Provincial Council.

Lyttelton Times, Volume V, Issue 273, 13 June 1855, Page 4

Provincial Council.

Tuesday, June 5. Present—the Speaker, Messrs. Barker, Fooks, 1 J. & S. Bealey, Hall, Donald, Hamilton, Sewell, Thomson, Ollivier, Westenra, Biittan, Packer, and Cookson. Mr.1 Hall moyed for the production of a re* port in continuation of other reports already laid on the table, from Mr. -Torlesse. M'r. S. 'Bealey moved for a return of the attendance of the Resident Magistrate at Christchurch. Frequent complaints were made by suitors in the Court of their inability to ob>tain,justice from the constant adjournments 'which "took place,~ owing to the non-attendance of the Resident Magistrate. It was important 1 that some' remedy should be provided for this fruitful cause of complaint. The court was so ■ far unlike a Magistrate's court in England that | it possessed authoiity in civil as well as ciimii nal causes, and great inconvenience was felt by persons arising out of the loss of, time attending the Court. Mr. Hall seconded the motion. Dr. Donald asked if the Council had any power to enforce the return it was about to ask for. ' Mr. Sewell thought the return should mii elude the attendance of the magistrates generally unless the remarks of the hon. gentleman were to be construed into an implied censure i upon his, hon. friend the Resident Magistrate. The house ought to bf ar in mind that the magistrates' court was composed of oLher magistrates besides the Resident Magistrate; that the onus did nut rest solely with him, although it was sought to cast it upon him. The office \vas moreover an unpaid one, the .salary being paid for another and a totally different office. If a complaint could rest anywhere it would be that the |Resident Magistrate did not receive that amount of assistance from the local magistrates which he was fairly entitled to. Capt. Westenba. said he had filled the office of magistrate for 'three years, and had been tolerably constant in his attendance. He could bear testimony that the Resident Magistrate was not very frequently seen at Christchurch. Mr. Pajcker complained that the Court was a nullity. He was at a loss to understand why, the system of rotation could not prevail here ffi in England. There was an inconsistency in appointing one person to hold the offices of Resident Magistrate for both towns, Lyttelton and Christchurch. ' Mr. Hall said the case of magistrates in England was altogether different from that of a colony.' There, the office was filled by persons of leisure, here eveiy magistrate had nume-

