THE GENERAL ASSEMBLY

Evening Star, Issue 3253, 24 July 1873, Page 2

THE GENERAL ASSEMBLY

[By Telegraph.] : Wellington, July 23. In the House of Representatives last night the Law of Arrest Amendment Act was introduced by Mr Bathgate. It provides that Superintendents and Councils may apply the third section of the Act to offences against Provincial laws. The third section provides that Provincial Acts to which this Act is applicable are to be specified by proclamation in the Gazette. Persons committing offences against such specified Acts, either upon indictments or as misdemeanors upon summary conviction may be arrested without warrant, by a constable or peace officer. The arrested person to be brought before a justice as soon as convenient, and not to be detained beyond sixty hours. The Act to come into force within forty days from date of predation in Gazette.

The Notaries Bill provides that none are to practise as Notaries unless those appointed under the Act. Judges of the Supreme Court may appoint persons holding the following qualifications Solicitors and barristers, authorised Notaries Public of Great Britain, practising in the Colouy. Application to be made to the Supreme Court. The penalty after the end of the year to be L2O, and LSO for practising without a certificate. The certificate must be renewed annually. Notaries, not being barristers or solicitors, are prohibited from acting as conveyancers, Notaries’ fees are to be fixed by the Govern.

ment, The Leases and Sale of Settled Estates Amendment Act Bill was introduced by Mr Bathgate. It provides that in orders hereafter made, under the 10th section of the Act, na condition shall be inserted requiring leases thereby authorised to be settled by Court, or made conformable with a model Icise, save with the consent of the parties. Any conditions already inserted may be excised by the Court. In judging what are settled estates within the meaning of the Act, the Court is to be governed by the facts and limitations of the settlement at the time of its taking effect. But where pre-emptive rights, under Provincial Waste Land Populations, or other personal estate are involved, the Court is to be guided by facts and limitations at the time of application, to exercise powers conferred by the Act, Pre-emptive rights conferred or acquired by law, or interest or estate acquired under pre emptive right, shall, wheu subject to settlement under the Act, be deemed settled estates In the Lower House to-day, Mr Cuthbertson asked the Government how many immigrants bad been landed at the Bluff up to the present time on behalf of the Government, exclusive of Brogden’s immigrants, and what instructions the Agent-General had been given relative to further shipments of immigrants ? Mr O’Rorke replied that the only vessel was the Zealaadia, with 319, q|

■ 11 ■' ■■■ n whom only 13 were Government immigrants. Instructions had been sent to the AgentGeneral to send a ship direct to the Bluff with 300. Mr Steward asked the Native Minister for information relative to ColenSo’s Maori Lexicon. Mr M‘Lean said that LI,IBO had been expended, and the work was not yet completed. Colenso’s alleged illness prevented the completion of the work. Nothing had been paid since 1870. A large amount of matter had accumulate' -7 , which was now in Colenao’a hands. On a motion for three weeks’ leave of absence yesterday to Mr Creighton, the member for Eden, Mr Backhand contended that the time was too long. It would virtually disfranchise the constituency. Mr Reeves suggested that some provision should be made relative to members who were also members of Provincial Councils being absent attending to their Council duties. Mr Fitzherbcrt suggested that the sessions of Provincial Councils should be restricted to the recess. Mr Fox asked tho Government whether, in response to petitions, Government intended to introduce measures amending the Licensing Bill. The Premier replied, referring to Mr Fox’s exertions in connection with the cause of total abstinence. TJe went on strongly to condemn drunkenness, and criticised the Permissive Bill. That Bill would jeopardize the property rights of licensed victuallers, and would not improve houses already licensed; but, by jeopardizing the value of property, render the character of houses worse. The Government favored the improvement of the existing licensing law, but would prefer to prevent the adulteration of drink and the sale of absolute poison, and to render more difficult tho obtaining of licenses for new houses. The Government recognised the fact that the present system of granting licenses by unpaid Justices does not work well. The power of granting, licenses should be taken out of the power of Justices of the Peace, and commissioners should be appointed to watch over and inspect licensed houses ; also, to watch over improvements, and to instruct owners to make the necessary improvements, and to see that such were made in sufficient time They should have the power to suspend licenses for misconduct, and should only grant fresh licenses where such were really necessary. They should inspect houses before granting licenses, and prescribe the conditions upon which bars should be conducted, and grant encouragement to working men’s clubs. They should stringently suppress adulteration, and impose heavy penalties. Any deficiencies in the revenue under the new system could he made up by increasing the cost of licenses. The Government was not able to give any definite promise upon the subject raised by Mr Fox, hut would consider the question during the recess, and draft a Bill. In reply to Mr Rolleston, Mr M'Lean promised to produce despatches from the Governor to the Secretary of State, relative to the Native meeting at Ngarauwahaia, and to the change of Ministry; also the despatches from the Acting-Governor relative to the Luna’s visit to Kawhia.

