Provincial Council.

Lyttelton Times, Volume VI, Issue 357, 5 April 1856, Page 6

Provincial Council.

Tuesday, April 1. The Speaker went to prayers at 5 o'clock: Mr. Hamilton asked for leave to bring in an Appropriation Bill, Granted. The Prov. Secretary would ask leave of the house to postpone the Roads' Offences Bill, and to move the house into committee on the Roads Bill. The house then went into committee, Air. Dampier in the chair. Clause 16. Mr. Ot/livier brought forward the case of Mr. Moore, who was the owner of 50,000 acres of land. Supposing there should be six small occupiers in his ditrict, they could swamp his votes, and compel him to bear a most unfair amount of taxation. Mr. Moore had become a- great benefactor to the colony, and it would scarcely be fair to suffer him to be placed in such a situation.

The Frov. Secretary acknowledged that it was difficult to legislate for particular cases. Mr. Hamilton did not think that the inhabitants of the colony were to give up their roads Cor the sake of individuals. A*'\ to a person who bought a large quantity of land being a public benefactor, he also was his osvn benefactor ; he bought the land for hi* own sake : he (Mr. II.) thought that quite sullieient provision for individual cases had been made. The Prov. Secretary eniil that the Government had <^iveil their consideration to th.c fact o r certain districts being of great size, and would introduce a clause lo the effect, that on a petition to the Superintendent; the district might be dhided, and the rate-

payers would'elect way wardens, and ail the machiueiy of (.ho bill would be iv action in eucli divisions. The clause then passed. Clause 17. Mr. Ollivier thought that the machinery attempted to be here introduced would bu very complicated ; he thought that the Superintendent could appoint the first officer. He would move an alteration in the clause. Dr. Donald supported the amendment. The house divided and the amendment was lost by 7to 4. The clause stands. Clauses 18 to 25 inclusive were passed. In clause 26, in addition to the notice being posted in three conspicuous places, it was amended by consent, that in addition the notice should be given in a public newspaper. In clause 27, Mr. Ollivier wished that the expenses incidental to the way-warden's office could be paid out of the rate, as the clause stood no provision was made, and the incidental expenses would gradually accumulate. The Prov. Secretary had no objection to the spirit of the amendment ; it. had been thought that the way warden and collector would generally be the same person. The clause was amended and passed. Clauses 28, 29, 30, 31. were passed. Clause 32. Dr. Donald thought that in the case of towns it would be the better plan to assess the buildings for the purpose of rating them, than merely to keep to the acreage rate. Iv this proportion, Lyttehon. containing 600 quarter acre sections, valued as acres would. raise only £30 at Is. per acre ; a sum totally inadequate to the purpose of repair of streets. '1 he Prov. Skcretauy thought that the plan proposed by the lion member was subject to inconvenience. Clauses 32 to 37 passed with slight amendments. j Clause 3 8. Mr. Bowi-n considered it dangerous to allow the land\>f absentees to be sold for the payment of the rates. Dr. Donald agreed with the lion, member, it was in his opinion putting the power of confiscation in the hands of one-eighth of the inhabitants of a district. Many causes might prevent the rate from being paid. The title to the property might be in dispute, the owner might be a minor and no guardian appointed ; the succession might be in dispute; the penalty of confiscation was altogether disproporiioned to the neglect of payment of r.tes. Mr. S. Bealey said that it must, be borne in mind that the question related to the land of absentees, who were the worst kind of owners we could la\e. The Pitov. Skcketaky agreed with the last, speaker in principle, there would always be persons who would evade tlie rates, he thought that there was no alternative but to pass the clause. An amendment was proposed which left out the power of sale of land for rates not. paid, which was carried by 7 to 5, Clause 39 not now being required, in consequence of the foregoing amendment, was expunged. Clause 40. Mi. Oi.Livr.En thought was quite uncalled for, he thought no one would refuse permission for the engineer to conic on their property fur Ihe purpose of taking levels. lie would move the omission of the clause. Mr. IJamii/i\ n, explained that it was a very con,inou thirtr to obstruct surveyors, not armed with lfL'.al authority, and instanced the various ruses that had to be practi.MMl to get a set of levels for a railway aero.-s i In? land ofan opponent to the mea.-ui c. Mr. JiLAKIsToN, would extend the pro-ti-ct:on io tin: assessors and umpire a';.- o. i lie clause passed. '• •• Clause 'i i. Mr. Ol.LiviEii considered that a most dangeious principle, was here endeavoured to be'introduced in forbidding

