HOUSE OF REPRESENTATIVES.

Hawke's Bay Times, Volume I, Issue 11, 12 September 1861, Page 5 (Supplement)

HOUSE OF REPRESENTATIVES.

Monday, July 29th. Tile minutes of last meeting having been read, Mr. Stafford rose to ask the Government whether His Excellency the Governor had received any information by the late mail, concerning the New Zealand Bill now before the British Parliament, whether he had received copies of the evidence given by the Duke of Newcastle on the Military Expenditure in New Zealand; and whether he had received any information with regard to the New Zealand Loan of £150,000. Mr. Fox : As regarded the measure before the British Parliament and the other matters mentioned by the hon. member, he begged to say that the Governor had not received any information—and they were not aware in the least what the bill was. He had however to inform the hon. member that most important despatches had arrived, and they would be communicated to the House today (hear, hear, and cheers). Before the Attorney-General had well resumed his seat, a MESSAGE FROM HIS EXCELLENCY, was announced, and Captain Stewart, the Governor’s Private Secretary, was introduced, and handed two messages to the Speaker. Message No. 11 contained a little bill tr proI vide for the repayment of certain monies to the Provinces, retained from them by arrangements made in 1851—and the Governor’s recommendation that provision should he made by the House authorising the payment of the same by the Colonial Treasurer. On motion of Dr. Featheuston, Bill read a first time, ordered to he printed, and to be read a second time on Wednesday next. message no. 12, Covering a despatch dated 25th May, 1851, and received by,His Excellency the Governor on Saturday, July 27tli, from his Grace the Duke of Newcastle. 1 he Speaker read this despatch—the House observing a solemn silence and attention. It conveyed information that Sir George Grey, Governor of the Cape of Good Hope, had been appointed to succeed Governor Gore Browne as Governor of this Colony. The announcement was received with cheers and other marks of approbation from several parts of the House. This must have been one of the important despatches alluded to by the Attorney-General, when replying to the queries of Mr. Stafford. Judging from the change of countenance, on its being read, of some hon. members, the “news” must have made a “striking impression.” Mr. Fox moved that the despatch just received, No. 12, be printed. Mr. Stafford thought it was very desirable that every hon. member should have an opportunity of seeing in print the important despatch which had been transmitted for their information, as it must have taken them by surprise. lie might say that lie had received information a month ago—that Sir George Grey had offered his services for that purpose to the Imperial Government, and that the Imperial Government were considering his proposal. He was also aware of the plan which Sir (ioovgc Grey proposed for tho settlement of the New Zealand question. Those who admired Sir George Grey would now have an opportunity of assisting him, and of continuing their admiration. Those who on the contrary were not satisfied with the system of Sir George Grey would not possibly be expected altogether— Mr. Fox rose to a point of order, and said that he intended to move an adjornment till to-morrow, he thought that much the better course, after his motion for printing. Mr. Stafford quite recognized tee step the hon. member (Mr. Fox) proposed to take, and had he given notice of his intention to pursue this course, he (Ur. S.) would have had uo objection whatever to it. Mr. Ward rose and observed that he thought from that hour it would be understood by the representatives of the Middle 1 eland, that they would use their utmost influence to effect a separation—[hear, hear]. Motion for printing the despatch, put and agreed to. Tuesday, July 30,1861. The House met at 12 o'clock. Mr. Golf ns ) having arrived from Napier, was presented to the Speaker by Messrs Ormond and Bell, subscribed to the oath, and took his seat. NATIVE TRIBUNALS. Mr. George Graham asked the- hon. Colonial Secretary, whether it is the intention of the Government lo bring in any hill for tho establishment of Colonial Tribunals for the settlement of Native disputes. Dr. Featherston : The subject had been under the consideration of the H ome Government. They had received information by the last mail that certain instructions had been issued to Sir George Grey on the question of Native Tribunals, and under these circumstances, the Colonial Government did not deem it expedient to take any further action in the matter at present. CHINESE AND THE GOLD FIELDS. Mr. McGlashan asked the Government if they are srepared to take any measures with the view of preventing Chinese immigration to the Otago Gold Dr. Featherston had not seen tho question till he saw it a short time since on the notice paper. He was