Provincial Council.

Lyttelton Times, Volume VII, Issue 483, 20 June 1857, Page 5

Provincial Council.

Tuesday, June 16th. The Conncil met at 5 p.m. Present,—The Speaker, Messrs. Barker, J. &S. Bealey, Blakiston, Bray, Dampier, Fooks, Hall, Brntan, Moorhouse, Ollivier, Packer, Thomson and Westenta. The Report of the Committee on watereresses wa3 tead and received. A discussion arose upon a motion to reduce tho amount voted for the Harbor Department to * vote for supply only till the end of August next, in pursuance of the recommendation of his Honor, in Message No. 36. An amendment was agreed to to continue the provision for the department for the present. Ihe following messages were received from the Superintendent and read :— No. 37. Enclosing a correspondence with the Genera] Government on the subject of provision for the expenses of the census; and recommending the Council to place a vote of £122 12a. on the Estimates for the Durpose. No. 38. In repjy to the last resolution of the Council on the refund to the publicans; denying that, any understanding had been come to by the Government at th&pasbing of the ordinance, that the balance of the fees should be returned, and stating that the Superintendent was confirmed in the propriety of the course which he had taken, according to the existing law. His Honor proceeded to say that if on the strength of the Couucil being assured of the justice of the case and the intention of the law, a bill were brought in ana passed to amend the ordinance, he would be prepared to, sanction it. No. 39. Assenting to the following Bills passed during the Session :_Scab and Catarrh Amendment, No. 5; Inwood's Mill, No. 4; French Magazine Reserve, No. 2; and reserving for the Governor's assent, Fuller's Remission of PurchaseMoney^No. 1, and Akaroa jetty, No. 3. No. 40. Recommending a Reserve of 100 acres for a ferry and landing place on the Orari river. No. 41. Returning the Provincial Council Extension Bill, with certain amendments. peacock's wharf bill. The House went-into Committee on this bill} to reconsider two of the clauses^aa amended. The clauses were put and earned, reported to the Council and adopted. " LOCAL POSTS. j On the motion of Mr. Bray absolution was adopted recommending that greater facilities should be provided to persons living beyond the limits of Christchurch, for receiving and posting letters. Another motion on the subject was withdrawn, as was also one by Mr. Bray desiring an erratum in the last Gazette to be corrected. COMMITTEE OF SUPPLY. The following sums were voted:— Additional Police Constable . £109 10s. Expenses of last1 Census . . 122 12s. ROADS DIVERSION BILL. This Bill was passed through Committee and reported. After notices of motion weje g yen the Council aajourned till Thursday. Thursday, June 18th. The Council met at 5 p.m. Present, —The Speaker, Messrs. Donald, Bray, Hall, J. Bealey, Bnttan, Rhodes, Ollivier, Thomson, Westenra, Davis, Ward, S, Healey, Blakiston, Morgan, Moore, Fooks, Packer, Damper, Barker, and Moorhouse. POSTAL COMMUNICATION. A numerously signed petiti >» i .p> HKrolnr.ta and others praying the Couucil to f iiiV. p.^i v v.onri.unication with England, wn- pc .i\i«.a l v \i. Blakiston. It was read by tlie c nk. T'io body of the petition is as foliows: — That your pctillou^is \.»u w'.Mi very ruuh oo'ieern that yo'i" lunm , mL> vJou'-ni is abmU :o he dissolved without «>i; ro-,ul < li.m^i^ients \vli..U\ei1 having ntvu mu\ f v biii'L.j'ig on the liiuu<u td; iih Iron Mcibdiiiu. 1 our i,o!K"> 'cry. n nst e.dists'lv h j; to <\.!l your VPl\ p. ltvu'al' .UUlit.till to t i>n ai StiJl i^ tl.tj CO.I- ;>' i-i ll,' t.i ■ . ilv tuvi.se.'t aril jui-.jibiji> vi! cue pi'ivinirii will tn> gr t!v ict v 'e'. 't i'upoit.iiit a 'ua'tc s the jji veivu' 1 I- r '-li's'iici. Yo'ir ]>v tu1. Dfi*. imh.v-.im1 tlvi.' 't viil bt'iiiiit to tlio (.MimiiiiM*. v gf> J!"!!_\. i! .m, =• n't'iits lire liicint.* t>\ >. I .i'h iv.vi.i i . ". I qii'i'^ -111----\ice^ can be ncnvod liom the honu <t.ul oJ.ii" nun Kits. Yrur r-et-'iori'is jesp"ctful!y kuiii"^ Jimr l'onni.iiilc Cuuncil Jl%rt i'.tue ueitrlibouiin,, p'outioe ot V\ I'i'm i^on s^ti-t \a.%ry postal aiiangtments havi> b^en wacle; and not only has tills very important matter l)oesi neglected hue. but joui petitionera uolice with wxy gi^tU oon<.ciu that various offers to

