of the General Assembly :— Honorable Gentlemen of the Legislative Council and Gentlemen of the House of Representatives. My anxiety to promote beneficial Legislation for the Colony, notwithstanding the circumstances by which that most desirable object has been impeded, induces me to abstain entirely from alluding, on the present occasion, to the differences which have taken place between myself and the House of Representatives, except for the one purpose of declaring t you my sincere wish that the whole subject may be henceforth buried in oblivion. Nevertheless, I am conscious, as you must be, that the present Session of th- islature is of an unusual character, and must be considered as taking place rather for 'pose of
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disposing of a few matters of great and urgent importance, than of carrying in to_ immediate effect a comprehensive policy suited to the exigencies of the colony. Accordingly, in deciding upon the measures which it is my intention to recommend to your adoption, I have had more regard to the means of obtaining for you at a future time, powers which the Constitution Act withholds from the General Assembly, than to accomplishing at this moment many objects which might have been pursued with propriety during an ordinary session, when the members had not been fatigued by long previous labours, and were not disturbed by a natural anxiety to return as soon as possible to their homes. At th.e same time, it appears to me that there is matter for congratulation in the circumstance that the labours of the past Session have operated beneficially in maturing the opinions of the Legislature upon many subjects of importance, and therefore contributing valuable facilities towards the work of legislation at the present time. In compliance with engagements into which I consider myself to have entered with both Houses of the Legislature and with the Colony, I have endeavoured, by appointments to my Executive Council, to give to all the Provinces an effectual voice and influence in both the Legislative and Executive proceedings of the Government, and although the extent to which I have been able to accomplish this object, is not yet satisfactory to me, especially with regard to the Legislative Council, I am in hopes of being able, ere long, to complete the work in a manner altogether unobjectionable. In compliance with the same engagement, I now proceed to lay before you my views of what the wants and best interests of the Colony demand, this shall, as far as posible, bo done in the practical form of measures suggested for your adoption, and the statements of my own intentions with regard to the exercise of powers exclusively vested in the Crown. With regard to Legislative measures, I consider it expedient to divide these into three classes : First, such as are of great importance and urgency with regard to time ; secondly, such as, though perhaps of equal importance, might be postponed if you should be indisposed to devote sufficient time for their enactment: and thirdly, measures of less consequence, not involving any political principles, and concerning which it may be presumed that no material difference of opinion exists, either in the Legislative Council or in the House of Representatives. As belonging to the first class, I purpose laying before you a Bill for the establishment of complete Ministerial Responsibility. This measure is required from me, in pursuance of the engagement before alluded to. It would of course be reserved for Her Majesty's assent. I also consider it extremely desirable that a Bill, subject likewise to her Majesty's assent, should be passed without delay, for empowering the General Assembly to transfer to the Provincial Legislatures its own powers with regard to the Waste Lands of the Crown. Under this class I am also of opinion that the Colony will be gratified, and materially served, if you should pass a Bill, likewise to be reserved for her Majesty's assent, for empowering the General Assembly to alter the composition of the Legislative Council in such manner as to bestow upon that body, the popular, yet conservative character of an elected Senate. Under the second class, it seems to me very desirable to pass measures for the following purposes Firstly,—For equalizing the representation of the people in the House of Representatives, so as to give full effect to the following provision of the Constitution Act:—" And in deter- " mining the number and extent of such electoral districts, and the number of members to be " elected for each district, regard shall be had to the number of electors within the same, so " that the number of members to be assigned to any one district, may bear to the whole " number of the members of the House of Representatives, as nearly as may be, the same pro- " portion as the number of electors within such district, shall bear to the whole number of " electors in New Zealand." Secondly,—For empowering tfce Provincial Superintendents and Councils to legislate under certain restrictions, with respect to the issue of bills, notes, or other paper currency. Thirdly,—For empowering the Provincial Superintendents and Councils to establish and manage Provincial Post Offices. Fourthly,— The same with regard to Provincial Beacons and Light Houses. Fifthly,—For empowering Superintendents to dissolve Provincial Councils. I hese measures would necessarily be reserved for Her Majesty's assent. Sixthly,—For preventing holders of office under the General Government from sitting as members in the House of Representatives, excepting always members of the Executive Council. Under the third class, I propose laying before you a bill for providing Secondary Punish- £ Marriage bill; a Nelson Trust Fund bill; a Land Claimant's Estate bill; a bill for establishing limited liabilities in industrious undertakings, and especially with regard to institutions and societies of a benevolent character. Under this class, provided both Houses
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should be willing, in their regard for the interests of the Colony, to devote sufficient time for the purpose, I should recommend a bill for the reform of the Tariff, on the principle of simplification as laid down in the Report of a, Select Committee of the House of Representatives; and a bill to prevent bribery and treating at elections. In the measure which I shall submit to you for the appropriation of the Revenues, you will find adopted these two principles : First, that the portion allotted to the General Government has been carefully reduced to the minimum, not inconsistent with efficiency ; and secondly, that after deducting the same in proportionate shares from the amount raised in each Province respectively, the remainder becomes Provincial Revenue, subject to disposal by the Provincial authorities alone. In the estimates of general expenditure, you will find taken as guides the principles of the closest economy not inconsistent with efficiency, of no pay without work; of pay in proportion to labour and capacity j and of the devotion of the largest possible amount of money to purposes of practical utility for the people. In proposing a sum to meet the expenses incurred by the members of the Legislature through their performance of the most important of all services to the people, I have been guided by the liberal but, far from extravagant, scale which obtains in similar cases in the other colonies, and with regard to this subject I deem it right to express to you my opinion that it would be as impossible in New Zealand as it has been found in all other new countries to constitute an efficient Legislature in Session, without fully providing for the expenses of members. At the same time, I deem it inexpedient, considering the immaturity of this colony, that offices of honour and distinction, which in a great measure supply their own reward, should be made objects of desire to persons likely to be more influenced by pecuniary considerations. Before proceeding to a statement of my views as to the exercise of the powers vested solely in the Crown, I consider it my duty to state that in the present and immediate prospective composition of the Executive Government, I am in hopes that each province will find the means of securing attention to its peculiar wants and wishes; and I can assure you that so long as I shall have the honour of representing Her Majesty in this country, I shall be bent upon so exercising the authority entrusted to me as to recognize and act upon the principle that every province, more or less, has peculiar needs, arising from peculiar circumstances which call for special attention from the General Government. What such needs may be in the provinces of the South, the head of the Government will only be able to learn from the representatives of the provinces in the Assembly, and in particular from members of the Legislature who shall be advisers of the Governor in his Executive Council. But as respects Auckland, the information which I have been able to obtain by the residence of the General Government on the spot, enables me to lay down the following propositions as containing my views of fair policy towards that portion of the colony; first, that any question as to the seat of Government or place of meeting of the General Assembly, shall be with the ministers and their supporters an open question. That if at any time the seat of Government or the place of meeting of the General Assembly should be changed, the Province of Auckland shall have a Lieutenant-Governor, (subject to of New Zealand,) maintained at its own'cliarge, and exclusive powers of legislation, except on certain specified subjects. In such case, with a view to preserving intact the unity of the colony, certain questions (to be specified) affecting New Zealand as a whole, to be dealt with by laws to be from time to time passed by both Northern and Southern Legislatures, or by an Assembly or Convention of a certain number of members of both Legislatures. That in accordance with the recommendation of a Select Committee of the House of Representatives the Province of Auckland be relieved from bearing any portion of the New Zealand Company's debt, whilst, on the other hand, that Province shall bear the whole of any debt incurred for its exclusive advantage. In exercising the power of the Crown until prospective legislation shall take effect and complete Ministerial Responsibility shall be established, I shall always have in view the infusion of activity and vigour into the working of all the departments. These are principally, the Post-Office, the Administration of Customs, and the disposal of Waste Lands. With regard to the Post Office, I desire the utmost improvement of arrangements (and without delay) for insuring promptitude, order, safety, and punctuality. The means,must be, thoroughly efficient officers, and a new set of Regulations, which shall strictly specify their duties, and provide for their constant responsibility in the performance of them. lam of opinion that all the Post Offices should be placed under a really efficient Post-master General, to whom should also be entrusted the management of Steam Communication as far as that may be dependent on the General Government. In the administration of the Customs, such as determining ports of entry, sites of Custom Houses, and the appointment and removal of officers, I intend to be advised by the Provincial Governments, until the General Assembly shall have full authority to empower the Provincial Governments to manage the Customs administration.
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On the all important subject of Waste Lands it is necessary for me to enter into fuller explanations. Until the receipt of authority for the Assembly to transfer to the Provincial Legislatures the powers in it vested by the Constitution Act, I am disposed to exercise in the same manner and with the same effect the powers which remain vested in the Governor until the General Assembly shall otherwise direct. I intend that the Provincial Superintendents and Councils shall be virtually enabled to frame and administer regulations for the disposal of lands by sale, lease or depasturing licenses. But inasmuch as the present Superintendents and Councils were elected when the people had no conception that such powers, with regard to the most important of all Colonial subjects, would be conferred upon those authorities, I deem it just and right that the people, in all cases where they shall desire it, should be enabled to exercise afresh their right of choosing a Superintendent and t'ae members of the Provincial Council. By this means, which the Constitution specifically authorizes the Governor to employ when he shall see fit, the intended transfer of powers to the provinces would be made, not to the actual Superintendents and Councils, who are not strictly speaking the provinces, but to the people themselves, being those who are most deeply concerned and interested in this new Provincial Legislation, it is proposed to adopt the most effectual means in each Province of ascertaining whether or not a majority of the electors desire such re-elec-tion of the Provincial Authorities. In any case where a majority of the electors shall decide that question in the negative, the transfer of powers will be made to the existing Superintendent and Council. In the meanwhile, regulations will be issued, as soon as possible, for the purpose of setting apart in every district of each province, a considerable proportion, but not less than one-third, of the waste lands, in such manner as to afford the greatest encouragement and facilities to bona fide occupying settlers, whether now resident in the Colony, or who may come to it from any other place, and in particular it is intended, first, that the cost of passage incurred by any such persons, whether possessing some capital, or settling in New Zealand as labourers for hire, shall count as purchase money of land, at the current rate of steerage passage from the Mother Country to the Colony ; secondly, that such persons shall obtain credit for a term of years for the payment of the purchase money; and thirdly, in order to prevent mere land speculation by settlers of this class, that they shall not obtain a full or transferable title until after actual occupation of the land for a reasonable time. It is also intended that such regulations shall be administered in each Province by a Board of Commissioners to be appointed by the Governor, and to be bound by stringent instructions for securing impartiality, and an entire openness and publicity in all their proceedings. In the I rovinces of Nelson, Wellington, and New Plymouth, there remain unsatisfied claims fur compensation in land for losses and sufferings occasioned by the New Zealand Company. 1 hat body awarded very ample compensation to the class of resident and absentee puK-hasers of land from them, but entirely overlooked the working classes, whose peculiar and sufferings were made the principal ground-work of those claims to compensation winch have already been so fully satisfied. The justice of the cl aim of the uncompensated in i(>e i rovinees, has been more or less recognizeed by the Imperial Government and the jo.i-inoi o i ew Zealand, and the Provincial Government of Wellington, as represented in V OUUCIl > e ySfo ec <, that whenever the waste lands of the Province should be at their disposal, a commission should be appointed to investigate such claims, and award compensation in respect thereof As it appears hard upon these claimants that compensation to them should Je j.os P cne any onger, whilst land in the most valuable situations is being otherwise disposed o>, intend to issue without delay, a commission, or commissions, which will make the requisite claims'exist aw a j ust com P eusafc i° n accordingly in the Provinces were such unsatisfied Extc\nfve F'n T PIGS W !i ioh ex P edient alld desirable that the Legislature and First t,h-it ft* f € ? omt^ tl y.S m ded } the following appear to me peculiarly important. as be'iniT Le S ,slafclve P°, wer on Executive should be carefully avoided, as bung uncontitutional and contrary to the spirit and genius of free government • secondly IffecS r. fara , S P- govern itself, iif respect okllmatSs with the rrenrril « 8 subject generally to the minimum of restriction consistent of the General Government, nothing being more objection- • l Zealand than a General Government interfering or meddlina with the Provin o"» T- AS • pr " Ci:C ' al 1 "fiJt prepare! "t the Electoral Distnrti; i'i "p , P asse, l I'}' an y Provincial Legislature for altering ,a'he pt™L?rc„ctr nS'T ""'-!; * nd in "r in « tb ° """ ha °< Province exclusively Vnt'tl tv 1 * °° P rmle S e or advantage shall be given to any distinction though i^lf bsolute justice shall, as far as possible, be done to all without order 'Ration for a Province in
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In conclusion, let me express my earnest hope and trust that the line of policy, which I have indicated to you, may prove as satisfactory to you as I cannot doubt that it will to those whose interests are committed to our care, and that we may be enabled by patience and industry, even by the brief Session of the Legislature, which is now compatable with the desire of the Southern members to return to their Provinces, to give so muoh effect to that policy as shall be immediately felt by the people in the form of valuable practical improvement of their condition. E. H. Wynyabd, Officer Administering the Government. Government House, Auckland, 31st August, 1854. Mr. Forsaith moved, seconded by Mr. Travers that His Excellency's Speech be printed. Agreed to. Ordered to be printed. Mr. Forsaith gave notice that to-morrow he would move an address in answer to the opening Speech of His Excellency. Mr. Forsaith moved, seconded by Mr. Travers, that the House do now adjourn till tomorrow at 5 o'clock. Question put and carried.—House adjourned accordingly. Charles Clifford, Speaker.
HOUSE OF REPRESENTATIVES.
FRIDAY, September Ist, 1854. NOTICE OF MOTION. 1. MR- FORSAITH —To move the following Address in reply to the Speech of His Excellency the Officer administering the Government on opening the General Assembly on Thursday, the 31st August, 1854 : — The House of Representatives present to your Excellency the respectful expression of their thanks for the full and unreserved statement of your Excellency's views and intentions, as these are set forth in the Speech by which the Session has been opened. The House desire to assure your Excellency of their concurrence, generally, in the liberal principles, and popular sympathies which mark the policy indicated by your Excellency's speech; and they readily promise your Excellency that their most prompt and diligent attention shall be given to every measure which may be laid before them by your fcxcellency's advisers. Nevertheless, the House are of opinion that it will be difficult, if not impossible, to protract the Session longer than may be requisite for giving immediate effect to such measures as are of a peculiarly urgent character with regard to time, or are not likely to elicit material difference of opinion. Whilst the House are sure that your Excellency will recognise flie great inconvenience to which Southern members of both Houses would be subjected by a much prolonged detention from home, they acknowledge that every Representative of the people is in duty bound to make sacrifices of personal convenience, in order that beneficial legislation by the General Assembly may not be indefinitely postponed ; and the House doubt not, that from amongst the measures which your Excellency has brought to their notice for present or future enactment, they shall be able to select such a proportion as may become law, with great advantage to the Colony, and without overtasking the public spirit of those members who represent the people at a distance. To the end that the service of the people may be the single object and motive of every member of the Legislature during a comparatively brief Session, the House cordially respond to the wish of your Excellency, that the whole subject of past differences may be henceforth buried in oblivion. House of Representatives, Sept. 1,1854. F. E. CAMPBELL, Clerk.
ft Md %ta I a n fc. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES.
SESSION 11.
Friday, September Ist, 1851. Present :—The Speaker and 33 members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the chair. Minutes of last meeting read. Major Greenwood presented a Petition from certain inhabitants of Auckland and its neighbourhood ; respecting the administration of the Waste Lands.—Petition received Major Greenwood moved, seconded by Mr. Cargill, that the Petition be printed. Agreed to. Ordered to be printed. Mr, Sewell gave notice that to-morrow he would move the suspension of the Standing Orders, in order to pass through their several stages the folio wing Bills:— 1. A Bill for regulating the management of certain lands, reserved for Public purposes, in the several Provinces of New Zealand. 2. A Bill for amending an Ordinance passed by the Governor and Legislative Council of New Zealand, for regulating the sale of Fermented and Spirituous Liquors. Mr. Wortley gave notice that to-morrow he would move, that the following Address in accordance with the resolutions passed by this House, on the last day of the last Session, be transmitted to Her Majesty :— To the Queen's Most Excellent Majesty,— "We the Commons of New Zealand, assembled in their House of Representatives, humbly beg leave to approach your Majesty with renewed assurances of our loyalty and attachment to your Majesty's person and throne. We have already conveyed to your Majesty our grateful thanks for the boon of Constitutional freedom, conferred on us by a recent Act of the Imperial Parliament. We have further addressed your Majesty in grateful acknowledgment of what we then believed to have been the final completion of that measure of Constitutional freedom by the concession of Responsible Government. We deeply regret now to be compelled to address your Majesty in other language, and to pray for that, we believed we had already attained.
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We are compelled to submit to your Majesty tliis our humble prayer, that your Majesty will be pleased to give effect to the principle of Ministerial Responsibility in the conduct of Legislative and Executive affairs, by instructing his Excellency the Officer administering the Government to remove from their offices the Gentlemen respectively filling the offices of Attorney-General, Colonial Secretary, and Colonial Treasurer of this Colony ; and further to instruct His Excellency to give your Majesty's Royal Assent to a Bill to be passed by the General Assembly, for establishing the Executive Government on the basis of Ministerial Responsibility. It would be impossible within the limits of this Address to narrats fully the circumstances under which we are obliged to make this appeal. We have ordered to be transmitted to your Majesty's Secretary of State for the Colonies, the fullest and most authentic particulars, in sure reliance that the consideration of them, will satisfy your Majesty of the justice and wisdom of that measure which we now pray your Majesty to grant. We can assure your Majesty that a generous confidence in the people of this Colony, which shall place in their own hands, through an Executive Government responsible to a popular Legislature, a large controul over their own affairs, will be a sure means of uniting this distant dependency of Great Britain to its parent Empire by an indissoluble tie. Mr. Wortley also gave notice that at the same time he would move, that Mr. Speaker be instructed to transmit to Her Majesty's Secretary of State for the Colonies, copies of all papers and documents which have been laid before the House, relative to the establishment of Responsible Government. A deputation from the Legislative Council was announced. The deputation on being introduced presented two Bills, the "Interpretation Bill" and the "Dower Bill," to which they prayed the assent of the House. The deputation then withdrew. Mr. Fitzgerald gave notice that to-morrow he would move for leave to bring in a Bill for regulating the management of the Waste Lands of the Crown. Mr. Merriman moved that the course heretofore adopted with regard to Bills brought up from the Legislative Council be adhered to; viz., that the Bills be now read.—Agreed to. * Dower Bill read a first time, and ordered for second reading. O Interpretation Bill read a first time, and ordered for second reading. Mr. Forsaith moved, seconded by Mr. Cargill, the adoption of the address to his Excellency the Officer administering the Government, on this days notice paper, in answer to the Speech of his Excellency on opening the Session. Dr. Monro with the "leave of the House then read the following address, which he intended to move as an amendment:— AY e, the Commons of New Zealand assembled in their House of Representatives, acknowledge with great respect, the address delivered by your Excellency to this House at the opening of the present Session. Heartily concurring in the wish expressed by your Excellency to avoid reference to past differences between your Excellency and this House, and anxious to devote the small space of time which remains available of the Session before us, to measures of immediate importance, we respectfully point your Excellency's attention to the fact, that a large proportion of the Members of the Legislature drawn from the Southern parts of the Colony, have already been detained from their homes, soxe upwards of five months, none for a less period than three months and a-half ; and that they will be obliged to return thither by the next steamer which may be expected to leave Auckland probably within a few days from this time. It being obvious that under these circumstances, it would be impossible to give adeem ate consideration to alUhe measures proposed in your Excellency's address, this House can only state that it recognizes the practical utility of many of them. It must at the same time add, that as to a large proportion of those measures, it is of opinion, that they involve questions A« u 'b magnitude that they ought to be submitted to a Session of the General incr tS /rJfil bef T lt; for (lehbcratiou ' then only by a Government erijoyof the Legislature, and responsible to it for the proper administration of whatever measures may be adopted. But that which appears to this House to be its most urgent and imperative duty, is to pro- » ™» u
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Whilst the House thankfully acknowledges the desire expressed by your Excellency to give effect to the principle of Ministerial Responsibility in the conduct of Legislative and Executive affairs, it cannot refrain from expressing its regret that your Excellency should have deemed yourself to be in such a position as to be unable to concede its immediate and complete establishment. During the necessary interval which must elapse before this object can be attained, this House ventures to submit to your Excellency its deliberate judgment, that such a partial application of the principle as is proposed by your Excellency will fail in its object, and be attended with detriment to the public service. A mixed Executive, as now constituted, composed in part of irresponsible officers, and in part of members drawn from a small minority of this House—a Ministry constructed on a delusive theory of representation of Provincial interests—is a form of Government in which the House declares its absolute want of confidence. During the interval of suspense which we fear is inevitable before the establishment of Ministerial Responsibility, this House reluctantly expresses its opinion that the Executive Government of the Colony should be continued as formerly, under the exclusive management of those public officers who at present derive their authority from, and are responsible to her Majesty. This House has already conveyed to your Excellency its opinion as to the expediency of such a change ; but, as a choice of evils, it deems it best to submit for a short space .of time to that alternative. This House is ready to grant supplies to a Government conducted by the old Executive officers, and it humbly prays your Excellency to lay before it the necessary estimates at the earliest possible moment. Further, this House begs to assure your Excellency that it will devote the small space of time during which it is possible for members to remain together, to the work of forwarding such Legislative measures as are of the most urgent importance, and as can be passed through the requisite stages within the allotted time; and, under the pressure of existing circumstances, it will by ail means in its power facilitate the passage of such public business. Mr. Forsaith moved, seconded by Mr. Cargill, that the House resolve itself into a committee of the whole, for the consideration of his proposed Address. Dr. Monro opposed the motion. Mr. Forsaith with leave of the House withdrew his motion. The House then proceeded to the consideration of Mr. Forsaith's Address. Dr. Monro as an amendment then moved the adoption of the Address which he had read. Debate ensued. Question put that the whole of the words proposed to be omitted, do stand part of the question. House divided. Ates, 10 : Noes, 21: Messrs. Macandrew, Messrs. Ivelham, Forsaith, Featherston, Cargill, Brown, E. G. Wakefield, Revans, E. J. Wakefield, Bacot, J. Maekay, Fitzgerald, O'Neill, King, Lee, Wortley, Merriman, Taylor, Travers (teller). Ludlam, Cutten, Gray, Moorhouse, Weld, Rhodes, Hart, Sewell, Carleton, Picard, Gledhill, Monro, Crompton (teller) Motion made and question put: that the Address proposed as an amendment be substituted. Carried.—Address as amended adopted.
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Moved by Dr. Monro, that the Speaker do present the address to-morrow, to his Excellency, accompanied by as many members as may think fit. Carried. Mr. Fitzgerald moved that the second reading of the Dower and Interpretation Bills, do stand an order of the day for to-morrow-—Agreed to. Mr. Sewell to move to-morrow the re-appointment of New Zealand Company's Debt Committee. . . Mr. Merriman to move to-morrow for a Committee to superintend the printing of the Votes and Proceedings of this house, the Committee to consist of the Honorable the Speaker, Mr. Sewell, Mr. Cutten, Mr. Carleton, Mr. O'Brien, and the Mover. Mr. Merriman gave notice that to-morrow he would move that a Committee be appointed for the Session, to be called the Standing Orders Committee, to prepare such Standing Orders as they may from time to time deem advisable to be adopted by the house ; that the Committee have permission to report to the house as they may see occasion, or be requested by the House, and that the Committee be authorised to communicate with any Committee which may be appointed by the Legislative Council for the same purpose, that the Committee consist of the Honorable the Speaker, Mr. Sewell, Mr. Carleton, Dr. Monro, Mr. E. J. Wakefield, Mr. King, and the Mover. Mr. Weld gave notice that to-morrow he would move the re-appointment of the Com. mittee, charged with the enquiry into the Public Finances of the Colony. Mr. Pieard gave notice that to-morrow, he would move an Address to his Excellency, on the subject of the Native Reserves of this Colony. Mr. Fitzgerald to move to-morrow for a copy of any report from the Native Secretary, received since the last few months, on the subject of threatened disturbances among the natives. Mr. Jerningham Wakefield moved, and Major Greenwood seconded, that the House at its rising do adjourn till Tuesday. Mr. Hart as an amendment moved that the House at its rising do adjourn until to-morrow at 12 o'clock. Amendment put. House divided. Ayes 21. Noes 10. Messrs. Revans, Messrs. Cargill, Ludlam, Forsaith, Brown, Greenwood, Crompton, Macandrew, Cutten, Mackay, King, E.J.Wakefield, Sewell, Lee, Weld, E. G. Wakefield, Featherston, Travers, Gray, O'Neill (teller). Revans, Gledhill, Fitzgerald, Hart, Taylor, Moorhouse, Picard, Monro, Carleton, Baeot, Wortley (teller). Amendment carried. Mr. Fitzgerald gave notice of motion for to-morrow, for leave to introduce a Bill to regulato the management of the Public Reserves. Mr. Carleton gave notice of motion for to-morrow, for leave to introduce a Law Practitioners Bill. Mr. Fitzgerald gave notice that, to morrow, he would move the suspension of the Standing Orders, with a view to the passing the Bills before mentioned, and others on the notice paper, through all their stages at once. The House adjourned until to-morrow, Saturday, 2nd September, at 12 o'clock, noon. Charles Cliffobd, Speaker.
HOUSE OF REPRESENTATIVES.
