GENERAL ASSEMBLY.

Globe, Volume IV, Issue 376, 26 August 1875, Page 2

GENERAL ASSEMBLY.

[By Telegraph.] (From a correspondent of the Press.) , HOUSE OF REPRESENTATIVES. Wednesday, August 25. The Speaker took the chair at 2.30 p.m. PETITIONS. A couple of petitions were presented, one being from the Mayor and Corporation and citizens of Auckland, praying the House not to pass the Bill making the mayorality of that city elective. SURVEYOR-GENERAL. In answer to Mr Pyke’s question whether the Government will give an assurance to the House that in making the appointment of Surveyor-General of the Colony they will recognise the claims of the gentlemen holding the office of Chief Surveyor in the pro vinces, The Colonial Treasurer replied that the question had been practically answered already. The Government had no intention at present of offering the appointment to anybody, but when they determined to raak< it they would take into consideration thi claims of all persons in the colony to th-, office. WANGANUI LOAN. The Wanganui Municipal Corporation Loan Bill was read a first time. the judges of the supreme court. Mr ROLLESTON, in moving “ That it is desirable thao the House should be informed in what manner the Legislature signified its desire for the shifting of the Judges of the Supreme Court to different circuits, as stated ia the letter of the Acting

Colonial Secretary of 6th March, 1875, in the following words:—‘ln making the proposal the Government was actuated by a desire to carry out the expressed wishes of the Legislature,’ ” said the correspondence lacked style, all their politeness in letter writing having been expended iu the correspondence with the Agent-General. The step taken by the Government on this matter had in his opinion struck at the root of the independence of the judges. If the Government wished to act upon the recommendation in the interim report of the WardChapman committee they could have done so without taking the somewhat arbitrary course they had. If the Government gave an assurance that they would not repeat such an action in future, and that it was their intention to invite the Legislature to the discussion of a general reform of the constitution and procedure of the Supreme Court a matter which should, in his opinion, be guided by the Legislature, and not be left to the arbitrary rule of the Government of the day—he would withdraw the motion; otherwise he would consider it his duty to make a further motion on the subject. Hon C. C. Bowen replied that the words in the correspondence, “ Expressed wish of the Legislature,’’ were unadvisedly used. It was correctly stated in a former letter that the Government desired to give effect to what they understood to be the wish of the Legislature as expressed in the joint committee report. With regard to the general question, the Government agreeing with the opinion of the joint committee that it was advisable that there should be a change of Judges in circuit, they would put themselves iu communication with the Judges with a view to coming to an arrangement that would be satisfactory to the Judges. The motion was withdrawn. GOVERNMENT BUILDINGS IN CHRISTCHURCH. On Mr Webb’s motion that there be laid before the House copies of all correspondence and telegrams between the Government and the Superintendent and Provincial Executive Council of Canterbury relative to the erection of Government buildings in the city of Christchurch, Hon E. Richardson said the matter was at present in an exceedingly unsatisfactory state. The General Government were placed in an awkward position on account of the want of decent accommodation for public offices in Christchurch. One of the finest sites in New Zealand had been placed at the disposal of the Government by an Act of the Legislature for the erection of buildings, but it was answered that it would be necessary, when building on such a site, that the buildings should be suitable. That was perfectly understood in Canterbury. As the buildings would costa much larger sum than the General Government feel warranted in expending, an understanding was come to with the Provincial Government, by which it would pay half the cost of buildings, estimated at £IO,OOO. That sum was voted by the Provincial Council, who attached to it a condition that they should have a voice in the matter. No question was then raised about the site, but simply as to the description of buildings to be erected. A commission was appointed, and when it commenced its labors, the question of site was raised. Various propositions were made, without a definite understanding being arrived at. The matter was brought into a very awkward position by the Provincial Council, At its last session, without consulting with the General Government, it deliberately ignored the arrangements previously come to by withdrawing, on the plea of retrenchment, the amount of their contribution towards the cost of offices. The General Government found themselves in this position. They have a fine site, and want a large amount of accommodation, but only with means sufficient to enable them to put up buildings with the cheapest and most temporary materials. Then it became a question whether the Government was justified in erecting such a building on the site at their disposal, A smaller site had been offered to the General Government, but not of sufficient dimensions to afford the necessary accommodation. It was possible to enlarge the latter by purchasing a quarter acre, but the Provincial Government objected to the price asked for it; consequently, the matter was hung up for the present. The Government had been urged to take the matter into their own bands, and charge the cost of the buildings against the province, but the Government hardly thought they were justified in doing that. If any suggestions could be made for adopting a course likely to lead to suitable buildings on the present site, Government would be glad to receive them.