a ditch to be cut out o<* the road. The practice had hitherto been on the public roads same as that between individuals; the ditch had been taken out of the road and the earth thrown up as a bank on the land, the principle was the same as two individuals fencing. Last session he (Mi. O.) had introduced a fencing ordinance, which at the request of the Government had been withdrawn ; the Provincial Secretary undertaking to introduce one at. an early opportunity ; this vas in fact a fencing ordinance introduced under the guise of a oads Bill. It would drive people to construct the ditch on their own land and throw the earth up towards the roads. How then were the roads to be drained without breaking into these ditches, and thus infringing private property? lie himself looked upon such a course as wholly unjustifiable, and he was borne out in hi* idea by a gentleman learned in the law, who hud given his opinion on this point. The language made use of was vevy strong, he believed even going to the extent of saving, " I'd shoot any man who attempted to force his way on to the land." This was quite a new principle to introduce into the bill, and quite altered its 'character. He should move the omission of that part of the clause relating to the ditch over the road.

Mr, Blaktston seconded the motion ; it was not possible to drain the road without, digging the dilch out of it, and the practice had been recommended by the Provi cial Engineer. Mr, Hamiltox objected to the omission ; it was not good to make a bad practice into good law ; he denied the assertion that praciirie made law ;no man had a right to obstruct the public roads ; the practice had caused the roads of the province to be narrowed to a degree in nianv cases dangerous- Those who had cut ditches out of the roads had done it for their own benefit, not for that of the public. The taw was clear that no private person had a right to make use. oft lie public land for their own service, any more than the public had a right to the land of private persons. The practice has been bad. and in a few years the colony will feel the ill effects of it. Dr. Barkis R. thought, that if the government could get the roads made for nothing, it would be an advantage. The Provincial Secretary said that the Provincial engineer had power by the bill, if he saw fit, to allow the drain to be dug; but to say that any private person had power to go on to a public road, and dig ditches without limitation, was a proceeding fraught with such great inconvenience, that they should pause before they allowed any alteration in this clause. Mr. Ollivikr thought that the practice between individuals should hold god between private parties. :uid the Government. In Tact, the Government were saving los. a chain by having their ditches dug for them. If the roads we're made by the Provincial engineer, he would' make a ditch precisely in the same spot Mr. Hamilton instanced road* where in consequence of the soil from the ditch having been put on to private land, instead of thrown into the mad to raise it. that the road itseli had become a ditch in fact. The house divided, when tlu: amendment was lost by 0' to 5. The clause was amended by consent to read a* follows : — :If any person shall, witlmut liie permission iof {lie- Prorinrial aujimo-, dig \c. ' The clause then pu sed. Clause 12 passed. The speaker resumed, and ihe chairman reported pi ogress. Mr. Davis called the attention of the govensiiKM.i to the position of the inhabitants oi'Akiiioa. had had the blidges in the town deslrovid by the late Hoods. The. main street was impassable. lie said that the timber lot repairing the bridges was

ready ; they only required a paltry sum of £132 to r«-build them. The Provincial government had not yet ."pent one shilling on Akaroa. There was also another paltry Sinn of £50 wanted for a bridle-path to connect the town with some of the bays. He considered that the great wealth'of the peninsula had been overlooked, that the proposed »rant would be the means of opening to purchase large tracts of very valuable land, and he had heard of two or three large purchases about to be made in the place, lie would move that for these purposes a sum of £'300 be placed on the estimates.

