Provincial Council.

Lyttelton Times, Volume IX, Issue 555, 27 February 1858, Page 3

Provincial Council.

Tuesday, February 23rd. The Council met at 0.30, p.m. Present, —the Speaker, Messrs. Ollivier, Cass, Duncan, Hail, Harman, Sprot, Bishop, Alport, Blakiston, Foob=, Dobbs, Packer, Woodford, Waitt, and Wyatt. . The report of the committee upon Lingard's petition was brought up, read, and. adopted; it expressed the opinion that the Messrs. Lingard were entitled to the. consideration of the Council. The report

of the committee on the Standing1 Orders was also brought tip and read; it recommended a 'few alterations in the present .Standing OrdersAir. Ollivieb. laid on tl c table coirespondence with Mr. J. W. Hamilton, with reference to a refund of travelling expenses incurred attending1 meeting's of the Executive Council during- previous years. PLANTING. Mr. Hall rose to move the following resolutions on planting, of which he had given notice. , 1. Th.it in the opinion of this Council, the plantation and growth of timber within the province is an object of the greatest importance, and that it is desirable to afford encouragement to the same by legislative enactment. 2. That the following should form the basis of such legislative enactment: — a. The lessee of land for a longer period than seven years may register in an office to be appointed for that purpose any planting of timber trees eifected by him during the currently of his lease. b. Twelve months before the expiration of the lease, the owner of the land shall elect whether he will purchase at a price to be determined by arbitration the trees so registered ; it' he shall refuse or neglect to give notice of his intention to purchase such trees, or to give proper security for the payment of the amount to be awarded as the value of such trees, it shall be lawful for the lessee to cut and remove the same at any time before the expiration of the lease. 3. That his Honor the Superintendent be requested to cause a bill to be prepared and transmitted to this Council in its next session, for giving effect to the foregoing resolutions. It was not necessary to say much in their favour. As to the merits of the object which the resolutions aimed at ; there could be no doubt that even if the present generation reaped no benefit from the. adoption of an enactment such as was proposed posterity would be grateful. He should liave thought that it would scarcely be necessary to urge'the matter now, for the previous Government had promised to take/the matter in hand; but nothing had been done by them. As for the details, 'they would be. left until the subject came before the House in the shape of a bill; but- he would now remark that though owners of laud must be left to grow timber for their own interest, tenants required legislative* enactments to encourage them. By the.ordinary terms of a lease the tenant would leave the land without timber just as he found it, and in this case it was of evident importance to secure the improvement of the country by legislation. It would be undesirable to point out the way in which this should be done at present, and it was only necessary to affirm the-principle broadly. The idea was not a new one, it had been tried in Ireland and found to answer very well in parts where the circumstances of the country were very much analogous to our own. He hoped that if the Council assented to these resolutions, the Government would see the desirability of preparing a bill upon the subject; to be submitted to the Council at its next sessior. Mr. Pooks seconded the motion as he 1. d done on a former occasion. The subject was one of the greatest importance. The first resolution was then carried. On the second resolution being put, Mr. Speot observed that the law would be dangerous to a landlord unless the amount of timbered land was specified to be not less than a certain amount. He did not like the idea of bein«- bound to details in a resolution. Me. Ollivibr said that the reason why the subject had not already been dealt with was because, perhaps, it had been found to be beset with difficulties. He.hoped that the hon. gentleman would deal with the subject in general terms, and if so the Government would prorniso to consider the matter carefully, as it was obvious that the interests of the public would be studied by some such arrangement. They should decline, however, to be bound to details. Mr. Hall explained that the resolutions enunciated general principles as concisely as possible. The resolutions were finally carried, and ordered to be transmitted to His Honor the Superintendent. LOAN BILLS. The Speaker read the following despatch from the Colonial Secretary on the subject of the raising loans.by ordinance : — circular. Colonial Secretary's Office, Auckland. January sth, 1858. Sir,—l have the honor, by the direction of the Colonial Secretary, to transmit the copy of a Despatch from 11. 3M. Principal Secretary of State for the Colonies, covering the copies of three Acts passed in the last Session of the Imperial Parliament; one being an Act to guarantee the Loan of Half a Million for the service of New Zealand in accordance with the Financial "Resolutions of the last' Session of the General Assembly, and to direct your special attention to the ninth paragraph of that Despatch, instructing the Governor, in the event of loans to any serious amount being required by a Pro- / vince, to require that the legislature should pro-/ viously present to him resolutions to that effect-, ■ in order that, he may confer with her Majesty Government previously to the introduction/)* a Bill for the purpose. _ 4 -^a -His Exeollencv. cairjiot accordingly be/.<lvit>efi to -assoiit to any Kill for raising P/ovmcmi Loans unless the course laid down in.that paragraph be observed in respect thereof: ] have the honor to lie, &c, \V. Gii*house. Under-PemtPry..