not prepared now to say whether the Government would or would not take such measures, without a further consideration. NEW PROVINCES ACT. ' The hon. Mr. Fox moved for leave to bring in a bill to repeal certain sections of the New Provinces Act, 1858. The hon. member observed, that from information which they had received from Mr. Morrison, the Government Agent in England, the bill before the British Parliament was something concerning the ew Provinces Act in New Zealand. It would be remembered that Mr. Sewell, himself (Mr. Fox), and other legal gentlemen of the House, got up a cas) on this matter, which was sent to the Law Officers of the Queen for their decision upon it. It may have proved that the objections raised were thought to have something in them in reference to the New Provinces Act. Until they received more information, his object by the present bill was to render the Act of 1858

iinoperative to the future. The reason of this was 'obvious, as tho Act of 1858 forced the Government ito comply—they had no choice; if three fifths presented a petition for the erection of a New Province, they must accede to the request. He, therefore, proposed going on with this bill, with the view of repealing certain sections of the New Provinces Act, 1858. Leave granted. Bill read a first time, ordered to be printed and to be read a second time on Thursday next. REMISSION OF FINES BY SUPERINTENDENTS. Mr. Crachoft Wilson, C. 8., moved for copies of all correspondence between the General Government and Superintendents of Provinces, from the Ist. June, 1856, to the 30th June 1861, relative to the remission of fines and penalties by Superintendents. —Agreed to. NEW ZEALAND COMPANY’S LAND CLAIMANTS. Mr. Fitzherbert moved for leave to bring in a bill to amend the New Zealand Compan ’s Land Claimants’ Ordinance, session XI., No. 15. Agreed to. Bill read a first time, ordered to be printed, and to be read a second time on Friday next. LAND CLAIMS Mr. Carleton moved for leave to bring in a bill to make further provision for the settlement of Land Claims. Agreed to. Bill read a first time, ordered to he -printed, and to be read a second time on Thursday next. CONTRACTS. Mr. Carleton moved that a return of all Contracts entered into by the Governor since the passing of the “Waste Lands Act, 1858”, and fulfilled under the 11th section of that Act, he laid on the table. Mr C. W. Richmond seconded the motion. He referred to a certain clause in the Waste Lands Act under which a number of Land Claims had been dealt with. He wished the return to specify what Grants had been given and what had been returned. Ho had information that officers in a ministerial capacity had taken upon them to detain these Grants. He had been informed that Superintendent of Wellington was detaining a Grant which had been issued under this same clause. Mr. O’Neill reminded the late Colonial Treasurer of certain Crown Grants which had been issued to the citizens of Auckland in trust for the citizens and their heirs, for their benefit and that though other Grants had been subsequently issued, these old Crown Grants were still in safe keeping, and could be brought at any time. —Agreed to. JURY ORDINANCE AMENDMENT BILL. Mr. Fox, on moving the second reading of this bill, said its object was simple. The old Jury Ordinance prescribed that the Jury List should be printed in the districts where made up, which had been found very expensive, and of very little use. Every useful purpose would be served by posting a copy on the door of the Court-house where made up. Bill read a second time, and ordered to be committed presently. resident magistrates’ extension of jurisdiction act revival bill. '

Mr. Fox, on moving the second readir.e of this bill, said it had become necessary in consequence of the expressed sense of the House last session that District Courts should be abolished, and it had been suggested by the late Colonial Secretary that no more was necessary than to refuse to appropriate existing salaries, and revive the Resident Magistrates’ Jurisdiction Act of 1856, which had been repealed by the District Courts’ Act, 1858. The object of the present bill was simply to secure such revival. He admitted that the Act did not provide fully for the administration within the limits of the jurisdiction which it set up, but it had been found to work well in the Southern Provinces while in operation and there was not time to provide for any possible inconvcnince that might arise from this one. During the recess, however, the Government would frame an Act to provide for every possible requirement of the case. lie proposed to have the present bill committed on Thursday, when he would be ready to admit any amendments that might be proposed. Mr. Richmond said he should certainly oppose this bill, for it was one to which he had strong and fundamental objections, and he was sorry it should be debated in so thin a House. He had listened to what fell from the Attorney-General with attention, hoping he would have explained why he proposed to supersede the District Courts Act, 1858, an Act which made complete provision for all the 'matters which the Resident.Magistrates’ Jurisdiction Extension Act provide for in a very unsatisfactory manner. The latter Act was passed in a hurried manner at the close of the stormy session of 1856, but the District Courts Act of 1858, was an elaborate and carefully considered bill, which had been acted upon with great satisfaction in all parts of the colony, [No, no] and had received the most careful attention of the Chief Justice of the Supreme Court, who had framed a code of rules on which Justices were to act under it. 