THURSDAY, APRIL 16.

Lyttelton Times, Volume VII, Issue 466, 22 April 1857, Page 4

THURSDAY, APRIL 16.

The Council met at 5 pin

Present: The Speaker, Messrs. Barker, J. Bealey, S. Bealey, Brittan, Bray, Cookson, Dampier, Davis, Fooks, Hall, Moorhouse, Morgan, Moore, Ollivier, Packer, Rhodes, Thomson, 'fancied, Ward, and Westehra.'

Mr. Packer laid on the table a return by the Provincial Engineer of the public works executed throughout the province during 'the past six months. Also, a statement of the Canterbury Debentures account.

Mr. Moorhouse brought forward a petition from H. J. Cridland, containing certain allegations against W, G. Brittan, in whicli the petitioner requested the House to investigate some circumstances wherein he considered himself injured by Mr. Brittan in his capacity as Chief Commissioner of the Waste Lands Board.

The petition was read. On the motion that the petion be received, *

Mr. Thomson objected. The allegations were not against Mr. Brittan as Chief Commissioner, but as a private individual, and there was a proper tribunal at which such allegations should be preferred. The Council could not interfere.

.Mr. Packer assented to Mr. Thomson's views. The case, had come before the Waste Lands Board; and they had been obliged to consider the question beyond their jurisdiction. Cases of private, agree-, ment constantly came before them in which the board was requested to interfere but could not.

Mr. Ollivier was obliged to differ. A few days ago a petition had been received containing allegations against a gentleman for injuries doce to the petitioner in his private capacity. That petition had been read and received. , '

Mr. Dampier would suggest that the petition should not be sentback by not.being received but .should be ordeied to lie upon the table, that: the gentleman against whom the allegations were made, pr hop. gentlemen on his behalf, might have an opportunity of taking such steps as, might seem fit in his justification. ,

Mr. Fooks seconded the amendment. From his own knowledge he could state that the petition was a foul and calumnious libel. The case had come twice before them at die Waste Lands Board, and had been dismissed by them. &a.The , Speaker intimated that by the Standing Qrders the amendment could riot be put. Mr. Hall protested against the doctrine laid down by Mr. Dampier, that a public officer could not be brought before the House by a private individual.: This was not the proper tribunal ; such- a charge should be first brought before the Superintendent. If the' petitioner failed to obtain jiistice there, then he might come to this House.

Mr. Tancred believed th^s was the proper tribunal.. He knew Mr. Brittan well enough to refuse to believe the allegations against him.' The Council was the proper tribunal inasmuch as they-could' .refuse to vote asalary to that individual. 'Besides this the Council:was the natural receptacle for all public grievances. Whether ,the allegations were true or false it was equally the duty of the friends of'the honourable gentleman to allow investigation. " Mr. S. Be^ley thought if there two (tribunals, i this House was the proper one to choose^ just' as a jury was' a more impartial body to appeal to than a judge. Nothinghad been proved on either side inth'is case. Now the petition was made so far public, it ought to be open to complete investigation. Mr. J. Be ale y. thought it was not properorcpm- . petent for the Cou'uiil to decline to receive the petition.- It wonid at qnce be said that the Council refused to go into accusations against a hi fo *h official merely because of his position.. He thought th e petition- was somewhat informally brought befor ' c

them, but lie could not conceive it his dntvtnTT" to consider it.- ; •' J lo™nise Mr. Moorhouse said he was not Mr. Cridla adviser: if be had been, taking for granted n trutli of the statements, he would have recornm ded that the case should be brought into the s"' preme Court; he pressed the motion, not becans 1' believed theallegations true, but because it was^ I duty of even the greatest friend of Mr.-Brit tan t help the investigation of them, i . °

The petition was received

In reply to Mr. Fooks, Mr. Moorhouse state! that, if .the House thought proper, lie woukPfoil up the matter by moving for a select com m ft t( ,ce °W f enquiry into the allegations of the petition. Mr. Ollivier moved for a statement of a terms of engagement entered into between the p^ vincial Government for the Immigration Agent a°i the members of the • metropolitan nolice f or recently sent out to this province. Agreed to C Mr. Ollivier then moved an address to M Honor to place upon the Estimates a sum of mone to meet the claims of the Licensed Victuallers. At the time of the change of licenses last yeir tl license fee paid was the larger amount due under the previous law, and their privileges were im me diately curtailed by the operation of the Ordinance at present in force. The difference between the former payment of £4:0 and the reduced payment of i£3o was the amount he now applied for. Mr. Thomson seconded the motion, which was carried.

Mr. Fooks moved the second reading of the Canterbury Associations' Reserves Ordinance. It provided for the removal of the Slaughter House from the town.