The Lyttelton Custom House Eeserve Bill was then read a third time and passed as Sess. IX., No. 5. COMMITTEE OF SUPPLY. Thu nouse then went into committee to consider the Estimates finally. The following item nvas added :—- ----Additions to the Town HaH,-Chrisfc-<church .;. ... £250 superintendent's salary. TVIr. Sprot took occasion to enquire whether 'the sum voted by the Committee of Supply, on «. previous evening, to defray the Superintendent's salary, was still placed on "the Estimates. 'He hoped that the Government intended to retain the increased amount, aud if not, he would move that it should be retained. The ouly rea •son, it seemed to him, why any doubt on the ■subject should exist was that His Honor had •declined to accept the amount, in a message lately received; but the reason given was be-cause-with the sum named His Honor believed himself unable to give public entertainments, and so forth, as he seemed to think the Council intended. The Council, however, had clearly intended to vote the increased amount without any such absurd condition as that it should be expended in hospitalities: in fact, simply as the salary of the office. He hoped the Government would retain the vote. Mr. Ollivieb said that no formal objection had been made to the vote standing in its pre■eent shape on the estimates; if such an objection were made it would be properly done at 'the time when the Appropriation Bill was presented to his Honor for assent; till then it was not under his Honor's consideration. The sum therefore remained as the Council had last passed it. The estimates were then read over item by item, passed through Committee of Supply, and reported to the house. " ' ~LOCJIL POSTS. Mr. Ollivieb then moved a formal resolution necessary to the establishment of the extended local posts according to the Act. It was to the effect that his Honor be authorised to establish local posts between Christchurch and Rangiora, twice a week ; between Lyttelton and It. Afearoa weekly, with branches at Pigeon Bay j c. and Gleam's Bay; and between Christchurch j n ;/and Timaru fortnightly: at rates of postage | .-not exceeding two pence for each letter, and j g '• one penny for each newspaper. !01 Mr. Bishop objected to the establishment of-1 n' the extended-posts as-from Christchurch. "Lyt- j ' telton, he said, was, tHe. central point where the jtt - chief postmaster had his office, and where responsibility ought to rest. It was not fair for w> - the deputy postmasters to be responsible for the Ja • acts of other deputy postmasters,-as was now ii ■ the «ase. w Mr. Ollivieb explained that all the details b> ■were carried out between : the Superintendent ki and postmaster, and the present resolutions P 1 were only necessary to authorise such arrange- *i- •. ments to be made. cl The resolution was carried. - - ■' \: V- T APPROPRIATION BILL. " \ jla According to notice. Mr. OLLivrEB moved jP* ' the suspension of Standing Orders to enable ; this bill to pass through all its stages in one j w ■^day. Leave was given and the bill was read a j .--first and second time and committed. Here a £, -"short discussion ensued upon an alteration **» "Vhich had been made in the figures under the P c head of ' current repairs of public works.' Mr. Ollivier explained that the engineer jd * had stated that it would be impossible to spend ! w the whole amount voted during six months, j m aud consequently the sum had been reduced, *** "and the specific votes merged into one sum for ° current repairs generally. .'. The figures were replaced as passed by the and the schedule to the bill, contain- ■;■' ing all the items of expenditure, was passed, ii rf?Mr. Bowen again urging a claim on behalf of ai i- -school buildings. si " c bill was then read a third time and passed as Sess, IX, No. 6. o J THE HILLS EOAD. b Mr. Harm an- asked whether the Govern- a ment intended to place any sum on the esti- *' ; whites for rendering the Hills road passable in ° s winter. As the estimates for the half-year --were** passed he would recommend that "his a Honor be guaranteed in the expenditure of a y*um of £150 on the same. v y .Mr. Olliviee said the question of the Hills f . "* Tiad was, as had been before stated, under conIf the vote was left an open one, " nnd it were found possible to make use of it, it v >hoiild be spent. , Notices of motion being then given the ' /Council adjourned till the next day. P] Wednesday, Feb. 24. This being the last day of the Session, the • 'Council met for a short sitting, commencing '. ;i >.bout half-past 12. Present—the Speaker. Messrs. Ollivier, Cass, ',_])ii!H>Mn. SiuOholmc, Hall, Blakiston, Bishop, "\Vaitt. Alport, Dobbs, Thomson, Packer, Sprot. and Wysitt. The r-nport of {.lie committee on Dampier's •petition far compensation was brought up and .. -read. It was to the effect that the committee bad been unable to devote sufficient time to considering •the allegations, arid deferred the final decision to another Session. Evidence liad been taken which would be kept on record. Correspondence-was then read relating to a ; Jeftind of travelling expenses ia Mr. J. W. Hamilton, incurred in attending meetings of -.the-* Executive CJoiroeil during'the four years, pastSir. OJW.I.VIK& remarked that this was one matter amongst others handed down from a former period of the Provincial Government to be settled by the present Council. The ques