'J lie Act of 1858 did not simply provide for a District Court Judge with full powers of civil and criminal jurisdiction in cases above £2O, and under £IOO. Ry this a civil jurisdiction could be conferred on Resident Magistrates, as was proposed to be done by the Resident Magistrates’ Jurisdiction Extension Act. It was the duty of the Attorney-Gene-ral to have shownin whatmannerthis comparatively perfect Actdid not provide for the wants of the country. _ As to the objections of the lion, member for Waimea to this Act, particular circumstances might have jaundiced his views as to its working; much, no doubt, depended on the Judge carrying the Act, as regards the satisfaction conferred on litigants or the public. He would adduce, as authorities, lawyers who had had great experience of the working of the Act of 1856, and they would declare that it was an imperfect and unworkable measure, by no means so good as the Act of 1856. Among other objections to it there was a grave doubt whether an Act passed in the same session (No. 20), was overruled by this Act, or whether it was to bo read concurrently with it, also a doubt whether power of appeal was given by it; in fact it was full of flaws and blunders. The only reason the lion, member could have for reversing it was, that it was passed with the intention of plae-

ing 'Resident Magistrates under the control of the Superintendents of Provinces, their pay being placed on the Provincial Estimates—a principle which the House had altogether reprobated, and to which recent circumstances had tended to confirm his objections. Hon. members opposite were fond of talking of our liberties of Habeus Corpus, Magna Charts, &c., but the great cornerstone of our liberties was the separation of Executive from Judicial functions, which was compromised by placing Resident Magistrates in any way under the control of Superintendents. This was no doubt the strongest recommendation of the bill in the bon mover’s eyes, but would prove condemnatory of the bill. Some strong Provincialists would, he [Mr. R.] was sure, vote for him on this bill. The hon. member for Auckland West, (Mr. Williamson,) had always consistently advocated the complete freedom of the Resident Magistrate from the control of local authorities, and he [Mr. R.] was sure would not forward this plan, which was positively retrograding. Many might have strong Provincial views as to control of land fund, the separate interests of every Province in its own land and its right to make its own laws, but very many of these same men felt as strongly as he did the necessity of preserving the Judicial authorities in the Provinces from control or suspicion of control by the local Governments, and lie asked those lion, members, on the present occasion, to give him their votes and influence with the Government of the day topreventfurtherpersistancein this ill-advised measure. Mr. Saunders objected to the District Court Act, 1858, on the ground of its great expense. The question was, whether they should have an efficient Court of £l6O, or £IOOO, that being about the difference between the two plans. This was a question which the last speaker had not looked at. It might be the case that he [Mr. S.] was prejudiced by the way in which the Act had been carried out at Nelson, but it had not worked satisfactorily in any other place. Since it was passed, they bad not been in Nelson in a position to recover a debt above £2O, till within the last six months ; and if the lion member for New Plymouth wished to do justice to the Provinces, he must adopt some system different to that. Mr. J. C. Richmond remarked that there were parts of the country, as Hawke’s Ray and New Plymouth, where it would be extremely undesirable ‘ that existing Courts should be done away. He trusted the hon. member at the head of the Government would allow tho House a little more time to consider the measure, and proposed that the debate should be adjourned till to-morrow. Mr. Fox was not prepared to accept the proposition, but would not take the bill through committee to-day. Mr. Domett opposed the bill. He would like to see the District Courts Act, 1858, left in operation with powers (if not already possessed by the Act) for the