Provincial Council.

Lyttelton Times, Volume VI, Issue 349, 5 March 1856, Page 6

Provincial Council.

Friday, Feb. 29, 1856. After prayers by the Chaplain, Mr. Dampikr preset)let! a petition from Mr. Sidey, of Kaiapoi, praying fur leave to bring in a bill to enclose a portion of the river bed of the Courtenay. Seconded by Mr. Hall, and carried. The Provincial Siickktarv, in moving- the reply to his Honor the Superintendent's address, said that in the model which that hou«e aimed at imitating, it was the custom to consider the answer to the Royal speech as a trial of strength between panics. He did not know whether anything of the kind was intended on the present occasion ; hm he had heard no hint which would lead him to suppose it was so intended by any party. On the assumption that nothing ot the kind was contemplated, he would read the reply, and it might be discussed clause by clause, or adopted in its entirely.—The following reply was then read. " The Provincial Council thank your Honor for the address with which the present session has been opened. •'They take the earliest opportunity of conveying to jour Honor the expression of sincere sir row | in the illness which has prevented your Honor from meeting the Council in person,"und they earnestly hope that it may he the will of Providence to grant vuu a S i )ee( j v restoration to health. " The Council concur with viir Honor in the regret expressed by you at ln « retirement of Air (Joiiiey irom the Agency nf the Province, and they gladly avail themselves of this opportunity oS acknowledging with yourself tiie deep sense ol ohiijr.-iti.,!! for his long-continued and valuable Services. '• i t>e Council recognizes 'the circumstances rele.re.l to by your Honor,' as r.judniug it exponent to convene ihc Council at this time, h!i!| \ hL'.v assure your Honor that Uioy will give tiie:r r,e»t deliberation and judgment to whatever mea».i;e- tn:iy he submitted lo them." Tae itioti'iii was second.-,! by Air. Yancred. 31 . Hall made a lew obsrnj.ti,,its, expressive «t surtuw at the illness of his Honor, alter wascii the reply w ;u unanimously adopted.li.c li.c Provincial the:.! proposed mat tne JjpeHker, the Chairman of Cmmiitees, aud.UielProvincial Secretiuv, be appointed a deptnau.ii, to convey ihoreplv t,, his iJonor. Carried. The Provincial Secuktakv laid before the nouse, an uuthu,, o f the amount of business the Government mean, to hrin- forward ibis P IOIV . A lr C°"sisle(l ()(il P"h|i- loads' Bill,— a lu,au.s' O| ences Bill —a Bill lor the rcnla- K..n o. Pmmc H«,,s.. Sl —:.,„! „„ Kll , ish ul T ellcy . V, In »|V"« , il «'f the financial matters v>me, would be but Mor t lk , lu , he (lhtJ Pro . -. becretary) said tha, they shonUl bear in » HI the observations made by His iLu.or, that i 1 h -Yea 'S UU;Oll)e Wils i"sl -'"flit-ient to r.n. U i r if-"" " "^"^ :"'« Hial for education. >m.nifr ati. (il , and pu iiiio wu,k< tli.v Ind to jepe,,.l upon , he La,,,, Fund. A^-provlding . at the cose of tiu- „l eSßm |i llaiu:ia l Y ear laere uou.u pruoabty be a balance in the T"tea-

sury of about sor 000 pounds. A sum of about £1 700 had been advanced by the Treasurer of the Province, to pay lite livsi year's interest on the Canterbury Association's Debcitmes, and £<)0O u> pay o(I smile of the debentures. £800 had been repaid from the deposits on sales «f property acquired from the Association. A further .sum of about £780, would shortly be liaid in by the Genera) Government on account of the Furniture, &o. of the Laud Ollioe. Also shortly he expected that the purchase money for the buildings of the Laud Office, and shares of the expenses of the surveys, would be paid to our credit, when by an act of this Council a portion of that capital could be transferred to the interest account, and then appropriated to pay off the sum advanced to pay the first year's interest of the debt, and thus indemnify the provide for its advance. As to the Waste Lih'ids, the income for the forthcoming year seemed to him <o be doubtful. From a report of the Grown Commissioner, who remarks that one third lias to be deducted from the price of land sold, and one third from the pasturage rents, he (die Provincial Sec.) could arrive at this conclusion, that supposing ai: equal quantity of land to lie sold this ye»u\ as bist, that the gross income derived from the Waste Lands would approximate to £800. From all sources there would appear to be an income for the forthcoming year of about £3,000. It was the intention of the Government to recommend the continuance of the grant for Education, (Hear, hear.) This would leave a small sum for Immigration and Public Works. Under tiiese circumstances, he considered it necessary to have a select committee to consider the state of the Public Works, and to report to the Council the course they would recommend to be adopted thereon. This was generally speaking the prominent part of the business the government intended bringing forward this session, which he expected would not occupy nrore than three weeks, so as not to inconvenience members whose duties required their presence at Auckland for the General Assembly. He concluded by moving for a select commiitee to consist of Messrs. Sewell, Bray, Thompson, Hall, and Brittan. Mr. Tancreo seconded the motion. Carried. Mr. Thompson moved lor a select, committee to inquire into the administration of justice in the province. He thought that there could be no subject of greater importance. After alluding to the excessive difficulty of recovering a debt, even in the Supreme Court, owinjj to the delay of the judge coming .on circuit, and the cases being transferred to Wellington, he alluded to reports that were common topics of conversation in the place that would tend to shew that though the laws might be made for free men, yet the ordinances seemed more like absolute despotism executed in an arbitrary manner. It would be a fitting subject ol inquiry for the committee how far the liberty of the subject had beenjexpunged. He complained of the police,who were not satisfied with enforcing the laws when infringed out of doors, but took upon themselves to go into hotels on the look out for drunkenness. He commented on the fact of offenders against sobriety not being at once taken before a magistrate, but proeeededjagainst by summons some time alter the alleged offence. He instanced a n)an w ho had been brought 50 or (>0 miles, tlnee weeks after the offence, when he was lined £2, and lost 5 days'income owing to- loss <»f time. He disclaimed all personal feeling, his object was to discover where the iauh lay, and to uphold the dignity of the law by protecting the liberty of the subject.

