GENERAL ASSEMBLY.

Globe, Volume XX, Issue 1452, 11 October 1878, Page 3

GENERAL ASSEMBLY.

By Special Wir» prom Press Agency. LEGISLATIVE COUNCIL. Thursday, October 10. The Council rejected tho Deceased Wife's Sister Bill by 18 to 9, and read the Harbor Bill a third time. Mr Johnson presented a petition from Hawke's Bay, which stated that tho Electoral Bill would virt lally disfranchise the European iuhabitants of that district. An extension of leave of absence of the Speaker for a fortnight was granted. The Timaru Telegraph and Post-office Site Bill was read a second time, and the Council then went into Committee on the Bill, which passed through without amendment. A new clause in the Municipal Corporations Bill, fixing the width of private streets at not less than forty feet, there was a long discussion. The clause was passed as printed. > Several new clauses were added on the motion of Colonel Whitmorc, and the Bill reported. EVENING SITTING. In the Legislative Council to-night, the Committee got to the end of the first part of the Electoral Bill, when a constitutional question was raised as to the privileges of the Maoris as British subjects, and their right under the Constitution Act, to be protected from exceptional legislation. Progress was reported, the Bill to be further considered on Monday. The Christchurch Racecourse Reserve.Campbelltown Incorporation, and Otago University Bills passed through committee. The New River Harbor Board Bill was read a second time. The Council then adjourned at 10.50. HOUSE OF REPRESENTATIVES. Thursday, October 10. land act amendment. In the House to-day the Land Act Amendment Bill was read a first time, and the second reading fixed for to morrow. DISQUALIFICATION ACT. The Disqualification Bill No. 2 was read a third time and passed. SELLING SOUTHLAND RESERVES. Mr Joyce asked the Minister of Lands if he will cause enquiry to be made as to the truth of the statement published by the " New Zealand Times," as to a telegram on October sth, to the effect that the Southland Waste Lands Board had, on the previous day, sold to Messrs Butterworth and Co. 5230 aeres of land, which had been marked or colored on the reference map as a reserve, and whether, if it should prove to be correct, he will order the stoppage of all land sales in that district until such investigation has been made as will place beyond doubt the validity or otherwise of all reserves marked or colored as such on the map 3 exhibited to intending purchasers at the Southland Land Office.

Mr Stout said he had made inquiries of the Chief Commissioner of Southland, who considered the land had been purchased at more than it was worth. It was mostly barren country, the centre of it being a large morass. The Government were adviser! to reserve certain portions along the river. He would inquire further, and communicate. Mr Joyce said the Attorney-General had not answered his question. Mr Stout said he could not give an opinion on the validity of the Bale, except so far as given by the Supreme Court in the case of Webster and other cases. Mr Joyce asked whether the AttorneyGeneral would make specific inquiries whether the lands sold were marked or colored when the land was sold. Mr Stout—Yes. If the hon. gentleman would see him privately, he would refer to the map and answer. LOCAL BILLS. The Oreti Bridge and Ferry Ecscrve Bill (Mr Joyce) was read a iirst time, and the second reading fixed for Thursday next. In the Otago and Southland Education Reserve Leasing Bill, clause 4, the words " in some newspaper circulating in the district" were added alter •'advertisement" in the second line, and in sub-section 2, after "lease," "for pastoral lands ten years, and for agricultural lands shall not exceed twenty-one years." In subsection 3 the upset annual price of agricultural lands was amended to 9d instead of Is. lyytelton waterworks. The Lyttelton Waterworks Transfer Bill was read a first time, and the second reading made an order of the day for Tuesday next. native law suits. On tho motion to go into Committee on the Native Law Suits Bill,' Mr Whitakeb said negotiations were proceeding which would probably result in an agreement being come to upon this Bill between all parties in the House, and ho therefore suggested that the committal be postponed. Mr Stout acquiesced, and the committal was postponed till to-morrow. proceedings in committee. The House went into committee on thefollowing Bills:—Repeals, Friendly Societies Act Amendment, Public RoßCrvea Sale, Dangerous Goods Act Amendment, and Otigo and Southland Education Reserves Leasing. Mr Hamlin, in consequence of the illness of Mr O'Rorkc, was in the chair. The Repeals Bill was amended by the insertion in the schedule of the Acts and parts of Acts intended to be repealed by the Shipping and Seamen's Act, 1877, not yet assented to by her Majesty. Mr Stout said some societies were in tlio habit of taking the expense of banquets, &c, as loans out of tho sick fund, which was never repaid. Therefore, it was necessary to keep the expenses of the management and tho sick and benefit funds separately. He believed if it was not for the number of honorary members many societies would become insolvent. The following new clause was read a second time on the motion of Mr Stout—" No rule or amendment of a rale of a society or branch shall be disentitled to registry by _ reason of its expressing or implying any subordination to the central body of the same Order outside New Zealand, or by reason of its containing any reference to one or more of the general laws of the said Order, provided that such general laws shall be or have been forwarded to the registrar by such society or branch. If provision is made in such general laws for any of the matters specified ' in schedule 2 of the said Act, the said society shall be deemed to have sufficiently complied with subsection 12 of the said Act, if reference be made in the rules of society to the general law or laws making such provision, provided that nothing herein contained shall have the effect of giving force to any general law that is contrary to the express provisions of this or the said Act."^ In the Dangerous Goods Act, clause 8 was struck out and the following inserted : —" For the purpose of ascertaining and testing whether any oil is petroleum within the meaning of the said Act, and this Act, any Inspector of Weights and Measure, or any person authorised by local authority, a:, in the last foregoing sections mentioned,' and any officer of police is hereby authorised to enter upon any premises, or upon any description of vesßel at any reasonable hour in the day time, in which any kind of inflammable