Government to appoint Resident Magistrates to be Judges. Mr. Coi.enso strongly opposed the bill especially if it was intended as preliminary to doing away with the District Courts, which had been very valuable at Hawke’s Dav. Mr. Carter said the House had been unanimous last session that the colony did not require such an expensive system which cost about £7OOO or £BOOO a year. It only did what ought to bo done by the Supreme Court and the Resident Magistrates’ combined. He should vote for the bill before the House, on the grounds that it would lessen the expenses of the colony, simplify the administration of justice, and do away with a costly system of patronage. Mr. Curtis supported the Act of 1838, but thought that the regulations made by the Judges had made it complicated. It had worked exceedingly well, and he was not aware that the decisions of the Judges had been complained of. Hit was desirable to extend the Resident Magistrates’ jurisdiction, that could be done much better by the Act of 1858 than by that of 1856. Mr Ren all put it to the House as a question, whether the duties of the District Courts could not ■be efficiently performed by the Resident Magistrates’ Court, and all the expense be saved to the country The Act of 1856 had worked well in Wellington. By it witnesses and suitors might often be saved a distance of 50 miles, which they would have to travel to the District Courts. He would suggest that power should bo given to try criminal cases to a certain extent, and that the Justices of the Peace in the different districts should be required to attend in routine to assist the Resident Magistrate. The hon. member [Mr. R.] also referred to other objections to the District Courts Act and said that unless any member could show him that the Resident Magistrates’ Jurisdiction Extension Act had worked badly, be should support the second reading of this bill. Mr. McGlashan said the District Courts had answered well in Otago, though, no doubt it was an expensive Court. It had been understood last session that the Dictrict Courts should be abolished, and Otago have a Judge of the Supreme Court to itself; and he lately received a letter from Mr. Gillies, stating the inconvenience in which Otago was at present placed for want of such a judge. Ho objected to the bill before the House because the criminal jurisdiction was not extensive enough, but if the Government was prepared to give Otago a judge, he would vote with them, and he would be very glad to see his hon. friend the late Colonial Treasurer that same judge. Mr. Russell said he had not been in the House when the Attorney-General moved the second reading of this bill, nor during the remarks of the member for New Plymouth. He had some knowledge of the working of the Resident Magistrates’ Jurisdiction Extension Act, and he could say that if they had not had a good Judge they would have been in difficult circumstances, for the Act was so loosely drawn, and the powers given so enormous, that it was found impossible to work it till a set of rules were made. H e would much rather have the District Courts Act than the indefinite thing proposed by, the Attorney General, which was leT to the conscience of the Magistrate how to work it. it had been objected that the District Courts Act was expensive to suitors, but in Auckland they had found it a cheap and expeditions mode of recovering money, and in Otago also, they had been told, it had worked well. Ho would infinitely prefer that the Resident Magistrate should be appointed District Judge under that Act to revert-

ing to the old state of things, and should, therefore oppose the present bill. The Speaker then called upon Mr. Fox to roPiy*

Mr. Fox said it was for the reason that seven;eighths of the members were in the same position ■as the member who had last spoken that he had ■cut his opening remarks so short. The reason why he had introduced the present measure was simply this—that the House last session, by a solemn resolution, after long notice, had affirmed that the abolition of District Courts was expedient, and .some such legislation as the present bill necessary, One hon. member had said that nearly all the lawyers thought the District Courts Act was a good Act, but when that resolution was passed them ."’ere at lerst four or five lawyers in it, amongst . whom was Mr. Sewell, whom he regretted not- to' see in the House now [laughter], and who concurred cordially in that resolution, which was to jthe following eifect:—“That the administration of justice may be efficiently provided for, without the 'establishment of District Courts, as at present ■ constituted ; That while those Courts involve very considerable expenditure, they provide to a very 'limited extent only the objects to bo aimed at by • the establishment of local Jurisdictions. That the machinery of the Supreme Court (with such additional Judges as may be considered necessary) .of Sessions of the