rous demands upon his time, not the least of which was his,persorial pursuits. ' Great inconvenience, therefore, would arise to - those who attended the Court, and found the Resident Magistrate absent. He had heard repeated complaints .upon the subject, and had frequently adjourned the court in consequence of the absence of another magistrate. 1 < > - Mr. Hamilton moved an amendment that the return should also include the number of the Resident Magistrate's.sittings in Lyttelton also, and that it should distinguish the number of civil from' the criminal cases in both places, and*the decisions arrived at. The hon. gentleman went very fully into the question, and defended the Resident Magistrate from the imputations which bad; by insinuation at least, been cast upon him. He contended that the return would shew- thatthere was no laxity in his Attendance at Lyttelton at lrast; and that the growing demands upon the Resident Magistrate's duties-were such as to monopolise the greater-portion of bis time.,, The Court'was made a convenient vehicle for the collection of small debts, and that alone had greatly augmented its business. , , ' Mr. Thomson seconded the motion. He had wished the hon. gentleman had added to the', return the attendances of the other magistrates , also. It |would perhaps be found that there were others who enjoyed the dignity without , much care to share the labours of the office. After a few words from Messrs. Brittan, Jo i Bealey, and Sewell, the amendment was agreed to. Mr. Bbittan moved the Ist reading of a bill to amend the Provincial Council Extension bill. The bill which had been passed during the last session gave the voters for the town of Lyttelton votes also for the Country district, and this was manifestly not intended. Mr. Haix seconded the motion, when the bill was read a first time. Mr. Oixiviek asked the hon. gentleman, Mr. Brittan, what course was intended, to be pursued by the Government for the .future guardianship of lunatics. He, had underStood that these unfortunate persons were inmates of the gaol, and" although he did not question for a moment that their treatment was as humane as the circumstances of the case ad-' mitted of, yet it would be evident, he thought^ that the gaol was not the proper asylum for such cases. There could be no' hope of any curative mean! being adopted there. He hoped to hear that the Government contemplated 'some" system of separate: treatment,'and which he ventured toi think might.be/carried out upon the self-supporting system which so .generally prevailed in! England.' He wished also to'ask if any further steps had been taken in reference to securing a free grant, of land for the purposes of an asylum. - Mr. Bbittan said nothing could be more unsatisfactory than the present system. But the establishment of an asylum was a costly matter," and the means of the Province was perhaps hardly adequate to such a work at this moment. The Government had applied for a grant of land on the Lincoln road, and until an answer had been received to the application, they could take no further steps. The opinion prevailed that such an asylum could be made self-supporting, but it would require,a duly qualified manager—-happily in that there would be no difficulty,; he believed there' was a gentleman in the Province already who possessed all tie qualifications and experience necessary for the bffice, —but assistants were needed, and a plant would hare' to be provided, all of which ' woulHnvolve a large outlay. Humanity, however, dictated, that some sacrifice should be madeW the accomplishment of so desirable au end as tiie restoration of these unfortunate sufferers to reason. Nothing, however, could be done until t% answer had been received from the GeneralGovefnment. Dr. IjpNALD expressed himself pleased to hear the intentions of tbe Government, but felt some surprise that, as the administrator of Charitable Aid and the Guardian of Lunatics in the Province, to communication had been made to on thekubject. Mr. Olivier moved that a respectful address be presented to His Honor the Superintendent, pra^ng that a vote be placed on the Estimates foi a sum of money in acknowledgment of ih&services of the Chaplain to the Council. \ X Mr, Hall kconded the motion, which was agreed to. \

The house then went into committee on the Estimates, Mr. Fooks in the chair. ' "', After a very lengthened discussion, the sums of , ' , . £200 was voted for the Provincial Treasurer, 100 for the Provincial Auditor,' - ' 100 for the expenses of the Supreme Court) 425 for the Besident Magistrate's Court, 887 for the Police department. . , The chairman then reported progress; and the Speaker resumed the chair. Several notices of motion were then' given, when the house adjourned at half-past eleven. Wednesday, June 6. Preseut—The Speaker, Messrs. Fooks, S. Bealey, Hall, Donald,,. Ollivier, Hamilton/ Cookson, Sewell, Thomson/ Westenra, Brittan, and Packer. ' Mr. Fooks asked what progress had been made in the investigation'of the accounts of the Canterbury Association., The .committee was appointed on the 15th April last; on the Bth of May it obtained leave to extend the period for » its report until the 15th of May. A further extension of time was granted, and that had expired/ and no* report had yet been presented. He desired to call the attention of the house to the circumstance,'as such a practice as was here established was calculated to bring the standing orders of the house into, contempt. TJn» less some,satisfactory explanation was afforded - to the house, he was prepared to bring forward a motion on the subject. ~ Mr. Paceeb said the committee had many difficulties to contend with; not the least of which was the pressing business before the house: They had asked for a further extension 1 of time until Tuesday, when he believed the report would be brought up. Mr. Sewell said he had not been the cause of the delay. On a former occasion he had asked the house to allow him an interview with Mr. Marshman; for the purpose of removing some of the differences, which were on the face of the first report. That interview'had taken place, and with very satisfactory results. Mr. Fooks expressed himself satisfied with the explanation; and the time applied for was subsequently granted. - - * ,'- v • • ' • Mr. Sewell then moved that the' Committee of. Supply be, instructed to consider the propriety of placing upon the estimates a sum of £200, for the purpose of constructing the -streets, roads, and drains of Lyttelton, and a like sum for Christchurcb.—Agreed to. Mr. Sewelx then moved for a of a summary of the accounts, showing the mode in which the money voted for the purposes of Immigration had been expended.—Agreed to. ,Mr. SEwuiJ^tuei? rose, in the name of the Speaker, to move that the Committee of Supply be instructed to consider the propriety of placing upon the estimates a vote of £200 towards the. Patriotic Fnnd.—Also agreed to. ♦ The Census Bill, after a desultory discussion, was then read a second time on the motion of Mr. Brittan. The amended Provincial Council Extension Ordinance was also read a sscond time, aud ordered to pass into committee to-morrow. The house then resolved itself into a Com* mitteeof Supply;-Mr. Cookson in the chair. A very lengthened discussion, but of a desultory character, took place upon the item relating to immigration; ultimately, the vote of £2,100 .was passed, as was also the vote of £1,000 for the purposes of education.* Mr. Hamilton proposed and carried a resolution annexing to the vote the condition that the money should be expended in accordance with the Ordinance,^Session 3, No. 10. The Chairman reported progress. The Chairman having resumed the chair, several notices of motion were then given, and the house adjourned at half-past two o'clock. Tliursday, June 7. Present—The Speaker, Messrs. Simeon, Westenra, Fooks, Hall, Ollivier, Sewell, Brittan, Packer, Barker, Thompson, and Dampier. On the motion of Mr. Bhutan, the Empowing Ordinance was read a third time and passed. The house then went into committee upon the Census Bill; Mr. Fooks in the chair. Mr. Bkittan moved the adoption of clause 1. Mr. Seweix objected to the power which this clause arrogated to the provinces, the ' power^ to repeal all existing ordinances of the ! Geueral Legislature having reference to a cen- ' sus. The Provincial Council was not a General ' Assembly, and had no right to attempt the ex*

