Provincial Council.

Lyttelton Times, Volume IV, Issue 166, 11 March 1854, Page 8

Provincial Council.

WEDNESDAY, March Ist. (Continued from our last.) CATTLE TRESPASS BILL. Mr. Hall proposed that the House should go into Committee on the Cattle Trespass Bill, and with the understanding that clauses to which any considerable opposition might exist, should, although now passed, be re-considered next week, when the hon. member who had charge of the Bill should hare relumed. The preamble of the Bill was then read repealing existing laws. Mr. Daxipier stated it might he dangerous to set aside the common law, unless[something be substituted which would be available; he therefore would not consider it advisable to repeal the former acts. Mr. Hall supported the preamble; it proposed to repeal, so far as summary jurisdiction was concerned, all existing Ordinances as well as the common law on the subject, and to substitute in their place one clear and simple enactment. Nothing could be worse than the present state of things, the various Ordinances being both unintelligible and conflicting. Mr. Da&ipier. saw many difficulties; he thought it would have the effect of driving persons to the Supreme Court for redress; in making this a consolidation bill it makes the matter more difficult than it was before ; it will become necessary to re-enact several existing Ordinances. . The preamble was then adopted. A very lengthened discussion then took place on the first six clauses of the bill, the principal points in debate being what constituted a sufficient fence, and the distance from a town within which the special damage should be granted: two miles from the boundary was proposed, hut in some cases that was considered not sufficient. Ultimately the further consideration of the Bill was adjourned till Thursday. The Committee reported progress, and Miv Cookson resumed the Chair. CHURCH DISABILITIES REMOVAL BILL. Mr.' Hall moved for leave to bring in a Bill to relieve the members of the Church from any restrictions which may prevent them from framing rules and regulations for the government and discipline of their own religious body. He stated that doubts exist whether these restrictions extend to the colonies, and it was to remove such doubts he asked leave to ■ bring in this Bill. As the Church receives no endowment from the State it should be as free as oilier religious bodies similarly situated. It might be said these restrictions should be removed by the Imperial Parliament, but Parliament does not seem to think so, as it had rejected a Bill introduced with this object. Mr. Hall read an extract from a letter of a high authority, in Colonial affairs, Hon. Sir James Stephens,"distinctly laying down the law that the Colonial Legislatures were the proper bodies to deal with this matter. It might then be ursred that this is the business of the General Assembly, b ut i, e feared they would not devote time to it, so great would he the press of business in their" first Session, and consequently if we do not le«islate it will be left undone. Leave given. "[This bill has since been withdrawn.] THURSDAY, Mahoh 2nd, Members present : Eev. W. Ayhner, Messrs. Rhodes, Hall, Dumpier, Packer, Bowen. Beaky, and the Speaker. " WAKEFIELB BOAI> BILL. ™-T h n J?f^ >se weut into C("»mittee on the \Vakefield Road Bill, Rev. W. Avliner in the Chair. Mr. Packer stated- that this Bill had been re-considered, and he believed that in the form m which it now comes it will meet with no opposition. l The Bill was then read Mr. Hall stated that the Bill in its amended form embodied the resolution, of which the Collector of Customs- lm,l given notice, and on behalf of that -emleman he withdrew iunher objection to the measure. l The Bill then passed the Committee. ENGLISH A&EST's BILL. EiS^" s lc;;in ent into Ouiuiniiu» «*• Mr. Dampieu rose to ? ay, if we are to have anLngush Ap,tatai],he should he resident in London ; the alu-ralion o.niui,,, ,e.si< »cc London is a most important ukeratio,,, a l/,

alteration for the worse. If the Agent lived in Newcastle while the Houses of Parliament were meeting-, would he be able to look at the interests of the Province of Canterbury? He should recognize no locality short of London. Capt. Simeon could not agree with the hon. gentleman; so much did he differ from him that he would go farther and say the agent should be resident in the United Kingdom of Great Britain and Ireland ; it might be wished to put into the Bill the name of a gentleman who might be resident in Ireland. He had very great hope that Mr. Godley's would be the name inserted ; Mr. Godley is resident at present in Dublin, but whether .at,.Dublin or Edinburgh, with the facility of railway communication, it is not material. The clause was then altered thus—" that an English Agent be appointed in the United Kingdom for the Province of Canterbury." Mr. Dampier feared that he may be looked upon as a general objector, but he-was only anxious to put the clause correct. It would appear by it that it shall be imperative always