oil is kept cither in bulk or in retail quantities, and ni'iy procure samples thereof, either by purchasing the same or by rrquiring the vendor thereof or person in charge of the aforesaid premises or vessel, to allow him to inspect all or any of the receptacles in which any inflammable oil in the possession of the vendor is stored, and the place of ttoracre thereof, end give him samples of such on payment or tender of the value of such sample. Clause 9 was amended by the insertion of "or vessel " after " premises " in line two, the substitution in line live, and " inflammable oil " for " i ctrolcum " in the same line. In" Committee on the Public Reserves Rale Bill, wh eh provides for the sale of railway reserves in Canterbury, Otngo, and Westpoit, Mr lrtout said the Government recognised the importance of reserving part of the purchase money for land, and a clause would be inserted with that object. The discussion was interrupted by the dinner hour. EVENING SITTING. At half-past seven the Public Reserves Sale Bill was further considered in committee, and the House then resumed. BILLS PASSED. The following Bills was passed:— Repeals Bill, Friendly Societies, Otago and Southland Education Reserves Leasing Bills, Public Reserves Sale Bi", Dangerous Goods Act Amendment Bill, Disqualification Bill, No. 2. „.- „, LITERARY INSTITUTIONS. On the motion of the Colonial Trkasuer that the House go into committee on the Literary Institutions and Public Libraries Bill, Mr Bowen said the Bill was unnecessary and oppressive, and ho moved that it be committed that day six months. Mr. Ballance said the objections raised by Mr Bowen could bo dealt with in committee.

Dr Hodgkinson coincided with Mr Bowen that the Bill had better be postponed until next session. It emanated from Colonol Whitmore, who had already framed too many measures of a centralising character. He (Dr Hodgkinson) condemned the tendency of the Bill to encourage a spirit of mendicancy in districts instead of fostering a spirit of independence. Major Atkinson suggested the withdrawal of the Bill to-night in order to enable the Government to consider whether this was not one of the measures which might stand over until next session. Then the Government could pass their other important measures, and finish the session in ten days. Sir R. Douglas moved the adjournment of the debate.