e;cise of such authority. He observed that the form in which the census was proposed to be taken was not only different, but the period of the year had been > changed; if one thing was more essential than another, as regarded the census, it was of course essential that should there be an identity in the operations of all the provinces,—that for the purposes of general statistics the returns should be called for on a uni- . form given day. , The 31st March had been fixed bythe General Government, and the bill before the committee sought to alter that to the 15th January. This was an interference with the authority of the General Government, which he thought was altogether uncalled for. j Mr. Hall objected to the reasoning of the , honourable gentleman. If the bill really did interfere with the ordinances of the General ! Government, there would be great force in his argument, but it did not, except in so far as the 1 date was concerned. The bill required returns to bemade in the pastoral districts and by the native population, which the old ordinance did not provide tor. It would be manifest that considerable difficulty would attend the procuring of these returns. It was therefore proposed to give power to send collectors round to' obtain this information, wliich would be done with as near an approximation to the time as possible. In January the returns would be more ample than at any other period of the year. The stock' of sheep would enable them to arrive at an approximate estimate of the amount of the wool crop; and at that time the whole of the agricultural districts would be in full crop, and there would be no difficulty in obtaining the returns they sought for; whereas, in March there would be no land under crop at all. Mr. Thomson suggested that the words " so far as relates to the, Province of .Canterbury" should follow the word repealed in order to meet the objection of the learned member for Lyttelton. Mr. Sewell said his objection was a fundamental one to the bill itself. The suggestion was agreed to. The several clauses were then discussed, , seriatim , and passed after a few verbal amend* < ments of an'unimportant character. The bill having been reported'to the house, — The'house'went into committee on the Estimates; Mr. Fooks in the chair. v £570 was voted for the Provincial Engineer's office'; £8,840 for Public Works, after a very desultory discussion. * The only variation from the vote of last session was the grant for the Sumner road, which was, put down at £6,000 in the place of £10,000. On the question that £1,000 be voted as an. encouragement for steam navigation, a very animated discussion sprung, up, but the vote was subsequently postponed, in order, to ascertain if any tenders had been sent in to the office of the Provincial Secretary, in compliance with the terms of the advertisement. The Chairman afterwards reported progress, and the house adjourned. On Friday the house did hot meet.