Provincial Council.

Lyttelton Times, Volume VII, Issue 469, 2 May 1857, Page 9

Provincial Council.

Tuesday, April 28th. reply to the address. Mi*. Packer moved the following reply to the address of His Honor the Superintendent on opening the session : — " The Provincial Council thank your Honor for the address with which the session has been opened. 1. " They fully concur with your Honor that there is great cause for congratulation in the progress of the settlement during the last four years ; the stability of its trade and commerce, the progress of cultivation, the increase of stock, and the rapid accumulation of wealth, aye inr deed most satisfactory iudications of its growing prosperity. The Council cannot but attribute much of the advancement of the Province to the firmness and ability with which the Government has been administered. 2. " The Council deeply regret the continuance of the difficulties between the General and Provincial Governments. They agree ViUi your Honor that so long as this conflict of authority exists it is not safe for the Provincial Government to allow of any abridgement of its powers. 3. " The Council fully concur with your Honor that a special acknowledgment of i the services of Mr. Godley and Mr. Selfe is due from the Government. The Province has been placed under a very great obligation to those gentlemen for their disinterested assistance in repeated cases of emergency and difficulty. 4 " The Council are sensible of the great importance to be attached to an efficient system of Education, and they regret exceedingly that so jong a period has elapsed before any ■well-

' ~ ~7 "; . . ,;;; t;: .•.•••m-.'i in —' —rr 1 matured measure on thjg, subjept frfts tjepom.9 law. They assure your Honor that the delay wh.ich has occurred hap npt afjpen from lukewarmness or indi/ference, Jbijt rather from .a sense of the difficulty, attached to making any permanent provision for Education p.t ,a period, when affairs were generally so unsettled. 6. " The.Council .assure your Honor that jbhey will at all times co-operate w}th you in the maintenance of your privileges and powers, .and in justification of your appointments ntade under due authority of law! 6. " The Council recognise ,the unseemliness : ,of placing on the Estimates, year by year, votes for money for the outlay of the Superintendent, and for the expenditure of members jof the Council, and they agree with your Honor in the opinion that .permanent provision should be made for these expenses by an Act pf the Cpuncil." Mr. S. Beaxey moved the following amendment to stand in place of clause 2, which, after some discussion, was adopted:— •' The .Council concur -with your Honor ip. your estimate of the benefits which have resulted to the Province by the adoption of local selfgovernment ; and ,they are of opinion that the well founded complaints .which the proceedings of, the General Government ihave afforded to this Province will never cease until 'the .seat of that Government is .removed to a.more centpal positiqn." A rider to the amendment by Mr. Beajey was ,moved by Mr. Hali. as follows :—r " This .Council is of opinion that, .under the circumstances ,of the colony, Wellington is the .best adapted for the seat of-the General GovexTiment." ■ This amendment was afterwards withdrawn. The address was ordered to be presented by the Speaker, Messrs. Packer, Bnttan, and Moorhouse. COMMITTEE .OF SUPPLY. The j house then went into committee on the Estimates. Votes were taken for Charitable Aid .... £500 Sub Treasurer, Akaroa . >}93 Printing. &c. . . . ' . 700. Immigration .... 260 The committee then reported progressaod the House resumed, and immediately after Mr. Packer moved the house into committee on >the Cathedral Square Bill. Mr. S. Bealey moved that the bill be ooinmitteed that day six months. On a division, the numbers were for the amendment, 9; against, 9, Notices of motion were then given and the house.,adjourned.