Peace, of Resident Magistrates (and the ordinary Justices of (lie Peace, are capable of efficiently disposing of all the judicial business of the colony, civil and criminal, if the functions of the Courts be properly directed, and their Jurisdictions so arranged as to meet every class of judicial procedure. That the Government should 'make the necessary regulations, or, if necessary, prepare legislative measures to be laid before the 1 General Assembly in the ensuing session thereof.” . Finding that the late Government had made no provision for this, it became necessary to consider what must be done to supply that deficiency, and with the prospect of a short session, there was nothing for it but to revive that Act, which from 1856 to 1858 was on the Statute Book, and which, in the Southern Provinces had been found to work so exceedingly well, so well that the Judges under it were cordially recommended in the Southern Provinces for re-appointment under the District Courts Act. He was aware that the Act in its present shape, provided in but an imperfect manner for the entire administration of justice by the Resident Magistrates' Court, within the Jurisdiction , established by this Act, which was only proposed as a temporary one, but it was one that had given great satisfaction everywhere in Auckland. [Mr. R.cmmond ; The Wellington Chamber of Commerce ?] The Wellington Chamber of Commerce did not represent the Trovince of Wellington, but they had no doubt sent that memorial in apprehension that the District Courts were going to bo abolished and nothing put in their plaee. With regal'd to Hawke’s Bay, the hon. member, (Mr. Colenao), if aware of what would be the result of passing this proposed Act, would be satisfied that it would be more beneficial to his Province than two visits a-year from a judge not resident in the district. J ustioe would be at his very door, admin- ■ is'ored bj a Resident Magistrate of equal abilities, with the. District Court Judge laid aside. The I dobnt of the hon. member for New Plymouth as i ‘ ° whether another Act cf the same session could’ or could not be received concurrently with this Act had never caused any difficulty in practice, and, he trusted, would not, in the six or twelve months during which the Act would remain. He would not force on this bill at present, for he perceived that the amended print of the bill was not yet in members’ hands. If the hon. member for New Plymouth had seen that print, it would have removed the only objection raised in his speech, viz., that the appointment of loeal judges was left to the Superintendents. The Resident Magistrates’ Jurisdictiou Extension Act made no such provision The Magistrates under it were appointed by the Governor himself, and the only power the local authorities had, was that the proclamation of the districts was to be made at the suggestion of the Superintendent; but that power was worth nothing, and was left out of the amended print. There was, therefore, no ground for saying that he [Mr. Fox] was desirous of subordinating the Resident Magistrates to the local authorities. A» other amendments had been suggested he would not press the second reading now, but would move the adjournment of the debate till Friday. The Speaker said tho hon. member could not himself move the adjournment of the debate. Mr. Richmond explained that he had not questioned the propriety of extending the jurisdiction of Resident Magistrates,, but whether it could be best extended under the Act of 1836 or 1858. It was called to the attention of tho Speaker that the hon. member (Mr. Fox) had replied, and, therefore, the debate could not be adjourned. The Speaker ruled that he took the hon. member as having risen to say that he would not proceed with the bill to-day. It was, therefore, competent for any other hon. member to move the adjournment of the debate, but not for Mr. Fox himself to do so. Mr. Brandon moved that the debate bo adjourned till Friday. Mr. Grab Air and Mr. Carleton supported tho adjournment. Mr. Richmond said the amendments mentioned by tho Attorney-General removed his suspicion that the bill was intended to subordinate the Resident Magistrates to the Superintendents, but objection still remained, that the bill of 1858 made perfect provision for what the bill of 1856 made incomplete provision. If there was a general feeling on the part of the House that they required more time to consider the question ho would not oppose the adjournment. iur. XJisLL supported the adjournment. ‘Debate adjourned till Friday next. THE DEBTORS’ AND CREDITORS’ COMPOSITION BILL. The report of the committee of the whole on this bill was adopted, and the bill was read a third time, passed, and ordered to bo taken to the Legislative Council to pray their concurrence therein. PRETENTION OF IMPORTATION OF DISEASED CATTLE BILL. TheHousowent into committee on thisbill which was ordered to be further considered in committee to-morrow.