Mr Ballance hoped the debate would not be postponed, as it was necessary to constitute distributing bodies in order to provide for the expenditure of money voted. Major Atkinson said if the Government accepted the suggestions of the Opposition in that spirit, then the session would continue till Christmas. The Opposition would introduce Bills. Too many foolish Bills wore on the paper already. Mr Stout said there was ample time this session to pass this Bill, which was promised at the beginning of the session. Mr Bowen declared the Bill unpopular in country districts. The question was put that the debate be adjourned, and the House divided, the result being—Ayes, 20 ; Noes, 28. Ayes. Major Atkinson Dr. Hodgkinson Messrs Baigent Messrs Hursthousc Bastings McLean Beetham McMinn Bowen (teller) Moss Brandon Murray Aynsley Brown, J. C. Ormond Curtis Richardson Cuttcn Rowe Sir R. Douglas (teller) Seaton Messrs Gibbs Stevens Green Thomson Henry Woolcock. Noes. Messrs Ballance Messrs Montgomery Brown, J. E. Nahe (teller) Pykc Bunny Roes DeLautour Reeves Dignan Saunders Feldwick Sharp Fisher Sheehan_ George (teller) Shrimski Sir G. Grey Stout Messrs Hamlin Swanson Hislop Takamoana Hobbs Turnbull Joyce Wood Macandrew Mr Gibbs urged the postponement of the Bill. Mr Thomson condemned the Bill as centralists. Mr Bastings said the Bill would be unjust to districts which wero thrown on their own resources, while others were richly endowed. Mr Stout urged the passing of the Bill, as being a consolidating measure. It would prevent a flood of local Bills. Existing endowments were not interfered with, and endowed districts would be considered as cases arose, on their individual merits. Instead of being a centralising Bill, it was decentralising, relegating the control to Education Boards. Mr Pyke supported the Bill. His district approved of it. Mr Wakefield thought distinctions would be necessary between town and country libraries. In out-diitricts the machinery of the Bill would be too cumbrous. Ho advised the withdrawal of the Bill with a view to a further consideration during tho recess. Messrs Kelly and Murray-Aynsley supported the withdrawal of the Bill. The latter advocated the control of literary institutions being relegated to a committee. Mr Hobbs supported the Bill. Mr Gjsborne raised a question of privilege —whether the Council was justified in repealing in clause 1 a former Act containing provisions under which the House made appropriations. The Premier moved that it was undesirable to proceed further with the Bill until the Speaker had given a ruling on the important question of privilege raised by the member for Totara. Mr Bowen withdrew his amendment, and the Premier's amendment was agreed to on the voices. Tho Premier moved the adjournment of the debate till Monday, which was agreed to. public revenues bill. The Hon so went into committee on tho Public Revenues Bill. On clause 45, expenditure in excess of, or without appropriation, not to exceed .£IOO,OOO in any one financial year. Mr Montgomery held that this power of incurring excessive expenditure prevented the session opening until July, whereas it was desirable that Parliament should meet earlier. He contended that the words " in one financial year " would enable the Government to spend .£200,000, namely, .£IOO,OOO before the close of the financial year, and a second after. TlicTeeasurkr paid the second .£IOO,OOO was really anticipating a vote of the House in the following session. The present period of commencing the session was necessary, in order to enabk tho last quarter's financial returns to be in possession of tho Government. Messrs Bowen and Atkinson thought the financial year should be altered, so as to close earlier. The clause passed without amendment. Mr Stevens moved that clause 50, "If the andit ollice objects Governor in Council to decide," bo expunged. The amendment was negatived, and the Bill seportcd. joint stock companies act. When the House resumed after the ten o'clock adjournment, in Committee on tho Joint Stock Companies Act, 1800, Amendment Bill, on clause two, an association may be formed under the Joint Stock Companies Act, 1800, without the addition of " limited." Mr Pyke, in answering a speech, said a hawker might come into his district, who called himself a colporteur, and cheated the revenue out of the hawker's license. He said a society being formed for promoting commerce, art, science, religion, charity, or any other useful object, would include anything, even gold mining. He moved that tho chairman leave the chair. Ho divided the House on the amendment, when the ayes were 25, and the noes 10. The Bill was therefore shelved. debtors and creditors bill. The House went into committee on the Debtors and Creditors Act Amendment Bill. New clauses were added giving power to tho Court to remove a debtor's estate from the trustee, and appoint another trustee, the term "trustee" to include any trustee or inspector of a deed of arrangement. Clause 5 is as follows :—" No debtor or other person who is summoned or examined by the Court, or by the trustee under any of the powers given by the said Act, sh ill be excused from answering any question,on the ground that tho answer may criminate or tend to criminate such debtor or person. No statement made by any debtor or person in answer to any question put by or before such court, or trustee. shall in civil proceedings be admissible to evidence against such person, except that in civil proceedings against the debtor or other persons examined as aforesaid, such statement shall lie admissible. 6. Secured creditor to state previously to being allowed to vote unless he has realised his security