Wednesday, Apbil 29th. The following messages were received and read. message iso. 7, April 29, 1857. The Superintendent lays before the Provincial Council a correspondence between the Superintendent and the Waste Lands Board, on the subject of an action brought against the .^oard. If the Provincial Council is satisfied that the Board has acted to the best of its judgment,, tho Superintendent will be happy to join m*gttarantceing the Board against all personal risks in the action. James Edward Fitz Geeald, Superintendent. No. B.—Requesting the Council to reserve, a specified piece of ground of 320 acres at Talbot Forest for a town, and requesting the Council to give a name to the town. No. 9. —Suggesting to the Council to reserve a piece of land of somewhat more than.half*auacro in the town of Akaroa for a hospital site. Mr. Packer brought before the notice of the Council the fact that it had been found desirable to alter the preamble and some of the clauses in the JCaiapoi Town Bill. He thought that the proper way would bo to pass tho biil in its newshape through all its stages, afresh; and for that purpose he would move the suspension of the St,anuing Orders that the bill might be read a second time that day. Mr. Hall thought the proper way would bo to go into committee on the bill and consider the amended clauses there. This amendment was adopted, and the House went into committee. Mr. Packer stated that since drafting the bill it had been found that a conveyance of part of tl>e land mentioned had not been properly executed to the parties whose nahies appeared in the bill; other persons also, whose property

-was-concernedj rhad given their consent to the '■^plfiniof jthe %>wtiy; and 3 their property, was now Mnclude& ;'"' \l; l; "'"'•■■;-' /■-■•••■■^-•: \->: >■'>'; r -' y":l. . ""'■Theahiended preamble and clauses were then iread;«'indradbptedv'andith'e House resunied. ; I' 'Mr.' -"Da mpiee* moved*- the Second reading of >the Road -Reserves Bill; "■ ;' A' technical exception had been takeh( toit in- its' previous ; forrii,vbut "honourable members as well' as'theGovei'nment ■ seemed unanimous" in-approving the principle of; -'■the measure. ''He';tKevefofe brought it-forward, vbeiiig *'&•- most-1 important measure arid j much! looked for out of "doors, as an opportunity: :might-ribtj agaiiir occur:'1 Reserves had been; "made* along* coastlines," lagoons, rivers, &c;, by the-Ganterb.ury^Association; arid followed up by *-the 'present' Government; ■AlLthepi iopertyr of ' the;; provirice J'was'; 'affected: by this: regulation.; "In coiisequenc'e, no jetty or crane could be =erec--tedj^nor any- goods', legallyJaridedl'1 It could never have been intended that no frontage -should be'allpwed:'!dn the* water margins of this •-inaritiin'e^provirice. ■ The: object of the,bill was; to enable ■the' v-G6yemmerit'-" vtb i:'"d'ear'with.'--'tKe: -roadsV'sind toallow proprietors of land adjoining -to'':makepreserves available until' rajuired; for -public-^purjposes;: It was ■' suggested that the '"'sanjfr principle; inight'be'applied to ' by-roads or t qcc'upatioii: roa'dsJ [>'- 'He believed that it had not. 'been intended to:reserve the,right to the soil, "ibut :only^the;easemeht or right of way. This taaterial-difierehce. The questioii^would be put arrest by this bill. It. would put tlie J soil the" service' of '■> the i: 'proprietor ; of j the land adjoiningj? and 'leave to him the duty of am'amtainirigiHhe'iiibant' of river; if he >tKought;aesJrabie.r\Ari objectidh was taken to -the7billiiecause' it •p Jrbposed'i tb ."inflict penalties, and he was afraid, according to the Provincial Powers the- Proviribial Laws -%^ } o f T-the^^enerarj<As|embly^,:th^ the ■ doubt was gpod.;i:nit t 'didHfibt^seen^that they hadlpower just at the^present moment tp raise penalties. In these .points "-■ only 'the bill would require: cfuture confirmation^; 'If ■ the v House 'thought proper, he would-■iiri'jcommittee subkitutl a; clauselfor-.