PROVINCIAL COUNCIL.

Hawke's Bay Times, Volume 19, Issue 1354, 20 June 1872, Page 2

PROVINCIAL COUNCIL.

THURSDAY, JUNE 13. (Report of this day's proceedings continued from last evening's Times.) Unauthorized Expenditure*. Mr OftMOND moved—Whereas the "Provincial Audit Act, 1866" pro vides that unless an address to the Superintendent he sent to the Council, a recommendation to grant a sum of money sufficient to meet the unauthor ised expend it/1 re shall be passed by an absolute majority of the entire number of the members of the Provincial Council, the Provincial Auditor shall commence suits in the Supreme Court to recover the penalties recoverable under the said Act, for signing and issuing special orders for the money without appropriation : And whereas it is necessary to release the Superintendent from the penaUi.-s to which he is liable for such unauthorised expenditure; the Council reque-ts the Superintendent to submit to the Council a recommendation to grant a sum of money sufficient to meet the said unauthorised expenditure. Agreed to. Mr Ormond moved--That the Superintendent requests the Provincial Council to grant the sum of six hundred and fifty-six pounds fifteen shillings and eleven pence, to meet the unauthorised expenditure from the Ist May, 1871, to the olst May, 1872, the same unauthorised expenditure having been incurred on account of the services hereinafter mentioned :

£656 15 11 —The first item, for the bridges, had been recovered from the Government in the Resident Magistrate's Court; the second item related to the salary of a messenger; for the grant to the Athenaeum and the grant to Captain Carter the Superintendent was indemnified by resolutions passed last session, the <£l2 for dog registration was a necessary outlay for collars, which had of course been recouped by the fees ; the extra expenditure for general printing and advertising had been caused by the reprinting during the year of a number of old Acts; the item Provincial Oo uncial included two years expenditure; the next item needed no explanation ; and the last item was owing to expense incurred in introducing the ballot system. After a few unimportant remarks, the resolution was carried without opposition. Credit Bill. This bill, the object of which was to give effect to the above resolution, was then introduced by his Honor and passed its tirst reading. Market ReserveMr Kennedy asked his Honor the Superintendent— '< Whether it in the intention of the Superintendent to lea«e the reserve between. Tennyson, llmx-

ings, and Emerson streets, and, if so, whether it is the intention that it should be subdivided and leased by auction."

His Honor answered both questions in the affirmative; adding that if ever a corporation was formed, all the town reserves and their revenues would be, by right, immediately vested therein. Hawke's Bay Sheep Act Amendment. Mr Johnston, in moving the second reading of thhis Bill, said its object was to remove die clauses in the existing Act relative to foot-rot. Last year's legislation had entirely failed to arrest the progress of the disease. (No, and Yes.) From the Inspector's report it appeared that the Act did not realise the sanguine anticipations of its promoters; the disease, notwithstanding all effoi ts, having got beyond their control. It might be said that the present Acr, if" it did no good, at any raledid no harm ; but lie replied that it did harm inasmuch as it interfered with free trade in sheep. If freedom of driving were permitted, the disease.! sheep could be driven to- a boiling down establishment; but the Act by preventing this, served to perpetuate the evil. If Jast year's Act was to remain in force, the present staff must be in creased, without the least beneficial result

Mr Maney cordially supported the bill. His experience had shown him that foot-rot was caused by the damp soil of rich low paddocks, and the existing Act did not empower ihe. owners to shift their flocks from the very places, which generated the disease. Experience had *«h.own that it was. useless to-attempt to. deal with foot-rot by law. la the Australian colonies there were vigorousscab acts in force, but all mention of foot-rot was excluded.