[ The Speaker then left the chair and resumed it pt 7 o’clock. 'RESOLUTIONS TO BE REPORTED FROM COMMITTEE OF SUPPLY. 1 - The Chairman reported the following resolu- 1 tions from Committee of Supply : 1 1. That this committee deem it desirable that a ' steam service should be maintained between Auckland and Sydney direct, provided that the total ' charge to the colony in respect thereof does not exceed £3,000. -2. That this committee strongly recommend that the steam company be requested to provide as soon as possible, for the various services subsidized by the colony, steamers being better fitted for the passenger traffic than those at present employed. ; Resolutions passed and adopted. OTAGO AND SOUTHLAND PUBLIC DEBT APPORTIONMENT BILL. Mr. Dick moved that the bill be further considered in committee on Friday next.—Agreed to. Mr. Richmond and others objected to go on with the remaining important business in so thin a house. Mr. Fox suggested that they should go into the Estimates then. Mr. Richmond had no objection. On the motion of Mr. Fox, the Provincial Audit Bill [No. 2], the Audit Amendment Bill, the Public Expenditure Control Bill, and the Provincial Audit Bill [No. 1 j were postponed till to-mor-row. The House then went into Committee of plyESTIMATES. On motion of the Colonial Treasurer the Com- . mitted proceeded with class No. 1, of the Estimates. AH the items in class 1, class No. 2, and class No. 3—as sent down except three amendments. Addresses were moved for to be sent to his Excellency the Governor, in favor of £2O to be added to the item £BO, for clerk in the Colonial Secretary s Oiuce. For £250 to be added to the expenditure of the House of Representatives, that is, £2OO for another clerk, and £53 for messenger; £IOO to fill up the blank left in the Estimates opposite the word “ Library”. On the Colonial Treasurer proposing £3OO set down for expenses of District Courts—the Chairman was ordered to report progress and ask leave to sit again. Ihe several resolutions passed in committee wore reported, and on motion of Mr. Fox the House aujourued about half-past ten o’clock. PETITION. Mr. Eyes presented a petition signed by 168 inhabitants of the Province of Marlborough, praving that the House will revise the New Provinces Act, and provide some other system of obviating the difficulties alleged to have existed before it was enacted. Petition read and received.' PAPERS. Mr. R. Wood laid on the table — Further Papers relative to Acts of the General Assembly; and also Further papers relating to the steam postal ser- 1 vice. Mr. Mantell laid on the table, copy of despatch from the Duke of Newcastle, in reference to the Native Council Bill. PROVINCIAL LOANS. _ Mr. Wells asked the Attorney-General, if, in his opinion, the Colony at large incurs any liability from the act of his Excellency the Governor in giving his assent to Provincial Loan Bills. Mr. Fox said the Government was always ready to give any information that any member had a right to ask, but no member had a right to put abstract questions of law to the Attorney-General, and he must decline giving an answer. ORDERS or XUS DAY. RESOLUTIONS FROM COMJpTTEB OF SUPPLY. The following resolutions wejro reported from, committee of supply,— 1. That a respectful Address be presented t> his Excellency the Governor requesting him to recommend to the House the sum of £2O for the salary of the extra dork in the Colonial Secretary’s Department. 2. That a respectful Address be presented to his Excellency the Governor requesting him to recommend to the House the sum of £2OO as salary for a second assistant clerk to the House of Representatives, and also, a sum of £SO for a 3rd messenger. ; 3, That a respectful Address be presented to Jiis Excellency the Governor, requesting him to recommend to the House a sum of £IOO for the purchase of books for the Library of the General Assembly. 4. That a respectful Address be presented to his Excellency the Governor, requesting him to recommend to the House the sum of £2O for extra clerical assistance in the Department of the House of Representatives. Resolutions read and adopted. NATURALIZATION BILL. On the motion of Dr. Featheeston, the amendments made by Legislative Council in this bill were read and adopted, and a Message ordered to be taken to Council to inform them of the fact. LAND REVENUE. On motion of Dr. Featheeston, the Land Revenue Appropriation Act Amendment Bill was read a third time, and ordered to committee presently. On motion of Mr. Fox, the Jury Ordnance Amendment Bill was reported, read a third time, passed, and ordered to be sent to the other House, praying concurrence therein, i On motion of Mr. Domett, the Waste Lands Act Amendment (Nelson) Bill was further conbiUcrcLi iil Ciillllilii.i-cc. M.IICI uivyixss rcuOfLcu. On motion of Mr. R. Graham, the Prevention of Importation of Diseased Cattle Bill went through a further stage in committee ; progress reported, and leave granted to sit again tomorrow. Mr. Fox said he should move that this House do now adjourn ; the government had determined not to proceed with any important business till the motion on the paper —the want of confidence in Ministers—was disposed of. TTIO Chsinnsti ordered to rsport On motion of Mr. Fox, House adjourned at half-past 9 o’clock.