i]} tion, if there was one, was as to the propriety JS> jof paying .the travelling expenses of a member of the Executive Council, Perhaps such a step was not desirable now, but it must be Ten . membered that in the early days of the Go-: IU j vernmentwhen Mr. Hamilton first helda«eat; jit was really difficult to find any one able and; willing to serve. Besides, Mr. Hamilton's acI quaintauce with the affairs of the New Munster Government whioh preceeded, rendered , r I him*an invaluable addition to the Council; in- , a deed, it might be said that his presence there j was absolutely necessary. He had also filled , the office of Provincial Auditor, without salary, [ for a period of nine months. Then when he j accepted office a second time, it was on the distinct agreement that travelling expenses were , to be allowed, to be refunded as soon as the [ province should be free from pecuniary embar- , rassment. During this period, Mr. Hamilton's services were in constant requisition, l>oth during the late Superintendent's absence in AuckJ land, and during his Honor's illness. Many times he was called over from Lyttelton to transact business, when, from the absence,of other officers, there was not a quorum, and the attendance was not recorded. In all there were such a number of journeys undertaken on this account, that the amount of expenses called for a refund. He would therefore move that inquiry be made into the circumstances of the claim, and in the event of its being satisfactorily proved that his Honor be authorised to expend a sum not exceeding £'50, to meet the same. This motion was carried. lixgard's petition. Mr. DOBBS moved that the report of the I select committee on Messrs. Lingard's petition, with the evidence, be forwarded to his Honor the Superintendent, respectfully requesting him. to take the same into consideration, and that the Council will indemnify him for any compensation (not exceeding £"400) he may award to them with the advice of the Executive Council. Mr. Dobbs gave a brief narrative of the case. Mr. Thosisox seconded the resolution. It might be said to form a bad precedent, but he j thought the hardships of the case were so I clearly proved that it could stand on its owik ! merits. Mr. Fooks objected to naming a sum to be granted. It would be looked upon in the light of a special vote of that amount. He could not help considering that a bad precedent. Mr. Bishop agreed. He also thought that the report did not fully state the cass. -■ Mr. Packer said that this and other claims were talked of as being handed down from the late Government. Whether, or not they had improperly refused to consider such claims, he would say thit they were now rather loosely brought before the Council. As far as he knew of the transaction he would say that tha previous Government bad considered the question, and had seen no grounds for admitting the claim. He joined in the desire that no sum would be mentioned, as that would in point of fact be he'd as authorising the whole sum to be paid. Let the case be referred to the Executive. The words 'not exceeding £400 ' were then withdrawn from the motion. Mr. Fodks suggested the addition, at the close, of the words 'if upon further inquiry they should feel satisfied in awarding any compensation to Messrs'. Lingard.' Mr. Olliyieb said if these words were added the Government\%?ould charge themselves with the investigation, and if a case was really made out to justify them in so doing, compensation would be awarded according to the wishes of the Council. The motiou as amended passed. STANDING" OP.DERS. On the motion of Mr. Ca.ss the house went into committee to consider the Standing Orders as amended by the committee appointed to consider them. The passage through committee occupied a considerable length of time, several amendments being proposed and discussed. They were adopted as recommended by the select committee, but, of course, scarcely present any points of interest to the public. The business being brought to a close by the assent of the Superintendent to the Standing Orders, at about half-past three his Honor was summoned and proceeded to deliver the following ARBRKSS. "Mb. Speaker axd Gentlemen of the Provincial Council: " I have assented on behalf of his Excellency the Governor to the ' Canterbury Association's Reserves Amendment Ordinance.' " I have assented on behalf of his Excellency the Governor to the ' Lyttelton Custom House Reserve Ordinance.' I have assented oh behalf of his Excellency the Governor to the * Slaughter House Amendment Ordinance,' " I have also assented on behalf of his Excellency the Governor to the ' Appropriation Ordinance.' " And I have reserved 4 The Waste Lands Regulations Amendment Ordinance,' and • The Inwood's Mill Ordinance,' for the signification of his Excellency's pleasure thereon. " Gentlemen of the PaoviNcwL Council. " Before formally closing this Session 1 cannot refrain from expressing my deep sense of the frank and liberal spirit that has characterised your consideration of the various measures placed before yon. " The large sums you have placed at ray disposal for the prosecution of Public Works shall be expended with proper economy and with a close regard to your %vishes, as conveyed to me during this Session; the Executive Government, while owning immediate responsibility to your body, being alone answerable to you for the conduct of every department of the public service. I

"The Loan Debentures will be delivered to the Union Bank of Australia, at Lyttelton, on the 3rd day of March next, for immediate transmission to England; and in all probability will arrive in London in sufficient time to meet the requirements of our Emigration agent. •'A sum of .£1,500 will also be remitted to London by the first mail, in further payment of our liabilities on the late Canterbury Association's Estate. " During the coming recess I purpose to devote a considerable portion of time to a personal inspection of-all the districts of the province in which it lias been thought desirable to extend public-works, in order that the Government may be prepared at your next meeting to place before you the amplest information, in reference to -the just expenditure of the monies you may be advised to appropriate; and I will avail myself of every means of ascertaining for yo«r guidance all the political and social requirements of the province." - "Finally, gentlemen, I congratulate you ou the expedition and general unanimity of your proceedings, and trust that this your first session ; may be a closely followed precedent on future j occasions. .'.'., j " I now declare that this Council sliall stand prorogued until Friday, the 3rd day of September next." , The Council immediately broke up.

Feb. 27