SATURDAY, September 2nd, 1854. NOTICES OF MOTION. 1. MR. SEWELL—To move the suspension of Standing Orders in order to pass through their several stages the following Bills— A Bill for regulating the management of certain Lands reserved for public purposes in the several Provinces of New Zealand. A Bill for amending an Ordinance passed by the Governor and Legislative Council of New Zealand for regulating the sale of Fermented and Spirituous Liquors. 2. MR. WORTLEY —To move the following Address to Her Majesty, in accordance with the Resolution passed by the House on the last day of the last Session:— To the Queen's Most Excellent Majesty. We, the Commons of New Zealand, assembled in their House of Representatives, humbly beg leave to approach your Majesty with renewed assurances of our loyalty and attachment to your Majesty's person and throne. We have already conveyed to your Majesty our grateful thanks for the boon of Constitutional freedom conferred on us by a recent Act of the Imperial Legislature. We have farther addressed your Majesty, in grateful acknowledgment of what we then believed to have been the final completion of that measure of Constitutional freedom by the concession of Responsible Government, we deeply regret now to be compelled to address your Majesty in other language, and to pray for that we believed we had already attained. We are compelled to submit to your Majesty this our humble prayer, that your Majesty would be pleased to give effect to the principle of Ministerial Responsibility, in the condnct of Legislative and Executive affairs, by instructing His Excellency the Officer administering the Government to remove from their offices the gentlemen filling respectively the offices of Attorney-General, Colonial Secretary, and Colonial Treasurer of this Colony; and further to instruct his Excellency to give your Majesty's Royal Assent to a Bill to be passed by the General Assembly for establishing the Executive Government on the basis of Ministerial Responsibility. It would be impossible, within the limits of this Address, to narrate fully the circumstances under which we are obliged to make this appeal. We have ordered to be transmitted to your Majesty's Secretary of State for the Colonies, the fullest and most authentic particulars, in sure reliance that a due consideration of them will satisfy your Majesty of the justice and wisdom which we now pray your Majesty to grant. We can assure your Majesty that a generous confidence in the people of this Colony, which shall place in their own hands, through an Executive Government, responsible to a popular Legislature, a large control over their own affairs, will be a sure means of uniting this distant dependency of Great Britain to its parent Empire by an indissoluble tie. 3. MR. WORTLEY —To move that Mr. Speaker be instructed to transmit to Her Majesty's Secretary of State for the Colonies, copies of all papers and documents which have been laid before this House relative to the establishment of Responsible Government.
t 4. MR. SEWELL —To move that the Committee on the New Zealand Company's Debt be re-appointed. 5. MR. KELHAM—To move for the re-appointment of the Committee named in the last Session, to enquire into the state of the Debenture Debt and Public Debt of the Colony. G. MR. PICARD—To move an Address to His Excellency on the subject of the Native Reserves of this Colony. 7. MR. WELD —To move the re-appointment of Committee on Public Finance, same members as before. 8. SIR. FITZGERALD—To move for a copy of any Report from the Native Secretary received since the Fast few months on the subject of threatened disturbances amongst the Natives. 9. MR. FITZGERALD —To move for leave to bring in a Bill for the Management of "Waste Lands of the CroWn. 10. MR. FITZGERALD—To move for leave to bring in a Bill for the Management of the Public Reserves. 11. MR, FITZGERALD—To move for suspension of the Standing Orders, in order to carry Bills on paper through all their stages. 12. MR. CARLETON—To ask for leave to bring in a Law Practitioners Bill. 13. MR. MERRIMAM—To move, on Tuesday, the 6th instant, for a Committee to superintend the printing of the votes and proceedings of this House. The Committee to consist of the Speaker, Mr. Sewell, Mr. Cutten, Mr. Carleton, Mr. O'Brien, and the Mover. 14. MR. MERRIMAN—To move that a Committee be appointed for the cession, to be called the Standing Orders Committee, to prepare such Standing Orders as they may from time to time deem advisable to be adopted by the House. That the Committee have permission to report to the House as they may see occasion, or be required by the House j and that the Committee be authorised to communicate with any Committee which may be appointed by the Legislative Council for the same purpose. That the Committee consist of the Speaker, Mr. Sewell, Mr. Carleton, Dr. Monro, Mr. E. J. Wakefield, Mr. Kino-, and the Mover. a ORDERS OF THE DAY. 1. Second reading of the Dower Bill. 2. Second reading of the Interpretation Bill. F. E. CAMPBELL, Clerk.
51 fo %eal a n i. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES.
SESSION 11. .
Saturday, September 2nd, 1854. Present :—The Speaker and 25 members. The House met pursuant to adjournment. -The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. Mr. Mackay gave notice that, on Tuesday next, he would move for leave to bring in a Bill, to reform the present Tariff, on the principle of simplification. Mr. Fitzgerald gave notice that, on Monday next, he would move for a correct copy of the confidential memorandum, marked No. 7 or A, appended to his Excellency's message No. 25. Mr. Sewell, by leave of the House, withdrew that part of his motion standing No. 1, on this days Notice Paper, relating to the suspension of Standing Orders ; and moved for leave to bring in a Bill to regulate the management of certain lands reserved for Public purposes, in the several Provinces of New Zealand.—Leave given. On the motion of Mr. Sewell the bill was read a first time ; and ordered for second reading. Mr. Sewell moved for leave to bring in a "Bill, for amending an ordinance passed by the Governor and Legislative Council of New Zealand, for regulating the Sale of Fermented and Spirituous Liquors."—Leave given. On the motion of Mr. Sewell, the bill was read a first time, and order for second reading. Mr. Wortley moved the adoption of the Address to Her Majesty, of which he had given notice yesterday. Mr. Ludlam seconded the motion.—Address adopted. Mr. Wortley according to notice moved that, Mr. Speaker be instructed to transmit the Address to her Majesty's Secretary of State for the Colonies, with copies of all papers and documents, which have been laid before this House, relative to the establishment of Responsible Government.—Agreed to. Mr. Sewell according to notice moved that, the following gentlemen be appointed a Select Committee, to enquire into the origin, nature, and extent of the just claims, if any, of the New Zealand Company, upon the Colony of New Zealand ; viz.: Mr. Hart, Mr. Forsaith, Major Greenwood, Mr. King, Mr. Ludlam, Mr. Macandrew, Dr. Monro, Mr. O'Neill, Mr. Picard, and the Mover, with liberty to adopt evidence taken before the Committee appointed during the last Session, and to send for witnesses and papers ; the report to be brought up on Wednesday next. Mr. Kelham, according to notice, moved that the Committee appointed during the last Session, to enquire into the Debenture debt, and Public debt of the Colony, be re-appointed, with i > addition of Mr. Brown, and that permission be given that evidence taken before such C mittee during last Session may be adopted.—Agreed to. Re be brought up on Thursday next.
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Mr. Carleton gave notice that, on Monday next, he would move for leave to bring in a Pre-emption Land Claims Bill. . _ Mr. Picard, with the leave of the House, postponed his motion standing No. 6 on this day's paper. , . Mr. Picard gave notice that, on Monday next, he would mo\e tor lea\e to bring m a iiili for the management of the Native Reserves in the Province of Nelson. Mr. Weld, according to notice, moved the re-appointment of the Committee on Public Finance, appointed during last Session, and that permission be given that evidence taken before that Committee may be re-adopted.—Agreed to. Mr. Fitzgerald, according to notice, moved for a copy of any report from the Native Secretary, received since the last few months, on the subject of threatened disturbances amongst the natives. Mr. Hart seconded the motion.—Agreed to. Mr. Fitzgerald, according to notice, moved for leave to bring in a Bill, for the management of the Waste Lands of the Crown, in the Colony of New Zealand. —Leave given. Mr. Fitzgerald moved that, the Bill be now read a first time.—Bill read. Mr. Fitzgerald moved that the Bill be printed; and ordered to be read a second time, on Monday next.—Agreed to. Mr. Sewell moved, seconded by Mr. Merriman, the suspension of Standing Orders Nos. 42, 47, 48, and 49, in order to pass Bills through several stages. —Agreed to. Mr. Carleton, according to notice, moved for leave to bring in a "Bill to enable the Barristers and Solicitors of the Supreme Court, to act as General Law Practitioners. Leave given. On the motion of Mr. Carleton the Bill was read a first and second time. Mr. Merriman, according to notice, moved Nos. 13 and 14 standing in his name on this day's Notice Paper, which were severally agreed to. Mr. Merriman, viith the leave of the House, moved for leave to bring in a Bill, to amend an ordinance for the Registration of Deeds and Instruments affecting real property. Leave given. On the motion of Mr. Merriman, the Bill was read a first time, and ordered to be Tead a second time, on Tuesday next. Mr. Sewell moved that, the Public Reserves Bill be now read a second time.—Agreed to. Bill read a second time. On the motion of Mr. Sewell, the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for the consideration of this Bill. On the Speaker resuming the Chair, the Chairman reported the Bill with amendments. The report of the Committee adopted by the House, and the third reading of the Bill ordered to stand an order of the day for Monday next. On the motion of Mr. Sewell, the Licensing Amendment Bill was read a second time, and the House resolved itself into a Committee of the whole for consideration of this Bill. On the Speaker resuming the Chair the Chairman reported the Bill without amendment. On the motion of Mr. Sewell the Bill was then read a third time and passed, and Messrs. Fitzgerald and Merriman charged with the presentation of the Bill to the Legislative Council. On motion of Mr. Hart, the Interpretation Bill was read a second time, and the House resolved itself into a Committee of the whole for consideration of this Bill. On the Speaker resuming the Chair, the Chairman reported progress, and obtained leave to sit again on Tuesday next. On motion of Mr. Merriman, the Dower Bill was read a second time, and referred to a Select Committee consisting of Messrs. Sewell, Picard, Hart, O'Brien, Moorhouse, and the Mover. Report to be brought up on Tuesday next. On motion of Mr. Fitzgerald, seconded by Mr. Hart, it was resolved:—that it be referred to the Select Committee appointed to consider the Dower Bill, to consider and report to this House, as to the legal and valid effect of the recent Prorogation of the General Assembly. The House then adjourned till 6 o'clock this evening. Chables Clifford, Speaker.
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Saturday, September 2nd, 1854, (6 p.m.) Psesesi :—The Speaker and 30 Members. The Speaker took the Chair. Mr. Wakefield gave notice that, on Tuesday next, he would move a Resolution declaratory of the opinion of this House, that in justice the Province of Auckland ought to be at once relieved from bearing any portion of the New Zealand Company's Debt. Mr. Porter gave notice that, on Monday next, he would move for leave to bring in a Bill to prevent Bribery at Elections. Major Greenwood gave notice that, on Tuesday next, he would move for leave to bring in a Bill to adjust the Electoral districts, and number of members to be returned by each, in conformity with the 41st Clause of the Constitution Act. Mr. Forsaith moved, seconded by Mr. Travers, that Standing Order No. 29 be suspended. Agreed to. Mr. Forsaith moved, seconded by Mr. Fitzgerald, for leave to bring in a Bill to regulate Law of Marriage.—Leave given. On motion of Mr. Forsaith, seconded by Mr. Fitzgerald, the Bill was read a first time, and ordered to be read a second time on Tuesday next. Mr. Travers gave notice that, on Tuesday next, he would move that the Standing Orders elating to the passing of Public Bills be suspended, in order that the Land Claimants' Estate Act may be passed through its various stages. Mr. Travers gave notice that, on Tuesday next, he would move for leave to bring in a Bill to remove doubts respecting the Legal Estate in Lands granted to Claimants under the New Zealand Company, and purchasers from the Crown. Mr. Forsaith gave notice that, on the Marriage Bill being considered in Committee he would move certain amendments, to appear on the Notice Paper of Tuesday next. Mr. Fitzgerald gave notice that, on Monday next, he would move for a copy of any instructions to the Governor of New Zealand, authorising him to make regulations for the disposal of the Waste Lands of the Crown in New Zealand. Mr. Sewell gave notice that, on the third reading of the Public Reserves Bill, he would move the introduction of a clause, having for its object the enabling of the Governor of the Colony to make grants of land re-claimed, or re-claimable from the sea or navigable rivers. Mr. Moorhouse gave notice that, on the third reading of the Public Reserves Bill, he would move for leave to introduce a clause or clauses, having for their object the protection of private rights which may be effected by grants of land, re-claimed or re-claimable from the sea or navigable rivers. House adjourned till 12 o'clock on Monday next. Chaeles Clifford, -Speaker.
HOUSE OF REPRESENTATIVES
MONDAY, September sth, 1854. NOTICES OF MOTION. t. MR. FITZGERALD—To move for a correct copy of the confidential memorandum marked No. 7 or A, appended to His Excellency's Message No. 25. 2. MR. CARLETON—To move for leave to bring in a Pre-emption Land; Claims Bill. 3. MB. PICARD—To move for leave to bring in a Bill for the management of the Native Reserves in the Province of Nelson. 4. MR. PORTER—To move for leave to bring in a Bill to prevent Bribery at Elections. 5. MR. FITRGERALD—To move for a copy of any instructions to the Governor of New Zealand authorizing him to make regulations for the disposal of the Waste Lands of the Crown hi New Zealand. 6. MR. SEWELL—To move, on the third reading of the Public Reserves Bill, the introduction of a clause having for its object the' enabling the Governor ot the colony to make grants of land reclaimed, or reclaimable from the sea or navigable rivers. 7. MR. MOORHOUSE—To move, on the third reading of the Public Reserves Bill, for leave to introduce a clause or clauses having for their object the protection of private rights which may be affected by grants" of land reclaimed or reclaimable from the sea or navigable rivets. ORbERS OF THE DAY. 1. Second reading of the Waste Lands Bill. 2. Third reading of Public Reserves Bill. TUESDAY, September 6til, 1854. NOTICES OF MOTION. 1. MR. MACKAY—To move for leave to bring in a Bill for the reform'of the Tariff on the principle of simplification.
2. MAJOR GREENWOOD—To move for leave to bring in a Bill to adjust the electoral districts, and number of members to be returned by each, in conformity with the 41st clause of the Constitution Act. ORDERS OF THE DAY. J. Report of Select Committee on Dower Bill. 2. Second reading of Registration of Deeds Bill. 3. Further consideration of Interpretation Bill in Committee. 4. Second reading of Marriage Bill. WEDNESDAY, September 7th, 1854. NOTICES OF MOTION. 1. MR. TRAVERS—To move the suspension of the Standing Orders relating to the passing of Public Bills through their various stages, in order that the Land Claimants Estate Bill may be passed through its various stages. 2. MR. TRAYERS—To move for leave to bring in a Bill to remove doubtg respecting the legal estate in lands guaranteed to claimants under the New Zealand Company, and purchasers from the Crown. ORDERS OF THE DAY. 1. Report of New Zealand Company's Debt Committed. THURSDAY, September Bth, 1854. ORDERS OF THE DAY. 1. Report of Public Debts Committee. FRIDAY, September 9th, 1854. NOTICE OF MOTION. 1. MR. WAKEFIELD—To move a Resolution declaratory of the opinion of this House that in justice, the Province of Auckland ought to be at once relieved from bearing any portion of the New Zealand Company's Debt. F. E. CAMPBELL, Clerk.
$U fo %ta I a n it. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. m
SESSION 11.
Monday, September 4th, 1854. Present :—The Speaker and 30 members. The House met pursuant to adjournment. The Speaker read prayers. -The Speaker took the Chair. Minutes of last meeting read. A message from His Excellency the Officer administering the Government was announced. His Excellency's Private Secretary was introduced and delivered the following messages, which were read hy Mr, Speaker and ordered to be laid on the table. Message No. 1. His Excellency the Officer administering the Government forwards to the House of Representatives "A Return of all monies received as Rents of the Native Reserves in " the Province of Nelson, and showing the Expenditure of the same" prior to the Ist of July, 1853. R. H. Wynyard. Government House, Auckland, 30th August, 1854. Message No. 2. His Excellency the Officer administering the Government informs the House of Representatives, that there is no record in the Public Offices of any correspondence " connected Yrith Governor Grey's alleged communication with Natives on the occasion of his visit to the Bay of Islands, in September 1847." R. H. Wynyard, Government House, Auckland, 30th August, 1854. Message No. 3. His Excellency the Officer administering the Government, forwards to the House of Representatives, " a Return showing the names of all persons who have purchased land in ths Province of Nelson since the proclamation of his Excellency Sir George Grey, of the 4th of March, 1853, the number of acres purchased by each person, and the a ,c? its paid for same, and whether such payments were made in cash or in scrip." R, H. Wth aed. G ■ <nt House, Auckland, 30th August, 1854.
2
Mr.ssAGK No. 4. On the 2nd instant, the Officer administering the Government, received an address from the House of Representatives, in answer to the Speech with which he opened the second Session of the General Assembly. In order that no time might be lost in obtaining for the people of New Zealand, the establishment, by competent authority, of Ministerial Responsibility in the conduct of the Government, the Officer administering the Government fulfilled, without delay, his promise given to the House, and urgently pressed the subject upon the consideration of Her Majesty's Government, and at the same time expressed his own earnest hope that the wishes of the Assembly might have received Her Majesty's gracious approval: and that he might, ere long have the pleasing task of conveying to the inhabitants of these Islands, the gratifying intelligence, that the boon has been conceded by the Crown and Parliament. In the meantime, and with a view to secure for the people of New Zealand the practical acknowledgement of the principle of Ministerial Responsibility in the conduct of the Government ; the Officer administering the Government added to the Executive Council, gome members having seats in the Assembly, with the twofold object of strenghtening the General Government, and of securing a due representation of the various Provinces in the Executive Government of the Colony. And he laid before the Assembly, in his opening Address the course of policy which the Government thus constituted, were prepared to pursue. The Officer administering the Government, learns with regret, that these measures which he believed to be calculated to give contentment to Her Majesty's subjects in the Colony, have not received the approval of the House of Representatives. Looking to the inconveniences, suffered by the greater number of the members of the Assembly, from an already protracted absence from their homes. The Officer administering the Government cannot expect that the-House should be willing to prolong their attendance, so far as to be able to give effect to any general course of policy, which might now be submitted for their adoption. He has deemed it expedient, therefore, to propose that the business of the Session, should be confined to the appropriation of the Public Revenues, and to the passing of a few measures of immediate practical importance, not likely to lead to lengthened discussion. The officer administering the Government, will cause to be immediately laid before the House, a carefully prepared statement of the Financial condition of the Colony, accompanied by an Appropriation Bill, and by an explanatory Minute. The Public accounts have been made up to the Ist July last, and it will appear from the statement in question, that there> was on that day a clear available balance of cash in the Colonial Chest of £50,081 (fifty thousand and eighty-one pounds). The Constitution Act provides, as the House is aware, for the distribution of the Surplus Land Revenue, and of the surplus of the Revenue to arise under any Act of the General Assembly, but no provision has been made by the Act for regulating the Appropriation of the Customs "Revenue already arising under Colonial Ordinances. In the absence of any special enactment by the Assembly the Surplus of Her Majesty's Customs Revenue, would not be payable into the several Provincial Treasuries, but would remain to the credit of the General Government. It is proposed for the consideration of the House, that, subject to the charges necessary for the maintenance of the Civil Establishments, the Surplus of the present Customs Revenue should be divided amongst the various Provinces, in the proportion prescribed by the Constitution Act, in respect of the Revenues to be raised under the provision of an Act of the Assembly, and the Bill for appropriating the Public Revenues has been framed with a view to carry that object into effect. With respect to the ultimate distribution of the Surplus Land Revenue, it may be a question deserving consideration, whether xt would not be more generally satisfactory to the Colonists, that a separate account of the Land Revenue should be kept for each Province, and that as far as may be practicable, the ultimate sum to be paid into each Provincial Treasury, should be determined by the amount of the Land Revenue actually received and expended within each Province in the course of the preceding year. The ordinary establishments of the General Government and the salaries of the officers have been placed upon the estimates, at the same rate at which they were originally fixed, and at which they have for some time been paid ; considering the continued high price of every description of labor, and the costs of the necessaries of life, the House will doubtless be of opinion that the public officers are at present inadequately paid. The Officer administering the Government will be glad to concur with the House, in making any general aug-
3
mentation of their salaries which may appear to be reasonable and just—with respect to the salaries, charges, and expenses, now for the first time brought into the Estimates, and to the amount to be reserved for General Public Works, &c. He will be glad to be guided by the recommendations of the House. During the short period which appears to be remaining at the disposal of the House, it can hardly be expected that the Assembly should exercise the power granted to them by the Constitution Act of regulating the disposal and management of the Waste Lands of the Crown. Believing that the maintenance of uniformity in the mode of disposing of the Public Lands is not of essential importance, and indeed that the general system can be equally well adapted, or can long remain suited) to the various and varying conditions of a Country like New Zealand, the Officer administering the Government suggested for the consideration of the Assembly, in his opening address, whether it might not be expedient for the Assembly, to delegate to the Provincial Legislatures, the power of making laws for regulating the sale, letting, disposal and occupation of the Waste Lands of the Crown, and he would have been prepared at once to submit to the Assembly, a Bill to carry that object into effect. It may well deserve consideration, however, whether any act to be passed by the Assembly, to authorize the Provincial Councils to legislate on this subject, should not, in order to secure to the General Government an efficient controlling power, contain a provision that no ordinance to be passed by any Provincial Council, relating to the Lands of the Crown, should come into actual operation until it shall have received the Governor's assent. Looking to the magnitude of the interests at stake, it may also be a wise precaution to enact, that the power of regulating the disposal and management of the Waste Lands of any Province, shall not be exercised by the Local Legislature until there shall have been a new Election of its members. Until the Assembly shall Legislate on the subject it will be competent for the Governor by virtue of the provisions of the Constitution Act, to regulate the sale, letting, disposal, and occupation of the Demesne Lands of the Crown. Pending legislation by the Assembly, and aided by the best information which local knowledge and experience can supply, the Officer administering the Government will be prepared, as occasion may require, to adopt the existing general regulations to the particular requirements of the various Provinces, and as far as may be consistent with the interests of the Colony at large, in conformity with the wants, and wishes of the several inhabitans. Many of the subjects of the most pressing importance have already for some time been under the consideration of the House. Amongst the measures which will probably engage their attention with a view to immediate legislation, are the Secondary Punishment Bill, the Naturalisation Bill, the Dower Bill, the Nelson Trust Fund Bill, &c., &c. With a general desire to work together, with a view to promote the interests of the Colony, the Assembly will be able by a close attention to the actual business of legislation to turn even a short session to profitable account, and the Officer administering the Government in conclusion has to assure the House of his most earnest wish cordially to co-operate with them, during the short period which may yet remain at their disposal, in the endeavour to secure for the people of New Zealand the greatest possible measure of useful Legislation. R. H. Wystaed, Officer administering the Government. Government House, Auckland, September 4th, 1854. Mr. Sewell gave notice that, on Mr. Wakefield moving the resolution of which he had given notice, respecting the exemption of the Province of Auckland from liability to the New Zealand Company, he would move certain amendments which after a discussion as to whether they were admissible as amendments ; he withdrew by leave of the House. Mr. SeWell then gave notice that, on Mr. Wakefield moving the above named resolution he would move as an amendment: —"That the question of exempting one Province, in particulaf from contributing to the New Zealand Company's Claim, ought to be considered in connexion with the whole subject of that Claim, and the distribution of the burthen of it -amongst the Provinces, as well as in connexion with the whole subject of the distribution of the public burthens of the Colony." Mr. Travers gave notice that, on the second reading of the Waste Lands Bill, lietfrould move as an amendment; "that it be read a second time that day six months." House adjourned at 4 o'clock until 5 o'clock this evening. Chakles Clifford, Speaker. 5
4
Monday, Sepptembee 4th, 1854, (5 p.m.) The House met pursuant to adjournment. The Speaker took the Chair. Mr. Fitzgerald, according to notice, moved No. 1 on this day s Notice Paper.—Carried. Mr. Carleton, according to notice, moved for leave to bring in "a Bill for appointing a Commissioner to examine certain claims to grants of land in the Colony of New Zealand, and to make awards thereon."—Leave given. On motion of Mr. Carleton Bill read a first time, ordered to be printed, and the second reading' ordered to stand an order of the day for Thursday next. A message from His Excellency the Officer administering the Government announced. His Excellency's Private Secretary introduced, who delivered the following Messages, which were read by Mr. Speaker. Message, No. 5. The Officer administering the Government transmits to the House of Representatives the Financial Statement, and the Estimates referred to in his Message, No. 4. It. H. Wynyard, Officer administering the Government. Government House, Auckland, September 4th, 1854. In presenting a statement of the financial position of the Colony, it is necessary to refer to the recepts of the period subsequent to the 30th of December, 1853, and to the amount of expenditure maintained in carrying on the many important branches of the public service. I have accordingly directed a comprehensive statement of the whole of the receipts and Expenditure, of the Colony, for the period alluded to, to be prepared ; and it will be laid on the table of the House as soon as printed. Although the prosperity of the Colony is such that we might confidently trust on the increase of its revenues. I have not thought it advisable, in preparing the Estimates, to tussumc any increase of the ordinary revenue, over that estimated, for the year ending the 30th of September, 1854. It will be seen from the annexed statement—which for all practical purposes may be taken to be correct—that the estimated public balance, in hand on the 31st July last, was as follows :— At Auckland £35,671 Wellington 18,000 Canterbury 31,000 Nelson 600 Amounting altogether to £85,271 Deducting from this Balance the "Deposits unavailable," the New Zealand Company's Fourth, and the Loans to be repaid out of the first receipts of the Land Fund at Wellington, there remains the sum of £50,000 available for the Current Expenses of the Government. The net Revenue for the year, after deducting the costs of collection, is estimated at £146,315, and the Expenditure, exclusive of the costs of collection, at £37,329, —leaving a balance of receipts over expenditure of £108,986. If to this balance on the year now estimated for, be added the available balance on hand on the 31st of July last, there will be a total sum of £159,067 unappropriated. Out of the unappropriated Balance of £159,067 it will, however, be necessary to set aside a considerable sum for future land purchases ; but I have not included any sum for this purpose in the Estimates, as I wish to take the recommendation of the House as to the amount. During the last twelve months large sums of money on this account have been disbursed ; but the late increase of the Land Deposits at Auckland has enabled the Government to complete the purchases without disarranging the finances of the Colony. I need not dwell on the benefits which arise to the country from the extension of the Public Demesne. Nothing indeed could have justified the Government, if it had overlooked the pressing necesssty of extinguishing the native title to large tracts of lands in the vicinity of our settlements. Altogether the sums expended on this service during the last year amount to about £40,000. Five million acres of native lands at Otago have been purchased tor £2,600. At Wellington about two million acres have been purchased at an expence of about £24,000, of which sum £18,000 have already been paid to the natives, and the liquid-
5
ation of the balance provided for in yearly, instalments, to be compkt.d in the month of May, 1858- At Auckland £16,000 on this account have been expended. These extensive purchases have been made without any important increase of the Land Purchase Department; and so far from their having disarranged in any way the finances of the Colony, the Government has been able to fulfil the whole of the undertakings to which it was pledged in the Civil Secretary's Circular Letter of the Bth of August, 1853. For instance, at Auekland there as been paid into the Provincial Chest out of the General Revenues, on account of the three quarters ended the 30th of June last, the sum of £32,020 13s. 4d., including £5,290 12s. for Immigration purposes. The total appropriation of the Province for the whole year being £32,262 Is. 9d. the advances issued out of the General Chest on account of the year ending 30th September, 1854, exclusive of those for Immigration, will greatly exceed the sums requiied to meet the Provincial appropriations. At Wellington, the quarterly payments of two-thiids of the net Customs' Receipts averaged about £4,300 ; so that the sums paid into the Provincial Chest on the termination of the year in accordance with the terms of the Circular letter alluded to, will exceed.£ 17,000. Estimating the Provincial Receipts from other sources of Revenue at £2,000, the balance of receipts in excess of the Provincial appropriation will be about £1,900. At Canterbury, the sums appropriated by the Provincial Legislature amount to £19,000. The Land Fund receipts now lying in the General Chest at Canterbury exceed £30,000, of which £22,500 would be payable into the Provincial Chests under the Government regulations, had the Superintendent been prepared to give the guarantee, that the money should be appropriated in accordance with the scheme of the Canterbury Association. Putting out of consideration the Land Fund Receipts and the appropriations of the Provincial Legislatures for Public Works and Immigration—which appears to have been made in the anticipation of the available balance of the Local Land Fund Receipts being paid into the Provincial Chest, —the remaining appropriations will be fully met by the sums provided by the General Government. It is impossible indeed to have anticipated a more favourable state of the Public Finances. In reference to the distribution of the Land Fund, it will be seen by the regulations of Governor Sir George Grey, dated Bth August, 1853, that after certain deductions have been made, the balance of the Land Fund is to be divided into two equal parts, one for Immigra - tion purposes, the other for Public Works; both being payable into the Provincial Chest'. With the exception of the Province of Canterbury, this regulation lias been carried out in each instance where a surplu? has arisen. By the provisions of the Constitution Act, however, the whole of the proceeds of th e Land Fund are chargeable with the expenses of the General Government, in the same manner as any other portion of the Queen's Revenues in New Zealand. But the House will perhaps agree, that there is no fairer mode of apportioning the amount of general contribution to be furnished by each Province, than making it depend on the respective amounts of the Customs colleetioi. These are a tolerably good exponent of the wealth, and number of inhabitants of each Province, and the share of the general burden ought to be mainly dependent on these two conditions. It has moreover been the tendency of Legislation in these Islands to appropriate the Land Revenues as much as possible for the benefit of the locality in which they were raised ; and I do not think the House can legislate more beneficially for the Colony in respect of them, than to appropriate as large a portion as possible of the net receipts to Provincial purposes. In reference to that part of the arrangement detailed in the Civil Secretary's letter of the Bth of August, 1853, in which allusions are made to the probability that the proportion of the Customs' Revenue payable to the Provinces, would eventually exceed two-thirds of the collections, it is necessary to remark that the annual expenses of the General Government. were estimated by the Governor, on the Bth of August, 1853, to be about 21,000, including the expenditure on account of the Civil List. Had this calculation proved correct, a considerable addition to the proportion of two-thirds of the Customs' Receipts would have been available for Provincial purposes. But the Civil List alone being £16,000, this calculation allows only £5,000 for defraying the other expenses of the General Government; a sum quite inadequate for the purpose. The expenses of the General Assembly, exclusive of the Building of the House, are estimated at £5,000 ; the Interest on Debentures, exclusive of that on the Wellington Land Debentures, amount to £2,225 17s. In fact, the charges on account of the Civil List and the Departments of the General Government amount to £37,329 3s. lOd. exclusive of all expenses on account of the Aborigines. Of this sum £13,000 are exclusively required for departments of the General Government not provided for in the Civil List. Even this, I think, will be found insufficient to conduct efficiently the present establishments. Since the passing of the last Appropriation Ordinance, on which the present expenditure has principally been based, the prices of the necessaries of life have
6
nearly doubled. Pressing applications have been received from nearly eVcfy Department of the Public Service, calling the attention of the Government to the extraordinary increase of the cost of living, and the difficulty of retaining the serviees of the present- holders of subordinate offices on the existing scale of remuneration, when those employed in other pursuits are so exceedingly well paid and are enabled from their savings to make comfortable provisions for the future. Looking, therefore, to the probability that the more meritorious and experienced officers' may be induced to leave the Services of the Government, unless some addition be made to the present rates of salary, it will be consistent with a proper regard to the public interests, in a time of great prosperity, to satisfy the urgent claims which have been made for a fitting remuneration of those employed in the public service of the Colony. I have made no addition to the Estimates on this account, as I prefer leaving these claims to the justice of the House. The proprotion which the General charges, as shewn in the Estimates,- bear to the ilet ordinary Revenue of Customs is as Ito 2 J nearly, instead of Ito 3. It is evident, therefore, that instead of the propcrtion of the Customs' Revenues at present paid to the Provinces •being increased, it will be necessary to decrease it, unless a portion of the General charges especially those on account of the part-maintenances of Hospitals and other aboriginal expenses not included in the civil List, should be made a charge on the General Land Fund of the Colony. On reference to the Estimates it will be found, that the sum of £2,223 15s. has been included for the land purchase Department, It was proposed to increase the cost of this Department considerably. At present, however, nothing can be gained by unusual exertions on the part of the Government to hasten the extinguishment of the Aboriginal Titles to land. The native mind is disturbed by the extent of territory which has lately been added to, the Crown Demesne, and the Commissioner is of opinion that these feelings of aiarm should be allowed to subside by abstaining for a time from active liegociations. A portion of the purchase money for native lands, partly situated in the Province of Canterbury and obtained by the Government in the month of August, 1853, equivalent to that portion of the lands belonging to the Province of Canterbury, is ultimately to be paid from the Land Fund of the Province of Canterbury into the Land Fund Chest at Nelson. I propose at once adjusting this claim out of the large proceeds of Land Sales now lying in the General Treasury at Canterbury, and to devote the sum payable into the Nelson Chest, in part payment of the expense of completing the extinction of the Native Titles to lands in .the Province of Nelson. The contributions towards the expence of the "Nelson" steamer, which have been guaranteed by the Provincial Governments, will be placed on the Supplementary Estimates as soon as the House has signified its wish that the amount should be defrayed out of the General Funds of the Colony. I have called upon the Commissioner of Crown Lands, at Wellington, to furnish a full report on the arrangements made in concurrence with the New Zealand Company's Agent, for the purchase of Scott's grant, by which Debentures for the sum of £3675 165., bearing interest at the rate of eight per cent., have been issued to the Trustees of Scott's Estate. It having been left for future adjustment whether the Debentures should be a charge on the Colonial Revenues of New Zealand, or form a deduction from the New Zealand Company's Debt. The interest of these Debentures is borne on the estimates ; and I am of opinion that until the question of debt is settled, it should be defrayed out of the Land Fund of the Pr'ovince of Wellington. A Despatch from the Secretary of State, dated 29th December, 1853, will he laid on the table of the House, together with one from Sir George Grey, in which his Excellency reported to the Home Government that in pursuance of instructions conveyed by Lord Grev ih his Despatch of the 19th of March, 1851, he had incurred an Expenditure of £10520 18s. lid., on account of the fulfilment of the contracts of the New Zealand Company towards "the \\ ellingtoti settlers ; and that he had called upon the Officer in charge of the Military Chest to advance to the Colonial Treasurer the sum of £7620 9s. Bd. part of that amount. On reference to the Secretary of State's Despatch it will he seen that Her Majesty's Government disown any liability on account of the advance of £7620 9s. Bd., and has directed, that one-sixth of the Land Revenue which may have accrued in the several New Zealand Company's Settlements, since the date of Sir George Grey's Despatch, and which may not have been absorbed by their current expenses, should be applied to the reinbursement of the CoTtimissariat Chest for this advance. 'there has also been laid on the fable of the HoiiSe a copy of the Despatch ei the Secretary of State, enquiring whether aiiy further payments have been made to the tner MiKtaty Chest, in reiftb-uffjetfierit of the advances which hatvg been made by Her Majesty'*
7
Government, on account of the New Zealand Fencibles. The expenditure on account of this service was incurred principally for the purpose of reducing the Military expenditure in the Colony, and at the same time of benefitting the Colony by giving an increased value to the Crown Lands in the neighbourhood of the Pensioner Settlements. A demand amounting to £6113 ss. Bd, made upon the Colonial Treasury has been discharged, as being the portion of the claim which is fairly chargeable for Immigration purposes, and therefore the only claim to be made on the Revenues of the Colony for the increased value given to land in the neighbourhood of the Pensioner Settlements. R. H. Wyntasd. Message No. 6. His Excellency the Officer administering the Government transmits to the House of Representatives a Memorial from certain residents at Nelson, praying that provision may be made for the erection of a suitable Post Office there. Should the prayer of the Petition be entertained by the House, it will be necessary that a sum of Two hundred pounds, £200, be placed at the disposal of Government in order to provide the accommodation requested. R. H. Wynyabd, Governmnt House, Auckland, 4th September, 1854. Message No. 7. The Officer administering the Government forwards to the House of Representatives the documents connected with Mr. Grimstone's claim for compensation for loss of his appointment as Chief Clerk in the Department of the Colonial Secretary of New Munster, on the introduction of the New Constitution Act, and His Excellency recommends Mr. Grimstone's case to the favourable consideration of the House. R. H. WYXYASD. Government House, Auckland, 4th, September, 1854. Message No. 8. His Excellency the Officer administering the Government, transmits to the House of Representatives, a Petition from Bernard Gapper, late an Officer in the Customs Department at Nelson, and his Excellency requests the House will take the prayer of the Petition into favourable consideration. R. H. Wyntaei). Government House, Auckland, sth September, 1854. On motion of Dr. Monro Message No. 5 ordered to be printed. On motion of Mr. Merriman Message No. 4, presented this morning, ordered to be printedOn motion of Mr. Fitzgerald the consideration of Messages Nc«. 5, 6, and 8 ordered t stand as an order of the day, first on the Notice Paper for to-morrow. On motion of Mr. Ludlam, the consideration of Message No. 7 ordered to stand an order of the day for Thursday next. A deputation from the Legislative Council was announced. The deputation was introduced and presented the following Bills, to which they prayed the assent of this House, viz.: Nelson Trust Funds Bill, Execution of Deeds Bill, Secondary Punishment Bill, Powers of Attorney Bill, and Naturalization Bill. The Deputation then withdrew.