to bring on the mails from Australia have been reiected by your honorable Council. Your petitioners earnestly tissue that such Dostararrangements should be made as the increasing exports and trade of the province render de&irable and requisite. .' Your petitioners therefore pray that your honorable Council will again-take this very important matter into consideration. And your petitioners will ever pray. Mr. Blakiston gave notice that he would move on Tuesday the consideration of the subject. ' Peacock's Wharf Bill was read a third thus and. passed. COUNCIL EXTENSION. Mr Hall moved the House into committee to consider the amendments on. the above bill recommended by his Honor. They were merely verbal amendments in the schedule, denning the distnots, and were adopted without discussion. • 'h. J. ciudland'? petition. Mr. Bray moved the consideration of the report of the committee on the above petition. He said that the allegations had been considered by the . committee, but the deductions therefrom had not. It T?as left for the Council "itself to consider the prayer of the petition. - Mr Blakiston moved as an amendment tliat in the opinion of this Council no case has been made out by the petitioner, H. J. Cridland, before the Select Committee, to justify any further pro- , ceeaings on the part of the Council in the matter. ' j Mr S. Bealey thought the matter should be investWted. It was not to be considered that a select "committee's decision could be 'final in the Mr. Ollivier thought the Supreme Court was the proper and only tribunal for the petitioner to TGSOTI' tO« Dr Barker spoke strongly to show the extreme importance of not burking the question. He animadverted on those who would stifle investigation, arid proceeded to argue the case that was left for the Council to consider, dealing 6rst with the case as between" private individuals and then as affecting MV. Bri tan as a public officer. Mr Thomson pointed out that the Committee had fulfilled all fie duties that had been entrusted to it by t.ie Council, Sn considering the allegations of the petition; the deductions to be drawn from the evidence it was no part of their duty to report upon. The committee had been unanimous in all points but one the fact of the transfer referred to in the second allegation. It had been said that it was proved that one of the pre-emptive rights referred to had been transferred to Ttfr. Brittan, and that the'whole case hung upon this fact, since it was -negligence and dereliction of duty in maintaining these rights that was imputed as the main charge against Mr. Brit, tan Now he found on reference to the Land Office Books that another pre-emptive right included in exactly the same category as the above had been used by Mr. Cridland, as Captain Harvey's agent, in making a purchase of land, This he thought wa-s a plain refutation of the fact of transfer. Mr. J. Bealey said a few words "to urge the Council to proceed with the investigation. Mr Mookhouse explained his position with regard to this charge. The petition had teen suddenly given to him to present, and it was his duty to move for the committee. He was not for or against either the petitioner or Mr. Brittan,and when the committee was constituted and the chairman appointed, hi? duty was done, since the parties concerned and their legal advisers were present to argue the case, and it was not his duty to conduct it further. The members of the committee seemed to him from the first to be so inclined to judge the matter in favour of Mr. Brittan that he did not think it worth while to oppose them. He believed the evidence to show so strongly against Mr. Brittan, that the Connci) should proceed to consider the whole matter. ... Dr. Donald supported the motion tor going into the consideration, from the fapt that so much had been said, and so strongly, by the hon. members who had opened the matter, that it would be in the highest degree undesirable to stop the investigation at this point. ' v „ ! Mr. S. Bealey said that the. arguments should turn upon the proof or otherwise of transfer as alleged in the second allegation.. If the transfer had been made, Mr. Brittan used the preemptive rights in question properly in the payment of the rent of his run, if not, he infringed the regulations in using them. .Another point was that payment of the rent appeared not to have ' been made, as provided by the regulations, to the Treasurer, at a'sitting'of the Board/ _ ■ Miv'BlaSiston "obtained leave to withdraw, his 'aiiit«<l"'-nt;Vutl substituted for it'one to proceed to the !>t-x: order of thi'day. . " ;■' . ■ Mr. Jlall ''went into the narrative of the case. Hi drew a "•clisiinctjuii between the agreement about the large rjiii and timt concerning the pm em-ptive yi.«\hts,;Vf which-UiUur only the petition treated. He i'oinTcd' cut-that thest: rights were riot necessarily renewed by the payment for the large run, and therefore did 'not lapse by Mi. Brittan's nonpayment. ■Locking into the evidence, he could see no proof of

