Provincial Council.

Lyttelton Times, Volume X, Issue 620, 16 October 1858, Page 4

Provincial Council.

The Council met at the Town Hall, Christchurch, on Thursday evening, at five o'clock, pursuant to adjournment from the day of opening. Present—the Speaker, Messrs. Ollivier, Duncan, Cass, Dobbs, White, Fooks, Milne, Bishop, Ward, Harman, Ross, Hall, Packer, Thomson, and Higgins. Mr. Ollivier laid upon the table a state-., ment. of letters received and dlivered at the Canterbury Post Offices, and of the expenditure under the Local Posts Act, from April 1 to Sept. 30; also a return of pilotage fees for the same period; also the report of the Provincial Engineer on the state of the public works; also a return of new pasturage licenses taken out, from April 1 to Sept. 30, 1858; also of Crown lands sold and granted during the same period. Mr. Hall presented a petition from Mr. C. E. Dampier, alleging that he had not been put in possession of certain lands sold and granted to him by the Canterbury Association, and praying redress.

The petition was read and received. Mr. Ollivieb, in asking leave to bring in a* bill to be entitled a Canterbury Armed Police Force Ordinance, said that it was intended as a substitute for the Constabulary Ordinance of New Munster,of which copies were scarcely to be had, and which was in need of some improvements. It would be found an improvement to classify offences, according to the penalties incurred by them, as this bill proposed to do, being framed in that particular on the model of the Auck- ! land Provincial Act.

Leave was given, and the bill read a first time and ordered to be printed. Mr. Olllvieb rose again to move the introduction of an amended Cattle Trespass Bill, a piece of legislation which he said had long been demanded and promised. The old ordinance required improvements which were given in this bill. In the 6th and 7th clauses where damages were given for trespass on cultivated lands not securely fenced, the provision had been found to be made use of in some cases by persons who simply left their lands unfenced as a trap for cattle, for the sake of making money by recovering damages. The bill be°fore them proposed to give full damages as before only in the night time, and one-third of the amount in the day-time; providing also that if the occupier of the land did not fence it for six months after his first occupation, only one-third of the full rate of damages could be claimed at any time. He hoped that in this way, men would be compelled to protect their cultivated lands, and the evils of the system referred to would be removed. Another clause of tins bill altered the power of impounding to within five miles from a town. A fourth clause supplied an omission in the old law, namely the remedy for pound breach, a point in which the law was strangely defective. There were also schedules to render the bill perfect. Mr. Hall thought the present law did leave a remedy, though clumsy and slow, for pound breach, namely, through the Supreme Courtand the proposed bill still made the offence a misdemeanour cognizable only by the same Court, with nearly the same trouble and expense to the suitor, What was wanted was a power of summarily dealing with such cases by two justices, without going through the form of an indictment. He hoped that some other remedy would be provided. This was the chief objection to the bill.

Mr. Dobbs thought the measure much required,but ■ several questions connected with it were difficult to determine properly. He would propose to refer its consideration to a select