8
Mr. Travel's moved, seconded by Mr. Macandrew, that the House at its rising this evening do adjourn till "twelve" o'clock to-morrow. Dr. Monro moved as an amendment that the hour of "five" be substituted for that of "twelve." Question put —that the word proposed to be struck out stand part of the question. House divided. Ayes—l 2. NOES—I 6. Messrs. Travers Messrs. Kelham Cargill Fitzgerald Macandrew Revans Wakefield Brown Greenwood King Mackay Hart O'Brien Monro O'Neill Weld Bacot Merriman Forsaith Moorhouse Lee Carleton E. J. Wakefield (teller). Picard Ludlam Sewell Crompton Wortly (teller). Amendment put and carried. Mr. Sewell moved the suspension of the Standing Orders relative to the passage of Bills through the House, in order that the Bills brought up from the Legislative Council be passed through their several stages. —Agreed to. On motion of Mr. Travers the Nelson Trust Funds Bill was read a first time, and ordered for second reading. On motion of Mr. Fitzgerald the Execution of Deeds Bill was read a first time ; and ordered for second reading. On motion of Mr. Fitzgerald the Secondary Punishment Bill was read a first time ; and ordered for second reading. On motion of Mr. Fitzgerald the Powers of Attorney Bill was read a first time; and ordered for second reading. On motion of Mr. Fitzgerald the Naturalization Bill was read a first time ; and ordered for second reading. Mr. Picard with leave of the House withdrew his notice, No. 3 on this days paper, and gave notice that on Wednesday next he would move for leave to bryag in a Bill to regulate the management of the Native Reserves in the Colony of New Zealand. Mr. Travers for Mr. Porter moved No. 4 on this days paper, viz., for leave to bring in a Bribery and Treating Bill.—Leave given. On motion of Mr. Travers the Bill was brought up, read a first time, ordered to be printed, and ordered for second reading. Mr. Fitzgerald moved No. 5 on this day's paper.—Agreed to. Mr. Fitzgerald moved the order of the day for the second reading of Waste Lands Bill. Mr. Picard seconded the motion pro forma. Mr. Travers proposed as an amendment that the bill be read a second time this day six months. Mr. Sewell seconded the amendment.—Debate ensued. A division having been called for, Mr. Speaker put the question, whether this House do now divide.—House divided.
9
AYES—I 7. NOES —12. Messrs. Kelham Messrs. Macandrew King O'Neill Moorhouse Greenwood Weld Mackay . Brown akefield Monro E.J.Wakefield Ludlam Travers Taylor Lee Bacot Cargill Sewell Forsaith (teller). Hart Fitzgerald Revans Crompton Wortley Carleton Cutten (teller). The Speaker then put the following question : —that the words proposed to be omitted do stand part of the question.—House divided. AYES—I 7. NOES—IO. Messrs. Crompton Messrs. E. G. Wakefield Sewell E.J.Wakefield Bacot O'Neill Moorhouse. Macandrew Carleton Cargill Fitzgerald Greenwood Ludlam Mackay Weld Lee Kelham Travers (teller). Revans Wortley Taylor Monro King Brown Hart Cutten (teller). Question put that the bill be read a second time.—Carried. —Bill read a second time. Mr. Forsaith moved, seconded by Mr. Jerningham Wakefield, that the House do now adjourn.—House divided. Ayes—lo. NOES —18. Messrs. Forsaith Messrs. Crompton O'Neill Wortley Cargill King Mackay Weld E. J. Wakefield Brown E. G. Wakefield Fitzgerald Travers Bacot Lee Picard Greenwood Monro Macandrew (teller). Taylor Hart Sewell Moorhouse Rhodes Cutten Gledhill Carleton Ludlam (teller).
10
Mr. Sewell moved, seconded by Mr. Fitzgerald, that the Public Reserves Bill be read a third time. Mr. Travers moved as an amendment, seconded by Major Greenwood, that the debate be adjourned. Mr. Travers, by leaVe, withdrew his amendment. Mr. Sewell moved that the third reading of the Reserves Bill stand as an order of the day for to-morrow. —Agreed to. Mr. Hart gave notice that he would move, on the third reading of the Reserves Bill, the introduction of a clause from the Waste Lands Bill as follows : —" It shall be lawful for the Governor of the said Colony, with the advice of his Executive Council, to grant and dispose of by way of free grant, absolute sale, or lease, any lands reclaimed, or which may be reclaimed from the sea ; and the bed and soil of the sea coast below high water mark, and the bed or soil of any harbour, arms or creeks of the sea, or of navigable rivers, below high water mark, within the said Colony, in such manner, and upon such terms, as shall be thought fit. Provided always—that every such disposition within any Province of the said Colony, shall be approved of by the Superintendent of such Province, and agreed to by a Resolution of the Provincial Council of such Province. On motion of Mr. Sewell the Naturalization Bill was read a second time, and the House resolved itself into committee of the whole for consideration of the Bill. On the Speaker resuming the chair, the Chairman reported the Bill with amendments. On motion of Mr. Sewell the Bill was read a third time and passed. Mr. Fitzgerald moved that Messrs. Sewell and Wortley be deputed to present the Bill to the Legislative Council.—Agreed to. On motion of Mr. Sewell the Powers of Attorney Bill was read a second time; and referred to the Select Committee on the Dower Bill. On motion of Mr. Sewell the Nelson Trust Funds Bill was read a second time, and referred to a Select Committee, to consist of Dr. Monro, Mr. Mackay, Mr. Travers, Mr. Weld, Mr. Picard, Mr. Sewell, and Mr. Fitzgerald.—Report to be brought up on Wednesday. On motion of Mr. Sewell the Execution of Deeds Bill was read a second time; and referred to the Select Committee on the Dower Bill. On motion of Mr. Sewell the Secondary Punishment Bill was read a second time. On motion of Mr. Fitzgerald the consideration of the Waste Lands Bill in Committee ordered to stand an order of the day for to-morrow. On motion of Dr. Monro the House adjourned at past 2 o'clock until to-morrow at 5 p.m. Chables Clifford, Speaker.
HOUSE OF REPRESENTATIVES.
TUESDAY, September 6th, 1854. NOTICES OF MOTION. 1. MR. WAKEFIELD —To move a Resolution declaratory of the opinion of this House that in justice, the Province of Auckland ought to be at once relieved from bearing any portion of the New Zealand Company's Debt. 2. MR. SEWELL—To move the following resolution by way of amendment to Mr. Wakefield's motion for exempting Auckland from the Company's debt— That the question of exempting one Province in particular from contributing to the New Zealand Company's Claim, ought to be considered in connexion with the whole subject of that claim, and the distribution of the burthen of it amongst the Provinces, as well as in connexion with the whole subject of the distribution of the public burthen of the colony. 3. MR. MACKAY—To move for leave to bring in a Bill for the reform of the Tariff on the principle of simplification. 4. MAJOR GREENWOOD —To move for leave to bring in a Bill to adjust the electoral districts, and number of members to be returned by each, in conformity with the 41st clause of the Constitution Act. 5. MR. TRAVERS—To move the suspension of the Standing Orders relating to the passing of Public Bills through their various stages, in order that the Land Claimants Estate Bill may be passed through its various stages. 6. MR. TRAVERS—To move for leave to bring in a Bill to remove doubts respecting the legal estate in lands guaranteed to claimants under the New Zealand Company, and purchasers from the Crown. 7- MR. PORTER—To move for a Return of the plans, specifications, and contracts, the description and number of piles paid for, as well as the amount expended on the Queen-street Wharf at Auckland, stating from what fund the money was provided. Also, the value of the said Wharf and Materials as handed over to the Auckland Harbour Committee, as near as can be ascertained. 8. MR. FORSAITH—To move the following amendments in Marriage Bill in Committee:— Analysis 23—To add after the word "Registrar" the words "or Justices of the Peace.'' Analysis 30—To substitute in the place of the printed words the following words : " Marriages if unduly solemnized with the knowledge of both parties, to be Toid." Clause 3, line 30—To strike out the word "exercise" and substitute the word ' 'perform." Clause 10, p. 3—To omit the printed words from "upon," line 30, to "being," line 33, both inclusire.
Clause 10, p. 3—After the word "Marriage," in line 35, to insert the following words "In the cases following, that is to say,—first, where it shall appear from the notice and solemn declaration hereinafter mentioned, that both the parties intending marriage are of full age, or. if a party be under age, that such party is a widow or widower. Secondly, where, a party being underage, and not a widow or widower, a consent in writing of the parent or guardian, as hereinafter inquired, fp the pijirriage of such party shall be annexed to the which consent shall be signed by the parent pr guardian, either before tb? Registrar ft bis office, or before a justice of the Peace, or a Solicitor of the Supreme Court. " Clause 10, p. 3—To omit the printed words from "And,'' line 36, to "such" at the bottom of the page, line 42, both inclusive. Clanse 10, p. 4—To introduce before the word "certificate," p. 4, line 1, the following words "In all other cases the Registrar shall not issue his." Clause 13, p. 4—After the word " Marriage," line 29, to insert the following words:—" When both parties dwell in the same disfrfcT. *BuFIF fhe parties dwell in different districts, certifi. cates from the Registrars of both districts shall be required." Clause 13, p.] 4, line 29 —After the word "certificate' to insert "or certificates." Clause 16, p.'s, line I—To strike out the word "living," and in place thereof to insert "resident within the colony," Clause 16, line 3—To omit fhp wprds "qr absent fcop tbepqjqny" Clause 16, line 6—After The word "guardians to insert the folio"wing words, "or in case the father shall not be resident within the Colony." Clause 17, line 18—To omit the "or in fwts (he §pas." Clause 21, p. 6, line 20 —After the word to insert "or, in ease the parties shall have given notice to the Registrars of different districts the certificates of each Registrar.'' Clause 21, Ijqe 27—Pmit {be wqfds "tbp Minister officiating, or to." (Ila'iise 21; line 27 —After tlie word "Registrar" to insert "or Justice of (he Peace." Clause 22—After the words "of the parties shall," line 40, to stfike out the words to D." line 43, at the bottom of page 6, spd ip place thereof insert thq following wprds : <*be required to confess if they know any impediment why they may not be lawfully joined in matripjqipr." Clause 22, p. 7—That the following words shall be substituted for those in lines 2, 3, 4, viz., "I, (A. B j take thee (C. D.) to be my wedded wife, or husband." Clause 24, line 17—To substitute tbe w.ord "bis" for the word ".the." Clause $6, line 30—After the yvqi;d VjUgjstrgr" to insert or thp Pet/Bf.}' Pause 3>—sa tp "or pf iVfe " Clause 29, line I'—To omit the words "or person," and after tKe word "Registrar," to insert the words "or Justices o'f the Peace." Clause 29, at end,"after the wprd"safety," to insert,"And evety affiliating Minister, or Registrar, or Justice of the sj%ll neglect to register a marriage s.olemnized by (4m, pr who shall refuse or neglect to wake and deliver such return <pr certificate within, the several times herein specified, shall be liable for every such offence to forfeit a sum not exceeding 10/, to be recovered in a summary way." Clause 30, p. 8, lipe 20— of- "person" to insert "perspns." Clause 30, lines 21, 22—To omit the wo,r t ds "yonder, thej prpyisiflps. of Aps." Clause 30, line 25—To omit thewords "Registrar or." ClauseSO, line 25 —After the words "Officiating Minister" to insert "or Registrar, or Justice ofthe peace." And in the remaining partsq£ clause to verbal Side Note of Clause 30—In place of the printed words, to insert "Marriages unduly solemnized, with'the knowledge ofboth parties, to be void." Clanse 30, lines 27, 28—To omit all the words, "or in the absence of any other person whose presence is required by this Act." Clause 31, lines 30, 31 —To omit the words "solemnized by license or by a certificate pbtained from "the Registrar.''. ' ' Clause 3A—To the, words from "fluqb party,'' line 30, p. 8, to "b«ms f " line 1, p. 9, both inclusive. Clause 31, p. 9—To omit all the words from''and ," line 5, to "required," line 7, both inclusive. Clause 31, p. 9—At the end of line 28, after the word "the," to insert "issue of the." To strike.out, tbe whole of qlause 32.. Clause 34, p, I.o—After tlje wprd.'.'Mfter," ljne 12, tp insert "suph,relator pr relators,bjitb or have known or discovered," and after the word k 'incurred," line 13, to stnike out all the remaining words of the clause. Clause 42, p. 12—After the word "certificate." line IS, to introduce the words "declaring that he is known by them to be a recognized minister of religion." Clause 45, p. 12—After the word ''{gazette," li:ie 43, to Insert the following words, "And in case of auv additional names of miriis.'prs,being seqt in to him, during any part of the,year,in the manner aforesaid,tbe Regi&trar-Gpneral shall c«ose such,names bep'pb in the Government Gazette, and the persons so gazetted shall be deemed /'Officiating Ministers" for the purposes of this Act. Claufee'4 5, p. 13—To omit the words "of such suspension or deprivation," lines 4, 5-; to introduce after the word "Gazette," line 6, the words "ibat the nime of such minister.js withdrawn from the list of Officiating Minister, and such personand to amit the words "and the person so suspended or deprived," ljne 6. Tn Schedule A, to substitutes for tbe figures "25"and '*20,'' the words "full age" and-"minor," No add the Schedule containing the form of Registration referrtd to in clause £7. 1. MR. BROWN—To mqve for a Return of all lands which haye beer) granted without payment, for religious, educational, or other public purposes, or on account of public services, distinguishing — 1. Name of each grantee, and date of each grant.
% Extent apd situation of land. 3. For what purpose or for what service granted. 4. Whether the grant be absolute, or whether the land returns to the Crown, in event of the object of the grant not being carried out. The Return to be made for the Province of 4-Uckland and for as -many of the other Provinces as the information now in the possession of the Governor may supply, Return shewing the sums of money paid during and since the year 1848 for religious and educational purposes, distinguishing— 1. The amount of yearly contribution. 2. To whom paid. 3. For what purpose, whether for improvements on land by means of buildings or otherwise, or whether for the purpose of being expended on individuals in the shape of maintenance, salaries, or otherwise. The Return to be made for the Province of Auckland, and for as many of the other Provinces as the information now in the possession of the Government may supply. ORDERS OF THE DAY. 1. Consideration of Estimates, and of His Excellency's Messages Nos. 5, 6, and 8, referring thereto. 2. Report of Select Committee on Dower Bill. 3. Second reading of Registration of Deeds BUI. 4. Further consideration of Interpretation Bill in Committee. 5. Second reading of Marriage Bill. & Third reading of Public Reserves Bill. 2. Waste Lands Bill to be committed. t WEDNESDAY, September 7th, 1854. NOTICES OF MOTION. 2. MR. PICARD—To move for leave to bring in a Bill for the management of the Native Trust Funds in the Colony of New Zealand. ORDERS OF THE DAY. 1. Report of New Zealand Company's Debt Committed. THURSDAY, September Bth, 1854. ORDERS OF THE DAY. 1. Report of Public Debts Committee. AT A FUTURE DAY. 1. MR. SEWELL—To the following resolutions— 1. That the charge of 268,0002. on the Land Fund of the Colony in favour of the New Zealand Company regarded as a compensation for losses, is excessive in amount, is founded on no grounds of justice, aad ought not to be claimed from a,ny part cf th« colony.
9. That the charge in favour of the Company was in fact an equivalent for the surrender by that body, of certain suffered Land Claims, and is fixed on the entire Land Fuud of the colony. 3. That by sundry traneactions of the Company, and by its dealings with the Parliamentary Grants since the charge was created, ita amouut has been largely reduced if not altogether extinguished, and that vigorous steps ought to be taken by the Executive Government with the least possible delay, for obtaining from the Crown and the Imperial Parliament equitable relief. 4. That looking to the separate interest which each Province has in the surplus of its own land fund, the mode provided by the Constitution Act for satisfying the Company's Claim, out of the proceeds of the first accidental Land Sales, is neither just nor politic, and ought to be corrected with the least possible delay. 5. That, whatever may be eventually fixed as the amount of the Company's Claim, ought to be apportioned amongst the Provinces, according to some jusl rule ; and that under all the circumstances, with a view to a general adjustment, the nearest approximation which can be made to such rule is a computation of the area of land in each Province over which the Native Title had been extinguished at the time of the passing of the Constitution Act, according to which computation, the proportion chargeable to the Provinces of the Northern Island does not exceed 1-loth of the whole amount. 6. That, as a part of such general adjustment, the charge of extinguishing Native Title in each Province ought to be done by such Province, with temporary assistance, in case of need, by loans through the aid of the General Government and General Assembly. 7. That the charge of £27,587 1 Is. 2d. outstanding for Debenture*, under the Debentur Ordinance, Sess. 8, No. 11, was mainly incurred on account of the Northern Island. 8. That the charge of £3675 16s. for Debentures improperly issued by Sir George Grey, though not sanctioned by law, was incurred bona fide, on account of the Province of Wellington, though the same ought to have been defrayed by the New Zealand Company. 9. That the charge of £911 Bs. 6d. outstanding on Debentures issued under the Land Claims' Ordinance, New Ulster, Sess. 7, No. 22, was incurred exclusively on account of the Province of Auckland. 10. That with regard to any Claim which may be made by the Imperial Government in respect of th« outlay on the Pensioner Villages the supposed benefit of such outlay has accrued to the Province of Anckland, though this House disclaims all liability on that account. 11. That it is desirable to adjust and ascertain the proportions and manner in which the beforementioned charges and burthens should be borne and distributed, and that the following plan for that purpose is equitable and exp»dient:— (a) That the Provinces of the Northern Island shall be relieved from contributing to the Company's Debt; and that whatever may be the amount fixed on as such debt, shall be borne by the Provinces of the Middle Island in relative to proportions, according to the nearest estimate which can be made of the area of land within each Province, over which the Native title is extinguished. (b) That the cost of extinguishing Native titles in each Province shall be borne by such Province. (c) That the outstanding sum of £27,587 lis. 2d., under the Debentures Ordinance, shall be home by the Provinces of the Northern Island, excepting New Plymouth. (d) Th»t the debentures, amounting to £3,675 165., issued by Sir George Grey on account of the Province of Wellington, shall, in the first instance, be borne by that Province; but that the same ought to be recovered from the New Zealand Company. («) That the unsatisfied debentures, amounting to £911 Bs. 9d., unter the Land Claimants Ordinance, New Ulster, shall be borne by the Province of Auckland. (/) That whatever sum, if any, may be ultimately charged against the colony on account of the outlay on the pensioner villages, shall be borne by the Province of Auckland. 12. That all payments made since the date of the Constitution Act, or which may be made, on account of the several before-mentioned charges, or on account of interest thereon, ought to be re-adjusted on the foregoing principles. 13. That the foregoing arrangement ought to be effectuated, as far as possible, by a legislative act of the General Assembly, and, so far as may be additionally requisite by an act of the Imperial Legislature. F. E. CAMPBELL, Clerk.