the particulars of his scciu.'ty in his proof and the value at which he assesses the same, and only to be creditor to the extent of any balance due. Secured creditor to pay to trustee the amount any security may produce beyond the assessed value, and the trustee may redeem same upon payment of assessed value prior to realisation of _ security. Any matter except public examination of debtor may be heard and determined in Chambers on summons, but the Judge may refer the hearing to an open Court. Section 24 of the original Act was amended as follows :—" The debtor shall within twentyfour hours after the Registrar has appointed the time and place for holding the first meeting of creditors, send notice to each of his creditorsof the time and place so appointed. The notice shall either be delivered personally to the creditors or his agent, or sent by post addressed to such creditor or agent at his or their residence, so far as the same is known to the debtor. The debtor shall, before such first meeting is held, file in the Court an affidavit that he has complied with this provision. In clause 62, line seven, the words " in such manner and such proportion as the Court or Judge may determine" were struck out. In clause 63, an amendment was inserted making the expenses of witnesses payable who arc called on behalf of the unsuccessful party, the Register of the Supreme Court to tax costs. A new clause was added making it lawful for the attorney or solicitor to agree with his client for a lump sum for services.

SECOND HEADING. The Public Reserves Act Amendment Bill was read a second time. On the second reading of the Local Judicature Bill, Mr Stout expressed regret that the Bill could not be passed this session, and moved that it be discharged from the order paper. BILLS DISCHARGED. The Executive Council and Licensing Bills were discharged from the order paper. PRIVILEGE. The Speaker ruled with reference to the question raised earlier in the evening, whether the Council had invaded the privileges of the House by repealing former Libraries Bill, on which the House made an annual appropriation, that from sections 8 to 16 and 42, the Bill should have originated iu the House. QUESTIONS. Mr Wakefield asked if the Government intend to bring down a Licensing Bill next session, and will circulate the Bill before next meeting of Parliament. Mr Stout, in reply, said the Government would introduce a Licensing Bill next session, but the circulation would depend upon circumstances. Misstatements had been made in the Press that he had drafted a Bill which his colleagues had disapproved of, whereas he had never drafted any Bill. In ivply to Mr Swanson, Mr Stout said the Government intended to proceed with the Bill dealing with the Sale of Alcoholic Liquors in Native Districts. MISCELLANEOUS. The Committee of Ways and Means and Cemeteries Management Amendment Bills was postponed till to-morrow. In moving the postponement of the committal of the Bribery Bill till Friday, Mr Stout said the Government would not deal with the measure until they saw what would be done in respect to it in the other branch of the Legislature. The Native Lands Bill second reading was postponed to to-morrow. Major Atkinson desired to be informed whether the Government intended to proceed with this Bill. Mr fciTOUT replied that that was a question for the Legislature to answer. The Special Powers and Contracts Bill was read a second time. In moving the second reading of the Juries Act Amendment Bill, Mr Stout said in order to avoid summoning a large number and subjecting them to personal inconveuience, the number would be limited to forty-eight. In small cases the jury would be limited to four, but mast be unanimous in their verdict. By the present exemption of special jurors from serving as common jurors, all the best intellects were taken from the common juries. He hoped the Government would see their way to remedy this, or abolish the Grand Jury system. Major Atkinson urged the Government to introduce provisions rendering special jurors liable to serve on common juries. Mr Stout promised to consider the suggestion. The Bill was read a second time. Mr Stout, in moving the second reading of the District Railway Act Amendment Bill, said the companies complained that they could not borrow money unless the forms of debentures were set out in the Act, as in the present Bill, which also proposed to give special borrowing powers, and power to buy railway lines. The second reading was agreed to. In moving the second reading of the University of Otago Amendment Bill, Mr Stout denied that he had been influenced by the clerical party, and said the Bill did not go so far as the Presbyterian Church desired. At 11.55 Mr McLean moved the adjournment of the debate.