committee of which ho would give notice tlmf evening. lB The bill was then brought in, read a fiW time, and ordered to bo printed, ; . Mr. Ollivier had a third bill to brinff in Public Boards Bill. It was a very impltan? measure and ho hoped would have the be f consideration of the House. The Goverhme f had found a system of the kind in operation other provinces where it worked very well i"l the provisions of this bill had been to a certai extent adopted from the example. It «,, ° power to the Stiperitendent, when a district h° came sufficiently populous, to declare that *~ Board of Commissioners should be established to have the management of local public works The commissioners, whose number was left blank in the bill, to be filled up at the option of the Provincial Council, were to be elected in exactly the same way as members of tl Council. When the board was constituted tho Superintendent might authorise them to t' I the execution, performance, and control of ' ™ works within the district for wliieh su"^ were appropriated by tlie Council, and nTv over to them either in one sum or in i v \. i ments as required the grants of money voted" receipts of the board to be a discharge to th* Superintendent and Provincial Treasurer. The board might make by-laws for' the regulation of its proceedings, and appoint a mana"in<r committee of its members. This bilf he wished it to be clearly understood, did not'«»ive powers of local taxation, but simply provided a means of administering, funds granted by the Council, for the assistance of the Government in the execution of local works. Another bill would be separately proposed, to be called a "Sewage and Drainage Bill," by which, on petition of the inhabitants, power mi^ht be given to a board, constituted as in the first bill,, of performing what might be called purely local work, in distinction from public works. It would be brought into operation only on petition of the inhabitants, and might stand either in combination with or without the first board. Por such exclusively local purposes a power would be given to raise a local rate. Bill brought in, read a first time, and ordered to be printed. Mr. Olliviee then stated that a motion of which he had given notice respecting the sale of the Lunatic Asylum Reserves, for the endowment of an hospital instead, would be withdrawn for the present, as Dr. Prendergast, StaffSurgeon, acting on a commission from the General Government, was now in the province on a tour of inspection with a view to report on the proper site of a Central General Lunatic Asylum for the colony. It was ohviously proper therefore that, until the result of the inspector's visit to this province was known, the endowment already made for a Lunatic Asylum should remain untouched. He would postpone the motion for a fortnight. " Another motion, for the appointment of a Public Works Committee, was also postponed until after the. consideration of the Provincial Engineer's report, which would be taken on Tuesday. THE INSPECTOR OF BHEEP. Mr. Ross rose on behalf of Mr. Studholme, who was absent, to. move that a copy of themonthly journal of the Inspector of Sheep be laid before the Council, also a return of the number of diseased flocks in the province, the dates of their inspection, and the fines which had been levied. He hoped that the Council, recognizing the fact that great complaints were made out of doors of the manner in which the duties of this office had. been performed, would support him in the inquiry he was about to make. He would.first bring to their notice the fact that a similar law to that of Canterbury existed in a neighbouring province, and that it was attended with the most valuablereßults. Why had it not been so in Canterbury ?^ To that question his enquiries tended. . If on investigation it; were shown; that neglect had prevailed in the administration of the law,, the law itself would not be to blame. And he wras decidedly of opinion that neglect would be proved. When the journal was laid before the House he thought it would be found that the inspector had very imperfectly attended to his duties; that some flocks in the province had. never been inspected at all; that others had been inspected and declared scabby, and scabby they remained, but no penalties were enforced. Then, if neglect were proved on the part of the servant, it would be proper to enquire further whether the master were not equally negligent, and even perhaps more to blame, on the principle that a careless master always makes servants careless. Sir W. Coagveve's conduct could not be excused—

Mr.'White called the honourable.gentleman to order. The Council could not sit in judgement upon the conduct of Sir W. Congreve,. until the facts ofthe case were laid before°them in the journals now moved for: still less could ;they take his offence for granted, as Mr. Ross wa9 doing. Mr. Ross continued—He was about, if he had been allowed to continue, rather to take the blame off Sir W. Congreve- than otherwise (laughter); he was going to show that though his conduct could not be excused altogether, it might be accounted for by the fact that he had ibeen allowed to act according to his own! will, ;and do just as he desired by his superiors. He idid not defend Sir W. Congreve (laughter), "but he wished to bring the blame home to those who were also liable. He hoped the Council would appreciate his motive. Sir W. Congreve's sun was set, he was gone; and it was not welt to attack a man who was down. He therefore brought this complaint against the Government* who were able to bear the burden rOfit. : • ....'.'.• j Mr. Dobbs shortly seconded the motion.

Mr. Ollivieb had no objection to comply with the resolution. The Government was dis-, posed to lay all possible information before the Council; and the returns moved for wore already in course of preparation, in anticipation of the demand now made. As soon as the Government had been made aware of the complaints, they had required the returns to be sent in by the inspector, and they were now in course of preparation. That for the past month was now in the hands of the Government; it was precisely of a similar character to those previously sent in and not one bit more satisfactory. Some blame might be attached to the Government for not requiring the monthly journals to be sent in, but he must say that he himself when he came into office was quite ignorant of the fact that the returns were required. They were not in the habit of being sent in, and it would have been necessary to refer all through the records of a long previous date to have made the discovery that they were requisite. Had the Government known the existence of the evils of which now'such complaints were made steps would certainly have long ago been taken to find a remedy. Whenever complaints had been made to the Government immediate enquiry had followed, and, whenever possible, a remedy had been supplied without delay. At present the inspector had been ordered to take a tour of inspection through the northern district, but he was confined to the house, and forbidden to stir under medical advice., Mr. Hall suggested that the date at which each journal was sent in to the Government should be supplied, as well as the period at which it professed to be the report, as otherwise there would be nothing to • show whether the return had been forwarded properly or not. On another point, it was said that the resignation of the Inspector had been tendered. He hoped that the Government would not accept it until it had been found whether the charges which were now currently made against that officer were capable of proof or not. If he had been guilty of misconduct, he should be dismissed, not allowed to resign. This he asked in justice to their public servants, that a distinction might be drawn between those who do their duty and those who do not.

Mr. Duncan stated that the resignation of Sir Wm. Congreve had not yet been accepted, and that he therefore still held office.

The motion was. then put, including Mr. Hall's suggestion, and carried. After several notices of motion, in the course of which Mr. Ollivier announced that the Report of the Provincial Engineer on the state of the Public Works, and the reply to the Address, would come on on Tuesday next, the Council adjourned till the next evening. $