Jt tto %tkla it b. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Tuesday, September sth, 1854. Present : —The Speaker and 30 Members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. A Message from his Excellency the Officer administering the Government was announced. His Excellency's Private Secretary was introduced and delivered the following Messages, which were read by Mr. Speaker:— Message No. 9. His Excellency the Officer administering the Government transmits to the House of Representatives the draft of "a Bill to provide for the Appropriation of the Public Revenue of New Zealand." R. H. Wynyard. Government House, Auckland, sth September, 1854. Message No. 10. Referring to a resolution of the House of Representatives, No. 10 of 21st of June, Session 1, requesting that the House might be furnished with "a Return of the amount of Land Scrip awarded by the New Zealand Company on the Government, as compensation to sufferers in respect of land, purchased from the Company, in their settlements of Wellington and Whanganui," &c.; and to Message No. 11, of the Ist of July, relating thereto, —His Excellency the Officer administering the Government forwards to the House, a copy of a letter which has been received from Mr. Commissioner Bell on this subject. R. H. Wynyakd. Government House, Auckland, sth September, 1854. On motion of Mr. Sewell the Appropriation Bill was read a first time ; and ordered to be read a second time. Mr. Carleton presented a Petition from certain inhabitants of Russell, and its neighbourhood, praying the House to take into its favourable consideration certain measures set forth in the Petition, tending to the improvement of the Settlement of Russell. Petition ordered to be received. 7
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Mr. Gledhill presented a Petition from 168 inhabitants of the Province of New Plymouth, of various Religious Denominations, praying the House to pass a Bill to regulate the Law of Marriage.—Petition ordered to be received. Mr. Carleton gave notice that, to-morrow, he would move that an address be presented to His Excellency the Officer administering the Government, praying that a copy of the Report of the Resident Magistrate, at Russell, respecting the fire on the premises of E. W. Cook, which took place July 25th, 1852, may be laid on the table of this House. Mr. Travers, with the leave of the House, postponed the motion standing in his name, No. 6 on this day's paper, till to-morrow. Major Greenwood gave notice that on the Waste Lands Bill going into Committee he would move certain amendments, which he read, and which were ordered to be placed on the notice paper for to-morrow. Mr. Travers gave notice that on the Waste Lands Bill going into Committee, he would move clauses for providing the remission of purchase money upon the purchase of all lands, to all persons of the working classes settling in the Colony, to the extent of the purchase money which would be payable on the passage money of such persons from Great Britain to the Colony, according to the current rate of steerage passage ; the clauses ordered to be printed on the notice paper for to-morrow. Mr. E. G. Wakefield gave notice that on the Waste Lands Bill going into Committee, he would move certain amendments which were ordered to be placed on the notice paper for to-morrow Mr. Jerningham Wakefield gave notice that on the motion for the Waste Lands Bill to be committed, he would move as an amendment that the Bill be committed that day six months. Mr. Mackay brought up the report of the Committee on the Nelson Trust Funds Bill. Report read and adopted. On motion of Dr. Monro the Bill was ordered to be read a third time to-morrow. Mr. Wakefield, according to notice, moved the adoption of the Resolution standing in his name, No. 1 on this day's paper, to which by leave of the House he added the following words "whilst on the other hand that Province ought to bear the whole of any debt incurred for its exclusive advantage." Mr. Kelham seconded the motion.—Debate ensued. Question put.—House divided. Ayes—3o. NOE—I. Messrs. King Mr. Revans. Cut ten Ludlam Wortley Monro Brown Major Gray Messrs. Fitzgerald Taylor Merriman Kelham Rhodes Picard Mackay Weld Greenwood Cargill O'Neill F orsaith Gledhill Bacot E. J. Wakefield Lee Sewell E. G. Wakefield Moorhouse Porter CromptOft Carletoa Macandrew (teller).
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On motion of Mr. Merrimam Mr. Macandrew's name was added to the list of the Committee on Standing Orders. On motion of Mr. Forsaith it was agreed that the notices of motion on to-day's paper, which were not gone through, should take precedence of other business to-morrow. Mr. Sewell on moving the third reading of the Public Reserves Bill, moved according to notice the introduction of the following clause : —lt shall be lawful for the Governor of the said Colony with the advice of the Executive Council to grant and dispose of any Land reclaimed from the sea, and of any land below high-water mark in any harbour, arm, or creek of the sea, or in any navigable river, or on the sea coast within the said Colony, either to the Superintendent of the Province and his Successors, in or to which such land is situate or adjacent, or in such other manner to such other persons, and upon such terms as shall be thought fit. Provided always that every such grant or disposition within any Province, other than to the Superintendent thereof, shall be made in pursuance of a joint recommendation by the Superintendent of such Province, and of the Provincial Council thereof. Provided also that nothing herein contained shall prejudice the rights of person s claiming water frontage. On motion of Mr. Sewell the clause was read a first and second time, and ordered to stand part of the Bill. On motion of Mr. Sewell the Public Reserves Bill was then read a third time and passed. Mr. Hart moved that Mr. Sewell, and the Honorable J. S. Wortley be charged with the presentation of the Bill to the Legislative Council.—Agreed to. Mr. Merriman moved the suspension of Standing Orders relative to the passage of Bills through the House.—Carried. On motion of Mr. Fitzgerald the Speaker left the Chair and the House resolved itself into a Committee of the whole, for the consideration of the Appropriation Bill. On the Speaker resuming the chair the Chairman reported progress, and obtained leave to sit again. Mr. Merriman moved for an extension of time for bringing up the Report on the Dower Bill until Thursday next. —Agreed to. Mr. Merriman moved the secend reading of the Land Registration Bill, seconded by Mr. F orsaith.—Carried. Bill read a second time, and on motion of Mr. Merriman the Bill was referred to the Select Committee appointed to consider the Dower Bill. Mr. Fitzgerald moved that the Interpretation Bill be passed over, and the next order of the day taken, and that the Interpretation Bill stand an order of the day for Friday next. Agreed to. On motion of Mr. Forsaith the Marriage Bill was read a second time and ordered to be Committed on Thursday next. On motion of Mr. Fitzgerald consideration of Waste Lands Bill in Committee to stand an order of the Day for to-morrow. Mr. Mackay according to notice moved for leave to bring in Bill to regulate the duties of Customs. —Leave given. And on motion of Mr. Macky the Bill was read a first time, and ordered for second reading to-morrow. Major Greenwood, according to notice, moved for leave to bring in a Bill for amending the Representation of the Colony.—Leave given. On motion of Major Greenwood the Bill was read a first time, ordered to be printed, and to be read a second time on Thursday. Mr. Merriman with the leave of the House moved No. 7 on this day's paper, in the absence of Mr. Porter.—Carried. Mr. Brown according to notice moved No. 9 on this day's paper. —Carried. On motion of Mr. Forsaith the House adjourned at 12 o'clock until to-morrow at noon. Chaex.es Cliffobd, Speaker.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, September 6th, 1851. NOTICES OF MOTION. 1. MR. CARLETON—To move that an Address be presented to the Officer administering the Government, praying that a copy of the report of the Resident Magistrate at Russel, respecting the fire on the premises of E. W. Cook, which took place July 25, 1852, may be laid on the table of this house. 2. MR. PICARD—To move for leave to bring in a Bill for the management of the Native Reserves in the Colony of New Zealand. 3. MR. GREENWOOD—On the House going into Committee on the Waste Lands Bill, to move the following Amendments— That in any Regulations to be made or issued under the authority of this Act, whether by the Governor, or by the Superintendent and Provincial Councils, there shall be made specific provision for the following purposes, (that is to say) That all retired officers, and all discharged non-commissioned officers, warrant officers, private soldiers, marines, and seamen of Her Majesty's land or sea service, or of the land and sea service of the Honourable East India Company; and whether they shall be in receipt of any pension or otherwise on account of such service, shall be absolutely entitled, upon the purchase of land within the Colony of New Zealand, to a remission of purchase money, in respect of such purchase, to the amount specified in the Schedule marked A, hereunto annexed, subject, nevertheless, to the conditions hereinafter mentioned, and contained, (that is to say) 1. That no retired officer, non-commissioned officer, or private soldier, marine, or seaman, as aforesaid, shall be entitled to the benefit of such Regulations who shall exceed the age of Fifty-five, (55) years. 2. That every retired officer, non-commissioned officer, warrant officer, and private soldier, marine, or seaman, claiming the benefit of such Regulations, shall produce to the Superintendent of the Province in which the land intended to be purchased by him is situated, as to 6uch noncommissioned officer, warrant officer, and private soldier, marine, or seaman, a certificate of discharge, and as to all such persons as aforesaid a certificate of having, during the period of service, been of good character, from Officers under whom they may have served. 3rd. That every non-commissioned officer, warrant officer, and private soldier, marine, and seaman, shall also produce to the Superintendent a certificate signed by two (2) medical men, resident within the Province, that he is able bodied, and not afflicted with any disease which would incapacitate him from military or naval service. 4th. That every retired officer of the land forces, and every non-commissioned officer, private soldier, and marine, shall be liable at any time during the period of five years, to be computed from the date of the purchase, at the discretion of the Governor, until the expiration of such period, either in the field, or in garrison, within, and in the defence of the Province in which he shall reside, and every retired officer of the sea forces, and every warrant officer, and private seaman, and marine, shall be liable, in like manner, during the like period, to be computed as as aforesaid, at the discretion of the Governor, to serve until the expiration of such period as aforesaid, either afloat or in batteries ashore, for the defence of the coast, within the limits of any such Province as aforesaid. sth. Every such retired officer, non commissioned officer, warrant officer, and private soldier, marine, and seaman, shall be enrollad upon a roll to be made for that purpose, under any regulations from time to time to be made and issued by the Governor, and such roll shall be duly published, and shsll be conclusive evidence of the liability of every such non-commis»ioned officer, warrant officer, and private soldier, marine, and seaman, to serve in manner aforesasd.
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That upon the refusal of any Officer, Non-commissioned Officer, Warrant Officer, Private Soldier, Marine, or Seaman, to serve in manaer aforesaid, when lawfully required to do so, except upon the production of a satisfactory certificate of incapacity the person so refusing shall absolutely forfeit all the benefit of these present regulations, and the land then held by liim, under or bv virtue of the same, sball absolutely revert to, and become vested in, the Crown, as part of the Demesne Lands of the Crown ; and all persons then in possess,on of the same shall be deemed to be trespassers, within the provisions of Crown Land Ordinance, 7, That nTclaim to the benefit of these Regulations shall be admitted, unless the same shall be made within twelve (12) calendar months next after the arrival of the person claiming the same within the Colony, except in the case of Officers retiring within the Colony, and ot JNon Commissioned Officers, Warrant Officers, and Private Soldiers, Marines, and Seamen, now residing within the Colony, or who may retire, or be discharged respectively, whilst serving 8 That e'veryperfo 0 " obtaining the benefit of these Regulations shall immediately enter upon the bona fide occupation and cultivation of the lands to be purchased or acquired by him. 9. That no person claiming the benefit of the Regulations shall be entitled to alienate, or to assign transfer, or set over, the lands to be purchased or acquired by him, under and by virtue of the Regulations, or to part with the possession or occupation of the same, for the period of five years, to be computed from the date of the purchase of the same, and upon any breach of this condition, the lands purchased or acquired by such person as aforesaid shall be absolutely forfeited,'and revert to the Crown as Demesne Lands of the Crown, and all persons then in possession or occupation of the same shall be deemed to be trespassers within the meaning of the Crown Lands Ordinance, Session No. 10. That upon the expiration of the said term of five years, and upon full and bona fide compliance by any person claiming the benefit of these Regulations with the conditions aforesaid, he shall be entitled to a Grant from the Crown of the lands purchased or selected by him as aforesaid, in like manner as any other purchaser from the Crown. 11. Provided always, that in case of the death of any such person during the said peiiod of five years, the lands so purchased by him as aforesaid shall be deemed to have been lands vested in him in fee simple at the date ofhis death, and shall descend, or be disposed of accordingly, and the same shall be duly granted to the person or persons who, by virtue of such descent or disposition maybe entitled to the same. 1?. Eveiy Officer who shall be called out for service as aforesaid sball be entitled to pay after the rate of (155.) fifteen shillings per diem, and rations and forage, in like manner as if lie was serving in Her Majesty's Land or Sea Forces to be paid, allowed, and provided out of the Public Revenue of the Colony. 13. Every Non-Commissioned Officer, Warrant Officer, and Private Soldier, Marine, and Seaman, who shall be called out for service as aforesaid, shall be entitled to pay after the currentrate of wages per diem for labourers in the Province, and rations in like manner as if he was serving in her Majesty's land, or sea forces, to be paid, allowed, and provided, at the publie expense of the Colony; and, that in case he shall be called out for service as aforesaid, during seed time or harvest, in any year, he shall be entitled for compensation for any loss which be may sustain in consequence of being called out for service at such time. 14. Every Officer, Non-Commissioned Officer, Warrant Officer, and Private Soldier, Marine, and Seamen, shall in all things conform to all regulations which may from time to time be issued by the Governor relative to the distribution, issue, care, and otherwise, in regard to arms and accoutrements SCHEDULE A. Field Officers ------ £600 Captains and Surgeons - .... 500 Subalterns and Assistant Surgeons ... 400 Non-Commissioned Officers and Warrant Officers above the rank of Corporal, or equivalent to that rank in the Sea Service ... 80 Non-Commissioned Officers, being Corporals or under that rank, or equivalent to or under that rank in the Sea Service ... 60 Private, Soldiers, Marines, and Seamen - 4 0 4, —MR. TRAVERS—To move on consideration of Waste Lands Bill, in committee, the following additional clauses :— That in any regulations to be made or issued by the Governor, or by the Superintendent and Provincial Council, under the auihority of this Act, there shall be made specific provision for the following purposes, that is to say, That all persons of the working classes immigrating to the Colony of New Zealand, and who sball defray the cost of their own passage to the Colony, shall be entitled, upon the purchase of land within the said Colony, to a remission of purchase money in respect of such purchase, to the amount of the then currentrate of steerage passage which would be payable from Great Britain to the said Colony for the passage of such persons, subject nevertheless to the conditions hereinafter contained, that is to say, Ist. That the benefit of such remission of purchase money shall in no case be transferred to, or made available by any person or person* other than and except the person or persons actually entitled to the same. 2nd. That all claims to the benefit of such remission shall be made within twelve calendar months next after the arrival of such person or persons within the Colony. 3rd, 1 hat every person claiming the benefit of such remission, shall produce to the Super intendent of the Province within which he shall reside, satisfactory evidence that he has paid the passage money to this Colony of all persons in respect of which he shall claim the same.
•itb. Tbat upon the production of such evidence, the Superintendent shall give to iucb person a certificate stating the actual amount of remission to which he shall be entitled, and such certificate shall be conclusive evidence of such title to remission, and of the amount theraof. stb. Tbat such certificate shall be available in the purchase of lands in any part of the Province within which the person to whom the same shall be granted shall reside. 6th. That upon the purchase of any lands by such person, the amount stated in such certificate of remission shall go in part discharge of the purchase money in respect of the same ; but such remission shall only extend to one purchase, and shall in no case be divided. 7tb. That every person making use of any such claim to remission as aforesaid shall not be entitled to alienate or to assignor transfer, or set over the lands to be purchased or acquired by him under or by virtue of any certificate of remission, or to part with the possession or occupation of the same for the period of three years, to be computed from the date of the purchase of the same, without the leave in writing of the Superintendent of the Province within such lands shall be situated, and upon breach of this condition, the lands purchased or acquired by such person as aforesaid, shall be absolutely forfeited and revert to the Crown as demesne lands of the Crown, and all persons then in possession or occupation of the same, shall be deemed to be trespassers within the meaning of the Crown Lands Ordinance, Session X. No. 1. Bth. That upon the expiration of the said term of three years, and upon full and bona fide compliance by any person claiming the benefit of these regulations, with the conditions aforesaid, he shall be entitled to a grant from the Crown of the lands purchased by him, in like manner as any other purchase from the Crown. 9th. Provided always that in case of the death of any sucb person during the said period of three years, the lands so purchased by him as aforesaid, shall be deemed to have been lands absolutely vested in him in fee simple, and shall descend and may be disposed of by testamentary disposition accordingly, and the same shall be duly granted to the person or persons who byvirtue of such descent or testamentary disposition, may be entitled to the same. 5. MR. J. WAKEFIELD—On motion for going into Committee on the Waste Lands Bill, to move as an amendment that the House resolve itself into such Committee that day six months. 6. MR. WAKEFIELD—To move that the following additional clauses be introduced into the Waste Lands Bill— Provided always that a certain portion of all such waste lands shall be set apart as working settlers' land," and such terms of purchase so to be made and issued as aforesaid, shall be subject to the provisions hereinafter made in respect of " working settlers' land." Ihe land so to be set apart as i( working settlers' land" as aforesaid, shall be at least one-third part of the said waste lands in the Province, and shall be of average quality with regard both to natural fertility and to position as respects the vicinity of wood, water, roads, and other facilities of communication with markets, and with other parts of the Province, and in blocks not exceeding 5000 acres in extent; and such land shall be disposed of exclusively to persons of the class of bona fide working settlers on land in lots of any size not exceeding 200 acres, to any one person, at the lowest price either upset or fixed which shall be required in the Province at the time of sale. The right of any applicant to purchase land as a bona fide working settler upon land, shall be determined by the Waste Land Board hereinafter mentioned, after hearing such evidence (including that of the applicant) as shall be produced in support thereof or opposition thereto i and such evidence shall be reduced to writing, and preserved as part of the records of the proceedings of the said Board. Every applicant who shall be determined by the said Board, to be entitled to purchase land as such working settler, shall be permitted to delay paying the purchase money for the same for any term not exceeding syears, provided that interest in the meantime shall be paid on the purchase money after the rate of 5 per cent, per annum. The Crown grant shall be made and issued on payment of the purchase money, after a bona fide occupation, by the applicant, or his family or representative in case of death, of at least 5 years. All other necessary and proper regulations for carrying out the object of these provisions in respect of u working settlers' land," and especially to secure the bona fide occnpation and cultivation of the land, shall be made by the Governor in the terms of purchase so to be made and issued by him, and approved by the Superintendent and Provincial Council as aforesaid. There shall be established in every Province a Board, to be called the Waste Land Board, to consist of a Chairman of the said Board and of at least two o'.her persons to be nominated by the Governor. All applications for the sale, letting*, disposal, and occupation of waste lands of the Crown shall be preferred to the said Board, who shall hear and determine the same, and all questions relating or incident thereto, and the decisions of the said Board on all such matters shall be final and conclusive. All meetings of the said Board shall be open to the public, and reasonable public notice shall be given of all business to be transacted thereat. The said Board shall keep a record of their proceedings, in which shall be entered in writing a full and particular account of all business transacted by them, together with a reference to every letter, report, or communication racaived, or written order given by the said Board, and also minutes of personal interviews, and a minute of the opinion of the members of the said Board, in case they should differ in opinion: all which shall be open to inspection by any person on payment of a fee of 2s. 6d. for each inspection. All evidence given before any AVaste Land Board may be given on oath, which oath it shall be lawful for the Chairman of the said Board to administer, and any person wilfully and corruptly giving false evidence before any such Board shall be guifty of perjury, and shall be punished accordingly; and any person wilfully refusing to attend any snch board, in obedience to any summons signed by the Chairman thereof, or to give evidence when in attendance, shall be guilty of a misdemeanor.
orders of the day. 1. Consideration of Estimates and of His Excellency's Messages Nos. 5, ft and 8, referring thereto. 2. Report of New Zealand Company's Debt Committed. 3. Waste Lands Bill in Committee. 4. Second reading of Customs Bill. THURSDAY, September 7th, 1854. NOTICES OF MOTION. 1. MR. TRAYERS—To move the suspension of the Standing Orders relating to the passing of Public Bills through their various stages, in order that the Land Claimants Estate Bill may be passed through its various stages. 2. MR. TRAVERS—To move for leave to bring in a Bill to remove doubts respecting the legal estate in lands guaranteed to claimants under the New Zealand Company, and purchasers from the Crown. 3. MR. FORSAITH—To move the following amendments in Marriage Bill in Committee :— Analysis 23—To add after the word "Registrar" the words "or Justices of the Peace.'' Analysis 30—To substitute in the place of the printed words the following words :— " Marriages if unduly solemnized with the knowledge of both parties, to be void." Clause 3, line 30—To strike out the word "exercise" and substitute the word "perform." Clause 10, p. 3—To omit the printed words from "upon," line 30, to "being," line 33, both inclusive. Clause 10, p. 3—After the word "Marriage," in line 35, to insert the following words : — "In the eases following, that is to say,—first, where it shall appear from the notice and solemn declaration hereinafter mentioned, that both the parties intending marriage are of full age, or, if a party be under age, that such party is a widow or widower. Secondly, where, a party being underage, and not a widow or widower, a consent in writing of the parent or guardian, as hereinafter required, to the marriage of such party shall be annexed to the notice, which consent shall be signed by the parent or guardian, either before the Registrar at his office, or before a Justice of the Peace, or a Solicitor of the Supreme Court.'* Clause 10, p. 3—To omit the printed words from "And," line 36, to "such" at the bottom of the page, line 42, both inclusive. Clause 10, p. 4—To introduce before the word "certificate," p. 4, line 1, the following words : — "In all other cases the Registrar shall not issue his." Clause 13, p. 4—After the word '• Marriage," line 29, to insert the following words : —" When both parties dwell in the same district. But if the parties dwell in different districts, certificates from the Registrars of both districts shall be required." Clause 13, p.|4, line 29—After the word "certificate' to insert "or certificates." Clause 16, p. 5, line I—To strike out the word "living," and in place thereof to insert "resident within the colony." Clause 16, line 3—To omit the words "or absent from the colony." Clause 16, line 6—After the word "guardians" to insert the following words, "or in case the father shall not be resident within the Colony." Clause 17", line 18 —To omit the words "or in parts beyond the seas." Clause 21, p. 6, line 20—After the word "certificate" to insert "or, in case the parties shall have given notice to the Registrars of different districts the certificates of each Registrar.'' Clause 21, line 27—Omit tbe words "the Minister officiating, or to." Clause 21, line 27—After the word "Registrar" to insert "or Justice of the Peace." Clause 22—After the words "of the parties shall," line 40, to strike out the words to "C. D." line 43, at the bottom of page 6, and in place thereofinsert the following words : "be required to confess if they know any impediment why they may not be lawfully joined in matrimony." Clause 22, p. 7—That the following words shall be substituted for those in lines 2, 3, 4, viz., "I, (A. B.J take thee (C. D.) to be my wedded wife, or husband." Clause 24, line 17—To substitute the word "his" for the word "tbe." Clause 26, line 30—After the word "Registrar" to insert or "Justice of the Peace." Clause 27, line 35—After the word "Registrar" to insert "or Justice of the Peace. " Clause 29, line I—To omit the words "or person," and after the word "Registrar," to insert the words "or Justices of tbe Peace." Clause 29, at end, after the word "safety," to insert, "And every officiating Minister, or Registrar, or Justice of the Peace, who shall neglect to register a marriage solemnized bv him, or who shall refuse or neglect to make and deliver such return or certificate within the several times herein specified, shall be liable for every such offence to forfeit a sum not exceeding 10/, to be recovered in a summary way."
Clause 30, p. 3, line 20—Instead of ''person'' to insert "persons." Clause 30, lines 21, 22—To omit the words "under the provisions of this Act.", Clause 30, line 25—To omit the words " Registrar or." Clause3o, line 25—After the words "Officiating Minister" to insert "or Registrar, or Justice ofth® Peace." And in the remaining parts of the clause to make corresponding verbal alterations. Side Note of Clause 30—In place of the printed words, to insert "Marriages unduly solemnized, with the knowledge of both parties, to be void." Clanse 30, lines 27, 28—To omit all the words, "or in the absence of any other person whose presence is required by this Act." Clause 31, lines 30, 31—To omit the words "solemnized by license or by a certificate obtained from the Registrar." Clause 31—To omit all the words from "such party/' line 39, p. 8, to "banns," line 1, p. 9, both inclusive. Clause 31, p. 9—To omit all the words from "and ," line 5, to "required," line 7, both inclusive. Clause 31, p. 9—At the end of line 28, after the word "the," to insert "issue of the." To strike out the whole of clause 32. Clause 34, p. 10—After the word "after," line 12, to insert "such relator or relators hath or have known or discovered," and after the word "incurred," line 13, to strike out all the remaining words of the clause. Clause 42, p. 12—After the word "certificate," line 13, to introduce the words "declaring that he is known by them tt> be a recognized minister of religion." Clause 45, p. 12—After the word "Gazette," liae 43, to insert the following words, "And in case of any additional names of ministers being sent in to him, during any part of the year in the manner aforesaid,the Registrar-General shall cause such names to be published forthwith in the Government Gazette, and the persons so gazetted shall be deemed Ministers" for the purposes of this Act. Clause4s, p. 13—To omit the words "of such suspension or deprivation," lines 4, 5 ; to introduce after the word "Gazette,'' line 6, the words "that the name of such minister is withdrawn from the list of Officiating Minister, and such person;" and to omit the words "and the person so suspended or deprived," line 6. In Schedule A, to substitutes for the figures "25"and "20,'' the words "full age" and "minor." To add the Schedule containing the form of Registration referred to in clause 27. ORDERS OF THE DAY. 1. Report of Public Debts Committee. 2. Report on Dower Bill. 3. Report on Registration Bill. 4. Second reading Representation Bill. 5. Marriage Bill in Committee. FRIDAY, September Bth, 1854. 1. Consideration of Interpretation Bill in Committee. AT A FUTURE DAY. 1- MR. SEWELL—To move the following resolutions— 1. That the charge of 268,000/. on the Land Fund of the Colony in favour of the New Zealand Company regarded as a compensation for losses, is excessive in amount, is founded on no grounds of justice, and ought not to *>e claimed from any part cf the colony. 2. I hat the charge in favour of the Company was in fact an equivalent for the surrender by that body, of certain suffered Land Claims, and is fixed on the entire Land Fuud of the colony. 3. I hat by sundry transactions of the Company, and by its dealings wilh the Parliamentary Grants since the charge was created, its amouut has been largely reduced if not altogether extinguished, and that vigorous steps ought to be taken by the Executive Government with the least possible' delay, (or obtaining from the Crown and the Imperial Parliament equitable relief. +. I hat looking to the separate interest which each Province has in the surplus of its own land fund the mode provided by the Constitution Act for satisfying the Company's Claim, out of the proceeds of the first accidental Land Sales, is neither just nor politic, and ought to be corrected with the least possible delay. 5. That, whatever may be eventually fixed as the amount of the Company's Claim, ought to be apportioned amongst the Provinces, according to some just rule; and that under alfthe circumstances, with a view to a general adjustment, the nearest approximation which can be made to such rule is a computation of the area of land in each Province over which the Native Title had
been extingnished at the time of the passing of the Constitution Act, according to which computation, the proportion chargeable to the Piovinces of the Northern Island does not exceed l-15th of the whole amount. 6. That, as a part of such general adjustment, the charge of extinguishing Native Title in each Province ought to be done by such Province, with temporary assistance, in case of need, by loans through the aid of the General Government and General Assembly. 7. That the charge of £27,587 1 Is. 2d. outstanding for debentures, under the Deb euture Ordinance, Sess. 8, No. 11, was mainly incurred on account of the Northern Island. 8. That the charge of £3675 l(is. for Debentures improperly issued by Sir George Grey, though not sanctioned by law,, was incurred "bona fide, on account of the Province of Wellington, though the same ought to have been defrayed by the New Zealand Company, 9. That the charge of £911 Bs. 6d. outstanding on Debentures issued under the Land Claims' Ordinance, New Ulster, Sess. 7, No. 22, was incurred exclusively on account of the Province of Auckland. 10. That with regard to any Claim which may be made by the Imperial Government in respect of th« outlay on the Pensioner Villages the supposed benefit of such outlay has accrued to the Province of Auckland, though this House disclaims all liability on that account. 11. That it is desirable to adjust and ascertain the proportions and manner in which the beforementioned charges and burthens should be borne and distributed, and that the following plan for that purpose is equitable and expedient:— (a) That the Provinces of the Northern Island shall be relieved from contributing to the Company's Debt; and that whatever may be the amount fixed on as such debt, shall be borne by the Provinces of the Middle Island in relative to proportions, according to the nearest estimate which can be made of the area of land within each Province, over which the Native title is extinguished. (b) That the cost of extinguishing Native titles in each Province shall be borne by such Province. (c) That the outstanding sum of £27,587 lis. 2d., under the Debentures Ordinance, shall be borne by the Provinces of the Northern Island, excepting New Plymouth. (d) That the debentures, amounting to £3,675 165., issued by Sir George Grey on account of the Province of Wellington, shall, in the first instance, be borne by that Province; but that the same ought to be recovered from the New Zealand Company. (e) That the unsatisfied debentures, amounting to £911 Bs. 9d., under the Land Claimants Ordinance, New Ulster, shall be borne by the Province of Auckland. (/) That whatever sum, if any, may be ultimately charged against the colony on account of the outlay on the pensioner villages, shall be borne by the Province of Auckland. IS. That all payments made since the date of the Constitution Act, or which may be made, on account of the several before-mentioned charges, or on account of interest thereon, ought to be re-adjusted on the foregoing principles. 13. That the foregoing arrangement ought to be effectuated, as far as possible, by a legislative act of the General Assembly, and, so far as may be additionally requisite by an act of the Imperial Legislature. F. E. CAMPBELL, Clerk.