Thursday, August Ist. RESIDENT MAGISTRATE. FOR HAWKEH BAY.

Mr. Ormond asked the Attorney-General whether it is the intention of the Government to recommend the appointment of a Resident Magistrate for the inland district of Hawke’s Bay, and ' the appropriation of a sum for his salary ? He 1 believed the hon. gentlemen would find that this ' officer had been applied for by the Provincial Government of Hawke’s Bay. The principal reason why this officer was required was to try Native cases in a district occupied by both races. He knew of cases in which Natives, finding they had no Court to appeal to, within a very great distance, had gone to their own runanga. Mr. Fox replied that application had been made some time ago which had not been brought under the notice of the present Government. The Government was prepared to agree to all such recommendations of the Provincial Governments on the usual principle of the expense being ultimately borne by the Province in which it was incurred. The magistrate should be appointed and should have a considerable circuit. AUCKLAND MILITIA. Mr. R. Graham moved that, in the opinion of this House, it is inexpedient to call out the Militia in the Province of Auckland, for the present. The hon. member, in support of his motion, argued that the Militia being called out in the wet weather seriously interfered with farmers putting in their crops, and would also drive away a large population to the gold diggings. Mr. Williamson seconded the motion. Mr. Atkinson opposed the motion. It was a matter which the House had no right to interfere with, (especially locally only), though they might if they pleased repeal the Militia laws. So long as there might be war they should be prepared for it. Mr. Weld opposed the motion on similar grounds. Mr. Colenso opposed it because it was an interference with the Executive, and because of the appearance he thought it would have in the eyes of the N atives. Mr. G. Graham supported, and Mr. O’Neill and Mr. Harrison opposed the motion. Mr. Bell opposed the motion being put, because it was of the highest inconvenience that the Executive Government of the day should be called on to affirm or negative this question. He trusted the mover would withdraw it. Mr. Fox said the Militia had been called out under the advice not of the present but of the late Government, and if the late Government had ae- 1 ted with treater promptitude the Militia Act l of last session, the training of the Militia might have been effected during the summer weather instead of the winter. The position of the Government on this question was precisely as pointed out by the hon. member for Wallace ; they could not allow themselves to be fettered in the matter, and if the resolutions were carried, would still act on its own individual responsibility. The House should also bear in mind that His Excellency could act without the advice of his Ministers, but the Government would be prepared to give immediate consideration to the question, andhe hoped the lion, i member would not press the motion. Mr. Stafford trusted the hon. member would not persevere in his motion, because oftbe respor.ssibility it would impose on the Executive, and it would be 0 gross departure from the duty of the House to dictate to the Executive what ought to take place with reference to the employment of the local forces. The hon. member (Mr. S.) then proceeded to explain what had caused the delay alluded to by Mr. Fox, the chief reason being that they could not have proclaimed the new law without disorganizing the then existing Militia force, which had at that time been very undesirable because of the position of Auckland and the small number of regular troops then available for its defence. With respect to expediency, he was not aware that it was more convenient to the country that the Militia should be trained in summer than in winter; similar