Mr E. T. Kelly (Taranaki) on being informed that the whole of the offices were required for General Government purposes, objected to such a large 1 expenditure on architectural embellishment, while other places in the colony so much wanted ordinary accommodation. NATIVE COUNCILLOR. On Mr Taiaeoa’s motion that is expedient that the Government should fulfil their promise made on August 22nd, 1873, to place a native from the Middle Island in the .Legislative Council, Sir D. McLean said the Government, for reasons which it was not desirable to state, did not consider it desirable to appoint to the Council a chief from the Middle Island whom they had intended, and they would not undertake to be bound by their promise. ASSEMBLY LIBHARY. An interesting discussion arose on Sir G. Grey’s motion—“ That in the opinion of this House it is absolutely necessary that suitable buildings should forthwith be erected for the accommodation and safe keeping of the valuable library of the General Assembly.” All the speakers urged the necessity of immediately placing the library in a fireproof building. Sir G, Grey promised to move and the Government to support a motion for a Royal commission, with a view of taking immediate action, NATIVE LAND PURCHASES, Sir G. Grey moved—“ That there be laid before the House a return giving the names of all Europeans trom whom lands or claims to lands have been purchased, or to whom compensation has been paid, in respect oi claims to land, out of the £700,000 set aparl for the purchase of Native lands; such return to show the amount paid to each of such persons respectively, and the position and area of the blocks in respect of which such payments have been made.” The expenditure >f the last sums named in the return required a fuR explanation. Mr Rolleston remarked the power placed in the hands of the Ministry was pf a most