JjUfo Sealant VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Wednesday, September 6th, 1854. Present :—The Speaker and 28 members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. Mr. Wortley gave natice that, to-morrow, he would move that leave of absence be granted to Mr. Jehn Cargill, (member for Dunedin Country District) for the remainder of the Session. Mr. Fitzgerald gave notice that, previous to going to the orders of the day, he would move for leave to introduce a Bill for declaring certain portions of the Revenue of the Colony of New Zealand, to be raised under an Act of the General Assembly ; and certain other portions of such Revenue raised within each Province of the said Colony, to be revenue of such Province. Mr. Travel's moved for leave to bring in a Land Claimants Estate Bill.—Leave given. On motion of Mr. Travers Bill read a first time. Mr. Travers moved the suspension of all the Standing Orders relating to the passing of Bills through the various stages. —Agreed to. On motion of Mr. Travers the Land Claiman'ts Estate Bill was read a second time, and referred to the Select Committee appointed to consider the Dower Bill; the report to be brought up at the same time as the report upon the Dower Bill. On motion of Mr. Pieard leave given to postpone his motion, for leave to bring in a Bill for the management of the Native Reserves in the Colony, until to-morrow. Mr. Carleton, according to notice, moved No. 1, standing in his name on this day's paper. Agreed to. Mr. Wakefield, with leave of the House, moved the following Resolution :— " That with reference to His Excellency's Message No. 10, an address be presented to His Excellency the Officer administering the Government, respectfully submitting to him the earnest wish of this House, that he may be pleased to direct the Commissioner of Crown Lands at Wellington, to make up, as far as he may be able to do so without further enquiry, the Return relating to compensation in land, in respect of land orders granted by the New Zealand Company, for which the House presented an application early in the last Session ; and that His Excellency might also be placed to direct that the Commissioner 8
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make application, on behalf of His Excellency, to the ellington Committee of Compensation (of the 16th September, 1818), for such information on the subject of the return, as may enable him to complete the document with the least possible delay, and that in particular the Commissioner be instructed to obtain a copy of the proceedings of the said Commitee of Compensation." —Resolution adopted. Mr. Carleton moved the suspension of Standing Orders No. 29, in order to enable him to make a motion without notice.—Agreed to. Mr. Carleton then moved, that an address be presented to His Excellency the Officer administering the Government, requesting him to recommend the House to make provision for the services of a standing Chairman of Committees. Mr. Carleton with leave of the House withdrew his motion. Mr. Jemingham Wakefield gave notice that on to-morrow, on going into Committee of Supply he would move that it be an instruction to the Committee to take the following Resolution into consideration :—" That it is expedient that a separate account of Revenue and Expenditure in connexion with the disposal of Waste Lands should be kept for each Province ; and that so far as practicable the amount to be paid into each Provincial Treasury, on that account, should be the surplus of such Revenue raised within the Province, remaining after the deduction of such Expenditure incurred within the Province." Mr. Fitzgerald, according to notice, moved for leave to bring in a Bill for declaring certain portions of the Revenue of the Colony of New Zealand, to be raised under an Act of the General Assembly, and certain other portions of such Revenue raised within each Province of the said Colony, to be Revenue of such Province.—Leave given. On motion of Mr. Fitzgerald Bill read a first and second time, and ordered to be Committed. On motion of Mr. Sewell leave was given to postpone the Report of the New Zealand Company's Debt Committee till Friday next. On motion of Mr. Sewell the Speaker left the Chair, and the House resolved itself into Committee of Supply for the consideration of the Estimates. On the Speaker resuming the Chair the Chairman reported progress, and obtained leave to sit again. On motion of Mr. Weld authority given to the Committee on the Estimates to send for persons and papers. The House again resolved into Committee of Supply. On the Speaker resuming the Chair the Chairman reported progress and obtained leave to sit again. Mr. Mackay moved that that part of the Estimates under the head of Department of the General Government, with reference to the item of £7950 15s. 6d. put down as expenses of the General Assembly, be referred to a Select Committee, consisting of Messrs. E. G. Wakefield, Fitzgerald, Sewell, Macandrew, Kelham Crompton, Monro, Lee, Greenwood, and the Mover ; the report to be brought up on Friday next, —Agreed to. The Speaker read a letter, from the Colonial Secretary, relative to the Salaries and Duties of the Clerks of the House, which was ordered to be laid before the above Committee. The House again resolved into Committee of Supply. A deputation from the Legislative Council was announced. On the Speaker resuming the Chair, The Hon. T. H. Bartley, Esq., was introduced, who presented "a Bill for bringing into operation within the colony certain Acts of the Imperial Parliament" to which he prayed the assent of the House. The Deputation then withdrew. On the motion of Mr. Merriman the Bill was read a first and second time, and referred to the Select Committee on the Dower Bill. A message from the Legislative Council was again announced. The Hon. F. D. Bell, Esq., was introduced, and informed the Speaker that the Council had adopted the amendment made by the House to the Naturalization Bill.
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A message from the Officer administering the Government was announced, His Excellency's Private Secretary was introduced, and presented the following Messages Nos. 11. 12, and 13, which were read by Mr. Speaker, and laid upon the table. Message No. 11. His Excellency the Officer administering the Government, transmits to the House of Representatives, a Petition which he has received from the Officers of the General Government resident in Auckland, praying that some provisions may be made by the Government, for their relief during the present high rate of the necessaries of life, and his Excellency recommends the prayer of the Petition to the favourable consideration of the House. His Excellency also informs the House that he has recived similar applications from nearly every Officer in the employment of the General Government in the other Provinces. R. H. Wynyibd. Government House, Auckland, 6th, September, 1854. Message No. 12. His Excellency the Officer administering the Government forwards to the House of Representatives certain papers which have been received, representing the necessity of establishing a branch of the Customs Department at the Chatham Islands, and in the event of the House considering it advisable to appoint a Collector of Customs and Resident Magistrate at this station, His Excellency suggests that provision should be'made for the expense of such an Officer. R. H. Wysyaed, Officer administering the Government. Government House, Auckland, September 6th, 1854. Message No. 13. His Excellency the Officer administering the Government forwards to the House of Representatives, a Petition which he has received from Alexander McKay respecting a debt due to him from the late Mr. Andrew Wylie of Otago. R. H. Wysyaed, Governmnt House, Auckland, 6th September, 1854. On motion of Mr. Travers a petition contained in Message No. 11 was read, and ordered to be considered with the Estimates. House then adjourned until 6 o'clock this evening. The House met pursuant to adjournment. The Speaker took the chair. The House resolved itself into a Committee of Supply. On the Speaker resuming the chair, the Chairman reported progress, and obtained leave to sit again. On motion of Mr. Fitzgerald, it was agreed that the remaining orders of the day on this day's notice paper be placed first on the notice paper for to-morrow, and that the Estimates should be considered in Committee between the hours of 12 and 4 o'clock. On motion of Dr. Monro, the third reading of the Nelson Trust Funds Bill was ordered to stand an order of the day for to-morrow. Mr. Ludlam gave notice that to-morrow he would move, on consideration of Message No. 7, the following resolution, "That a respectful address be presented to His Excellency the Officer administering the Government, praying that His Excellency will be pleased under the peculiar circumstances of hardship by which Mr. S. E. Grimstone lost his office of Chief Clerk in the late Civil Secretary's Office, to place the sum of £500 on the Estimates as a grant to that officer. House adjourned at 8 o'clock until 12 o'clock to-morrow. Charles Clifford, Speaker.
8U fo %ta Ia n fc. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Thursday, September 7th, 1854. Present :—The Speaker and 30 Members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. Mr. Lee gave notice that, on Saturday next, he would move for leave to bring in a Bill to empower the General Assembly to transfer to the Provincial Councils all the powers contained in the 72nd clause of the Constitution Act. On motion of Mr. Macandrew, seconded by Mr. Travers, leave of absence was granted to Mr. Cargill, Member for the Dunedin Country District, during the remainder of the Session. On the motion of Dr. Monro, seconded by Mr. Mackay, leave of absence was granted to Mr. Stephens, member for Nelson, during the remainder of the Session. Mr. Picard, according to notice, moved for leave to bring in a Bill for the management of the Native Reserves in the Colony of New Zealand. —Leave given. On motion of Mr. Picard Bill read a first time, and ordered for second reading. Mr. Travers gave notice that, to-morrow, he would move for leave to bring in a Bill to declare certain Departments of the Public Service to be Departments under the exclusive management and control of the General Government, Mr. Merriman gave notice that, to-morrow, he would move for a return of the number of Deeds registered at Auckland from the Ist January to the 31st August, 1854, both days inclusive, and the number of Clerks employed in the Office of the Registrar of Deeds, during each month included in that period. Mr. Travers gave notice that, on the question that the Speaker do leave the Chair to go into Committee of Supply, he would move that it be an instruction to that Committee to consider the following resolution :—"That under existing circumstances it is expedient that the following departments of the Public Service, namely the Supreme Court, the Registration of Deeds, and the Registration of Births, Deaths, and Marriages, be under the exclusive control, and provided for by the General Government." A discussion having taken place Mr. Travers, with leave of the House, withdrew his notice. Mr. Ludiam, according to notice, moved his resolution respecting Mr. Grimstone's loss of Office. Mr. O'Brien moved the following amendment:—That an address be presented to His Excellency, praying that adequate employment Tinder the General Government be given to Mr. S. E. Grimstone, formerly an Officer of the Government. 9
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Mr. O'Brien, by leave of the House, withdrew his amendment, on Mr. Ludlam consenting to substitute the following for his original motion ; and which Mr. Ludlam gave notice he would move to-morrow:—"That this House having had under its consideration the case of Mr. Grimstone, is of opinion that he has a claim on the General Government of the Colony. Mr. Jerningham Wakefield, according to notice, moved No. 3, standing in his name on this day's paper, which was agreed to. On the question being put that the House proceed to the order of the day, Mr. Sewell moved, according to notice, that in going into Committee of Supply it be an instruction to the Committee to consider the following resolution : —"That under existing circumstances it is expedient that the following departments of the Public Service, viz.: the Supreme Court, the Registration of Deeds, and the Registration of Births, Deaths, and Marriages, be under the exclusive control, and provided for by the General Government. Mr. Travers seconded the motion. —Agreed to. Mr. Wortley gave notice that, to-morrow, he would move for a copy of any Despatches from the Secretary of State, with reference to the appointment of a Postmaster-General. On motion of Mr. Sewell the Speaker left the Chair, and the House resolved itself into Committee of Supply, for consideration of the Estimates. On the Speaker resuming the Chair the Chairman reported progress, and obtained leave to sit again. House adjourned till 6 o'clock this evening.
Thursday, September 7th, 1854, (6 p.m.) The House met pursuant to adjournment. The Speaker took the Chair. Dr. Monro moved, seconded by Mr. Mackay, that the Nelson Trust Funds Bill be now read a third time.—Agreed to. Bill read a third time and passed. Dr. Monro and Mr. Travers were deputed to present the Bill to the Legislative Council. On the next order of the day being called, viz., that that the Waste Lands Bill be Committed, Mr. Jerningham "Wakefield, according to notice, moved as an amendment that the Bill be Committed this day six months. Mr. Travers seconded the motion. Amendment put and negatived. Original motion put and carried. The Speaker left the Chair, and the House resolved itself into Committee of the whole, for consideration of the Bill. On the Speaker resuming the Chair the Chairman reported the Bill without amendment. On motion of Mr. Fitzgerald the third reading of the Waste Lands Bill was ordered to stand an order of the day for to-morrow. On motion of Mr. Fitzgerald consideration of the Revenues Bill in Committee ordered to stand an order of the day for to-morrow. On motion of Mr. Mackay the second reading of the Customs Bill was postponed until to-morrow. On motion of Mr. Sewell the reports of the Committee on the Public Debt, the Dower Bill and Registration Bill, were postponed till Saturday. On motion of Major Greenwood the second reading of the Electoral Bill was postponed until to-morrow. On motion of Mr. Forsaith the Speaker left the Chair, and the House resolved itself into Committee of the whole for the consideration of Marriage Bill. On the Speaker resuming the Chair the Chairman reported progress, and obtained leave to sit again. On motion of Mr. Fitzgerald second reading of Pre-emption Land Claims Bill postponed till to-morrow. r r House then adjourned at J past 12 o'clock until 12 o'clock to-morrow. Charles Clifford, Speaker.
91 fo %tal ait fo. ■ VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Friday, September Bth, 1854. Present :—The Speaker and 28 members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. Mr. Sewell gave notice that at the next sitting of the House he would move for leave to bring up the Report of the Committee, appointed to consider and report as to the legal and valid effect of the late prorogation of the General Assembly. Also, —the Reports on the Dower Bill, the Powers of Attorney Bill, and the Land Claimant's Estate Bill. Mr. Sewell gave notice that, on Monday next, he would move the Resolution which now stands on the Notice Paper, in his name, for a future day, relative to the adjustment of the Public Burthens of the Colony. Mr. Travers gave notice that, this evening, he would move the third reading of the Land Claimants' Estate Bill. Mr. Merriman gave notice that, this evening, he would move the third reading of the Dower Bill. . Mr. Lee gave notice that, this evening, he would move for leave to bring in a Bill to Empower the General Assembly to transfer to the Provincial Councils all the powers contained ill the 72nd Clause of the Constitution Act. On motion of Mr. Fitzgerald the Waste Lands Bill was read a third time and passed. Mr. Ludlam and Mr. Fitzgerald were charged with the presentation of the Bill to the Legislative Council. A Message from His Excellency the Officer administering the Government was announced; His Excellency's Private Secretary was introduced, who delivered the following Messages, which were read by Mr. Speaker :— Message No. 14. His Excellency the Officer administering the Government transmits to the House of Representatives, a copy of a correspondence which has taken place on the subject of a special allowance being granted to the Officers and Men, of Her Majesty's Regiments, serving in New Zealand, in consequence of the present high price of the necessaries of life. His Excellency has been requested, by the Military Authorities, to forward this to the House, for its favourable consideration when the Estimates of the Public Expenditure are under discussion; accompanied with an intimation that the issue of ss. per diem to the Officers, and a free ration to the non-Commissioned Officers, Drummers, and Privates, has as yet
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been a charge against the Imperial- Chest, the former since the Ist of April, and the latter since the Ist of June, and is subject to the confirmation of the Imperial Government. R. H. Wynyard. Government House, Auckland, 7th September, 1854. Message No. 15. His Excellency the Officer administering the Government forwards to the House of Representatives, a copy of a Letter with its Enclosures, which has been received from Captain Drury, R.N., of H.M.S. "Pandora," on the subject of a Colonial allowance being granted to the Officers and Crews of H. M. Vessels on this Station ; and his Excellency recommends Captain Drury's application to the favourable consideration of the House. R. H. Wynyard. Government House, Auckland 7th September, 1854. Message No. 16. Referring to Message No. 31, of the 15th ultimo, Session 1, His Excellency the Officer administering the Government, now forwards to the House of Representatives the Electoral Rolls for the Bay of Islands, and for the Province of New Plymouth, which will complete the Returns called for by the House in the Resolution of the 21st June last, No. 13. R. H. Wynyard. Government House, Auckland, 7th September, 1854. Message No. 17. The Officer administering the Government forwards to the House of Representatives, a correct copy of the Confidential Memorandum, marked 7 or A appended to His Message No. 25, as requested by a Resolution of the House of the 4th instant, No. 31. R. H. Wynyard. Government House, Auckland, Bth September, 1854. Message No. 18. The Officer administering the Government forwards to the House of Representatives copies of the instructions to the Governor of New Zealand, authorizing him to make Regulations for the disposal of the Waste Lands in the Colony, as requested by a Resolution of the House, dated the 4th instant, No. 32. R. H. Wynyard. Government House, Auckland, Bth September, 1854. Mr. Travers gave notice that, to-morrow, he Would move the following Resolutions :— " That it is the opinion of this House that all Registrars and Deputy Registrars of the Supreme Court should be members of the Legal Profession." " That in the opinion of this House no practising Solicitor or Conveyancer should hold the office of Registrar of Deeds, or of Resident Magistrate." Mr. Travers gave notice that at the same time he would move that copies of the foregoing Resolution be transmitted by the Speaker to His Excellency the Officer administering the Government. On motion of Mr. Wortley His Excellency's Messages just received, on the subject of finance, ordered to be considered in Committee of Supply. A Deputation from the Legislative Council was announced. The deputation was introduced, and the Honorable F. Dillon Bell, Esq., informed Mr. Speaker that the Council had adopted the amendments made by this House to the Nelson Trust Funds Bill, The deputation then withdrew. On motion of Mr. Sewell the House resolved itself into a Committee of the whole for further consideration of the Estimates. On the Speaker resuming the Chair the Chairman reported progress and obtained leave to sit again to-morrow. On motion of Mr. Macandrew House adjourned at j past 4 o'clock until 6 o'clock this evening.
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Friday, September Bth, 1854, (G p.m.) The House met pursuant to adjournment. The Speaker took the chair. Mr. Travers with the leave of the House withdrew the motion standing in his name, No 1 on this days paper, Mr. Travers, with leave of the House, brought up the reports of the Select Committee appointed to consider the Land Claimant's Estate Bill, the Dower Bill, and the Powers of Attorney Bill.—Reports read. Mr. Wakefield gave notice that, to-morrow, he would move an address to His Excellency, respectfully praying that he will be pleased to send to the House, copies or extracts of a correspondence relating to the retirement of Mr. Wakefield from the position of His Excellency's temporary adviser. Mr. Merriman, according to notice moved No. 2 on this day's paper, to which, with the leave of the House, he added the following words, "also the amount of receipts and expenditure on account of the said Department for the same period."—Agreed to. A deputation from the Legislative Council was announced; the Honorable F. Dillon Bell, Esq., was introduced and presented a Bill to amend the New Zealand Company's Land Claimants Ordinance, to which he prayed the assent of the House. The Deputation then withdrew. On motion of Mr. Travers, Bill read a first time, and the second reading ordered to stand an order of the day for to-morrow. On motion of Mr. Mackay leave was given to postpone the Report of the Select Committee, appointed to report upon the Expenditure on account of the General Assembly, until Monday next. On motion of Mr. Hart leave was given to postpone the report of the Select Committee on the Debt to the New Zealand Company, till Monday next. On motion of Mr. Hart the second reading of the Secondary Punishments Bill, ordered to stand an order of the day for to-morrow. Mr. Travers gave notice that, to-morrow, he would move the suspension of Standing Orders relating to the passing of Public Bills, in order that the Bill to amend the New Zealand Company's Land Claimants Ordinance, may be passed through its various stages. On motion of Mr. Sewell Standing Order No. 29 was suspended, in order to enable him to propose, for the adoption of the House, the following Standing Orders (which had been agreed to by the Legislative Council) relating to the passing of Bills through both Houses of the Legislature :— "When a Bill sent from one House shall be agreed to by the other House without amendments, a Message shall be sent back acquainting the former House thereof; and the Bill shall then remain with the House in which it was last passed, for transmission to the Governor. "When amendments are proposed in either House in a Bill sent from the other, the Bill shall be returned in the form in which it was sent, together with a Message stating such amendments. The Bill shall not then be read again in the House to which it is so returned, but the amendments shall be taken into consideration at some time to be fixed on motion with notice. "If the amendments be agreed to, a Message shall be sent back acquainting the other House thereof; and the Bill itself shall then be amended by the House in which it originated, and shall remain with that House for transmission to the Governor. "Amendments made by one House in a Bill sent by the other House may not be rejected ; if, therefore, they are not adopted, the Bill must drop, unless a Conference take place at the request of either . House for the adjustment of the matter in difference ; andjjf the" original amendments or a modification thereof be adopted by such Conference, and their decision be confirmed by both Houses, the Bill itself shall be amended in accordance therewith by the House in which it originated, and shall remain with that House for transmission to the Governor. "The Speaker of the House with which a Bill may remain under the foregoing Orders, shall immediately cause the Bill to be fairly engrossed on parchment without punctuation, and the Clerks of both Houses shall examine and certify to the correctness of the Bill by an endorsement thereon : after which the Speaker of the House aforesaid shall, without delay, transmit or present the same to the Governor. "The date of Governor's assent shall be certified by an endorsement to be made on Acts of the General Assembly by such high Public Officer as the Governor may be pleased to direct in that behalf ; and the Acts shall then be kept in such custody as the Governor may appoint, pending the establishment of a Public Record Office."
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On motion of Mr. Sewell the foregoing Standing Orders were considered seriatim and adopted ; and ordered to be transmitted for the approval of His Excellency the Officer administering the Government. Mr. Sewell with leave of the House, brought up the report of the Select Committee appointed to report upon the late Prorogation. Report read, and ordered to be printed. Mr. Ludlam, according to notice, moved No. 3 standing in his name on this days paper, which with the leave of the House he amended as follows : — ■' That this House having had under consideration the case of Mr. Grimstone, is of opinion that its circumstances justly entitle him to the consideration of the Government. Agreed to. Mr. Ludlam gave notice that, to-morrow, he would move an address to His Excellency, embodying the foregoing Resolution. Mr. Wortley, according to notice, moved No. 4 standing in his name on this day's paper. Agreed to. Mr. Wortley gave notice that, to-morrow, he would move that an humble Address be presented to his Excellency, praying him to send down to this House a recommendation for the Appropriation of a sum of money, by way of Colonial allowance, to the officers and men of H.M. Ship "Pandora," at the same rate as that recommended by the Government of New South Wales, for vessels on the Australian Station. Mr. Lee, according to notice, moved for leave to bring in a "Bill to authorize the General Assembly to empower the Provincil Councils to enact Laws for regulating the Sale, Letting, Disposal and Occupation of the Waste Lands of the Crown."—Leave given. And on motion of Mr. Lee, Bill read a first time, and the second reading ordered to stand an order of the day for to-morrow. Mr. Mackay, previous to moving the second reading of the Duties of Customs Bill, moved that a Petition, presented from certain Merchants and Shipowners of Auckland during last Session, on this subject, be now read.—Agreed to.—Petition read. Mr. Mackay then moved, seconded by Mr. Macandrew, that the Bill be now read a second time. Debate ensued. House divided. Ayes—2o. Noes—4. Messrs. Forsaith Messrs. Weld Porter Revans Wakefield O'Neill Crompton Wortley (teller). Greenwood Cutten Taylor Sewell Lee Merriman Gledhill Fitzgerald Bacot E. J. Wakefield Mackay Rhodes Travers Picard Gray Ludlam King Brown Kelham Monro Carleton Macandrew (teller). Bill read a second time accordingly. And on motion of Mr. Mackay the consideration thereof in Committee, ordered to stand an order of the day for to-morrow. Mr. Sewell moved the suspension of the Standing Orders relating to the passing of Bills through more than one stage at a sitting.—Agreed to.
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Mr. Sewcll brought up the Report of the Select Committee, appointed to consider the Dower Bill. —Report read. Mr. Travers brought up the Reports of the same Committee, on the Powers of Attorney Bill, and the Land Claimants Estate Bill.—Reports read. On motion of Mr. Travers, the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for consideration of the Land Claimants Estate Bill. On the Speaker resuming the Chair, the Chairman reported the Bill without amendment. On motion of Mr. Travers, Bill then read a third time and passed. Mr. Travers, Dr. Monro, and Mr. Picard, were deputed to present the Bill to the Legislative Council. Major Greenwood, according to notice, moved, seconded by Mr Travers, that the Electoral Bill be "now" read a secod time. Mr. Cutten moved, seconded by Mr. Picard, that the question be amended by the omission of the word "now," with a view to add at the end, the words "this day six months." Debate ensued. Question put —that the word proposed to be omitted stand part of the question. House divided. Ayes—9. Noes—lB. Messrs. Wakefield Messrs. Carleton Macandrew Wortley E.J.Wakefield Kelham Forsaith Monro Merriman King O'Neill Sewell Lee Ludlam Greenwood Revans Travers (teller). Rhodes Picard Hart Brown Gledhill Fitzgerald Mackay Crompton Weld Cutten (teller). Amendment put and carried. On motion of Mr. Fitzgerald the remaining Orders of the Day ordered to stand as Orders of the Day for to-morrow. House adjourned at | past 1 o'clock till 12 o'clock to-morrow. . Chakles Clifford, Speaker.
fUfo %t<tl a it ir. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Saturday, September 9th, 1854. Present :—The Speaker and 30 Members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. Mr. Wakefield presented Petitions from certain inhabitants of Howick, Onehunga, and Panmure, praying for a reform of the law, with regard to the sale of intoxicating drinks. Petitions received. Mr. Wakefield gave notice that, on the first opportunity that may be allowed by the state of business, he would move a Resolution declaratory of the opinion of this House, on the subject of the Petitions this day received from Inhabitants of Howick, Onehunga, and Panmure, praying for a reform of the Law with regard to the sale of intoxicating drinks. Mr. Fitzgerald gave notice that, on Monday evening next, he would move the following Resolutions. That it is desirable that besides the present Sessions of the Supreme Court at Auckland and Wellington, a Session of the Supreme Court be held twice a year at Nelson, twice a year at Canterbury, and once a year at New Plymouth and Otago. That it is desirable that the entire accommodation of the judge and his suite during his residence within any Province on circuit, should be provided for by the Sheriff of the Province, and that the expenses should be borne on the General Estimates. That a respectful Address be presented to his Excellency, praying him to be pleased to carry into effect the object of the above resolutions. Mr. Wakefield gave notice that he would move as an amendment to Mr. Fitzgerald's motion, with regard to the circuits of the Supreme Court, that the Provinces of New Plymouth and Otago ought to be placed on a footing of equality with Nelson and Canterbury. Mr. Fitzgerald gave notice that, on Monday next, on going into Committee of Supply, he would move the following Resolutions :— That in the management of the Post Office it is expedient that the following rules should be observed :— That the Postmaster in each Province be instructed to establish extra posts within his Province, in addition to those voted by the General Assembly, upon a requisition from the Superintendent to do so, —the following condition being undertaken and observed, —that if the whole postal expenditure within the Province shall exceed that voted by the General Assembly, the deficiency shall be supplied by the Provincial Government. 11
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That the Postmaster shall under such circumstances be instructed to furnish to the Provincial Government, from time to time, full accounts of the Receipts and Expenditure of the of the Postal Department. Mr. Fitzgerald gave notice that, on Monday evening next, on going into Committee on the Revenues Bill, he would move the following amendments : — That in the first clause all the words between "Supreme Court" in the third line to the word "shall" in the ninth line shall be omitted. That the following words be added to the first clause :— "And all other Revenues arising or which shall arise from taxes, duties, rates, imposts, fines, fees, penalties, forfeitures, and other sums of money now or which shall hereafter become payable to Her Majesty within any Province of the said Colony except as shall be otherwise expressly provided by any Act of the General Assembly, shall be deemed and taken to be Revenue of such Province, liable to be appropriated by the Superintendent and Provincial Council thereof." That the second clause be expunged. That the following words be inserted as the second clause of the Bill. "Separate accounts shall be kept of the Revenues arising from the Waste Lands of the Crown within each Province and from and out of such Revenue, the costs, charges, expenses, and other payments imposed thereon and directed to be made by the said recited Act, so far as the same shall accrue with respect to any Lands within such Province shall be first paid and discharged, and the net balance of such Revenue within each Province shall be paid over to the Treasurer of such Province for the public uses thereof, and shall be liable to be appropriated by the Provincial Council thereof." Dr. Monro gave notice that, at the next sitting of the House, he would move that His Excellency's Message No. 14 be referred to a Select Committee to consist of Messrs. E. G. "Wakefield, Gray, Greenwood, Ludlam, Weld, Crompton, Cutten, and the Mover. Mr. Sewell gave notice that, on Monday next, he would move the following Resolution :— That in the opinion of this House the Lands reserved, throughout the Colony, for the benefit of the Native Inhabitants, ought to be placed under a proper system of regulation by law, and shall the proceeds of such lands, ought to be made available for the benefit of such Native Inhabitants. On motion of Mr. Sewell the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for consideration of the Powers of Attorney Bill. On the Speaker resuming the Chair, the Chairman reported progress and obtained leave to sit again. On motion of Mr. Sewell the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for consideration of the Dower Bill. On the Speaker resuming the Chair, the Chairman reported the Bill without amendment. Mr. Sewell moved, seconded by Mr. Merriman, the suspension of the Standing Orders, relating to the passing of Bills through more than one stage at one sitting of the House. Agreed to, On motion of Mr. Sewell the Dower Bill was then read a third time and passed. Title of the Bill read and agreed to. Mr. Sewell and Mr. Kelham were deputed to present the Bill to the Legislative Council, On motion of Mr. Sewell the Powers of Attorney Bill ordered to be printed, as amended by the Select Committee to which it had been referred. On motion of Mr. E. Jerningham Wakefield a return received from Wellington, showing the number of Criminals sentenced by the Supreme Court of New Zealand, for the Southern Districts, from the sth of June, 1852, to the sth of June 1854, ordered to be printed with the Minutes of Proceedings of the Select Committee on Secondary Punishments. On motion of Mr. Sewell the Speaker left the Chair, and the House resolved itself into a Committee of the whole for further consideration of the Estimates. On the Speaker resuming the Chair, the Chairman reported progress and obtained leave to sit again on Monday next. House then adjourned at half-past 4 o'clock until 6 o'clock this evening.