Mr. Wabd seconded the motion. He thought that the money was much wanted. It was different to a grant for making bridges, this was for replacing them. He thought that the people of Akaroa were entitled to great credit as having- hitherto made their own roads. The Pftov. Sf.crktaky said that the tenor of the motion had his hearty concurrence. It was, however. hir- painful duty to hesita'e. They had already voted more than they actually had for income. These works had not been placed by the Provincial enirineeras of paramount necessity. As to Akaroa beins; neglected, the hon member must recollect that 4:700 had been spent, on the road to open the communication to the town. If any money were to be voted, he did not know where it was to come from. Mr. Hamilton said that their presumed income was £1000. available for public works ; they had already voted about £6,500 for this purpose. The public generally did not seem aware, that these grants were made onthe understanding that the funds were fortllcoming; th^y were contingent on the income. If. therefore, after having been voted in council, the money was not forthcoming, the public seemed to entertain the idea that it had been filched. The thing was impossible to be so. Should there beany amount available in the course of the year, he had no doubt the house would bear them harmless by a supplementary vote if they applied it to she purpose under discussion. Mr. Davis was much pained by what be heard. As to the road spoken of. it would cost £7000 to finish it, and it was looked on with contempt by the inhabitants of the Peninsula. Ihe Pkov Skcretaky said that it might, satisfy the lion, member, if he assured him that, if they were in a position, from the accession of funds during the year, to do anything on this subject, they would do so. Mr. Davis accepted the assurance, lie then asked if it \v-re the intention ot government lo establish a iu-acon oil God.eV head, and a pilot station in Little Port Cooper ? Money had been voted for a b-acon, but no sleps had been taken to erect one. I Mr Hamilton said that the funds for the purpose of a pilot station, were not available at present. He would contradict the statement of the hon. gentleman that no steps had b,.ni taken towards the erection of a beacon. Before making such sweeping assertions in the house, the lion, member should have called for papers, or mad* a motion lor explanation, then be would have seen what steps had been taken. He would also b'ir ihe lion, member to abstain irotn iiilrodm iiiL, r ficsh matter in-.o the subject under discussion, as it placed the government in a very unfair pc.siiion, tix-y being unprepared wit!) any answer to new maUiT. I .Mr. Davis withdrew bis motion. | On the motion of Mr. Wakik :i sum of j £50 was j-b.ced on the list, for inridi;<.g bridges on tin- Kaiapcn and Marewood road. The house then adj-'U-ned.

Wtriiiiesditi/, April '-2. The Spcnkt-v wont lv pi avers at I i n v.\. Mr. (>l,i.ivir.rv brought up tin' rfpi-rt of the Committee to consider the claims of the

contractor? for raising the *' Alma." ihe report was read and received. The Speaker left the chair. The house Trent into Commit tee. The Prov. Skcretary moved that a sum 0f£1617 14>. lid. be transferred from the capital account to interest account to pay off the Ist year's interest on the Canterbury Association's Debentures. Carried. ! The Speakkr resumed the chair. The Chairman repotted the resolution of (he. committee, which was pu*. to the house, and agreed to be embodied in a memorial to be presented to his Honor the Superintendent. Mr. Oliavier asked the Provincial Secretary if it was the intenhon of the | Government to go on with the works on the j Lower. Lincoln Road. i The Provincial Secretary replied that the works, though temporarily stopped, were included hi those in progress, and would be goon resi.mi°d. The speaker then left the chair, and the house went into Committee on the Public House Biil. A discussion ensued on the preliminary clause of the bill, and Mr. Datis proposed that the wholesale quantity fcr spirits *h«uld not be less than 4 gallons, and for all other liquors 2 g-aiions. The amendment was negatived without a division. Mr. Ha.siii.ton thought that the best plan for t!ie wholesale licenses would be to expunge the clause altogether from the Public House Bill and if the Council thought fit to make the wholesale trade the subject of a separate enactment. The motion was carried without a division The house adjourned till Friday at 4 p-m