to have an Agent in England for this Province. Are we always to be burdened with an Agent ? It would not be a burden now, but it might be so at a future time. Would it not be better to give power to the Superintendent and Executive Council to remove the Agent if deemed necessary, as they are now considered a responsible government? He conceived it would be safe to entrust the appointment to them and the removal also. Mr. Hall could not assent to the proposal of the hon. member; it involved a principle. The question was, whether the English Agent was to be appointed by the Superintendent and the Executive Council,, or by the Superintendent and Provincial Council; he adhered tothe latter proposal, thinking- it far better theagent should represent not merely the Executive Government, but also the people of the Province as represented in that Council. This would strengthen his hands in his representation of the feelings and wishes of the Province.. He might otherwise be said to be the agent of a party and not of the whole Province. Capt. Simeon- considered the appointment should not rest with the Superintendent; if the agent is to be the agent of the whole Province, he thought the representatives of the Province should be the persons to appoint, otherwise the appointment would be in the hands of a party with a bare allowance of the Provincial Council. Mr. Dampier stated he felt the force of the arguments of both the hon. members who had spoken, but still the clause wanted amendment. It would, as the clause stands, be an appoiutment for life ; at least it should be secured that whoever shall be agent shall at all times represent the feelings of the Province ; therefore he would wish to see a power to remove him if it should be found necessary. Capt. Simeon •. "If the lion, member will but read the clause, he will see that it is by Ordinances from time to time that he is to be appointed." Mr. Dampier : " The hon. member is begging the question. An agent shall be appoiiUed^but how is he to be removed ?" Mr. Hall thought alteration unnecessary, as if the Council could by Ordinance appoint an agent, they could by an Ordinance remove him if necessary. Mr. Bowen contended that every person had power to remove an agent with whose proceedings he wab dissatisfied. Mr. Dampier never knew such an an-ent as-the hon. member refers to, appointed by an Act of Parliament- He wished to insert the word " revocable" in the clause. This amendment not being seconded, fell to the ground. On clause 5 being read, Mr. Hall rose to propose the name to be inserted in the blank left ior that purpose. It g iive him pleasure to oe enabled to propose, as it must every member oi the Council to adopt, the name of John lio-iK-iL Godley as the English agent for this Province. Whether we look to the talent, energy and business qualifications which he evinced during Ins residence amongst us, to his intimate »e<j.uiuntaiice wiih the circumstances of our keulenient, or the deep interest which we -ire iisMired that he feels in its welfare and prospenty, we must consider ourselves most fortuirite »i being able to secure his services as our representative at homo. Capt. Simkon stated, that when Mr. Godley leit the colony, he said he would be always

happy to do anything for the interest of the Settlement, and. we may therefore be certain he will undertake the duties of the oflice. Mr. Godley's name was inserted, and the remainder of the Bill passed. IMMIGKATIOX BILL. The House then went into Committee on the Immigration Bill. Upon the clause giving power to raise a sum not exceeding £ 10,000-, Mr. Dampier said, " Am I to understand that we are to leave at the disposal of the Executive .Government, a sum amounting to £10,000,, and this without any previous notice P Would it not be better to vote smaller sums from time to time?" Mr, Hall could not let the observation of the member for Lyttelton pass without notice, As they were now voting the supplies for the year, they should vote the sum required for immigration during the whole of the year. He trusted the Council would not keep on meeting from time to time as suggested. -. ".•■;.-■ Mr. Dampiisr: "We are now seeking to raise a credit by debentures on the revenue of the Province. I must protest against the clause to raise such a sum to be charged on the public, and not taken out of the funds legitimately applicable to purposes of Immigration. Thereare funds now very near us. It would.be better to wait for these funds than charge the public by debenture." Capt. Simeon: " If my memory serves me, I think I remember hearing the hou. member for Lyttelton on the hustings speak-very confidently of being able to drive a tunnel through the hill,, and to procure coal and other extensive public works—where were the funds to come from?." ' Mr..: Dampier:- " The gentleman's .memory does not serve him- as well as it might. The money was to be raised by a public company." The question was then put, and Mr. Dampier called for a division, when there