The Council then adjourned, to 7 30 p.m. Qn the Council resuming, the subject was taken Tip by Captain Russell, who said he con Id see no hardship in the existing Act, which he believed to be a great success. By a proper system the disease could be kept under. Mr Rhodes thought the subject was introduced too late in the session. The Act required amendment in various particulars, and if the matter was opened at all, the whole Act should be gone into. • Mr Dot.bel would oppose the Bill. He had found foot-rot to. be contagion.-. Mr TA3STNER had heard no good and valid reasons for the proposed amendment. He could see no hardship in the present Act. He believed that ioot-root was more prevalent on dry ranges than on low paddocks. The present Bill hud no chance of passing, the opinion of the Council having been fully elicited last session. He moved that the Bill be read this day six months. Mr Tiffex fully endorsed the remarks of the last speaker. Mr CoLENSO said it was a hardship that a nocko'vner should not be allowed to remove his diseased sheep, but must see them perish before his eyes, without any compensation. A settler had been fined for driving a few diseased sheep on a public road ; yet on both sides of our main roads sheep—some of them diseased —who had. come through the wire lences, might be seen grazing. Col. Lambert supported the second reading. The present Act was in a very unsatisfactory state, and the member' tor Waipukmau deserved the thanks of the Council for bringing the matter forward.

Mr A'Deane saw no hardship in the existing Act, which he considered a very necessary measure. Mr Johnston having spoken in reply, the amendment w-.ts put and carwhereby the Bill was shelved. Police Act Amendment. This Bill-* r as passed through committee, and reported as amended to the Council. Wholesale Dealers Licensing: Act Amendment. This Bill was read a third time and passed. [Supply The Council then went into committee of supply, and resumed «he consideration of the special estimates. The items undev the heading " Sheep Do-

partuient," postponed till after the consideration of the Sheep Act Amendment Bill, were all passed, and amounted, in the aggregate, to ,£BBO. Port Aniiriri Bridge. This Bill having been advanced a little further in committee, progress was reported, and leave given to sit again. The Council then | adjourned to nexfc sitting day. FRIDAY, JUNE U. The Council met at 3 o'clock p.m. The minutes of the last meeting were read and confirmed. Petition. Mr Sutton presented a petition, signed by 104 inhabitants of Napier, praying that Clive Square might be conveyed to trustees. Petition read and received. Motion, for printing the petition negatived. Military Sutlers "Land: Orders Mr Tiffen, with the leave of theCouncil, asked his Honor the Superintendent (without previous notice), whether there was any means of redress, for those military and naval settlers, who had. applied too late for their land orders. Hi.-i Honor replied that the Act under which these grants- were madehaving been repealed, there now existed no means oi obtaining the redress. sought. It could not be done without, a special Act of the General'Assembly.! .Native Petition. Mr Dolbel. moved—" That thisCouncil do. lesolve itself into a. Committee of blYo House to consider the petition of the Tongoio and Arapawanui natives." He could, confirm, the statements made in the petition, ands must give testimony to the great patience shown by the natives ■in. this, ease.

The motion having been earned, the Council went inio. committee;

Mr Colekso. was in one respect glad> that this petition, had come before theCouncil. At this particula I:juncture,, when there was-such general dissatisfaction among the natives- with European, institutions,, a good opportunity was. afforded the Council to.show that justice would, be administered, irrespective of race. He was sorry that Mr Towgood had acted in. the manner described,, and thought the Council should adopt some means of giving t immediate - relief.

Mr Lee was glad to see that thenatives had taken this means of obtaining, redress. They had. no. doubt suffered hardship ; but Mr TWgood very possibly was only exercising a. legal right in what he had done.

Mr Tanner said the Council was. now considering; a mere ex parte statement ; Mr Towgood was quite unrepresented. He had no knowledge of the circumstances ; but he thought a runholder was not bound to respect every old Maori track. .For all the Council knew, a load might have been laid off in the same ditection.

His Honor.said the petition was I he fir.>t intimation he hud of the affair.. If the natives had complained to theGovernment, the matter would have been looked into, and anything wrong; remedied. So far as he understood,, the wish of the Council was that the natives should be communicated with,, and the matter attended to; and he: would see that this was done. The Chairman then reported progress. Appropriation. This Bill was introduced, and passed its first reading. Next Sitting Day. On the motion of Mr Ormond, Saturday waa made a sitting-da}'. Right of Laying off ftaad& Mr Colenso asked his Honor the Superintendent —" Whether any steps were taken during the last sitting of General Assembly relative to the great necessity of our repossessing the right to lay off roads to various sections in the several country distiicts." Last session a committee was appointed to* consider this subject, who recommended a petition to the General Assembly. The petition was drawn up and presented, and he feared that was where