-it which would answer the' purpose; equally?^well. 'He-hbpea that the (Jbvernment: would^ribt object to- the bill; only on this groundiyi He would now move the second ■creaaiiigjsdf;. ; the: bill^'i'^ -. SA\a -;:,»i -v V ] ': i-^r. ?Moo,rkotjse secohded the ;in6tion; He - thought" if i the > penalty '■ clause 'was not' a fatal objection the bill would] He 'of;'the greatest -service, i Th'ebill wasentirely harmlessi towards anT f'ghts at present enjoyed1 by, the public. ilt was very important to settle; the question: as to whether the'soils be the ri§ht: of way: cwas'ireserved: -He thought ? it: was - intended to; reserve the soil. Further, in caser of a shifting boundary of, a river, purchaser of land adjoining^was secured, ih^ the!-possession of .landfsuryeyed. to .him. iThisi bill/would tend: to settle-;that: ; questiqn. -Owners of land would ite/^R^ilo sj;op , the'encroachments of the .%er £ .by <l artifici^ : . mean's;''.'lt oughtj. however, -^;^^^* i Pe^wh^.^as-the: nature/.of an obstru;c|ion as by the.'. bill. If at ;was efn^^ iie4 0; pVptecib .property- now. encrpachino-•-^^i^-^.^Tes^.the -bill did not achieve its1 -°$? <& bP.d.de^of property was already so: ;;S lJS at^.!;,S?4 ;a<%. u? e should be introduced to exempt such cases frbm the operation o£ the: penal clause,s., r .-.-.■.... " .7: ! •'.. ,;-??|vfeAPKEß:qbjecl;ed to the bill,'as introducJsg .private-rights^hich it might become be- -^ n"^%ir' r pbwer to extinguish. As'for cases c^f was carried away, if. the: road '"w'ks'a'valuable one it would be proper for a sum ,t?Je. placed upon the Estimates for itspreservar*^; -^f"'?psi'des;.<lheSe were exceptional cases, for h^hV!^ oula !?e wi-ong tolegislate. He hoped the Council would refuse to:pass a rrieasu.-e' irivyolyitfg such/svveepiug changes. A great deal of - corisideratioh'shbuld be given to it, before it became lawi. •;•' '''■■'■■■'■■ ■'-:: :■■■■ ■■; -.-. < ■:■■■-■■: ■, •■.-; :- ■;^'■ J'-: Beaxet and Mr. Bbat opposed the bill. Mr. Blakiston supported it. '■'■'■ ■ ' :Dampiee;^in repl;; stated that the bill .- was-not;an infringement of public rights. There '■ were - many' roads reserved; some of wlr'c'i were useless. The effect of the bill would be to 'allow such reserves to be used for other purposes tillrequired; wlien the Provincial Engineer or Waywarden should state that the road was re- - quiredV'' that very moment ' all obstructions shouljd be removed. This was the most whole•fibm^3ealing!with those lights fchat was possi;blfi.:Q This'" 'case "was'-quite different frbni those 'of^agquired^nghtr i'By^ iin enactment lilt - this '-"llie'acquisitrori of riglitWas entirely preventei.

.The hori. gentleman then replied to the objec'tions'urged by- 'Miv Bray.'-' .He would'be very glad' to' concur in anything^wKicli should'I.be ;prdposed'as an improvement pn the billi if' U[! r ; ,;:-'-Mr.;'Hali/ proposed ■ a^^-postpbriiementbf 'the irieasurefbi? avveeki - T'?^ V' !l' 3; L ■ '••-•-'■- -;; Mrlv'DiaipiEiil concurring,! the ' ametidm'erit /was carried,1 ;-';": ''•': '"■'■° '■•'[ '';i -':^ ..-; : ,-^>\-v:s : : - . BRIDLEPATH. ' •'■:r-'1' J!:-'' ■: Mr.; Rhodes asked 'whether thp1 goverh'ment -intended to placeany sum oh the estimates1 or ah equivalent-in land1 for 'the^ Completion- 'of i,the Bridle-path to- Akaroa. : Two years'ago'a suih. was voted; but owing ' to the want of fuhds'no ■votehad since been taken, and it .had 'not been ■pressedvfbri-'' "•;;::!;" /;J;;:',' n {'" lV+y '-j^-' ■ !, Miv Packee said works had 1 been^done'upoh thaij. line; arid he would give' adefinite? answer i " tomorrow, asi to whether the specific ! works -would be proceeded with, V -.