appeared, for:; Capt. Simeon, Messrs. Hall, Bowen, Rhodes,. Bealey, and Packer —against: Mr. Dampier. The remaining clauses of the Bill were then passed. The Empowering Bill passed through theCommittee without any opposition. CATTLE TRESPASS BILL. The Committee then proceeded with the Cattle Trespass Bill. On the clause for appointing a poundkeeper,. some discussion arose as to the amount of security fo be required. It was finally settled that he should give security in £100 ; not by bond,, as in case-of default the prosecutor must be the person to whom the bond would be made payable, and individuals- might not like to prosecute, but by recognizance, as suggestedby Mr. Dampier, as then the prosecution wouldbe brought in the name of the Crown. Clauses 29 to 36 inclusive were agreed to. Mr. Hall doubted whether the House would,at that late hour, like to enter on the Schedules, and he would therefore propose that they, together,with clauses 3, 6, and 8, to 16 inclusive, bepostponed till Tuesday.. The Chairman reported progress, and the Speaker resumed the Chair. NOTICES- OP MOTIONS. Mr. Hall gave notice that he- would, tomorrow, move for a copy of any correspondencewhich may have taken place between the Provincial and ,General Government on the subject of the lands or other property said to have been purchased by the Canterbury Association,, which had not yet been laid on the table. Mr. Bealey gave a notice relative to the town reserves. Rev. W. Aylmee gave notice that he would move a resolution relative to vessels clearing out for ports to which they d 6 not intend to touch at. He added that there was a vessel called the "Despatch," which, on the 16th of January, left Lyttelton for Akaroa; she passed Akaroa with a fair breeze for entering the harbour, but she passed on to Otago, and from thence returned to Lyttelton, where she arrived on the 11th January, and up to the Ist March there were three English mails unreceived; this was manifestly a serious evil. The House adjourned at a quarter before 8 o'clock. FRIDAY, March 3rd. Members present—The Speaker. Rev. W. Aylmer, Messrs. Dampier, Bowen, Packer, Bealey, Hall. Prayers were read at eleven o'clock by the Rev. O. Mathias. CHURCH PROPERTY TRUST BILL. Mr. Hall proposed to defer the third reading

of the Property Trust Bill. He had hoped to have been able to place in the hands of the members of the Council the printed copies of the Bill; however, the number of manuscript copies required by "the Standing Orders had been laid ou the table. Rev. W. Aylmer proposed that the third reading of this very important bill should be delayed to as late a period of the session as possible, for as the clergy in the Province are so few and far asunder, they should have an opportunity to meet and confer on its merits. Mr. Hall stated, that the Bill was laid before the Church Committee, of which every .clergyman in the Settlement is a member. He .mentioned this only to show that opportunity had been given, but he would wish to give every possible facility to become acquainted with the measure, and would postpone the third reading until Thursday next. Mr. Dampier said this bill affects the rights of a large number of persons in the settlement: he would therefore now give the following notice, that on Tuesday he would move that the consideration of the Church Property Trust Bill be not read a third time until seven days after it shall have been printed and published in the Provincial Government Gazette, or a newspaper of general circulation in the colony. The third reading of the bill was therefore postponed. DISTRICT .COMMISSIONERS' BILL. The House went into committee on the District Commissioners' Bill. On clause X, Mr. Hall said that not having ,the schedule, he was unable to state the exact number of districts, but probably Christchurch <would be one, also Lyttelton, Kaiapoi, and probably Papanui. Mr. Aylseer hoped the Peninsula would be another. Mr. Dampier asked if it would not be better to keep the boundaries of the districts of Ashley, Mandeville, Christehuvch, &c, as they are already defined. Mr. Hall observed that since those districts were named, people had settled down in various localities quite irrespective of these divisions, and it was to meet their wants the bill was prepared. He said that, as in the case of the Trespass Bill, he proposed now to take the clauses not likely to require much amendment, and reserve the others for consideration on a future day. The bill provided for the election of five by votes, a returning-.pfficer to be appointed by the Superintendent, a district surveyor, and the appointment of a chairman who may be removed should he be absent at four successive meetings of the commissioners, the to have an original and a castingvote. The clause providing for the appointment of assessors was postponed. Mr. Bealey was afraid this executive board would infringe on the duties of municipal corporations. Mr. Hall thought municipal corporations would not be found necessary ; he understood that at Lyttelton they desired this bill tp extend to towns, and