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Saturday, September 9th, 1854, (6 p.m.) Pbesent :—The Speaker and 32 members. The House met pursuant to adjournment. The Speaker took the Chair. Mr. Macandrew gave notice that, on Monday next previous to going into Committee on the Estimates, he would move that the consideration of the Appropriation Bill take precedence of all other business until the debate on the Estimates is concluded. Mr. Sewell gave notice that, in Committee on the Estimates with reference to the charges on the Land Department, he would move that the Committee do recommend that the House do present a respectful Address to His Excellency, pointing out for His Excellency's consideration,' that by the provisions of the Constitution Act, the costs, charges, and expenses incident to the collection, management, and receipt of the Revenue arising from the disposal of the Waste Lands of the Crown are authorized and required to be paid by the Governor out of such Revenue, and out of the Revenue arising from taxes, duties, rates, and imposts levied under any Act or Acts of the General Assembly. That this House earnestly trusts that His Excellency will be pleased to enforce the utmost efficiency and economy in all departments connected with the administration of the "Waste Lands including the Survey department; and this House is of opinion that under present circumstances it will greatly conduce to such efficiency and economy if the practical control over those departments be, as far as possible, placed under the Provincial Governments. Mr. Picard gave notice that, on Monday next, he would move a Resolution on the subject of the management of the Native Reserves of this Colony; and an Address to His Excellency the Officer administering the Government thereon. Mr. Wakefield, pursuant to notice, moved No. 1 standing in his name on the Notice Paper of to-day. Discussion ensued. Mr. Wakefield, with leave of the House, withdrew his motion. Mr. Travers postponed Nos. 2 and 3, standing in his name on the Notice Paper of to-day, until Monday next. Mr. Wortley, pursuant to notice, moved No. 4 standing in his name on the Notice Paper of to-day. Discussion ensued. Mr. Wortley, with leave of the House, withdrew his motion. Mr. Ludlam, pursuant to notice, moved the following Address : — To His Excellency the Officer administering the Government. We, the Commons of New Zealand, assembled in their House of Representatives, beg leave respectfully to submit to your Excellency's consideration the following Resolution agreed to by this House :— "That in the opinion of this House, the circumstances of Mr. Grimstone's case justly "entitled him to the consideration of the Government." Address adopted. On motion of Mr. Forsaith the Speaker left the Chair, and the House resolved itself into a Committee of the whole for further consideration of the Marriage Bill. On the Speaker resuming the Chair the Chairman reported progress and obtained leave to sit again on Monday next. On motion of Mr. Sewell the Standing Orders, relating to the passing of Bills, were suspended in order to pass through their remaining stages the English Acts Bill, and the Law Practitioners Bill. Mr. Sewell as Chairman of the Committee to which they had been referred, brought up the report on the Land Registration Bill, and the Execution of Deeds Bill, which the Committee did not consider it expedient to proceed with this Session. On motion of Mr. Sewell the Speaker left the Chair, and the House resolved itself into a Committee of the whole for consideration of the Law Practitioners Bill. On the Speaker resuming the Chair the Chairman reported the Bill without amendment. On motion of Mr. Sewell, Bill read a third time and passed. Mr. Merriman and Mr. Hart were deputed to present the Bill to the Legislative Council. On motion of Mr. Sewell, the Speaker left the Chair and the House resolved itself into a Committee of the whole, for consideration of the English Acts Bill.
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On the Speaker resuming the Chair the Chairman reported the Bill without amendment. On motion of Mr. Sewell, Bill read a third time and passed. Mr. Merriman and Mr. Hart were deputed to present the Bill to the Legislative Council. Mr. Carleton moved, seconded by Mr. Merriman, that the Pre-emption Land Claims Bill he now read a second time. (Carried.—Bill read a second time. On motion of Mr. Fitzgerald the consideration of the Revenues Bill in Committee ordered to stand as first order of the day for Monday next. House adjourned at J past 11 o'clock until noon on Monday next. Charles Clifford, Speaker.
|i ehi Mful ;t it ft. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Monday, September 11th, 1854. Present : —The Speaker and 30 members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. A Message from His Excellency the Officer administering the Government was announced The Auditor- General was introduced and delivered the following Message to the Speaker. Message No. 22. The Officer administering the Government transmits to the House of Representatives the enclosed Supplementary Estimates for the year 1854-5. R. H. Wynyabd. Government House, Auckland, September 11th, 1854. Mr. Merriman gave notice that, this evening, he would move an Address to His Excellency the Officer administering the Government, requesting him to place a sum of money on the Estimates for the purpose of enabling him to appoint one or more persons to scrutinize the Electoral Rolls of the several districts ; and to report upon the number of persons holding sufficient qualifications to enable them to vote in each district. Mr. Picard gave notice that, on Tuesday next, he would move the second reading of the Native Reserves Bill. Mr. Kelham gave notice that, on Tuesday, he would move that the Acts enumerated in the English Acts Bill be printed in extenso with the Bill itself. Mr. Kelham gave notice that, on Tuesday, he would move that an Address be presented to the Officer administering the Government, requesting him to place upon the Estimates a sum of money equivalent to the amount already realized from the additional duty of one shilling per gallon upon spirits at "Wellington, levied under the last Customs Ordinance, towards the erection of a Lighthouse at Wellington. Mr. Brown gave notice that, to-morrow, he would move for a return of all the Military belonging to the 58th Regiment holding appointments under, and deriving emoluments from, the Civil Government; distinguishing first, the name of the holder ; secondly, the date of appointment; and thirdly, the salary or other emolument. Also, —a Return of the soldiers of the 58th Regiment, during the last 12 months employed by private individuals, showing the daily numbers of those so employed. 12
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Mr. Brown gave notice that, to-morrow, he would move that an Address he presented to His Excellency the Officer administering the Government with a respectful request, that he will obtain from the Commander of the Forces, a Return showing the pay and allowances from Her Majesty's Military Government, of the Officers and Privates of the 58th Regiment stationed in this Province. Mr. Mackay, as Chairman of the Select Committee appointed to report on the expenditure on account of the General Assembly, moved for leave to postpone the bringing up the report of the Committee till to-morrow. —Leave given. Mr. Sewell moved that the motion standing in his name, No. 5 on the Notice Paper of to-day, be considered in Committee of Supply.—Agreed to. On motion of Mr. Wortley His Excellency's Message No. 22 ordered to be considered in Committee of Supply. Mr. Carleton, with leave of the House, moved that the Pre-emption Land Claims' Bill be referred to a Select Committee, consisting of Messrs. "VVeld, King, Porter, Brown, Merriman, and Cutten.—Agreed to. Mr. Wakefield, -with the leave of the House, moved the following Resolutions, together with the motion standing in his name, for a future day, on the Notice Paper of to-day. Whereas a Select Committee of this House, on Secondary Punishments, after taking abundant evidence on the subject, have reported that they think it their duty to observe that the vice of drunkenness is admitted to be the main cause of crime in this Colony—where the misery and temptations of poverty are hardly known —and without desiring to travel too far out of the limits of the enquiry referred to them, they cannot fail to express a hope that some Legislative measures may be adopted without delay, to avert the progress of this principal incentive to crime. And whereas it cannot be denied that habitual intemperance is a prevalent vice among the Colonist population of New Zealand ; and the unceasing cause of degradation and ruin to individuals, and of misery to families. And whereas the vice of intemperance is known to be extending among the Natives by means of its prevalence among the Colonists. And whereas there can be no doubt that in this Country the vice of intemperance is greatly promoted by the facilities for its indulgence, by both Races, which are afforded by the present state and adminstration of the law with regard to the trade in spirituous and fermented drinks. And whereas there is reason for deeming it probable, that among those of the Colonists who habitually indulge in this vice, a considerable portion would hail with satisfaction any law designed to prevent them from gratifying their evil propensity, whilst their families would heartily rejoice at such legislation if it were effectual. Therefore this House is of opinion ; First, —That the question of restrictions on the trade in spirituous and fermented drinks is not one of political economy alone, to be viewed solely with reference to the principles of free trade, and of taxation for revenue ; but is also one of morals which ought to be considered by the Legislature as affecting the people in their social habits and general welfare ; and likewise as affecting the good name of the Colony. Secondly,—That, nevertheless bearing in mind the Constitutional rights of the people, to be bound by no laws but such as are passed with their consent, by their Representatives ; and considering also that the question of restrictions on the trade in spirituous and fermented drinks, was not specially in the thoughts of the people when they elected the present members of this House, the General Assembly cannot discreetly legislate on the subject, without allowing time for the people to express their opinions and wishes thereon, by means of Petitions to the Governor and both Houses of the Legislature. Thirdly,-—That if at the next meeting of the General Assembly, Petitions from a considerable majority of the people should be received, praying that the laws with regard to the trade in spirituous and fermented drinks, may be so altered as to hinder effectually the indulgence of intemperate habits, it will be the duty of this House to bestow its most serious consideration on the whole subject, with the view of giving prompt and real effect to the wishes of the people as expressed by such petitions. Resolutions adopted. Mr. Wakefield moved, seconded by Mr. Travers, the following Address to His Excellency : Ihe House of Representatives respectfully submit to the Officer administering the Government-, some Resolutions passed by them concerning the prevalence of intemperate habits among the Colonist and Native Populations; and they pray that His Excellency may be pleased to direct, first, —that these Resolutions be published in the Government Gazette for general information ; and secondly, that of the number of the Gazette which shall contain them, a thousand extra copies may be printed for circulation thowghout the Colony. Address adopted.
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A Message from the Officer administering the Government was announced. His Excellency's Private Secretary was introduced, who delivered the following Messages, which were read by Mr. Speaker :— Message No. 19. The Officer administering the Government forwards to the House of Representatives, copies of the Plans of the Pensioner Settlement Districts, and the Southern Division, which Plans are requested to be furnished in a Resolution of the House, dated 27th June last, No. 18 of Session 1. The Electoral Roll for these Districts will be found attached to Message No. 10, forwarded to the House by His Excellency on the 28th June last. R. H. Wyntabd. Government House, Auckland, Bth September, 1854. Message No. 20. The Officer administering the Government forwards to the House of Representatives, for the favourable consideration of the House, three letters from various persons in the employment of the Customs Department at this Port, requesting an increase of pay. R. H. Wynyabd. Government House, Auckland 9th September, 1854. Message No. 21. The Officer administering the Government forwards to the House of Representatives, a copy of a letter addressed to the Colonial Secretary by Thomas Beckham, Esq., requesting some addition to be made to his Salary as Resident Magistrate at Auckland ; and His Excellency recommends this application to the favourable consideration of the House. R. H. Wynyard. Government House, Auckland, Bth September, 1854. Message No. 23. The Officer administering the Government transmits to the House of Representatives, the enclosed Supplementary Estimates, No. 2, for the year 1854-5. R. H. Wynyaeb. Officer administering the Government, Government House, Auckland, September 11, 1854. On motion of Mr. O'Brien His Excellency's Messages on the subject of finance, Nos. 21, 22, and 23, ordered to be considered in Committee on the Estimates. Mr. Macandrew, pursuant to notice, moved No. 1 standing in his name on this day's paper. Agreed to. Whereupon the Speaker left the Chair, and the House resolved itself into a Committee of the whole for further consideration of the Estimates. On the Speaker resuming the Chair, the Chairman reported progress and obtained leave to sit again at 6 o'clock this evening. House adjourned at \ past 4 o'clock until 6 o'clock this evening.
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Monday, September 11th, 1854, (6 p.m.) Pkesent :—The Speaker and 32 members. The House met pursuant to adjournment. The Speaker took the chair. On motion of Mr. Travers it was ordered that the notices of motion and orders of the day on this day's Notice Paper, do stand in the same order on the Paper for to-morrow. On motion of Mr. Macandrew the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for further consideration of the Estimates. On the Speaker resuming the Chair, the Chairman reported progress and obtained leave to sit again to-morrow. House adjourned at \ past 12 o'clock until noon to-morrow. C'haeles Cliffohd, Speaker.
|U fo %eal a n b. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Thursday, September 12th, 1854. Present :—The Speaker and 29 Members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. Mr. Travers gave notice that, on going into Committee on the Revenues Bill, he would move the following amendments :— That the following he added to the preamble :— •' And whereas doubts have arisen as to the power of the General Assembly to fix and " regulate, by specific appropriation, the cost, charges, and expenses, incident to the " collection, management, and receipt, of the Revenues arising from the duties of " Import and Export; and from the disposal of the Waste Lands of the Crown " within the said Colony." That the following be added as clause 3 of the Bill :— " It shall be lawful for the General Assembly, from time to time, to fix and regulate by " way of specific appropriation, the costs, charges, and expenses, incident to the " collection, management, and receipt, of the Revenues arising from the Duties of " Import and Export; and from the disposal and management of the Waste Lands " of the Crown." The following to be added as clause 4 of the Bill: — "It shall be lawful for the General Assembly, by any Act or Acts, in that hehalf to " delegate and transfer to the Provincial Councils the power of fixing and regulating, " by way of specific appropriation, the costs, charges, and expenses, incident to the " collection, management, and receipt, of the Revenue arising from the disposal of " of the Waste Lands of the Crown, within each Province, subject nevertheless to " any conditions in such Act or Acts to be expressed or contained in that behalf." Mr. Travers, with the leave of the House, postponed the motion standing in his name, No. 2 on this day's Paper, till to-morrow at six o'clock. On motion of Mr. Travers the Bill to amend the New Zealand Company's Land Claimants Ordinance was ordered to stand as first order of the day, for to-morrow, at the six o'clock sitting. Mr. Carleton gave notice that, on Wednesday, he would move the following Resolutions : That the Representation of the Colony should be based upon sound and just principles. That with a view to enabling the General Assembly to legislate if necessary, it is desirable, 13
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that before the next Session, all requisite information be collected and laid before the Assembly ; including accurate statistical returns of population, distinguishing Natives from persons of European Race—of the number of bona f.de Electors —and of persons qualified as such in the different Electoral Districts ; and all such other information as may relate to the subject. Also, —That it is highly desirable that any revision of the Electoral Rolls should be effected by Revising Officers appointed for that purpose, instead of by the Bench of Magistrates. Mr. Ludlam moved, with leave of the House, seconded by Mr. Kelham, that it be a recommendation to the Committee of Supply, to consider the expediency of presenting an address to his Excellency the Officer administering the Government, praying that he will be pleased to place upon the Estimates the sum of One hundred pounds, for Mr. Grimstone, in consideration ofthe length of time that gentleman has been out of office. Mr. Travers moved, with the leave of the House, seconded by Mr. Sewell, that should the consideration of the Estimates be concluded before 4 o'clock, the House proceed to consideration of the notices of motion, standing on the paper for six o'clock. —Agreed to. On motion of Mr. Merriman, Standing Order No. 29 was suspended in order to enable him to make a motion without notice, Mr. Merriman moved, seconded by Mr. Mackay, that it be an instruction to the Committee of Supply to take into consideration the propriety of presenting an Address to His Excellency the Officer administering the Government, requesting him to place on the Estimates a sum of money on behalf of the widow and children of the late Mr. Coates. Agreed to. Mr. Kelham, pursuant to notice, moved No. 8, standing in his name on this day's Paper, respecting the erection of a Lighthouse at "Wellington. Question put and negatived. On motion of Mr. Carleton, the Committee appointed to consider the Pre-emption Land Claims Bill, was authorized to send for persons and papers. Mr. Sewell brought up the report of the Committee appointed to report upon the Public Debts of the Colony. Report read and ordered to be printed; and ordered to be referred to the Committee on the Estimates. Mr. Mackay brought up the report of Committee appointed to report on the Expenditure on account of the General Assembly. Report read and ordered to be printed ; and ordered to be referred to the Committee on the" Estimates. The Speaker announced to the House that His Excellency the Officer administering the Government had been pleased to approve of the Standing Orders, relative to the final passing of Bills through the Assembly. Mr. Mackay moved that the Report on the Expenditure on account of the General Assembly be amended, a resolution having been accidentally omitted.—Leave given. Resolution read and ordered to be printed with the report. On motion of Mr. Mackay the Speaker left the Chair, and the House resolved itself into a Committee of the whole for further consideration of the Estimates. On the Speaker resuming the Chair, the Chairman reported progress and obtained leave to sit again to-morrow. House adjourned at 4 o'clock until 6 o'clock this evening.
Tuesday, September 12th, 1854, (6 p.m.) Present :—The Speaker and 30 members. The House met pursuant to adjournment. The Speaker took the Chair. A deputation from the Legislative Council was announced, The Honorables F. D. Bell, Esq., H. Seymour, Esq., 11. Richardson, Esq., and F. Wbitaker, Esq., were introduced, who severally presented the Waste Lands Bill, Public Reserves Bill, Dower Bill, and English Acts Bill, as amended by the Legislative Council. Mr. Ludlam gave notice that, at the next sitting of the House, he would move that the consideration of the Estimates take precedence of all other business until it be concluded. On motion of Mr. Sewell the House agreed to seven recommendations of addresses to His Excellency, on subjects connected with the Estimates, as carried in Committee of Supply.
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On motion of Mr. Sewell the Standing Orders relating to the passing of Bills were suspended during the sitting. On motion of Mr. Sewell, the amendments made by the Legislative Council in the Waste Lands Bill, and Public Reserves Bill, were adopted by the House, and Messrs. Sewell, Merriman, and Travers, were deputed to notify the same to the Legislative Council. Mr. Macandrew gave notice that, to-morrow, he would move that a Select Committee be appointed to prepare .an Address to His Excellency the Officer administering the Government, embodying the result of the decision of the Committee of Supply, as to the Estimate placed before the House by His Excellency, the Committee to consist of Messrs. Monro, Merriman, Fitzgerald, Kelham, King, and the Mover, Report to be brought up on Thursday next. On motion of Mr. Sewell, the consideration of Secondary Punishments Bill in Committee, ordered to stand an order of the day for to-morrow. Mr. Travers, pursuant to notice, moved Nos. 1 and 2 standing in his name on this day's Paper.—Agreed to. Mr. Sewell moved that it be an instruction to the Committee of Supply, to consider the resolutions standing in his name, on yesterday's paper, relative to the Public Burthens of the Colony.—Agreed to. Mr. Picard, with leave of the House, withdrew the motion standing in his name, No. 4, on this days paper. Dr. Monro, pursuant to notice, moved No. 5 standing in his name, on this day's Paper, which, with leave of the House, he amended by adding Dr. Bacot's name to the Committee. Agreed to. Power given to the Committee to send for persons and papers. Report to brought up on Thursday next. Mr. Merriman, pursuant to notice, moved No. 6, standing in his name on this day's Paper, which with leave of the House he amended by inserting the sum £500.—Agreed to. Mr. Picard, with leave of the House, withdrew the motion standing in his name, No. 7 on this day's Paper. Mr. Kelham, pursuant to notice, moved No. 8 standing in his name on this day's Paper, respecting the printing of the Acts enumerated in the Schedule to the English Acts Bill. Agreed to. Mr. Brown, pursuant to notice, moved Nos. 9 and 10 standing in his name on this day's Paper.—Agreed to. Provincial Waste Lands Bill. Mr. Lee moved, seconded by Mr. Forsaith, that this Bill be now read a second time. Debate ensued. Question put —that the Bill be now read a second time.—House divided. Ayes—ls. Noes—9. Messrs. Taylor Messrs. Rhodes Cutten Revans Gray Kelham Featherston Sewell Brown Picard Carleton Monro Bacot Hart Merriman Moorhouse Ludlam Crompton (teller). Forsaith Lee King Gledhill Mackay O'Neill (teller). Bill read a second time accordingly. And on motion of Mr. Lee the consideration of the Bill in Committee ordered to stand an order of the day for to-morrow. On motion of Mr. Fitzgerald the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for consideration of the Revenues Bill.
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On the Speaker resuming the Chair the Chairman reported progress, and obtained le&A e to sit again to-morrow. On the next order of the day (No. 5) heing called, viz.: the consideration of the Customs Bill in Committee ; Mr. Sewell moved, seconded by Mr. Gledhill, that the House do proceed to order of the day No. 6, viz.: the consideration of the Marriage Bill in Committee. Question put. House divided. Ayes—l 4. Noes—9. Messrs. King Messrs. Cutten Ilevans Rhodes Monro Gray Kelham Merriman Sewell Carleton Featherston Brown Hart Bacot Taylor Picard Moorhouse Mackay (teller). Gledhill Crompton Ludlam F orsaith O'Neill (teller). Consideration of Customs Bill in Committee ordered to stand an order of the day for tomorrow. The Speaker then left the Chair, and the House itself into a Committee of the whole for consideration of Marriage Bill. On the Speaker resuming the Chair, the Chairman reported the Bill with amendments. On motion of Mr. Forsaith the Speaker again left the Chair, and the House resolved itself into a Committee of the whole, with a view to the recommittal of the Marriage Bill. On the Speaker resuming the Chair, the Chairman reported the Bill with further amendments. And on motion of Mr. Forsaith the third reading of the Bill ordered to stand an order of the day for to-morrow. On motion of Mr. Mackay the House was counted, when it was found that there were only 11 members present, exclusive of the Speaker, viz.: Messrs. Mackay, Merriman, Forsaith, Weld, Dr. Monro, Messrs. Sewell, O'Neill, Lee, Macandrew, Travers, and E. J. Wakefield. The Speaker accordingly adjourned the House at past 12 o'clock. Charles Clifford, Speaker.
It *fo jg talk n b. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Wednesday, September 13th, 1854. Present :—The Speaker and 28 members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. Mr. Wakefield presented a Petition from eighty-seven inhabitants of Otahuhu, praying for a reform in the law, with regard to the sale of intoxicating drinks.—Petition received. Mr. Carleton gave notice that, to-morrow, he would move that the report of the Select Committee on the Pre-emption Land Claims Bill be brought up. On motion of Mr. Sewell Standing Order No. 29 was suspended, in order to enable him to move, at this evening's sitting, the adoption of the Report of the Committee on the late prorogation. Mr. Wakefield gave notice that, on the motion for adopting the report of the Committee on the Prorogation, he would ask the attention of the House to a certain protest by members of this House, against the proceedings of the Speaker and certain Members on the occasion of the Prorogation. On motion of Mr. Lee the consideration of the Provincial Waste Lands Bill in Committee ordered to stand as first order of the day for to-morrow. On motion of Mr. Ludlam it was ordered that the consideration of the Estimates do take precedence of all other business until the subject be disposed of. On motion of Mr. Ludlam the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for further consideration of the Estimates. On the Speaker resuming the Chair, the Chairman reported progress and obtained leave to sit again. A Message from His Excellency the Officer administering the Government was announced. His Excellency's Private Secretary was introduced, who presented the following Message which was read by Mr. Speaker :— Message No. 24. The Officer administering the Government requests the attention of the House of Representatives, to the urgent necessity of providing for a Native Secretary's Department in 14
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the Estimates, in order that the constant intercourse which has hitherto been carried on with the Natives in all parts of the Colony, may still be maintained, with the view ot ascertaining their wants, and fostering their progress and improvement, as well as of keeping up that good understanding between them and the Government, on which so much of the tranquility and prosperity of the Colony depend. R. H. Wysyahd. Government House, Auckland, 13th September, 1854. On motion of Mr. Mackay, His Excellency's Message No. 24, ordered to be referred to the Committee of Supply. On motion of Mr. Ludlam the Speaker left the Chair, and the House resolved itself into a Committee of the whole for further consideration of the Estimates. On the Speaker resuming the Chair, the Chairman reported progress and obtained leave to sit again. A deputation from the Legislative Council was announced, The Honorable T. H. Bartley, Esq., was introduced, who presented the Law Practitioners Bill, which he informed Mr. Speaker had passed the Legislative Council without amendment. The Honorable Mr. Bartley then retired. The Speaker again left the Chair and the House resolved itself into a Committee of the whole for further consideration of the Estimates. The House having been counted on motion of Mr. Mackay, there were found to be only eleven members present, exclusive of the Speaker, viz.: Messrs. Lee, Mackay, O'Neill, Macandrew, Major Greenwood, Messrs. Brown, Travers, Sewell, Picard, King, and Major Gray. The Speaker accordingly took the Chair and declared the House adjourned until 6 o'clock this evening.