Mr. Oi.livikk seconded the proposition. He wished this impotttmt investigation to take ]>lace. The police seemed either to {he acting under injudicious orders, or to be acting entirely according u> their own inclinations. He believed that the ri«rht of interference with the I'fciice lay mitside not inside the house. Mr. Skwki.l, thought thai such a wide subject :'s the administration of justice would take a much greater amount of time than they could possibly bestow on it, and would produce no practical results.

Mr. Tanohkd considered the lion, member's speech as rather unfair. Ii seemed an attack «n himself as R< Mdent Magistrate. He had no olvjt^otion, ho»w.'ver, to any inquiry. He deprecate'! brin<rni<>- forward mere rumours as evidence. One cause of tiie inelliuieni state of' t'>c police was their want of numbers. At Wellington they had twenty men; here only iive.

Mr. Thomson explained; he had nut alluded personally io the him. member.

Mr. Bkay thought the Committee might suggest some alteration in the working of the courts, increase their jurisdiction, and add a jury.

Mr. Skvvell did not wish to be on the Committee if it was to be a vehicle for bringing forward charges against individuals.

Mr. Dampikh agreed with the last speaker, hut thought that he had misunderstood the object of the motion. He thought that the method generally of administering justice in the colony was open to great improvements. Mr. Thomson explained.

Mr. Thomson's motion for the re-;tppointment of the Cattle Trespass Ordinance Committee was withdrawn, owing to the shortness of the

session. The House and Library Committee were reappoiuted.

Mr. Dampikr, in moving for leave to bring in a bill for the Regulation of the Beach ami River Road Reserves of the Province, remarked that at present it was impossible for a man to enjoy the advantageous use of bis land which he anticipated when be bought it. He could not erect a mill nor a wharf; be was, in fact, cut off from the water ways of the colony. His bill endeavoured to remedy this defect, without interfering with the right of the public to the use of the roads. He hoped that this bill, though not a government measure, would pass through its various stages coincident with the two bills introduced by tlie lion, member the Froviuci.il Secretary, io which bills his own was a companion. The Provincial Secretary would second the motion pro forma, but was afraid it would be labour in vain. The correspondence be had laid on the table shewed that ihe subject was one which the highest legal authority in the colonies declared was only in the power of the General Assembly to deal with. He thought that the lion, gentleman might save himself time, trouble, and expense, if for the present he would withdraw his motion. Mr. Ham. thought that it was no use making any laws relating to roads, as they were liable to be orerruled by the General Assembly, and that the plea of " waste lands of the Crown" seemed to impede all their efforts to legislate on the subject of roads, 6cc. He should, however, support the motion. After observations fron* the Provincial Secretary, Messrs. Bray, Fooks, and Packer ; — Mr. Dampier thought that if the bill was brought in and passed, they would have an opportunity o* obtaining an opinion from the officer of the Crown. This was not a similar case to the Mill-dam case; there it was a question of the bed of a siY&mt, waste laud of the Crown ; this was a leserve of the Canterbury Association. Leave was then given, and the House adjourned. There were 19 members present.

7\icsdai/, March 4. Our report of this day's proceedings has not reached us ; bul we understand the following to have been the principal business of the meeting1. The " Road Bill and the " Bill for Prevention of Offences on Roads" were brought in and read a first time. A petition from the contractors for raising the steamer " Alma," opposed by the Government, was refused on the ground of non-compliance with the Standing Orders. After several notices of motion had been given, the House adjourned to Thursday.

To the Editor of the Lyltclton Times Sill, —The best reply that can be made to that portion of your leader in Saturday's " Times" which refers to the ways and moans for carryingl out our Public Works and Emigration, is to set apart for such purposes the net revenue derived from Customs and Land sales, and to raise by taxation ' sufficient to meet the Provincial expenditure. This would touch every man's pocket, and lead to such inquiry as to how our funds are expended as assuredly to necessitate greater economy, and the abolition of unnceessary sinecures in our infautiue Settlement. I remain, Yours obediently, Shag-Roon.