dishonesty, but of a "harsh and illiberal proceeding on the part1 of Mr. Brittan. This he condemned, 1 as also the fact of the renewal of the license in the private-office instead of before the open board. He also commented upon the practice of allowing payments for pre-emptive rights to go towards the rent of the larger run, when standing in a different name. If this was jhe'practice, however, Mr. Hall repeated there was no dishonesty in Mr. Brittan taking advantage of it. Mr. Brat went through the case again, with a view to prove the fact that the rent had been paid for the run and the pre-emptive rights had been allowed to lapse' by the determination, of Mr. Brittan before Mr Cridland was informed that the rent was due, and that afterwards Mr. Cndland's tender of the sum due was refused. Mr. Bray went at considerable length into this question and also endeavoured to refute any assertions that the agreement was'void by nonpayment or from other causes. He then drew attention to the fact that the regulations framed by the Council had been infringed and disregarded by the Land Office. He added that the pre-emptive rights in question dated not from the date of the run, but from the 29th Nov., so that at the time an application was made by Mr. Gresson (on the 11th Dec.) to prevent the forfeiture of the rights, the twelve months already paid for, with the usual month's grace, had not expired. Mr. Dampier added a few woids in justification of Mr- Brittan's conduct. Mr. Brittan spoke at some length to lay the circumstances of the case before the House, and to explain the conduct of Mr. W, G. Brittan in the matter. He explained that the payment of rent to th!e accountant instead of to the Board was according to a resolution of the Board, in order to prevent difficulty in refusing money vhen tendered. If there was blame attached to anyone for breaking the regulations, the Board and not the individual was the culprit. Mr. Brittan proceeded to reflect upon the conduct of Mr. Moorhouse in casting blame on the committee, when he had himself been present only at the first and last sittings. Mr. Moorhouse explained, and 'defended his character from any imputation on the ground of neglect. . Messrs. Ollivier, Fooks, and Blakiston terminated the debate with a general summary of the arguments. •' • The amendment (to .proceed to the next order of the day) was carried by 1(5 votes to 4. Noes—Messrs.- Barker, S. Bealey, Bray, and Moorhouse. . ■ ■_

.- „ .• - - HARBQfc' DEPARTMENT. The Council went into committee on Message <-(Ho. 36, referring to. the Harbor Department. Mr. BowpN moved resolutions on the subject, condemning the"alteration of the arrangements entered into with Sir-George Grey in 1853. Some discussion ensued on tha propriety of adhering strictly in this case to the rule previously laid down, of refusing to support'a department not under the control of the province. The resolution was carried. Another resolution was to the effect that the appointment to the office of Harbour-masker should be recommended by the Superintendent instead of by the Collector of Customs, as desired by the Colonial Secretary. Carried. A third resolution reflected on the conduct of the General Government in the matter, but was withdrawn. A concluding resolution affirmed the propriety of adhering to the principles-already laid down, not to support from provincial funds any establishments of Government that were not placed under the control of the province. The House then resumed, and after some unimportant business adjourned till next day.