"Wednesday, September 13th, 1854, (6 p.m.) Pkesext :—The Speaker and 32 members. The House met pursuant to adjournment. The Speaker took the chair. Mr. Porter presented a Petition from certain Merchants, Shipowners, and Importers of Goods in the Province of Auckland, praying for a reform of the present Customs Tariff. Petition received and read. Mr. Forsaith presented a Petition from the Society for the Prevention and Suppression of Vice and Intemperance, praying for a reform of the present Licensing Ordinance. Petition received and read. On motion of Mr. Fitzgerald the Speaker left the Chair, and the House resolved itself into a Committee of the whole for further consideration of the Estimates. On the Speaker resuming the Chair the Chairman reported progress. Mr. Travers moved that Standing Order No. 29 he suspended, and that the Estimates be re-committed to-morrow at 12 o'clock.—Agreed to. Mr. Wortley moved that the question as to Colonial Allowance to the Officers and Men of H.M.S. "Pandora" be referred to the Committee on Message No. 14. —Agreed to. On motion of Mr. Forsaith the Marriage Bill was read a third time and passed. Title of the Bill read and agreed to. Mr. Forsaith and Mr. "VVeld were deputed to present the Bill to the Legislative Council. On motion of Dr. Monro, The Honourable J. Stuart Wortley's name was added to the Committee appointed to consider His Excellency's Message No. 14.
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Mr. Kelham moved that the Resolution of the House, adopted yesterday, in reference to the printing of the English Acts contained in the Schedule to the English Acts Bill, he rescinded, and that in lieu thereof an Address be presented to His Excellency praying him to request the Secretary of State for the Colonies, to transmit for the Public use of the Colony 200 copies of each of the Acts of Parliament, mentioned in the Schedule of the English Acts Act.—Agreed to. Mr. Travers, with leave of the House, postponed the motion standing in his name, No. 1 on this day's Paper. Mr. Carleton, pursuant to notice, moved No's. 2 and 3 standing in his name on this day's Paper.—Agreed to. Mr. Macandrew, pursuant to notice, moved No. 4 standing in his name on this day's Paper. Mr. Fitzgerald gave notice that, to-morrow, he would move Nos. 4 and 6 standing in his name on the Paper of Monday last. On motion of Mr. Mackay the Speaker left the Chair, and the House resolved itself into a Committee of the whole for consideration of the Duties of Customs Bill. On the Speaker resuming the Chair the Chairman reported that the Committee had decided, that it was inexpedient to proceed with the Bill. On motion of Mr. Fitzgerald the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for consideration of the Revenues Bill. On the Speaker resuming the Chair the Chairman reported the Bill with amendments. On motion of Mr. Fitzgerald the third reading of the Bill ordered to stand an order of the day for to-morrow. On motion of Mr. Travers the Speaker left the Chair, and the House resolved itself into a Committee of the whole, for consideration of the Powers of Attorney Bill. On the Speaker resuming the Chair the Chairman reported the Bill with amendment. On motion of Mr. Travers the third reading of the Bill ordered to stand an order of the day for to-morrow. House adjourned at J past 1 o'clock till noon to-morrow. Charles Clifford, Speaker.
HOUSE OF REPRESENTATIVES.
THURSDAY, September 14th, 1854. TWELVE O'CLOCK SITTING. ORDERS OF THE DAY. 1. Estimates. 2. Appropriation Bill in Committee. SIX O'CLOCK SITTING. NOTICES OF MOTION. 1. MR. FITZGERALD —To move the following Resolutions :— It is desirable that besides the present Sessions of the Supreme Court at Auckland and Wellington, a Session of the Supreme Court be held twice a year at Nelson, twice a year at Canterbury, and once a year at New Plymouth and Otago. It is desirable that the entire accomodation of the Judge and his suite during his residence within any Province on circuit, should be provided for by the Sheriff of the province, and that the expenses should be borne on the General Estimates. That a respectful Address be presented to his Excellency, praying him to be pleased to carry into effect the object of the above resolution. 2. MR. FITZGERALD—To move the following Resolutions :— In the management of the Post Office it is expedient that the following Rules should be observed : That the Postmaster in each Province be instructed to establish extra posts within his Province, in addition to those voted by the General Assembly, upon a requisition from the Superintendent to do so, —the following condition being undertaken and observed, —that if the whole postal expenditure within the Province shall exceed that voted by the General Assembly, the deficiency shall be supplied by the Provincial Government. That the Postmaster shall, under such circumstances, be instructed to furnish to the Provincial Government, from time to time, full accounts of the Receipts and Expenditure of the Postal department.
ORDERS OP THE DAY. 1. Provincial Waste Lands Bill in Committoe2. Third reading of the Revenues Bill. 3. Secondary Punishment Bill in Committee. 4. Third reading of Power of Attorneys Bill. F. E. CAMPBELL, Clerk.
/ It tfo lea I a n ft. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Thursday, September 14th, 1854. Present : —Tlie Speaker and 30 Members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. Mr. Fitzgerald presented a Petition from twenty-seven inhabitants of the Bays of Port Victoria, in the Canterbury Settlement, praying for a re-arrangement of the Electoral Districts.—Petition received. Mr. Fitzgerald presented a Petition from the Provincial Council of the Province of Canterbury, praying that a law may be passed for the establishment of a Court of Quarter Sessions in that Province.—Petition received. The Speaker read several resolutions to the House, which had been adopted in Committee of Supply, and which were severally agreed to by the House. Mr. Merriman, with leave of the House, moved the suspension of Standing Order No. 29 during the day, in order to pass a Bill through more than one stage. —Agreed to. Mr. Travers, with leave of the House, moved the following resolution :—"That in the opinion of this House it is expedient that the Government should make arrangements for detaining the steamer "Nelson," until Monday, in order to admit of all public business being completed, before the departure of those Members of the House who are about to proceed to the Southern Provinces. —Agreed to. Dr. Monro brought up the report of the Select Committee to which His Excellency's Messages Nos. 14 & 15 had been referred.—Report read. On motion of Dr. Monro Standing Order No. 81 was suspended during the day. On motion of Dr. Monro the Report of the Committee on His Excellency's Messages Nos. 14 and 15 was ordered to be referred to the Committee of Supply. Dr. Monro gave notice that, to-morrow, he would move for leave to bring up the Report of the Select Committee on the New Zealand Company's Debt. On motion of Mr. Merriman the Revenues Bill was read a third time and passed. 15
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Title of the Bill read and agreed to. ]\£erriman and Mr. O'Neill deputed to present tlie Bill to the Legislati\e Council. On motion of Mr. Merriman the Powers of Attorney Bill read a third time and passed. Title of the Bill read and agreed to. Mr. Merriman and Mr. Picard deputed to present the Bill to the Legislative Council. On motion of Mr. Travers the Speaker left the Chair, and the House resolved itself into a Committee of the whole in order to re-commit the Estimates. On the Speaker resuming the Chair the Chairman reported progress and obtained leave to sit again. A Message from His Excellency the Officer administering the Government was announced, His Excellency's Private Secretary was introduced, and presented the following Messages which were read by Mr. Speaker. Message No. 25. The Officer administering the Government forwards to the House of Representatives, for the consideration of the House, the enclosed "Supplementary Estimates." R. H. Wyxyaed. Government House, Auckland, 13th September, 1854. Message No. 26. The Officer Administering the Government has to inform the House of Representatives that he has this day given his assent in Her Majesty's name to the following Bills, presented to him by the Honorable the Speaker of the Legislative Council, viz.: — An Act for bringing into operation within the Colony certain Acts of the Imperial Parliament. An Act for the Naturalization of certain Persons in the Colony of New Zealand. An Act to amend the Law relating to Dower. x\n Act to make further provision for the administration of the Nelson Trust Funds. An Act for amending an Ordinance passed by the Governor and Legislative Council of New Zealand, for regulating the Sale of Fermented and Spirituous Liquors. R. H. v Wynyard, Officer Administering the Government. Government House, Auckland, 14th September, 1854. Message No. 27. The Officer Administering the Government has to inform the House of Representatives that he has this day given his assent in Her Majesty's name to the following Bills presented to him by the Honorable the Speaker of the House of Representatives, viz. :— An Act for regulating the disposal of the Waste Lands of the Crown in New Zealand. An Act for regulating the management of certain Lands reserved for Public purposes in the several Provinces of New Zealand. An Act to enable the Barristers and the Solicitors of the Supreme Court to act as General Law Practitioners. R. H. Wynyard, Officer Administering the Government. Government House, Auckland, 14th September, 1854. Message No. 28. The Officer Administering the Government, transmits to the House of Representatives a eopy °f a Letter from the Colonial Treasurer, representing the necessity of his being allowed a Clerk in his Department; and which His Excellency recommends to the favourable consideration of the House. fy , TT R. H. Wynyard. (jrovernment House, Auckland, 14th September, 1854.
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Message NO. 29. The Officer Administering the Government transmits to the House of Representatives a Supplementary Estimate, making provision for the expense of inspecting the Electoral Rolls in the several Districts of the Colony. H. R. Wynyard. Government House, Auckland, 14th September, 1854. Mr. Mackay moved, seconded by Mr. Ludlam, that His Excellency's Messages Nos. 25, 28, and 29, be referred to the Committee of Supply.—Agreed to. The House again resolved itself into Committee of Supply for further consideration of the Estimates. A On the Speaker resuming the Chair the Chairman reported that the Committee had gone through the various items contained in the Estimates, for 1854 and 5 as laid before the House, together with those additional items in the Supplementary Estimates contained in His Excellency's Messages Nos. 14, 15, 22, 23, 24 k 25, and brought lip the following Resolutions : — ESTIMATES OF EXPENDITURE FOR 1854-5. (1.) Resolved that a sum not exceeding £2373 15s. be appropriated to defray the Salaries and Contingencies of the Land Purchase Department for the year ending 30th June, 1855. (2.) Resolved that a sum not exceeding £1,300 be appropriated to defray the Salaries, Contingencies, &c., of the Post Office Establishment at Auckland, for the year ending 30th June, 1855. (3.) Resolved that a sum not exceeding £605 be appropriated to defray the Salaries, Contingencies, &c., of the Post Office Establishment at Wellington, for the year ending 30th June, 1855. (4.) Resolved that a sum not exceeding £80 be appropriated to defray the Salaries and Contingencies, of the Post Office Establishment at Whanganui or Petre, for the year ending 30th June, 1855. (5.) Resolved that a sum not exceeding £186, be appropriated to defray the Salaries, and Contingencies of the Post Office Establishment at New Plymouth, for the year ending 30th June, 1855. (6.) Resolved that a sum not exceeding £720, be appropriated to defray the Salaries* Contingencies, &c., of the Post Office Establishment at Nelson, for the year ending 30th June, 1855. (7.) Resolved that a sum not exceeding £530, be appropriated to defray the Salaries, Contingencies, &c. T of the Post Office Establishment at Canterbury, for the yc-ar ending 30th June, 1855. (8.) Resolved that a sum not exceeding £155, be appropriated to defray the Salaries and Contingencies of the Post Office Establishment at Otago, for the year ending 30th June, 1855. (9.) Resolved that a sum not exceeding £500, be appropriated to defray the expense on account of Inter-Provincial Postal Communication Overland, between Auckland, New Plymouth, and Wellington, for the year ending June 30th, 1855. (10.) Resolved that a sum not exceeding £,6000, be appropriated to defray the expense, on account of Postal Communication between the Provinces by Steam, for the year ending 30th June, 1855. (11.) Resolved that a sum not exceeding £2,225 175., be appropriated to defray the Interest due on Debentures for the year ending 30th June, 1855. (12.) Resolved that a sum not exceeding £225, be appropriated to defray Pensions, being Walker Nene's annuity £100; Gratuities to Native Chiefs £100 ; One Pensioner £25. DEPARTMENTS OF THE GENERAL GOVERNMENT NOT PROVIDED FOR ON THE CIVIL LIST. . (13.) Resolved that a sum not exceeding £643 165., be appropriated to defray the expense on account of allowances, &c., to His Excellency the Governor. (14.) Resolved that a sum not exceeding £275, be appropriated to defray the Salaries &c., of the Legislative.Council Establishment for the year ending 30th June, 1855.
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(15.) Resolved that a sum not exceeding £8,720, be appropriated to defray the Salaries, Allowances, and Contingencies, on account of the House of Representatives: being, Speaker £400 ; Clerk £250 ; Assistant-Clerk £200 ; Chairman of Committees £100 ; Sergeant at Arms £150 ; Messengers at 10s. per diem, while employed £120 ; expenses of Members (exclusive of Speaker) £2,800; Travelling Expenses of Members of both Houses £600; Printing, Stationery, and Contingencies £1000 ; Building and iurniture £3100. (16.) Resolved that a sum not exceeding £90, be appropriated to defray the Salary of the Messenger to the Colonial Secretary's Department for the year ending 30th June, 1855. (17.) Resolved that a sum not exceeding £475, be appropriated to defray the Salaries of of the Bank of Issue Establishments at Auckland and Wellington, for the year ending 30th June, 1855. (18.) Resolved that a sum not exceeding £300, be appropriated to defray the travelling expenses of Judges on circuit for the year ending 30th June, 1855. (19.) Resolved that a sum not exceeding £1,290, be appropriated to defray the Salaries and Contingencies of the Establishments of the Registrars of the Supreme Court, for the year ending 30th June, 1855. (20.) Resolved that a sum not exceeding £650, be appropriated to defray the expense on account of the Native Secretary's Department, for the year ending 30th June, 1855. (21.) Resolved that a sum not exceeding £387, be appropriated to defray the charge on account of nine Native Assessors and three Native Police Men, at New Plymouth, for the year ending 30th June, 1855. (22.) Resolved that a sum not exceeding £2070, be appropriated to defray the charge of Grants in aid of Hospitals, to defray the expense of Treating Native Patients, for the year ending 30th June, 1855. Being,—Auckland £650, Wellington £550, Whanganui £420 New Plymouth £250, Otago £50, Canterbury £50, Nelson £100. (23.) Resolved that a sum not exceeding £242 45., be apropriated to defray the expense on account of the Government Domain, at Auckland, for the year ending 30th June, 1855. (24.) Resolved that a sum not exceeding £154, be appropriated to defray the expense on account of the Government Domain, at Wellington, for the year ending 30th June, 1855. (25.) Revolved that a sum not exceeding £3,600 be appropriated to defray the charge of Miscellaneous Services, for the year ending 30th June, 1855. Being,—Printing and Stationary £700, Firewood £200, Travailing Expenses £600, Presents to Natives £300, Unforseen Expenses £1800. (26.) Resolved that a sum not exceeding £183 155., be appropriated to defray the charge on account of Interest on Debentures Issued at Wellington, for the year ending 30th June, 1855. SUPPLEMENTARY ESTIMATES. (27.) Resolved that a sum not exceeding £1,300, be appropriated to defray the expense of Grants in aid of Schools, for the year ending 30th June, 1855. Being,—schools under the management of the Church of Rome £600 ; under the management of the Wesleyan Society £700. (28.) Resolved that a sum not exceeding £500 be appropriated to defray the Salary and Contingencies of the Establishment of the Collector of Customs and Resident Magistrate at the Chatham Islands, for the year ending 30th June, 1855. (29.) Resolved that a sum not exceeding £500 be appropriated to defray the expense of carrying out a system of Vaccination amongst the Natives. (30.) Resolved that a sum not exceeding £25, be appropriated to defray the Pension of Bernard Gapper (a Police man wounded at the Wairau Massacre) for the year ending 30th June, 1855. (31.) Resolved that a sum of £200 be appropriated as a donation to the Widow and Children of the late Mr. James Coates, Clerk of the House of Representatives. Question put. That the foregoing Resolutions be adopted.—Agreed to. On motion of Mr. Travers House adjourned till 6 o'clock this evening.
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Thursday, September 14th, 1854. (G p.m.) The House met pursuant to adjournment. The Speaker took the Chair. Mr. Hart with leave of the House, moved that the following aldrcss be presented to Ilis Excellency the Offieer Administering the Government, respecting the Salary of the Serjeant at Arms :— • To His Exccllency Lieut. Col. Robert Henry Wynyard, C.B , the Officer Administering the Government of New Zealand, &c., &c., &c. We, the Members of the House of Representatives, beg leave respectfully to inform your Excellency that Mr. Philip Augustus Deck having been appointed Serjeant at Anns in this House, a Salary has been voted for that office; that such salary is proposed to be withheld pending the delivery of certain accounts arising out of duties in another department of the Public Service. That it is of the greatest public importance that the services of officers of this House should be secured by the payment of their salaries, irrespective of any questions arising out of other duties or services. We therefore, respectfully pray your Excellency that you will be pleased to direct the payment to Mr. Philip Augustus Deck, of the salary appropriated to the office of Serjeant at Arms in this House. Address adopted. Dr. Monro gave notice that to-morrow he would move the following Resolutions :— 1. That the debt of £268,370 15s. to the New Zealand Company imposed upon the Colony by Act of Parliament, ought to be considered as an equivalent in money at ss. an acre for 1,073,000 acres alleged to be surrendered to the Crown for the service of the Colony. 2. That at the time the arrangement was entered into by which this debt was saddled upon the colony, the Crown was in the terms of the 13th chapter of the Royal Instructions of 1846, a Trustee of the land and land-fund of the colony for the benefit of its subjects, and especially for the benefit of such of them as have settled, or shall hereafter settle in New Zealand. 3. That the arrangement of 1847, between the New Zealand Compan}' aud Lord Grey, subsequently given effect to by the Act X aud XI Victoria, Chapter CXII, was obtained by misrepresentation and suppression of the truth, and appears to have been entered into in a state of comparative ignorance on the part of the Crown of the position and transactions of the Company, Loth in England aud the Colony, and in particular that the existence and extent of the claims of the settlers of Wellington and Nelson were not made known to Parliament 4. That the Company was not justified in applying any portion of the land which it professed to surrender to the colon}', to the liquidation of its outstanding and undisclosed liabilities, excepting on the condition that tho value or any land so applied by the Company, or by the Government in fulfilment of the Company's contracts, should be deducted from the amount of the debt. 5. That the minimum amount of loss of land fund sustained by tha colony is including the expense of surveying the compensation land, £120,000. 6. That inasmuch as the money advanced by Parliament, was said to be aid afforded to the Company to restore the property of the existing settlements, and to promote the establishment of new settlements in the colony, the inhabitants of New Zealsnd have a right to enquire whether the public money given to the New Zealand Company, was applied fully and fairly to the objects for which the Crown constituted it its Trustee. 7. That the compromise of the claims of the Nelson land-purchasers, carried into effect in July, 1847, was essentially modified in favour of the Company by the following means : —A legal opinion favourable to the claims of the settlers, which the Company had promised to obtain, and to make public among them for the adjustment' of their mutual differences, was suppressed ; and a second opinion, unfavourable to the claims 16
6
of the settlers, was substituted and made use ot by the Company s agent, and as appears by his own letters to the Secretary of the Company, not without effect. 8. That vi"orous efforts ought to be made in the ensuing Session of Parliament, to obtain enquiry into, and relief from the matters complained of in the foregoing Resolutions. 9. That should any amount be fixed on as ultimately due to the Company, the same ought to be distributed amongst the Provinces upon principles to be settled by the General Assembly. 10. That it is expedient, that an Act should be obtained in the next Session of the • Imperial Parliament, for obtaining such relief, and for enabling the General Assembly to effectuate such distribution ; and that it will be desirable in any such Act to obtain power to commute the Company's claim for Colonial or Provincial securities. That an humble Address be presented to her Majesty and both Houses of Parliament, embodying the foregoing Resolutions. That a respectful Address be presented to his Excellency the Officer administering the Government, praying him to take immediate and active steps for giving effect to the foregoing Resolutions. Mr Fitzgerald gave notice that to-morrow ho would move the following resolution : — " That it is desirable that the next session of the General Assembly should be held in a more central position of the Colony. Mr. Fitzgerald pursuant to notice, moved No. 1 standing in his name on this day's paper. Mr. Wakefield moved, the addition of the following words at the end of the first paragraph :—" And that in justice the Provinces of New Plymouth and Otago ought to be placed on a footing of equality with Canterbury and Nelson.—Amendment agreed to. Resolution as amended, adopted. Mr. Carleton, with leave of the House, brought up the report of the Select Committee appointed to consider the pre-emption Land Claims Bill, which was read and ordered to be printed. On the motion of Mr. Carleton, the resolutions contained in the report were adopted. Mr. Carleton, with the leave of the House, moved the following resolution : —" That a respectful address be presented to the Officer administering the Government, prayiDg his attention to the resolutions adopted by the House on the recommendation of the Pre-emptive Land Claims Select Committee. Resolution adopted. Mr. Fitzgerald pursuant to notice moved the resolutions standing No. 2 in his name on this day's paper. Resolutions adopted. On motion of Mr. Sewell the Speaker left the Chair and the House resolved itself into a Committee of the whole for consideration of the Appropriation Bill. On the Speaker resuming the Chair the Chairman reported that the Committee desired to re-commit the Bill. Mr. 1 ravers gave notice that on the third reading of the Appropriation Bill, he would move that it be read a third time that day six months. On motion of Mr. Sewell the Speaker left the Chair and the House resolved itself into Committee of the whole for reconsideration of the Appropriation Bill. On the Speaker resuming the Chair the Chairman reported progress. Mr. Sewell moved that the Bill be now read a third time. Mr. Sewell with leave of the House withdrew his motion. On motion of Mr. Fitzgerald the Bill was ordered to be recommitted. Mr. Hart Chairman of the Committee on the New Zealand Company's Debt brought up the report of that Committee which was ordered to be printed together with the evidence and the minutes 01 the Committee.
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Mr. Lee pursuant to notice moved that the Speaker leave the Chair and the House resolve itself into a Committee of the whole for consideration of the Provincial Waste Lands Bill. Mr. Sewell moved as an amendment, that it is inexpedient to proceed with the Bill this session. Amendment put.—House divided. Ayes 7. Noes 11. Messrs. Gledhill, Messrs. Macandrew, „ Carleton, Revans, Picard, Ludlam, Mackay, Forsaith, Crompton, Lec, Hart, Fitzgearld, Sewell, (Teller.) Cutten, O'Neill, Gray, Moorhouse, King, (Teller.) Original Question put and carried. On the Speaker resuming the Chair the Chairman reported the Bill with amendments.— Report adopted. On motion of Mr. Lee Bill read a third time and passed. Title of the Bill read and agreed to. Mr. Lee and Mr. Forsaith were deputed to present the Bill to the Legislative Council. On motion of Mr. E. Jernirgliam Wakefield the Speaker left the Chair and the House resolved itself into a Committee of the whole for consideration of the Secondary Punishment Bill. On the Speaker resuming the Chair the Chairman reported the Bill with amendments. Report adopted. On motion of Mr. E. J. Wakefield Bill read a third time and passed. Title of the Bill read and agreed to. Mr. E. J. Wakefield and Mr. Crompton were deputed to present the Bill to the Legislative Council. Mr. Travers gave notice that to-morrrow he would move that a respectful address be pre" sented to His Excellency the Officer administering the Government, praying that the recommendations of the Committee on Secondary Punishment relative to the appropriation of a portion of the earnings of convicts be appropriated to the benefit of such convicts, and generally be embodied in any regulations to be made under the authority of the Secondary Punishment Act, 1854. House adjourned at 3 past 3 o'clock until noon to-morrow. Charles Clifford, Speaker.
St tfo %tal a n k VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Friday, September 15th, 1854. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Minutes of last meeting read. On motion of Mr. Merriman standing order No. 81, was suspended. Mr. Merriman moved, the adoption of the following resolutions—That an address be presented to His Excellency the Officer administering the Government, acknowledging the receipt of His Excellency's Message No. 11, enclosing a Petition from the junior Clerks in the employment of the General Government, requesting His Excellency to grant them an increase upon their salaries; and respectfully informing His Excellency that in pursuance of the resolutions of the Committee of Supply, the salaries of several of the Officers in different departments of the Government have not been considered by the Houses, but that the House has given effect to the prayer of the Petitioners in granting supplies for the service of the several Departments over which the House has exercised control. Resolution adopted. A Deputation from the Legislative Council was announced. The Deputation informed Mr. Speaker that the Council had agreed to the amendments made in the House, to the Powers of Attorney Bill ; and requested a conference on the subject of amendments to Secondary Punishments Bill. The Deputation then withdrew. On motion of Mr. Mackay, the following members appointed a Committee to confer with a Committee of the Legislative Council on the subjcct of Amendments to Secondary Punishments Bill, viz. :—Mr. E. J. Wakefield, Mr. O'Neill, Mr. Crompton, Mr. Merriman, and Mr. Sewell. Mr. Sewell gave notice that at the first opportunity he would move the following Resolutions : — 1. That the present distribution of the fixed public Burthens of the Colony amongst the Provinces, according to the rules established by the Constitution Act, is impolitic and unjust. 2. That in order to preserve the unity and harmony of the Colony, it is essentially necessary that such public burthens should be adjusted between the Provinces without delay. And that in such adjustment the New Zealand Company's debt ought to be apportioned amongst the Provinces upon sound and equitable principles, and having 17
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regard to the former Resolution of the House, for exempting the Province of Auckland ; and that the charge of extinguishing Native title in each Province, should be borne by such Province. 3. That having regard to the circumstance, that according to the peculiar frame of the Constitution, each Province has an exclusive interest in its own contributory share of the Public Revenue, it is expedient that the proportions in which the current charges on such Revenue should be borne by the respective Provinces, should be definitely ascertained. 4. That such proportions ought to be settled according to quotas of contribution ; such quotas to be fixed by an Act of the General Assembly, or in default thereof, by some authority to be determined by the Imperial Parliament. 5. That the costs of vJollection and Management, both of General and Land Revenue, in each Province, should be paid out of the Revenue of such Province. 6. That such quotas ought to be varied triennially, or at such other periods, as may be fixed by the General Assembly, or in default thereof, by some authority to be determined by the Imperial Parliament. 7. That the objects of the foregoing Resolutions ought to be effectuaed by an Act of Parliament to be obtained in the ensuing Session. 8. That a respectful address be presented to His Excellency, embodying the foregoing Resolutions. Mr. Sewell also to move the following Resolutions :— That the charges of the Surveying Department ought not to be included in the Cost of Collection, and Management, of the Land Revenue ; but that the same ought to be borne by each Province out of its distribution share of the Territorial Revenue. That Land Scrip ought not be issued without sanction of Law, and under an effectual system of check and control. That the Income and Expenditnre on account of all Public Lands and Buildings appropriated to the service of the General Government, ought to be brought into the public accounts. That it is highly desirable that a statement of all property, of whatever kind, of the General Government should be laid before the Legislature. That the Public accounts ought to be audited and closed without delay. That, in voting supplies for the current year, this House does not sanction the Expenditure of the Public Revenue since the expiration of the last Appropriation Act; but that an account of such expenditure ought to be laid before the Legislature without delay. That the provisions of the Education Ordinance, Session 8, No. 10, so far as the same authorize the Governor to expend a sum not exceeding one-twentieth of the Revenue, of the Colony, have in the opinion of this House been superseded by the Constitution Act, That it is highly desirable that an office should be kept open, during the recess, for the Clerk of the House, in order that Members may consult the records and papers. On motion of Mr. Sewell the business of the House suspended until the conference on 'he Secondary Punishments Bill be concluded. On the return of the Managers of the Committee of Conference Mr. Merriman, Chairman of the Committee, reported that the Committee recommend that amendments made by this House in the 9th and 21st Clauses, should be rescinded.—Report adopted. Mr. Sewell, pursuant to notice, moved that the Appropriation Bill be "now" read a third time. Mr. Travers, pursuant to notice, moved that the question be amended by the omission of the word "now," with a view to add at the end the words "this day six months." Mr. Fitzgerald seconded the amendment. Debate ensued. A Deputation from the Legislative Council was announced. The Honourable H. St. Hill, Esq., was introduced who informed Mr. Speaker that the Council had adopted the amendments to the Secondary Punishment Bill agreed to by the Committee of Conferrence. The Deputation then withdrew. Mr. Merriman and Mr. Crompton were deputed to announce to the Legislative Council that the House had adopted the recommendation of the Committee of Conference on the Secondary Punishments Bill. Debate on third reading of the Appropriation Bill resumed. Mr. I ravers, with the leave of the House, withdrew his amendment. Mr. Fitzgerald withdrew the amendment standing in his name on this day's paper. Bill then read a third time and passed.