I serious character, dcmaivling that the House should not rise without considering the matter in every respect. He emphatically declared that the state of ' things to him was quite alarming. There were sums paid to individuals of which the House had little idea. He referred to the payment to Mr Buckland, instancing £207, £555, £SOO. These called for explanation. He did not mean to say the return was not susceptible of explanation, but he would suspend his judgment until that was given. Prima fade, it appeared that the member for Franklyn had come under the Disqualification Act. Whatever this legal aspect of the question might be, the members of the House were by these transactions placeed in a dangerous position. Another member of the House appeared largely interested in these transactions. Last session, a prominent, but silent member, Mr John Studholme, in making arrangements with the Government for recognising his rights to a block of 200,000 acres in Wellington province, had an uncomfortable feeling in his mind when he found such transactions going on during the session. Whatever might be the legal aspect of the case, he was quite satisfied it was foreign to the spirit of their institutions that such things could be going on. The sooner they came to an understanding in regard to these matters and members of the House, the better. He referred to the payment of £SIOO to Mr Bressenden, and the payment to other persons, for the extinguishment of the native claims. He wished the Native Minister would explain the exact position of these claims, and whether they were over lands to which the claimants had no legal claim. It seemed to him that the Government having taken power from the House by proclamation, to stand between any transaction not having the force of law, were not justified in expending public money in extinguishing claims having no legal basis. Mr Buckland explained that he had handed over to the Government 20,000 acres held by him, with twenty-one years’ lease, for £55, the actual payment he made to the natives, and 13,000 acres in fee simple, were purchased by him for the actual cost of the expenses of survey, and the expenses incurred in obtaining a clear title to the land; also 1000 acres in fee simple for 2s per acre, being a little more than his expenses. Members in the House would have jumped at the chance if the price had been three times more. He had done so because he desired to see the lands settled, having other holdings in the neighborhood. There was this other arrangement about one transaction. He was to get a reward as discoverer of gold if the goldfield was ever proclaimed a goldfield. Sir D. McLean defended the action of the Government, maintaining they had faithfully followed the instructions of the House. They had stepped in between a large company who were buying 300,000 acres between Cambridge and Taupo, to prevent difficulties with the natives. The understanding come to was that the Government should recognise the payment the company had made, and allow them the costs of all surveys passed by the Inspector of Surveys. The Government insisted on having vouchors for every item of expenditure allowed. The company wanted the Government to agree that Mr Bressenden, who had been one of the officers, should have a portion of the land ceded for himself. He (Sir D. McLean) said the Government must have all or none. Some members then asked that the Government should employ Mr Bressenden, and he (Sir D. McLean) accordingly employed him in land purchases. He wished members to understand that the Government were placed in this position—either they had to abandon the North Island to speculators, or to acquire the whole territory, spending money as best they could. He repeated they had faithfully carried out the House’s instructions, and made the best arrangement that they possibly could. Mr Thomson remarked that Sir D. McLean omitted to notice the question raised by the member for Avon. How far the member for Franklin was affected by the Disqualification Act, it was only fair to himself (the hon member) that a committee should be appointed to enquire into the matter. After a long speech from Sir G. Grey, the motion was agreed to. RAILWAY WHARVES, Mr Von der Heyde moved—“ That in the opinion of this House in the construction of wharves for railway purposes in the harbors of the colony one uniform principle should be adhered to, and the cost of all such works charged against the loans for railways ; but, if the funds from that source are not available, then arrangements should be made by which the foreshore endowments should be made liable for such cost in all cases without distinction.” Hon B. Richardson replied that the Government found that they must construct a wharf at Wellington in order to perfectly utilise the railway. If a harbor board had been appointed here it would have been undertaken by them. It was impossible to lay down any general principle as proposed. The matter had better be left where it is until it was seen what action Parliament took in reference to the Abolition Bill, under which the colony would have to provide for all wharves. Mr O'Rorke strongly urged the connection of the Onehunga wharf with the railway, in accordance with the general wish. Mr Von der Hyde withdrew the motion intending to bring it on again. WAIKATO LAND, Sir D. McLean moved that a select committee be appointed to inquire into the sale of the Piako Waikato swamp to Mr Thomas Russell and others. Five to be a quorum, and the report to be brought np in a fortnight, the committee to consist of the following members : —Messrs Bryce, Cuthbertson, Sir G. Grey, Major Jackson, Hunter, McAndrew, Ormond, Captain Kenny, and the mover. Hon E. W. Stafford desired to have his name withdrawn from the committee as he was on two important ones already. Sir D. McLean gave notice of his intention to add Mr Reeves instead of Mr Stafford. Sir G. Grey declined to serve on the committee, because it dealt with none of the suljectshe wished investigated. Mr Reeves considered the composition of the committee formed a fitting conclusion to the whole affair.

REGISTRAR-GENERAL OF LANDS REPORT. [By Telegraph.] The Registrar-General of Lands reports the revenue for the year, exclusive of the assurance fund, £11,727, and the expenditure about £B9OO. The receipts for the ensuing yew are estimated at £13,000, and the expen-