the matter Lad rested. ISow that the country was well taken up, there were a number of freeholds actually without any means of access. His Honor said he was quite aware of the hardship suffered by some of the settlers who were in the position described. The petition of the Council was presented and read in the General Assem bly 1a.4 year, and he (Mr 0.) parsed a bill through the House of Representatives, which, however, was thrown out by the Legislative Council. The difficulty was not fell only in Hawke's Bay; some of the larger Provinces were in a much worse position. Of course, the Government could always take the land required, by paying for it. Clive Square Bill. Mr Sutton introduced thid Bill, which was read a first time. Market Reserve. Mr Kennedy moved—" That this Council do hereby rescind the resolution passed to enable the Superintendent to lease the Reserve situated between Tennyson, Emerson, and Hastingsstreet." He considered that a resolution like the one passed on this subject should have been introduced by a private member, as the vote of the Superintendent carried undue weight.. It might not be known that applications had been repeatedly made by persons in business for the land in question, and as often refused; and it was not until a particular firm applied that the subject was brought before the Council. Several members having spoken on the subject, the motion was negatived on a division. Credit Bill. This Bill was read a second time, passed through Committee, and reported to the Council. Police Act Amendment. This Act having been re-committed, a new clause was added, on the motion of Mr Colenso, making it a finable offence to throw or sweep rubbish, old paper, &c, into the streets. The Bill was then reported as amended. Meanee Toll-gate. Mr Tiffen moved the second reading of this Bill. It proposed to form a road from near Munn's to the Purimu Creek, and thence to Taradale, which would shorten the distance to Meanee, Puketapu, &c, by three or fonr miles. It -vould save ten miles to Puketitiri, and reduce the distance to Pohui by two miles, thus materially assisting the timber trade. The toll,gate, he calculated, would at first bring in £6OO per annum, which would quickly rise to £I,OOO. Mr Dolbel seconded the motion. It •was Ume the road to these districts Has shortened, Capt. Russell had much pleasure in supporting .the Bill. The proposed road would become the main road to the Plains, to Hampden, and in fact all the district west of the Te Ante road. When the proposed railway was constructed, if this road was also formed, the Te Aute load this side of Pakipaki would cease to be a road at all. Mr Colenso was taken by surprise. The title of the Bill had led him to suppose that it was merely a proposal for another toll-gate; whereas it was a scheme for an important public work. It was rather late in the session to bring such a measure forward. He suggested its withdrawal till next session. Mr Maney wou'd support the Bill. He believed the project would pay. Col. Lambert regretted that this Bill had been brought forward so iate. The proposed road would be a great public convenience.

Mr Kinross vould support the Bill, as the road would be a great public advantage, and would pay. Mr Lee would support the Bill. At some future date this road would be the main line to Tanpo. Mr Tiffen apologised for the delay in bringing forward the Bill. If the Provincial Solicitor's hands had not been so full of work, the Bill would have been before them on Wednesday. The road would be part and parcel of the Great North Road, and would bring all the land on the Western side of tho Harbor within easy distance of Napier. The Bill having passed its second reading, the Council adjourned to 7.30 p.m.

On the Council resuming, the House went into committee on the Bill, and went through it. Mr Tiffen explained that the whole cost would \)Q ,£1,4:77, from Napier to Taradale. There would be a Viaduct of 70 feet, over the channel, and 400 feet of the road was designed to be made with limestone walls, and packed solid with rubble, to allow the flood water to flow over the road without doing damage; thus allowing in time of floods, 470 feet of waterway. The Bill was reported to the Council. Port Ahuriri Bridge. The Council resumed the consideration of this Bill in committee. The Bill was passed through, and reported 1 to the Council. The Council then adjourned to next sitting day.

Ngaruroro and Petane Bridges £ s ... 32 3 a 0 Superinteudent's Department ... 24 3 4 Napier Athenaeum ... 50 0 0 Grant to Capt. Carter ... 100 0 0 Dog Registration ... ... 12 0 0 General Printing and Advertising ... ... 90 17 3 Provincial Council ... 269 5 0 Coroners' Contingencies ... 5 0 0

Returning Officer's Department ... ... 73 7 4