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Tittle of the Bill read anu agreed to. Dr. Featherston and Major Greenwood were deputed to present the Bill to the Legislative Council. Dr. Monro gave notice that he would move an address to His Excellency the Officer administering the Government, on the subject of a Colonial Allowance to the Officers and Men of H. M. S. "Pandora." Mr. Macandrew, with leave of the House, moved that an humble address be presented to His Excellency the Officer administering the Government, requesting that he may be pleased to cause the necessary enquiry to be made into the truth of the allegation contained in a Petition presented to this House from Alexander Mackay, of Otago, and in the event of said allegation being well founded, that his Excellency may be pleased to order such redress to the Petitioner as the justice of the case may demand.—Agreed to. Dr. Monro, with leave of the House, postponed moving the Resolutions standing in his name, No. 3 on this day's paper. Mr. Fitzgerald, pursuant to notice, moved the Resolution standing in his name, No. 4 on this day's paper, relative to the next Session of the General Assembly.—Debate ensued. Question put. —House divided. NOES—I 3. Messrs. Fitzgerald Messrs. Lee Kelham Merriman Monro Forsaith Rhodes Greenwood Hart Carleton Revans O'Brien Sewell Crompton Featherston Porter Gledhill Brown Ludlam Gray Picard (teller). Bacot Taylor O'Neill (teller). Mr. Travers, pursuant to notice, moved No. 5 standing in his name on this day's paper, which, with the leave of the House, he amended by striking out the following words :— "relative to the appropriation of a portion of the earnings of convicts, be appropriated to the benefit of such convicts, and generally."—Motion as amended agreed to. Dr. Monro, pursuant to notice, moved the following address in accordance with the Resolution of the Select Committee on His Excellency's Messages Nos. 14 and 15, recommending a grant of £500 to the Officers and Men of H. M. S. "Pandora." To Ills Excellency the Officer administering the Government. We the Commons of New Zealand, in their House of Representatives assembled, beg respectfully to call your Excellency's attention to the report of a Select Committee, appointed to consider your Excellency's Messages Nos. 14 and 15 ; and we'pray your Excellency to take such steps as may seem to you most advisable to carry the recommendations of that Committee into effect.—Debate ensued. Question put —that the Address be adopted.—House divided. Ayes—l 6. Noes —8. Messrs. Brown Messrs. Kelham Bacot Kiug Wortley Featherston Picard Macandrew Monro Gledhill Weld Revans Carleton Fitzgerald O'Neill Ludlam (teller). Merriman Greenwood Sewell Forsaith Travers Lee Mackay Taylor (teller). House adjourned at 5 past 4 o'clock until 6 o'clock this evening.
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Friday, September 15th, (6 p.m.) The House met pursuant to adjournment. The Speaker took the chair. Mr. Sewell, pursuant to notice, moved the adoption of the following Resolutions :— 1. That the charge of £268,000 on the Land Fund of the Colony in favour of the New Zealand Company regarded as a compensation for losses, is excessive in amount, is founded on no grounds of justice, and ought not to be claimed from any part of the Colony. 2. That the charge in favour of the Company, was in fact an equivalent for the surrender by that Body, of certain suffered Land Claims, and is fixed on the entire Land Fund of the colony. 3. That by sundry transactions of the Company, and by its dealings with the Parliamentary Grants since the charge was created, its amount has been largely reduced, if not altogether extinguished, and that vigorous steps ought to be taken by the Executive Government with the least possible delay, for obtaining from the Crown and the Imperial Parliament equitable relief. 4. That looking to the separate interest which each Province has in the surplus of its own land fund, the mode provided by the Constitution Act for satisfying the Company's Claim, out of the proceeds of the first accidental Land Sales, is neither just nor politic, and ought to be corrected with the least possible delay. 5. That, whatever may be eventually fixed as the amount of the Company's Claim, ought to be apportioned amongst the Provinces, according to some just rule; and that under all the circumstances, with a view to a general adjustment, the nearest approximation which can be made to such rule is a computation of the area of land in each Province over which the Native Title had been extinguished at the time of the passing of the Constitution Act, according to which computation, the proportion chargeable to the Provinces of the Northern Island does not exceed l-15th of the whole amount. 6. That, as a part of such general adjustment, the charge of extinguishing Native Title in each Province ought to be borne by the Province, with temporary assistance, in case of need, by loans through the aid of the General Government and General Assembly. 7. That the charge of £27,587 lis. 6d., outstanding for debentures, under the Debenture Ordinance, Sess. 8, No. 11, was mainly incurred on account of the Northern Island. 8. That the charge of £3675 165., for Debentures improperly issued by Sir George Grey, though not sanctioned by law, was incurred, bona fide, on account of the Province of Wellington, though the same ought to have been defrayed by the New Zealand Company. 9. That the charge of £911 Bs. 6d., outstanding on Debentures issued under the Land Claims' Ordinance, New Ulster, Sess. 7, No 22, was incurred exclusively on account of the Province of Auckland. 10. That with regard to any Claim which may be made by the Imperial Government in respect of the outlay on the Pensioner Villages the supposed benefit of such outlay has accrued to the Province of Auckland, though this House disclaims all liability on that account. 11. That it is desirable to adjust and ascertain the proportions and manner in which the before-mentioned charges and burthens should be borne and distributed, and that the following plan for that purpose is equitable and expedient:— (a) That the Provinces of the Northern Island shall be relieved from contributing to the Company s Debt; and that whatever may be the amount fixed on as such debt, shall be borne by the Provinces of the Middle Island in relative proportions, according to the nearest estimates which can be made of the area of land within each Province", over which the Native title is extinguished. (b) That the cost of extinguishing Native titles in each Province shall be borne by such Province. (c) That the outstanding sum of £27,587 lis. 2d., under the Debenture Ordinance, shall be borne by the Provinces of the Northern Island, excepting New Plymouth. v °
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(d) That the debentures, amounting to £3,675 165., issued by Sir George Grey oil account of the Province of Wellington shall, in the first instance, be borne by that Province ; but that the same ought, to be recovered from the New Zealand Company. (e) That the unsatisfied Debentures, amounting to £914 Bs. 9d., under the Land Claimants Ordinance, New UJster, shall be borne by the Province of Auckland. (f) That whatever sum, if any, may he ultiuiately charged against the colony on acconnt of the outlay on the pensioner villages, shall be borne by the Province of Auckland. 12. That all payments made since the date of the Constitutional Act, or which may be made, on account of the several before-mentioned charges, or on account of interest thereon, ought to be re-adjusted on the foregoing principles. 13. That the foregoing arrangements ought to be effectuated, as far as possible, by a legislative act of the General Assembly, and, as far as may be additionally requisite, by an act of the Imperial Legislature. Mr. Fitzgerald moved as an amendment "That the whole of the Resolutions proposed by Mr. Sewell be omitted, with a view to insert the following in lieu thereof:— That the mode in which the Debt of the New Zealand Company is charged upon the Land Funds of the Colony is, considering all the circumstances of the case, the fairest mode which could have been adopted and one which ought to be maintained; with one exception, that Auckland ought to be altogether relieved from the debt due to the Company. The charge of the New Zealand Company ought to be subordinate to, and subsequent to the charge for the purchase of land from the natives. That the costs of maintaining the General Government in accordance with the forgoing Resolutions ought not to exceed the sum provided by way of Civil List. With the exception of the charges borne on the Civil List, all the departments of Government in each Province should be borne on the Revenues of such Province. That the costs of Collection and Management of the Ordinary Revenue, in each Province, should be paid out of the Revenue of such Province. That the current expenses of the General Government ought to be borne solely upon the Ordinary Revenues of the Colony. That every Province ought to contribute from its net Ordinary Revenues a sum proportional to its net Revenues, to defray such current expences. That such proportional sum might cohveniently be changed into a fixed quota to be-charged from time to time as the proportion altered. That a separate account ought to be kept of all the Land Revenues in the Colony. That all the expences of Collection, Management, and Surveys, in respect to the Land Fund within each Province, ought to be borne on Funds arising within that Province. The costs of extinguishing the' native title to land within each Province ought to be borne upon the Land Fund of such Province. Debate ensued. A message from the Legislative Council announced. The Honorable F. Dillon Bell, Esq. was introduced, who presented the Marriage Bill with amendments. Mr. Forsaith moved the consideration of the amendments to the Marriage Bill. Agreed to. Amendments read and agreed to. Mr. Forsaith and Mr. Hart were deputed to notify to the Legislative Council the concurrence of the House in the amendments to the Bill. A message from the Legislative Council was again announced. The Honorable F. Whitaker Esq., was introduced, who presented the Provincial Waste Lands Bill which had been passed by the Council without amendment. Debate on Mr. Sewell's Resolutions resumed. Question put, that the words proposed to be omitted stand part of the question. House divided. 18
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Ayes—l 9. Noes—3. Messrs. Sewell Messrs. Fitzgerald Forsaith Moorhouse Carleton Cutten ( teller - O'Brien Weld Taylor Brown Gledhill Kelham Rhodes Bacot Crompton Hart Revans Featherston Mackay Picard Ludlam King (teller). Original Question put and carried. Mr. Sewell moved the adoption of the following resolutions :— That the charges of the Surveying Department ought not to be included in the Cost of Collection and Management of the Land Revenue ; but that the same ought to be borne by each Province out of its distributive share of the territorial revenue. That Land Scrip ought not be issued without sanction of Law; and under an effectual system of check and control. That the Income and Expenditure on account of all Public Lands and Buildings appropriated to the service of the General Government, ought to be brought into the Public ascounts. That it is highly desirable that a statement of all property, of whatever kind, of the General Government should be laid before the Legislature. That the Public accounts ought to be audited and closed without delay. That in voting supplies for the current year this House does not sanction the expenditure of the Public Revenue since the expiration of the last Appropriation Act; but that an account of such Expenditure ought lo be laid before the Legislature without delay. That the provisions of the Education Ordinance Session 8 No. 10, so far as the same authorised the Governor to expend, a sum not exceeding one-twentieth of the Revenue of the Colony, have, in the opinion of this House, been superseded by the Constitution Act. That it is highly desirable that an office should be kept open, during the recess, for the Clerk of the House, in order that Members may consult the Records and Papers. Resolutions adopted. Mr. Crompton moved the adoption of the following Resolution :— That a humble Address be presented to His Excellency the Officer administering the Government, praying that a Return of all Lands Reserved fur Educational purposes, within the Colony of New Zealand, be laid before this House as early as possible after its next meeting.—Agreed to. Mr. Kelham moved the adoption of the following Resolution :— That an Address be presented to his Excellency the Officer administering the Government requesting that he will be pleased to order, that an account of the Receipt and Expenditure of all Educational Societies, receiving Grants of Money from the Government, shall be laid before this House annually; together with a statement of their Endowments where any exist.—Agreed to. On motion of Dr. Monro the Report of the Select Committee on the New Zealand Company's Debt was read. Dr. Monro moved the adoption of the Resolutions standing in his name on this day's paper. Resolutions Nos. 1 to 5 agreed to.
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A deputation from the Legislative Council was announced. The Honorable F. Whitaker, Esq., informed Mr. Speaker that the Office of the Clerk of the Legislative Council would be kept open during the recess, for reference to papers and documents. The Honorable T. H. Bartley, Esq., presented the Appropriation Bill with amendments. The Honorable Major Kenny read and presented to Mr. Speaker the following Memorandum and Extract from the Journals of the Legislative Council. 1. That the honorable member bearing the Message, with the Appropriation Bill, inform the House of Representatives that the detailed Estimates have not accompanied that Bill and that whatever course may be hereafter followed in reference to supply Bills, whether called upon either wholly to accept, or wholly to reject; the Legislative Council is desirous it should be understood that the course now taken is not to be considered as a precedent. 2. That under these circumstances, the Legislative Council have agreed with extreme reluctance to an Act which places large sums of money at the absolute disposal of the Executive Government, the particular mode of appropriating those sums not having been prescribed by the Act. Extract from the Journals of the Legislative Council, 15th Sept. 1854. Resolved, — 1. That as the Bill for appropriating the Public Revenues was not introduced into the Legislative Council until the 15th September, and as the Assembly is to be prorogued on the 16th instant, this Council has no alternative but either wholly to reject the Bill, or to agree to it in the form in which it has been transmitted to thein by the House of Representatives. 2. That in consenting to pass the Appropriation Bill for 1854-5, without alteration of any of the sums voted by the House of Representatives. The Legislative Council have regard solely to the maintenance of the Civil Establishments of the Colony, and desire in no way to prejudice any right to alter or amend the Annual Appropriation Bill, or any other measure for raising or disposing of the Public Revenues. 3. That although the Act for granting a Representative Constitution to the Colony of New Zealand, contains no provisions for limiting or restricting the power of the Legislative Council to alter or ameud any Legislative measures whatever, which may be submitted for their consideration, the question has nevertheless been raised whether the Legislative Council would be justified in making any alteration in a measure of supply; or whether by analogy to the British Constitution, the Legislative Council of New Zealand must not either wholly accept or wholly reject every such measure. 4. That ia order to avoid the evils which would result from any conflict of opinion between two of the branches of the General Assembly as to the nature and extent of their respective Constitutional rights, all doubt upon the subject should be at once and authoritatively set at rest: and that with a view to that object, His Excellency the Officer Administering the Government be respectfully moved to bring the question under the consideration of Her Majesty's Imperial Government. 5. That a copy of the preceding Resolutions in reference to the right of the Legislative Council in respect of measures of supply, be forwarded to His Excellency the Officer Administering the Government, and that His Excellency's attention thereto be respectfully requested. (True extract,) Jas. John Piercy, Clerk. The deputation then withdrew. Debate ensued on the subject of the amendments to the Appropriation Bill. On motion of Mr. Sewell, a conference with the Legislative Council was requested;—the following members to be Managers of the Committee of Conference, viz :—Messrs. Fitzgerald, Monro, Travers, and Sewell. On the return of the Committee Mr. Sewell reported that the Committee of Conference had agreed to amendments in the Appropriation Bill. Amendments to the Bill adopted by the House, —Mr. Hart and Mr. Picard deputed to notify the same to the Legislative Council. Consideration of Dr. Monro's Rcsolvtions on the subject of the New Zealand Company's Debt resumed. Resolution No. 6 adopted. Resolution No. 7 withdrawn. Remaining Resolutions adopted.
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Dr. Monro gave notice that, to-morrow, he would move addresses to the Queen, and both Houses of Parliament, embodying the foregoing resolutions. A message from the Legislative Council was announced. The Honorable F. Dillon Bell, Esq., was introduced, who announced to Mr. Speaker that the Council had agreed to the amendments in the Appropriation Bill, as agreed to by the Committee of Conference. Mr. Sewell gave notice that, to-morrow, he would move addresses to His Excellency the Officer administering the Government, embodying the Resolutions which he had moved this evening. Mr. Fitzgerald gave notice that, to-morrow, he would move that an agent be appointed in England to carry into effect the object of the resolutions adopted by the House on the subject of the New Zealand Company's Debt. Also, —That he would move the consideration of the Memorandum forwarded by the Legislative Council with tne Appropriation Bill. House adjourned at 3 o'clock until noon to-morrow. Chakies Clifford, Speaker.
91 fo %ia I a n fc. VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. SESSION 11. Saturday, September 16th, 1854. Present :—The Speaker and 34 Members. The House met pursuant to adjournment. The Speaker read prayers. The Speaker took the Chair. Mr. Carleton presented a petition from Mr. James Kemp, jun., relative to a land claim at Wangaroa.—Petition received. Dr. Monro, pursuant to notice, moved the adoption of the following Addresses :— To the Queen's Most Excellent Majesty. We, the Commons of New Zealand, assembled in their House of Representatives, humbly beg leave to approach your Majesty, for the purpose of submitting to your Majesty the accompanying Resolutions passed by this House, in reference to the Claims of the New Zealand Company upon the Land Fund of the Colony. And we humbly pray that your Majesty will be pleased to give effect to these Resolutions, by means of a Bill to be passed through Parliament, to which we humbly pray Your Majesty to give your Royal assent. To the Lords Spiritual and Temporal in Parliament Assembled. . We, the Commons of New Zealand, assembled in their House of Regresentatives, humbly beg leave to submit to your Lordships the accompanying Resolutions passed by this House, in reference to the Claims of the New Zealand Company upon the Land Fund of this Colony, and we humbly pray that Your Lordships may be pleased to take such steps as to Your Lordships may seem fitting to relieve the Colony of New Zealand from the burden of a debt which we submit is excessive and unjust. To the Honorable the Commons of the United Kingdom of Great Britain and Irelard in Parliament Assembled. Wc, the Commons of New Zealand, assembled in their House of Representatives, humbly beg leave to submit to your Honorable House the accompanying Resolutions passed by this House, in reference to the Claims of the New Zealand Company upon the Land Fund of this Colony. And we humbly pray that your Honorable House will be pleased to institute an enquiry into the origin, nature, and extent of the debt to the New Zealand Company; and to take 19
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such steps, as in your wisdom, you may think fit to give effect to the said Resolutions, and to relieve this Colony, in whole or in part, from the burden of a debt which we venture to submit to your Honorable House is oxcessive and unjust. To His Excellency the Officer administering the Government of New Zealand. We, the Commons of New Zealand, assembled in their House of Representatives, beg leave respectfully to submit to your Excellency the accompanying Resolutions passed by this House. And we respectfully pray that your Excellency will be pleased to take active and immediate steps for giving effect to the foregoing Resolutions. . Addresses adopted. Mr. Carleton, with leave of the House, moved that an Address be presented to His Excellency the Officer administering the Government, recommending for favourable consideration, certain clerks in the Customs Department at Auckland, for compiling returns ordered by the House. —Agreed to. Mr. Merriman, with leave of the House, moved that an Address be presented to His Excellency the Officer administering the Government, requesting him to obtain, through the Secretary of State for the Colonies, 200 copies of "Jarvis' Acts" to accompany the Acts already applied for, named in the Schedule to the English Acts Act. Mr. Sewell, pursuant to notice, moved the adoption of the following address, to accompany the Resolutions moved by him last night. To His Excellency the Officer administering the Government. We, the Commons of New Zealand, assembled in their House of Representatives, beg leave respectfully to submit to your Excellency the accompanying Resolutions adopted by this House, to which we pray your Excellency's favourable consideration. Address Adopted. Mr. Fitzgerald, pursuant to notice, moved that it is desirable that an agent be appointed in England to carry into effect the object of the Resolutions adopted by the House, on the subject of the New Zealand Company's Debt.—Agreed to. A deputation from the Legislative Council, on being introduced, announced to Mr. Speaker that the Council had appointed Managers to meet Managers on the part of the House of Representatives, with the view to the appointment of an agent in Englaud, for the purpose of procuring a re-consideration, by the Imperial Authorities, of the New Zealand Company's Debt. The Deputation withdrew. Mr. Fitzgerald moved that Mr. Porter, Dr. Monro, Mr. E. G. Wakefield, Mr. Hart, and the .over, be appointed a Select Committee, to conduct a Conference with the Legislative Council a the subject of appointing an agent to carry into effect the objects of the Resolutions of the louse on the subject of the New Zealand Company's Debt.—Agreed to. On the return of the Managers Mr. Fitzgerald reported that the Committees of Conference ad agreed to the following Resolutions :— That it is desirable that some agent should be appoiuted, without salary, but with authority to employ legal assistance, if necessary, to carry into effect the object of the Resolutions of the two Houses. That it is desirable that Mr. Adderly should be recommended to the two Houses as such an agent. That His Excellency be requested to communicate the Resolutions of the two Houses to Mr. Adderly, and to acquaint him that he is authorized to expend a sum not exceeding £500 in legal expenses, should he find it desirable to do so in accomplishing the object of the Houses. Resolutions adopted. On motion of Mr. Fitzgerald the following Address, to accompany the above Resolutions, was adopted. 1o His Excellency the Officer administering the Government, &c., &c. We, the Commons of New Zealand, in their House of Representatives assembled, humbly beg to lay before your Excellency, the accompanying Resolutions, and pray that your Excellency will be pleased to take such steps as may carry into effect the wishes of this House. A Deputation from the Legislative Council was announced. The Honorable F. Dillon Bell, Esq., announced to Mr. Speaker that the Council had adopted the Resolutions agreed to by the Committee of Conference. The Deputation withdrew.
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Mr. Sewell and Dr. Monro were deputed to notify to the Legislative Council that the House had adopted the Resolutions agreed to by the Committee of Conference. A message from His Excellency the Officer administering the Government requested the attendence of the House in tha Legislative Council Chamber. The Members having assembled in the Council Chamber His Excellency declared His assent to the following Bills, viz.: Marriage Bill, Secondary Punishment Bill, Powers of Attorney Bill, and Appropriation Bill. The Provincial Waste Lands Bill, be reserved for the signification of Her Majesty's pleasure thereon. His Excellency then read the following speech :— HONORABLE GENTLEMEN OF THE LEGISLATIVE COUNCIL, AND GENTLEMEN OF THE HOUSE OF REPRESENTATIVES. You will be glad to learn that the state of the public business enables me to bring the present session to a close. On the occasion of its First Meeting, I urged upon the consideration of the Assembly the necessity of deciding upon the most advantageous apportionment of power between the General and the Provincial Authorities, of maturing the measures necessary for securing its practical adjustment, and of adopting some guiding principle on which the Assembly should proceed in the exercise of its own Constituent powers. Although but little progress has yet been made towards the accomplishment of these important objects, I cannot bring the business of the Assembly to a close without congratulating you on the amount of useful legislation you have accomplished during the brief period which has elapsed since the commencement of the present Session. Of the various measures which have been presented for my acceptance, there is not. one to which I have thought it my duty to refuse my assent, and with the exception of the Appropriation Bill, I have been able to give to all the measures you have passed, an unqualified approval. Gentlemen of the House of Representatives. It is provided by the Constitution Act, as you are aware, that it shall be competent for the Governor before declaring his pleasure in regard to any Bill presented for his assent, to make such amendments in it as he may think expedient, and to return it with such amendments for the further consideration of the House. I have to express my regret that the lateness of the period at which it has been presented for my assent, has virtually preclu '.ad me from exercising that power with respect to the Bill for appropriating the Public Revenues. With an explanation before you of the reasons for which provision was recommended to be made for the services which I find have been left unprovided for by that Bill, I can entertain no doubt, that with respect to some of them at least, you would on reconsideration, have recognized the necessity which exists for their continued maintenance. Without expressing any opinion as to the policy of transferring certain of the Public Departments from the control of the General Government to that of the Provincial authorities, an object sought to be accomplished by the Bill, I cannot refrain from expressing my conviction that a measure involving so important a question as the appointment of Legislative and Executive power between the General Government and the subordinate Local authorities, ought rather to be determined by a permanent Enactment, to which, after full discussion, and with ample time for consideration, all the three branches of the Legislature, shall have given their 'deliberate assent. Gentlemen of the A ssembly, I have had great pleasure in giving my assent in Her Majesty's name to the Bill " For regulating the disposal of the Waste Lands of the Crown in New Zealand. With regard to the system now in operation for disposing of the Waste Lands of the Crown, established by Governor Sir George Grey, the Act affirms the validity of the Proclamation of the 4th of March, 1853, and confirms the General Land Regulations contained in it, and at the same time, makes provision against their hasty or inconsiderate alteration. With regard to the future, the Waste Lands Act, in effect, provides that henceforward the Demesne Lands of the Crown shall be disposed in accordance with the wishes of the Colonists of New Zealand. So far as may depend upon myself, I have only to repeat the assurance I have already conveyed to both Houses of the Legislature, that I shall be prepared as occasion may require, to adopt the Existing Land Regulations to the particular requirements of the various Provinces, and as far as may be consistent with the interests of the Colony at large in conformity with the wants and wishes of their several inhabitants. With respect to the unsatisfied Claims alluded to in my address on opening the Session, it will now mainly rest
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with the Colonists themselves to determine in what manner, and to what extent compensation shall be awarded to those who may be found to have just and unsatisfied claims to compensation on account of their losses and sufferings arising out of the unfulfilled engagemsnta of the New Zealand Company, and to which pointed reference has been made in the recent report of a Select Committee of the House of Representatives on the subject of that Company's debt. The operation of the no less important Bill to authorize the General Ussembly to empower the Provincial Councils to make laws for regulating the disposal of the Waste Lands of the Crown must necessarily be deferred until it shall have received the Royal assent. I shall not fail to urge Her Majesty's Government to take such measures as may be deemed necessary for enabling the General Assembly lawfully to delegate to the Provincial Legislatures the powers conferred upon the Assembly by the New Zealand Constitution Yet. Owing to the late period at which the Bill for regulating the Law of Marriage has been presented for n:y asseut, I have been unutle to give to its provisions that careful attention which the importance of that measure, most undoubtedly demands. Neither have I had the opportunity of offering to you any amendments which a deliberate consideration of the measure in its details might have enabled me to suggest. I have much pleasure, however, in declaring my entire approval of the principle on which the Act has been based; and I am happy to believe that the Assembly have succeeded in devising a measure which, without disturbing the good feeling which has hitherto subsisted between the various religious denominations, without creating invidious distinctions between them, and without unnecessarily interfering with existing usages, will be found more efficient in its provisions than the disallowed Ordinance of 1851. The "English Acts Act," to which 1 have also given my assent, will have the effect of extending to New Zealand the benefit of those amendments which within lhe last few years have been effected by the British Parliament in the Laws relating to the administration of Justice ; and the Provisions of the " Secondary Punishments Act," will I trust, be found to operate not less beneficially in promoting the efficiency of the Law. On the subject of the charge of £'268,000 upon the SVaste Lands of the Colony in favor of the New Zealand Company, it will no doubt be satisfactory to the Colonists to be informed that both the Legislative Council and the House of Representatives have agreed to a Resolution to the effect that the charge in favor of the New Zealand Company on the Land Fund of the Colony is an oppressive burthen on its resources, and appears to have been created by Parliament in ignorance of the real facts, and to have been obtained by that Company by means of the suppression of material circumstances. I need hardly add, that I believe a full and fair enquiry into the subject by the Imperial Government, is due to the Colonists of New Zealand. The determination evinced by both Houses of the Legislature to take effectual means to repress the spread of Intemperance in this country, will I believe be hailed by the whole community with unqualified approval.Cordially concurring in the views embodied in the Address presented to me on the subject of Education, that " the Establishment of a sound system of Education for the youth of New Zealand is a matter of public concern," and that in order to determine whether the Education of youth in New Zealand, would be extended or improved by the interposition of the State, it is desirable to ascertain the present state of Education in New Zealand. I will use my best endeavours to furnish the Assembly on the occasion of its next meeting, with the information necessary for giving effect to the wishes of the Legislative .Couucil embodied in the Resolution in question. It only now remains for me to thank you Gentlemen, on the part of the Country, for the time and attention you have given to the discharge of your public duties, and to express my earnest hope that the measures you have passed by the Divine blessing, be found to promote the progress of the Country, and the happiness and contentment of the people. R. H. Wynyard, Officer Administering the Government. Government House, Auckland, ]sth September, 1854. His Excellency then retired, and the House stood prorogued accordingly to Thursday, the sth of July, 1855. Chaui.es Ci.iffoud, Speaker.
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VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES., Votes and Proceedings of the House of Representatives, 1854 Session I-II
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44,991VOTES AND PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES. Votes and Proceedings of the House of Representatives, 1854 Session I-II
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