On division the Ayes were three and the Noes twenty. The motion was therefore negatived. The University of Otago Amendment Bill was read a second time. The House adjourned at L o'clock. PARLIAMENTARY ITEMS. [By Telegraph."! [jBOM 'IHE CORRESPONDENT OF THE PRESS.] THE MOMAHAKA MURDER. Mr Sheehan received a telegram this morning stating that Hiroki had reached Parihaka. The latest news up to 5.30 was, that the Native Minister had telegraphed to the Native Assessor to proceed from Geo to Opunaki. Mr Williams is at Opunaki. Mr Sheehan will hold a telegraphic conference with him and the Native Assessor as to whether it is desirable to send a body of men to Tc Whiti to make a formal demand for the surrender of Hiroki. CHRISTCHURCH CITY RESERVES. The Borough of Christchiuch Keserves Bill, introduced by Mr Stout in the House to-day, was read a first time. It proposes to vest land in the market reserves and some other small reserves in the Christchurch City Council. LYTTKLTON WATERWORKS. In the House to-day, Mr Murray-Aynsley introduced a Lyttelton Waterworks Bill. It contains only two or three clauses, and proposes to transfer the land at Heatheote Valley, in which the waterworks are situated, to the Lyttelton Borough Council. EDUCATION ACT AMENDMENT. Mr Curtis to-day headed a deputation to the Minister of Education, with the view of ui'ging the atter to assist as far as might be possible in carrying through the Education Bill Amendment of the member for Nelson. Mr Ballance promised that the Government would set apart one day next week for the consideration of the Bill. POLICE PAY. The report of the committee on the pay of the police has given considerable satisfaction, duo in a very great measure to the excellent tactics of certain of the members. Messrs Viuccnt Pyke, Stevens, Montgomery, and Barff worked hard in opposition to the Government for including in the report a recommendation for increase of pay, and the result is due to them. CHIUSTCHURCH BOYS' HIGH SCHOOL BILL. This Bill, introduced by Mr Montgomery, is an Act to provide for the establishment and maintenance of the Christchurch Boys' High School. 1. The short title of this Act shall be the Christchurch Boys' High School Act, 1878. 2. The Board of Governors of the Canterbury College, established under an Ordinance of the last Provincial Council of Canterbury, session 39, No. 1, shortly intituled the Canterbury College Ordinance, 1573, shall have power with respect to all lands vested in them by this Act to manage and deal with the same, and the rents and profits derived from such lands, as they may see fit lor the establishment and maintenance of a Boys' High School in or near the city of Christchurch, as effectually as the said Board c-.li deal with all lands vested in the Board by the provisions of the Canterbury College Ordinance, 1873, aforesaid, and the Canterbury Educational Reserves Sale and Leasing Act, 187(5. 3. The Boird of Governors aforesaid shall have the same powers of appointment of teachers, officers, and servants, and other persons for the carrying on of the said school, and shall have the same powers, rights, and duties with lespect to the said school and its establishment, management, maintenance, and control, as by virtue of the said Ordinance they have with, respect to the College established by the said Ordinal) cc. -1. It shall be lawful for the commissioners appointed under the Education Reserves Act, 1877, or if they shall refuse or neglect to act, then for two commissioners appointed for that purpose by the Governor, to select out of thereserves for secondary education in the province of Canterbury, such reserves as will give an ammaj income at present of .£IOOO, and on the p/dclamation of Ihe Governor, that such reserves have be on selected and sot apart ffiv the said school tl o said reserves shaU absolutely vest in the Board of Governor.-, aforesaid in trust, for the establiihuient and maiuteumiee of the said school,