■'■ - v; .'n > {''■/': -. '; ;':" ;; ACTS OP THE- GENEBAt ASSEMBiiY."" :;''c'' ''■ Mr. HALLinibved that-Acts'bf the"General \ - Assembly should- be supplied to the members; of ■ this house; he would further recommend;that ■ copies' should' be; obtained/ for' sale at tlie Eesi-! dent jyiagistrate's Courts. :,: ' -'lU • ";')' j "i^ 7;' -: '' He -moved-""alsb';" that the* Constabulary Force -Ordinance should be' reprinted' ; ; it was ;S most: important act and it was how out of print; : irv' The Resolutions were carried.. " ;'; :i ;: ' ; :-':.V''Mr: Moobhotjse "obtained leave tb¥xtond:the' ftiiriefbr bringing up the report' of the Commit-; tee on the petitionofH. I. Cridland;;' ; i '-'v ] ' /In! reply to a^uestibn from Mr. Qiliyier,;Mr. i -Packer stated that' the cbiTespondehce respe^tino-' the loahwbuld be laid before thehbiise tombrrmv!l- :'!' Sever&l notices of motion .were' then giveh:;: :' Thellbus^adjburiiedatC^,-^.^.;-- i;v h;'^-' j ■:;!;';.; ; Thuesday; Apbil 30/. V ' y:'s^l,, ] "'" , ;,The Couricil met'at'S^m. "'■ ■/.''■''''''y', '■■ i,': .P^eii't.JrTSh.e .Speaker, Messrsy -Blakigton,! Cookson, Dampier, , Donald;;. 'Morgan,, . i)av;is,' Moorhouse, Rhodes, t '"V^^rd;-;, Eopks^ j.. Bealey,! S.Bealey, Packer, -Barker,; Brittan, r ,Westenra^; .Hall, Thomson, Ollivier.and Bray.. „,; - , The ; of the^CommitteeT Ottjlowppd's' .Mill Bill;was.received.-.;-; rf :,'^, ':■".■,.- s'. '■■•"'.-' »' '< .;,.-,. :')\;:.:.- ..--.' 1,;;;..,-; ;:.AKAEOA., -„,. h-.:-ui ■r"'-r.\{^, i :l > . : ; Mr. MooßHotiSE mpyed an address; tp ;his| . Honor, the Superintendent, asking for 'a" suvnVpf I . £300 tp be.placed on the Estimates, for iimproying the port^ town-of^ Akaroa. ■ This;suni-was; .required for, the,.town jitself, : and/npt fprlthe^ roads on the. Peninsula, which hadibeen/un^ep- ■ taken: under a latc.yote, and were otherwise provided for, in. the.present 'estimates. v*>u *> -'■ Z-i[ '. „ .; Mr. ; WARii., seconded/themotipn.j had been; in ;a better "condition. imany years- ago than at, present. „It was a case requiring very > e9 nsid.era,b]e aid frpin the Council,, considering I that no improvements had been made there by I the Provincial Government till very lately. " ; Mr. Datis: expressed - his li strong conviction { that the vote was needed" to develop the resour-: cesof that-town. The sum placed upon the! Estimates for the.year .would not be sufficient to do, all-the works! necessary upon:the peninsula, and riov funds; would ■;.remain.:f6ri-the town, i ■! '. Mr. Rhodes supported the motion. r,u,< '. Mr. .Packer^stated the intention of, the-Go-yernment. with respect to the vote placed pn.the I estimates. The interests of Akaroa were always' carefully, considered by the Government.' 7 L ; Dr. Donald asked Mr. Moprhquse to make i .the. terms.- of |his, motion, more .definite.7 , -If,the' by him : were,the, .formation of the main road: alpng the beach, he considered: the yote most desirable.'','Akaroa, ; as"any'pther; town.hadaclaim upon the' Government, for the formation of her principal; wprks:r "-.•.,!...-■.'-., ;.-; Mr. Dampier thpught. the town.was^ntitle-d .to ,_a. -specific... vote maid of its public works. There were positively, no accommpdations of the usual kind in towns, for the public: who used that most valuable shippingport. ',".. ;.\i r. I Tall recomm ndi d -,lWt it sliculd be reterT;«^to.J.lie,comf|>iitee;oii.Pu!lic;W vrlis:'itocbns]dtr: ■vnether a vote of £300 for Akaroa was desirabie or not. •• ■•■.•.' .••■• / •-.,':, -i!..-. -;.-.':-.-! •-,:■;■; .-•-; :: m.,--1 ;-.■. ; v Mr. Moorhousk in rppiy/remarkedihat'it wasa' «'ynewhat dis-raceful fabtttiat the works "connected Wit ■ the finest harbour in the must thriving province of New Zealand!siionld be -;6in<,'irapi(lly:to decayJ lie thpught lie, was exercising ver.v..grieat-modera-tion m asking,; for so,,spiall ,-ani-jiniou.nt; from the public purse. I f-a grant was refusecion. thrj groui! i that no return was likely to be'made to tlie revenue from the town, the, argument was unfounded. He thought a great, ad van lage would accrue to the 'province from iniproveinents in Akaroa: i; .' ''■ ; „Oh a division the motion, was lost; A yes 8;: Noes 9.