Mr. Ollivier objected to the bill unless an absolute site was provided for the-purpose. The Slaughter House Ordinance forbade any cattle to he slaughtered within three miles of any town, except in a place reserved for the purpose as this is. Butchers had spent money in improvements and their interests would suffer if this site were taken from them, unless another was provided. Allex~ penses of removal of their accommodations ought to be guaranteed.

Mr. Brittan showed that this bill only authorised the Executive to sell the abhatoir, and affirmed the necessity of its being moved. It had been pre= viously proposed to remove" them, and it was now more necessary th<m ever, since by the same ordinance that was now proposed to be amended, the land on which the abbatoir stood was town land.

Dr Moore gave testimony as a medical man to the necessity of the removal of the abattoir, as lie would state positively that it was not fit for any human being to live in the neighbourhood. If not removed, stringent precautions ought to. be taken to preserve their slaughterhouses clean and in good order.

Mr. Bray moved as an amendment that the 2nd reading should be deferred until a new site should, be provided.

Mr. Ollivier? seconded the motion., In reply to asuggesiion from Dr. Barker that a clause should be introduced-into the hill providing that a site should be procured before the present revenue was sold,

Mr. Brittan said that" it would be much preferable, if a new site was required, to put a sum for that purpose on the estimates, and not encumber the bill with such a clause.

Mr. Rhodes pointed out that the only real objection was the danger from driving through the town ; for, as to cleanliness, that could easily be provided. Now.all the country would, in course of time, be as thickly populated as the t .wn at present was. It would hot do to have many slaughter yards; but let one be established by Government in some convenient place, and kept perfectly clean. There were many instances of towns having slaughter yards in their centres, without any ill effects.

Mr. Ollivier pressed the importance of providing a fresh locality before disposing of the present site to which the butchers had a title. Messrs. Barker. Thomson, Dampier, J. and S. Bealey, Packer, Tancred, Bray, and Hall, took part in the discussion.

The amendment was then put, and on a division was carried by a majority of 11 to 9. The second reading was accordingly deferred. The Kaiapoi Town, Bill and the Cathedral Square Bill were read the second time.

RESIDENT IfAGI3TRATES APPOINTMENTS,

The House resolved itself into committee, to resume the debate adjourned from the previous day, A series of resolutions proposed by Mr. Tailored in reply to; Alessage No. 3, were then read. Mr. Tancred rose to move the;firs.t resolution. It was intended not to express any opinion on the question, for it' seemed from the Message that no, opinion would be permitted. He would not say either that he had doubts or had not doubts, and what he wanted was to devise means for get ing a Resident Magistrate, and put an end to a state of things full of injury to the public. - Mr. Bray seconded the resolution,-which he considered unexceptionable. The resolutions which followed were, not so, however, for they expressed

Soubts. If there were any doubts as to power he thought it was wrong to ask his Honor to make apbointinents. He wished that all the resolutions were compressed into this one. r The debate was proceeding when a message was Lnounced from His Honor the Superintendent. these messages were handed to the speaker and bad by him. I The first, No. 4, transmitted an offer from Messrs. Miles Kington and Co., of Melbourne and Bristol, Lhrou <rh Mr. Banks, to establish an agency for the province in Melbourne and England, for the sale of land and the transaction of other business ; which his Honor recommended the Council to accept. [ Message No. 5, transmitted a despatch from She Colonial Secretary referring to Military SettlersI- 'rjie third Message was as follows.

Messagej,No. 6 April 15th, 1857. Refering to his Message No. 3 on the subject of he Resident Magistrates, the Superintendent lesires to draw the attention of the Council to cerain Acts of the General Assembly, entitled.' The Provincial Councils Powers Act, 185.6,' and ' The 'rovineial Laws Act, 1856.'

The former of these Acts, which has been reserved for her Majesty's pleasure, specially emwwers the Superintendent to alter ' the civil jurisliction of any Court of summary jurisdiction to the unount of £20.'

The latter act validates all ordinances theretofore lassed, which would have been valid, had the former act been in existence when they were passed.

The Canterbury Empowering Ordinance is herefore, in fact, especially validated by an act of he General Assembly, and the doubts which have leen raised ans at an end..

The Superintendent regrets that these acts shoul d have escaped his notice before, and that he should bave been Jed into error by the tone of the despatches from his Excellency's Ministers, who appear to have been equally unmindful of the legislation of last session.

The Superintendent will therefore issue C.omnissions to the Resident Magistiates, so soon as he shall learn that the Provincial Council intend to rote the necessary expenses for the department.

James Edward FitzGerald, Superintendent.

Messrs. Tancred, Thomson, Brittan, and Ollivier, joined in a discussion upon the tenor and results of :his Message, the consideration of which was agreed to be taken on Friday. Mr. Tancred witLIrew the remainder of his resolutions.

After various notices of motion the House adjourned.