for the present to supersede the necessity for the cumbrous machinery of a corporation. Captain Simeon had never heard any such opinion expressed at Lyttelton publicly or otherwise. Mr. Dampier,: " Neither have I ever heard such an opinion, but 1 hope to see some such board established there." Mr. Packer thought 5 commissioners insufficient. If three out of five should be leagued together, they might prevent an equal attention to the wants of the district. He could see the want of a footpath opposite his own door much more clearJy than the wants of his neighbours. Mr. Dami'ler agreed that it was easier to see a hole opposite one's own house than elsewhere, and would be glad to see the number of commissioners increased. Mr. Bealey agreed with the latter idea, for while five might be a sufficient number at Papanui, seven would not be too much for Christchurch or Lyttelton. Mr. Hall promised the clause should be reconsidered, and ail amended one submitted to the House. After the several clauses for the appointment of a collector, the disposal of funds, the non-disqualification of Judges, &c, and the mode of instituting Proceedings and Remedies,

llat r | {l>een read, the Chairman reported progress. Ihe Speaker then resumed the chair. CLEARING OUr OF SHIPS. Moved hy Rev. W. Aylmer : « It being notorious that vessels are in the constant habit of clearing out for ports, to which it is not intended that they should proceed, or to which they proceed after visiting an intermediate port or ports, and it being equally notorious that great incon- ■ venience is thereby entailed upon the public, inasmuch as in the Drst instance, the delivery of the mails is indefinitely delayed, and in the second, the intermediate ports receive no mail at all; Resolved—that an address be presented to His Excellency the Governor, and to both Houses of the General Assembly, praying them to pass a law to remedy the evil above detailed, and for a more regular and uniform transmission of the mails." Motion adopted, CHRISTCHURCH. TOWN RESERVES. The following resolution was then adopted unanimously. " That the Council, taking into consideration the early period at which it is probable that the land known as the Christchurch town reserves will come under the control of the Provincial Government, and the people of the province will be enabled by their representatives in this Council to decide upon the measures to be adopted with regard to it, Resolved, —That under existing circumstances it would be un wise and inexpedient to alienate the Christchurch town reserves. That a copy of the above resolution be transmitted to the Superintendent, with a request that he will forward the same without delay to the officer administering the General Government; that a copy be likewise forwarded to the Commissioner of Grown lands for the Province, requesting that he will suspend any proceedings with respect to the alienation of the Christchurch town reserves until the decision of the General Government on the subject shall be known." NOTICES OF MOTIONS. Mr. Hall gave notice on behalf of Mr. Tancred of a motion on Waste lands. Several notices were given relative to bills already under the consideration of the House. 811/LS ORDERED TO BE REPRINTED. The Empowering Bill, the EnglisS .Agent's Bill, and the Immigration Bill, were ordered to be reprinted. The House adjourned at one o'clock. TUESDAY, March 7th. Members present; Messrs. Tancred, Bowen, Hall, Oookson, .Cass, Bealey, Rhodes, and the Speaker. Prayers were read by Rev. O. Matthias. CATTLE TRESPASS BILL. The house resolved itself into a Committee on the Cattle Trespass Bill. Mr. Bowen in the Chair. The Preamble and first and second clauses having been read, Mr. Tancred said, that in the interpretation clause, it would be provided that the occupier should be the person in the lawful occupation of the land. The 3rd clause on impounding being read, Mr. Dampier suggested that the words "no cattle to be impounded &c," be omitted. He considered the clause as it stood would have a dangerous effect. Mr. Hall would be sorry to see the words omitted, as they made the law upon the subject close and explicit. Mr. Dampier thought these words would limit the power of impounding in instances where the case would go to the Supreme Court, also it would prevent impounding when the owners of the cattle were unknown. Capt. Simeon differed from Mr. Dampier. Mr. Tancred thought the words should be retained. Mr. Dampier's amendment not being seconded, the 3rd clause was passed. The 4th to Bth clauses inclusive, were agreed to, with the following addition to the 7th. " Provided also that such occupier may, instead of driving such cattle to the residence of the owner thereof, detain the same on his own land, and give notice to the owner of such cattle to'remove them. And such occupier shall be entitled to recover from such owner, remuneration for the service of such notice, according to the scale set forth in Schedule I, to this Ordinance. And if the said owner shall not remove the said cattle within twenty-four hours of the time when he shall have received such notice, such occupier shall be entitled to recover