;-. Mr. Ward mpved that" his Honor ..the Superin •tendent'be.!reqiiesied'lii'p]acea>tnnr:oWVlie'Eiiim /tSfsJ in^ard/df '^■^ikpoldniU^kwrh:'^ 'i'OW'i'.l1' r"S = 1:.j:-■"it "j<JJ -:11 -.:;-:ji-.,!-|. / „.; •{•'••''-." ■:> :i fi"" : »f *liMr.«HAiJL.4iiggested;|^ should, properly be; referred'; trf the Co'itin&tW™ Public Works. „..;: . c "n <£&/?9l}\& flisctission'as the'working of the com mittee* 1-Mr. Ward'consented to the amendnw" which was put and carried;" ■■ •; - -> Mr. Packer la_id : ionit.lie'table;the following Mes sages frcm his Hon'or'tVe'Siiperintendent:— T No v i°: Enclosing the presentment of^he Grand .Jury/atithe late'session o? the'Supreme1 Court/and asking the cb-openitio'n 'of the Council'to rej)resent jtqtheGeneraljGo^eriimentJthe necessity of'ptovi . ding.a central;gaolfor ; the:oolony iof New Zsaland f r . ;15(0.J2. Inijre^l^-to axresoluiion/bf:the,Coun/il on,the ( , subject ,of the refundito, the iLiceusecl.Vic tualers. of,the.,iliiTdixnce between,the;preyioiis and 'present rates;ptLieense' Fee's.istating that lie could not ■coinply'witli-'therespliitipii.' i." '..'^ .... V ';'!:;Nb;il3:!.TrahsVmtt^ •Government' and: the' Uiiion Bank of' Australia at with respect to'tlie loan icojiteihpiated by the province. .i\{:.:<; .■..■;■/:'.: -n'.Ki yr.iii-;-'.;-:-.--? ; : -Mrr;PACKiER then laid oh tlie;table a^'copy of a report on the'state of;RJucation in the proviiic'e.- ------£;'.!;'•'/;; :,••/>;■ iijWviSTE CANDSiBOARD^ i-'-'-S? .:■,■: \:.:.:. -%M r- :?A9?E^. -n»«ved that Message .No. 7, of; lii» , Honor tlie^Siii.enn.tendent,- be.takeniiiitocdiisidera.■.M":?>, e!! c!?s.| n<g\. c.orret.po ; ))(leiice;between liis, Honor t^^^HPerintenteit^and"; the;.yVaste,^a.ids^libard witliresptect to an action abouitto'be.brouilit.against ■ the' Board.' " '"''. ' "'. '." ••-•"•-'••^ ._;;-" o':cr 0 ■•; •^<-lWfcorfespbnilence ';vvai^ read, rcpmprisina-.--5! -Details bf^a; ca Se^decided ; By .the/ %iiste; Laml^ ••Board ;.explaining the lialiilityineurre^ of ariaction against the Board: for exceeding fheir 'jurisdiction. jand/applyingrfbr .lesial^d/ice^in^leteiidin^such acti,on,,and;for;;indeinnific;iti6nvfor:ahy losses^likely to be suflvred hy ; the IH !in the:case;.:-:2^A nieniorat(- -------!*?'? ft rot??•>!-". 1?>onor <!eclinin>Hbr..certainvreasohs to .guarantee .the ; ; Bpard,,Against" loss ,in '-defendiiia actions, brought against -Wiein .iiiscoHsequence^ of .their decision. 3, ' ; A. repl \;.j n 'explpiiatibn/and fur--ther arguiiieut from tlie Board.'"4. A Second uiemo•rahduiri; from - the;; SnperiU%uieiit,'repeating' hU opimons^ formerly ■expressed-biiUhaV subject,'and Ueaving;tlie qu&stfon of iiidemriification for loss to lithe -Provincial Couiicil;« !i-> -'o-ii' ;,-o. »•.(;■; ;;-«.o->. < rsliowing, the difficulty in>wlnchuhe:Boardv of-whibh he was a. member, ,w6;uld,be placed bythe adoption S^ WPf'Mcipl^Jaiddpp-iiUisiHonor'^memorart-dum.