Mr Richardson promised a return of the amount paid to the owners of private property for land taken for railway purposes. The Juvenile Offenders Bill, the Bill for disqualifying holders of Publicans’ Licenses for Commissioners of the Peace ; the Marine Surveyors Bill, and Native Reserves Bill, were read the first time. The Joint Stock Companies, and the Canterbury Water Supply Bill, passed the second reading. The Wellington College Bill was read a first time. The Prisons Bill passed its second reading, Mr Bathgate explaining that it was a simple Consolidation Bill, except clause 10, which empowered the Governor to appoint a place for a penal establishment. On the motion for the addition of Mr Collins’s name to the Goldfields Committee, Mr Wakefield pointed out that no Wellington or Canterbury members were on the Committee. Mr Mervyn said they would be of no use : they understood nothing of such matters. Mr' Rollestou severely condemned the remarks of Mr and said that the Goldfields arid Committees contained the names of too many persons interested in ouch matters. On a discussion relative to Mr Reeves’s motion for returns of ships chartered for conveying immigrants, with the names of the owners and agents, and tto price charged per head, Mr Johnston attacked the Government contract with the New Zealand Shipping Company. Mr Luckie defended the Government. Mr Gillies said that the New Zealand Company’s monopoly of sit months was equally as dangerous as that of Shaw, Saville, and Co.; he referred to the connection of the former with the Bank of New Zealand and the Trust and Loan and Mercantile Agency Company. The return was agreed to. The Bill for constituting Native Councils and defining their functions, provides that the Bill should be permissive and at the option of the majority of Natives, where the major part of the inhabitants of any district are Natives whose title to the land is not extinguished. The Governor may alter or extend the boundaries of the districts, and also define the districts affected by the regulations under the Act. A mixed population may resolve to be brought under the operation of the Act. The land over which ths Native title has been extinguished is to cease to be a part of the district. The Councils are to consist of not less than six members, and not more than twelve. The term of office is to be three years. The Governor may prorogue or dissolve the Council. Resident Magistrates are to be ex officio members, All male Natives who have attained their majority are qualified to vote. The Rolls are to be made up to the Resident Magistrate, and posted up. The Resident Magistrate is to act as Returning Officer, but the Governor may appoint others. The Council is to elect a president, subject to the Governor’s approval. He maybe either Native or European. The majority of the Council is to decide matters. Councillors are to be entitled to a remuneration fixed by the Governor, the salary of the president being paid out of the Consolidated Fund. The Council is to have the power to inquire into petitions regarding land disputes, a«d to facilitate amicable settlement and adjudication in such cases as are recognisable by the Native Lands Court, The Council is to report to the Governor relative to the observance of Native rights and customs- The Council may frame health regulations and for cleaning of houses. Also in respect to nuisances, public property, drunkenness, prevention of tires, dogs, cattle, branding, trespass and boundary, and fencing. The Council may also impose penalties. When the Act has been brought into operation in any Native district, the Provincial Ordinances shall cease to exist. Mr Bradshaw moved that leave of absence be granted tp Mr Donald Reid, on account of urgent public affairs. Dr Webster moved as an amendment, that the words “ private affairs,” be substituted, which was agreed to. In the Lower House last night, Mr Bathgate moved the second reading of the District Courts Act Amenaraent Bill. He explained that the Bill is intended to extend tke equity jurisdiction in the District Courts to L3OO, so as to cheapen litigation. Mr T. L. Shepherd supported the Bill. Mr Steward supported the Bill. It would enable parties to carry cases from Resident Magistrates’ to District Courts cheaply, and also enable certain criminal prosectionu to be more

economically conducted than at present. Mr Gillies criticised the Bill as retrogressive, not reformatory. It rendered the offices of the Judges of the Supreme Court sinecures, and simply increased the patronage of the Government, as the necessity arose for more District Judges. The Bill raised a distinction between law and equity which it was always sought here to amalgamate. The decision as to matters within the jurisdiction of the District Courts under the new Bill, would be difficult. There were too many Courts already. Reform should discourage litigation, and he hoped the Bill would be modified in Committee. Mr Bathgate replied the proposed Bill would not interfere with the Supreme Courts, which were occupied with large and important questions, and there was no intention to moke new appointments The second reading was agreed to. 'J he Gold Mining Bill was read a second time, as was also the Canterbury Waste Lands Bill. Mr Thomson moved that to-morrow the House resolves itself into Committee, to consider the Clutha Public Works Loan, Mr Wibon wished to know to what extent the land was already hypothecated, and which laud was proposed to be hypothecated under the Bill? Mr Shepherd proposed that the question be postponed until after the financial statement. Mr Reader Wood supported the motion, which was then agreed to. A Select Committee was appointed to consider the Civd Service Amendment Permanent Officers Salaries Bill. In the Upper House, yesterday, Mr Waferhouse. in moving the appointment of a Select Committee to report upon the reconstruction of the Legislative Council, said no power existed for the Lower House to abolish the Council; the matter was settled by the Constitution. A second Chamber was highly necessary for good government. The existence of one Chamber, wherever tried, had proved a failure. Reviewing the measures from the Lower House was not so important as preventing one class from domineering over the other. He showed the difference between the House of Lords at Home and the Council here. Nominations here were dependent upon the exigencies of pai ty. The Council could not offer any resistance to popular pressure, and could not maintain itself against the elected body. He was in favor of an Elective Chamber, which should be a resemblance to the United States Senate. The qualifications should be the same for both Houses ; the duration of the ( ouncil being tea or twelve years. After further discussion, the motion was postponed.