from such owner the charges set forth in. Schedule X to this Ordinance." Mr. Tancred moved, that in the 9lh clause the word " entire " be inserted before " ass "; agreed to. The 10th and 11th clauses were agreed to. The 12th clause on Arbitration was then read. Capt. Simeon was of opinion that twenty-four hours was too short a time allowed to procure arbitrators. Mr. Dampier understood the bill not as compulsory, only enabling. Now compulsory arbitration never worked well in any way whatever, he recommended that the Justices should have power to nominate arbitrators. Mr. Tancred explained that this clause did not make arbitration compulsory, as it must be applied for by one of the parties; only on such demand, would an order for arbitration be issued. The 12th to the 18th clauses inclusive were agreed to. The following new clause was proposed by Mr. Hall. "It shall be lawful for the Superintendent from time to time to appoint fit and proper persons to be official arbitrators ; and from time to time to remove the same and to appoint others in their stead ; and with the advice and consent of the Executive council to make rules and regulations for the guidance of such official arbitrators in the execution of the duties of their office, and to fix a scale of fees which shall be payable to such official Arbitrators ; and all such rules, regulations, and tables of fees, after being published in the Government Gazette, shall have the force of law. And it shall be the duty of such official arbitrators to act, whenever called upon, as arbitrators in any arbitration to be held under the provisions of this Ordinance." Mr. Dampier was pleased with this clause, and for this reason, that he believed that all the other clauses would fall to pieces, and we may have this to stop the gap. Capt. Simeon could not agree with the hon. member in his prophetic view. The clause was adopted. The 7th clause was again brought under consideration. Mr. Dampier then asked, if there was to be no appeal from the Resident Magistrate's decision. Capt. Simeon read an extract from the Ordinance on the subject, which provided that the Resident Magistrate's decision shall be final on all questions except in the case of a fine above £s;— "if there was an appeal," added Capt. Simeon," in small debts, there is scarcely a case in which there would not be an appeal." The Schedules were then read over. The first, defining the boundary of Christchurch to ■ be the site of the town excluding the town reserve, and also [defining the towns of Lyttelton and Akaroa, was passed with the following addition — " any other town proclaimed by the Superintendent." * The next Schedule, describing a sufficient fence, gave rise to great discussion. Mr. Tancred suggested that a combination of fences of the required height, whether wire, or post and rail, should be considered sufficient. Three rails, four feet high, was named as the most desirable. An honourable member here begged leave to ask whether a wire in the centre should be considered " a rail." (great laughter.) The Chairman reminded the hon. member that this was a post and rail clause, and that clause 3 in the Schedule was the one relating to wire fences. Several members gave opinions as to the relative merits of a three-rail, four feet high, and a two-rail, three feet high. Mr. Tancred said, In passing this Ordinance we must make the fence as practicable as possible. At Nelson they have a fence with three rails four feet high, but we are differently situated : at Nelson they have plenty of timber and wild cows ; here a lower fence would be sufficient to keep out a tame cow. A wild cow from Nelson nothing would stop. Mr. Hall remarked that three-fourths of the post and rail fences in Christchurch are not four feet high ; if four feet high is sufficient for an earth bank, it is too high for a timber fence ; these should be much higher. A rider will take an earth bank twice the height of n timber fence, and he supposed cows would do the same. He proposed that for three rails, two rails should

be substituted, and for four feet iv height, three feet six niches. Mr. Tajjcked thought it was for the benefit of the agriculturist, and they were overlooking the interest of the cattle owner. Mr. Rhodes said that very often the agriculturist was also a cattle-owner ; few agriculturists cultivating to any extent were without working-bullocks, and they are more tliliicuU to keep within bounds than milking cows. Mr. Dampier thought they were culled upon to define the height. Mr. Tancubd would adopt three feet six inches. Capx. Simeon could not agree with him. He proposed an amendment of 4 feet in height, but the consideration was postponed till some measurements were taken. Schedule C was next read. Mr. Dampier enquired if this regulation was intended for the whole country ; the necessity of a limitation had been pointed out to him. He thought dividing the country into