-j^pointed oiu.ihtt'hat.waj ihei Board had been, cqnstiiutedi^and .slipwed ,havv .undesirable it would be toleaveVthe^oar^tb/nieettliecpstsofanY action broughtI'against: them 'on their decision of tx ■case^-Hembved tiiat.a^um/of'^Qp;^ placed on ■the JBstiinates:t'on)e.et'rl)e emergency.' '•'' '"^ ■/■> Mr.-Bkittan;irec6mijienaetft'lie:adjoiarnmeiit: of •the.-question. .The 'corresp'ondehceVwas'hing and -intricate .and was onlyUaid dir'Uhe table yesrerday >M\ Pider to giveihpnourabfemembers time i'td unde^ .^a-tii^question- he w.onld mov^aniailiburhmeitt „of tl"ie / de,bate.-^,; '„ /,.--,': -■•■;'■.!-•■'■<.■ ;--. ' ■■■>'''~Q- %'^ i^ss*'fW&&™&JsPl>te& . SecreUry,. and the debat^ was adjourned .till Thursday next." ;r-;.;" „ " •'.'..',, "'.y';■;"„., 7-h...':'

/'',.•■''."-' '.'. ' C°} mi??EE?.O?.SUPPLY. .'.■'• „'■,'"•■' ~ . Th? .'House/tlieiiWiit niVo coinmittee.onthe^EstHnates. 'The' to I lowing sum1 was voted •—' ' ■•,; V--'-:'"-'^ Ferry:lloaH Draiiia^e, ''"'". !'-'^! -'■<...■'-'- .-'■■■:■ :\-y-<- !iii:s H' V;';-;J\:^ ■ Packer rivove.i tile -sum M : £2,s6oHn aiuV Education, He would' leave'i:the' subject ifir ih'e .hands'of members,,not being iabie to give tiiem 4'til! .■antl-satiSfactory in formation' ,by; word of mouth.' He .hoped that! the .Council .would take it.seriously into .consideration, andconiingtoalie: discussioir of; this '.important , subject ,\^i thp.ut bias, or prej-miice. iniglit. 'by tlieii-'deliberations . es'tablish'in ihis proyiiice a system of education which .would,.redound'"highly io: their-credit in fULuve years^;' He "would: ask''to. he "allowed to adjourn the question till Tliiirsday next. -'^Agreed'to:-:-* .'•■•:';.;a~.! "_:■■■■■:■■:■> .;.■• :.-;-■/ ■■■■■■' ■::-•:■■. ;• ! :',^ public 'W&ftKS; ::- ■' ■■■;' ;;;(:i - S;' ': "•■■' A : long discussion.I arose upon the*propriety of i voting the salaries of the l"ro' vincial Engineer mi i\ a • ; staifcof .overseers,;; )iri.or;>;t.O' thea-eport of tlie coin-' . H",ttlV6.-.-.pn. ;I?ublic iy Ay prks; being v furnished:l Air. -Pli-ivier strongiy opposed tiie-.iiiotioii; to protieeii, ! and, the; motion.; lieing;carried, .requested thewith- ;- drawal of his name, from:the Puiilic Works Com- , riiitteeV.'",'!:-''."" ".-''.."■" .'•■''■ '-' V '.!.'."'-'. .' " The vote, was passed'as foilows'--—' '".''" '■''.' '} ;]'[' ; Provincial jEhgiheer':',' 1 £S()6 ,' ; v 'Tritve.ling Expenses.' .". 100 . '■■ '■ ;'• Two "Overseers'.-' ■'■ .: . '\ .300 ' ;;■:■> . Travelling Exnei-ses;.1-V :. ■ {JO'•'■'_;"'"-' : ■■'..■ •';;-' '■.■'Assistiiiit-.Oy.erseer'-i-'';:.-. ■ ■■; 78 :r ' ' ]■•■■ .':-• Occasional Assis'tance-and ■"'{'-'■ ■ : '■'>'• ■ : . \ Miscellaneous, i;..■,. ■■;:i :,;■; It was agreed iliat no further -items in the Public .Works Depanmen'. .•hp.ujd ,be proceeded, with,iuntil tlie report of thePublic,Works Committee should be brought up. .,:'..". ''/'.- .-, ■' .-. \.', : , After some notices•?.of; motionji"the House .adjourned till Tuesday iiext; ; " , ' ■',"''■"■' i. " : ,