ditnre at £o'oo. The department has for the last two years been more than self-supporting. The returns appended show a large increase of business during the past year. With the view of instituting a comparison between the working of the land transfer system in New Zealand and in the Australian colonics, my piedecessor, by aid of Government, collected information, a summary of which is appended. The Australian returns are for the year ending December, 1873, as against those of New Zealand for the year ending 30th June, 1875. The comparison is nevertheless in point of time somewhat unfair to New Zealand on account of the longer period during which the system had been in operation in the other colonies, which more than compensated for the difference in the dates of the returns. Taking this into account, it will' be seen that, relatively to population, the business returns for this colony compare favorably with those of the other colonies, whilst for economy of administration the comparison is very favorable to New Zealand. The contrary might i have been expected, seeing that in each of ' the Australian colonies the business is conducted from one centre, whilst in New Zealand it is found necessary to maintain ten distinct registries. It is probable that this, although at first sight a disadvantage, has, by the facilities afforded, been conducive to the rapid extension of business, and thus more than compensated in revenue for the additional expenditure incurred. Notwithstanding some exceptional difficulties, chiefly in relation to native lands, (but which have now for the most part been i removed) the land transfer system has, I believe, here as elsewhere, answered all reasonable expectations, and may be justly i claimed as an important reform in the : practice of conveyancing. Those who ■ ignore the difference in point of responsi- ; bility between this and other systems of registration, occasionally take exception to I the strictness of the practice which it is i found necessary to enforce in matters of i survey and otherwise. When it is coa- • sidered that registration under the Land , Transfer Act involves absolute responsibility for title, it will be seen that a vigilant regard for accuracy is the only prin- ‘ ciple on which such a system can i be conducted. It is not claimed for the land transfer system that it renders i possible the abandonment of the ordinary i safeguards of business, or the evasion of the ! restrictions imposed by law on dealings : with real property. Its merit as a system 5 of conveyancing, consists mainly in this, • that it divests the subject of complications ■ and technicalities, and brings it within the range of ordinary business capacity. How effectually this is done is evidenced by the ; fact that a large and increasing proportion ■ of the dealings with land under The Land . Transfer Act, is conducted with perfect ■ facility by persons without any professional i knowledge or experience. Exclusive of i solicitors, there are upwards of fifty licensed J land brokers practising under the Act. i With regard to the cost of dealing with land, I the reduction of which is one great object of the land transfer system, it may be observed t that the office fees have been fixed on as a low scale ?s is consistent with the due mainr tenance of the department, being in some in- : stances lower than in the Australian colonies, i There is reason however to believe that the 1 attempt to regulate the business charges I under the Act has been only partially success- . ful. The Government is, I presume, fully informed as to the unreliable character of i the public surveys in many parts of the colony; much evil has been predicted to the ) land transfer system from this source, and it 1 cannot be denied that there exists serious i liability to complications of the nature sugs gestcd, though I think by no means to the ; extent anticipated. The tendency is practically towards the settlement of such , questions on the basis of occupation. In connection with the subject, I may observe the absence in this colony of the department corresponding to that of the Surveyor-General in the other colonies. It has always been felt a disadvantage by this department in dealing with questions of i survey, and in deciding on the qualifications of persons applying to be licensed as surveyors under the Act. Deeds Registry—The ! failing off in the receipts of this department which was anticipated in consequence of the introduction of the Land Transfer Act, has ! so far not been realised. The receipts for the year ending 30th June, 1876, were £15,840, being in excess of those for the preceding year, and the expenditure for the past year £BBOO. The receipts of the Deeds Registry Department for the ensuing year are estimated to be £16,000. Table D. victoria. Population of colony on the 31st of December, 1873, 790,492. Number of applications to bring land under the Act, 449. Number of transactions to bring the land under the Act, 449, Number of transfers, 7758. Number of mortgages, 2204. Receipts (exclusive of assurance fund). £18,380 2s lOd. Cost of maintenance, £14,216 13s 4d. Profit, £4163 9s 6d. Lose, nil. NEW SOUTH WALES. Population of the colony on the 31st of December, 1873, 560,275. Number of applications to bring land under the Act, 258. Number of transfers, 1283. Number of mortgages, 434. Receipts (exclusive of assurance fund), £3240 6s Bd. Cost of maintenance, £SOOO. Profits, nil. Loss, £1759 13s 4d. SOUTH AUSTRALIA. Population of colony, on 31st December. 1873, 198,075. Number of applications to bring land under the Act, 738. Number of transfers, 3014. Number of mortgages, 1667, Receipts (exclusive of assurance fund), £7253 19s. Cost of maintenance, £5930. (This sum includes the cost of a register of deeds from which no revenue is received.) Profit, £1323 19s, Loss, nil, QUEENSLAND. Population of colony on 31st December. 1873, 146,690. Number of applications to bring land under the Act, 213. Number of transfers, 2397. Number of mortgages, 363. Receipts (exclusive of assurance fund). £3367 Is Id. Cost of maintenance, £3432 13s, Profit, nil. Loss, £65 Ila 11.

TASMANIA. Population of the colony on 31st December, 1873,104,217. . Number of applications to bring land under the Act, 118. Number of transfers, 137. Number of mortgages, 117. Receipts (exclusive of assurance fund), £678 10s 6d, Cost of maintenance, £I3OO 3s lid. Profit, nil. Loss, £621 ISs sd. NEW ZEALAND. Population of colony, 31st December, 1874, 320,000. The population of New Zealand is estimated, approximately, on the basis of the census of 1874, and is exclusive of Maories. Number of applications to bring land under the Act, 1763. Number of transfers, 3488. Number of mortgages, 2012. Receipts (exclusive of Assurance Fund), £11,127 11s 9d. Cost of maintenance, £B9OO. Profit, £2827 11s 9d. Loss, nil.