agricultural and pastoral districts would meet tiie difficulty. The damage should be estimated as to the amount of t'mtd a bullock might carry away, and not what was actually damaged. He thought 2s. 6d. more than reasonable for what one bullock could consume of natural grass. That is the test he considered should be put on it. Mr. Hall said there would seldom be found cultivation without fencing. (^Schedule C was adopted. Schedule D gave rise to a long debate between Mr. Tancred and Mr. Hail, the latter thinking the proposed charges might in some cases be too heavy. Mr. Rhodes asked what would be the result if sheep were driven by a sou'wester from the Rakaia to the Courtenay, a distance of 20 miles ; the iine, according to the schedule, would be twenty shillings per sheep, and it once happened that sheep were so driven by the wind, and the shepherd could not stop them. Schedule postponed. The Speaker then resumed the chair. GOVERNMENT BILLS. Mr. Tancred rose to announce the alteration that the Executive Government felt it necessary to adopt in consequence of the large purchase of land within the province. The English Agent's Bill, and the Immigration Bill would be again submitted to the House with alterations. The £10,000 named iv the Immigration Bill would be omitted, and introduced in an Appropriation Bill. The debentures proposed to be issued would be applied not to emigration alone but to general purposes. A.n Ordinance will be asked for to authorize the Superintendent to appoint Commissioners to enquire into the best means of communication between the Port and the Plains, proceedings to be commenced immediately. A commission of engineers seemed the most efficient. CHUUCH PROPERTX XRPSr BILL. Mr. Dampieu, iii reference to the resolution of which he had given notice respecting the Church Property Trust Bill, said that he had only sought for delay to let the public have the means of judging ; it is a private bill, and if we had had Standing Orders, it would have afforded the public facilities of considering the measure. He thought it right to propose a short delay to give that opportunity; such a measure should not be hurried through the House. He had some Standing Orders"to propose. Important bills should he printed two months befoie ; and then the contents of them would become known. Mr. Hall, in reply, stated that after having repeatedly explained that this bill had been laid before the Committee appointed at public meetings to deal with the subject, it was unfair in the hon. member for Ivyttelton, without noticing this explanation, again to assert that parties interested had not had sufficient notice. Both the biil, and the petition mi which it was founded, had been investigated by a select committee, who would have reported a'gainsi the bill, if it had contained anything injuriously affecting the public interests. Tiie Council, itself, had likewise, after a long and interesting discussion, expressed a very decided opinion upon the subject, and he trusted it. would not now consent to unnecessary impediments being thrown in the v.ay of a measure which he believed would be of great public benefit. Such a course would tiiscourage independent members from taking dinvixe of many measures .of considerable public utility. r

Mr. Hall enquired whether it was under the sanction and authority of the Government that the proposed regulations on the subject of the Waste Lands had been published in the Lyttelton Times in such a manner as seriously to mislead the public with regard to the position in which the question now stood. Mr. Tancred rose to reply—lt was hardly fair to ask a question of this nature without giving notice beforehand. But he begged to say that the Government was as much surprised as others. By some inadvertence the regulations on Waste Lands were headed in such a way as to lead persons to suppose they were published by authority, and as if they appeared with legal force. The Government have written to the Editor on the subject, and it was even a question whether he should be summoned to account for the heading alluded to, but it seemed so clearly a case of inadvertence, that it was thought sufficient to caution him, as it is manifestly a breach of privilege. Having stated th:it it was not by direction of the Government, but by the Editor that it was made public, he need only add that it is not intended to take any further notice beyond the communication with the Editor. The House adjourned fat half past eight o'clock. ' WEDNESDAY. Members present; Messrs. Tancred, Bowen, Rhodes, Hamilton, Hall, Cookson, Bealey, Packer, and the Speaker. Prayers were read by Rev. O. Matthias, at eleven o'clock. Communication between the Port and the Plains. Mr. Tancred gave notice that to-morrow he would bring in a Road Commission Bill; the bill would empower the Superintendent to appoint a commission to report upon the best line of communication between the Port and the Plains; giving them power to collect evidence, examine the country, &c. Mr. Hamilton stated that the plan at present