pressure having been made on the Government last summer, because hay-making, &c., were going on. Mr. Caeleton opposed the motion on the ground that it was a question which the House ought not to interfere in. Mr. R. Graham said that, having drawn the attention of the Govcrment to the question, they would no doubt consider the most favorable season of the year for calling the Militia out to drill, and he would now, with the permission of the House, withdraw the motion. Leave granted, motion withdrawn. the new provinces’ act. Mr. Eyes moved that the petition from certain inhabitants of the Province of Marlborough praying for a remission of the New Provinces Act, be printed. THE STEAM POSTAL SERVICE. Mr. Wood moved, that an Address be presented to His Excellency the Governor, requesting His Excellency to give effect to a Resolution of the Committee of Supply, that the sura of £3OOO be placed on the Estimates for Steam Service. Motion agreed to LAND CLAIMS BILL. Mr. Caeleton moved the second reading of the Land Claims’ Settlement Extension Bill. The hon. member entered into a long history of the various circumstances connected with disputed claims, and explaining his reasons for bringing in this Bill, and the.nature of the additional claims it proposed to deal with. A debate ensued, in which matters from the commencement of the British Government in ihe Colony were dragged. Messrs. Colenso, Bell, Domett, and G. Graham, took part. Motion agreed to. Bill read a second time, and ordered to he refer-_.-.i . . _ c ~ _ / /’ . . ht xca iu a v. tu tunoiou ui lucasio. Firth, C. J. Taylor, Weld, Jollie, Waring Taylor, Bell, Domett, and Carleton. Report to be brought up on Saturday next. NATIVE CROWN TITLES BILL. The House went into Committee on this Bill. It was reported with amendments, and ordered to be further considered ou i rid ay next. DISEASED CATTLE. On the motion of Mr. R. Graham, the House went into Committee on the Prevention of Imnor- ; tation of Diseased Cattle Bill. The Chairman, after considerable debate, was ordered to report

progress, and ask leave to sit again. WANT OF CONFIDENCE MOTION. Mr. C.W. Richmond moved that this House has not confidence in His Excellency’s Responsible Advisers. The hon. member, in moving this motion, said that he did so as a matter of public duty. The chief objections which he raised against the new Ministry was their Native policy, and their well-known democratic tendencies. Mr. Stafford merely, as a matter of form, seconded the motion of his hon. colleague, without offering any remarks. The debate was kept up for some time by Messrs. Mantell, Colenso, Renall, Jollie, McGlashan, Kettle, Frazer, Fox, Dillon Bell, Carleton, Firth, C. Ward, and Wilson. It appeared from the remarks of hon. members, that a number of attempts had been made, pending the notice of motion by Mr. Richmond, by parties on both sides to form a coalition Ministry, but the elements appeared to be so discordant as to bailie every proposition ; so much so, that they might almost attempt to mix oil and water. The only exciting moments in the debate was on the division, when the numbers were being counted, in order to see which side had the majority, the parties seeming equal. Mr. Richmond made no reply. Question put, House divided. Ayes 25—-Messrs. Russell, Firth, Wells, Atkinson, Nixon, Mason, Creyke, Domett, Curtis, Weld, Cookson, Fraser, Wilson, J. C. Richmond, C. W. Richmond, Colenso, Hall, Jollie, Dilou Bell, Ormond, O’Neill, A. J. Richmond, Rowley, Stafford, and Butler. Teller, Mr. Crosbie Ward. Noes 2G—Messrs. Williamson, Ward, Carleton, R. Graham, Carter, J. Taylor, W. Taylor, Brandon, Whyte, Fox, Kettle, Monro, Henderson, Eyes, G. Graham, Dick, Featherstone, McGlashan, Fitzherbert, Wood, O’Rorke, Rhodes, Renall, Mautell, Harrison and Saunders. Teller, Mr. Russell. The announcement was received with cheers. The House adjourned at 10 o’clock.