in contemplation was to name on such commission, five gentlemen, practical men, engineers and surveyors, who had had experience here and at home, and a sum would be placed on the estimate for remunerating them while attending on the commission, and enabling them to make a full and satisfactory preliminary survey. Perhaps about 2 guineas a day would be allowed to each of the persons forming the commission, and altogther a sum of about £300 would be placed on the estimate for this service. In fact the question of how so large a sum as £10,000 or £15,000 would.best be spent on the communication between Lyttelton and the Plains, was of such importance, that it were worth while to incur an expense of £500 or £1000 even, in order to secure that the remainder should not be wasted on an undertaking afterwards to prove a failure. Cattle Tuespass Bill. The house resolved itself iiito a Committee. Mr. Cookson in the Chair. The consideration of the Cattle Trespass Bill was resumed. Schedule D having been read, Mr. Tanckkd said, some difference had been suggested as necessary between the charges to be allowed for driving large Cattle, and the charges for swine, sheep or goats. Mr. Hall proposed that a maximum sum should be fixed, so that no charge for driving cattle should on the whole exceed £5. Mr. Takcred thought this sum too small for driving cattle in some instances; however he would accept it, and introduce it in the clauses. Schedule D then passed. My. Tancheu said that Schedule B, describing a sufficient fence, was the next to be considered. T». ascertain facts, and the dimensions of existing fences, behind requested the attendance of Mr. Wilson, and would propose that his evidence be taken on the subject. Mr. Wilson appeared at the bar, and was examined. Mr. Tancred. What would be a fair height for a post and rail fence ? A. Three rails, tliree feet six inches high, would restrain ordinary cattle. I have not measured any fences, but I know ordinary Cattle will not take a fence 3ft. 6in. high ; that is the height of the fences about the town, but there are some exceptions ; some may be 4ft. and some 4ft. 6in. high, but I have never known any trespass over" a 3ft. 6inch railing. Q. You have had some experience : would 3ft. 6in. in England be sufficient ? A.

I liave been extensively engaged in Ireland and there 3ft. Gin. in height, with 9in. in the ground, was found-sufficient, and I never knew sheep or cuttle to trespass over such fence. Mr. Tailored on the ground of Mr. Wilson's evidence then proposed that the Schedule be altered to 3ft. 6in. Mr. Hamilton thought the community should at once obtain all the evidence necessary from Mr. Wilson so that he might not be detained at the bar. Q. Do you consider Bft. the proper distance for the posts, or would not 9ft. answer? A. Nine feet would be too far. Q. Are there fixed dimensions for mortices in the post T A. Yes, sin. depth of x mortice, which allows 2&in. for each rail, and from 9 to 12in. deep in the ground. Mr. Hamilton-. Q. Is it to add to the stability of the posts that you would recommend three rails ? J. No ; but because cattle otherwise would go between. Q. Are there not fences with only two rails 1 A. Yes, there are. Mr. Tancred. Arc rails generally cut to 8 feet length f A. All rails are cut 9 feet to allow 6 inches for entering the mortice at each end. Mr. Bowew stated he measured some railing bordering Mr. Todd's land, near Hagley Park, and found it 4 feet 9 inches high, and on the opposite side; Mr. Russell's rails were 4 feet 5 inches, with only 2 rails. Mr. Deans's fences where the ground was uneven, had two rails, averaging 3 feet four inches high. This was a very substantial fence, and he had not heard of any trespass across it. Mr. Bealey: But ithere is no crop on the other side to tempt cattle over it. Mr. Hamilton thought two rails of timber and one rail, if he might "so speak, of wire (laughter,) would be a good fence. He^ would wish to have the fence more minutely described than in the schedule C .- viz., that it should be of substantial materials,-properly bedded, and of the proper dimensions, otherwise we should have as much difficulty in the courts as is now ' complained of. After some further remarks, the schedule was adopted. The next Schedule, describing the wire fences, was then read. . Mr. Hamilton stated that as wood rots, andiron wire rusts, bye and bye this fence would not resist pressure, even from a rat. Cattle and horses could not see dark coloured wire; he would move that the wire fence be painted of a white colour, and as in other cases' would add the word " substantial." N The wall fence Schedule was then agreed to, with some alterations; as were also the live fence, and other description of fences. _ The Schedules connected with the Arbitration clause, and describing- the pound-keeper's book, were passed ; also the Schedule regulating the charge for food for cattle'impounded. The interpretation clause, after a few remarks from Mr. Tancred, was adopted. [Further proceedings in our next.]