The Lyttelton Times.

Lyttelton Times, Volume X, Issue 626, 6 November 1858, Page 4

The Lyttelton Times.

Saturday, November 6. The want of ready communication between the port and the plains is acknowledged on all hands to be the one great drawback to the otherwise extraordinary progress of this province. There have never been two opinions on this subject. But the opinions as to the means of overcoming* this difficulty have been almost as many as there are . inhabitants in this province. It has i not as yet been sufficiently recognised that in order to carry out a great work we must merge individual opinions to some extent in order to agree upon some one practicable plan and stick to it. It is well known how the province *has blown hot and cold in alternate fits on the Sumner road project. We have always maintained that the formation of that road is only a question of time; and that, whatever else is done, that road must eventually be completed. We cannot,, however," shut our eyes to the fact that at the present momert the majority of the public are averse to it, and that no sufficient sum of public money would be voted for its completion. ~ But those who advocated the completion of the Sumner road most strongly never fe^n^c^g^^^^ province. Most of those who have paid any attention to the subject have agreed in considering a tunnel through the hill and a direct line of railway from Lyttelton to Gnnstchurch as the only means of really abviatmg the difficulties of communication. a great difference of opinion has prevailed is to the probable time at which the province would be ripe for such an undertaking some men are naturally more sanguine than others; and until lately the data ipon which any calculations could be framed have been so vague as to make an opinion on the subject merely a question of taith or no. faith in the large resources of ;he settlement. Even now opinions must 3e to a great extent based upon the same ground; we must be prepared to have confidence in the future if we venture to undertake so large a scheme. The question now to be considered is— Do the present resources and prospects of the province warrant us in believing that jvc shall emerge from infancy into manhood within the next seven or eight years f We believe that they do, and that the time has come for making a vigorous effort to seize and hold all the advantages which are within our reach. The grounds on which we form this opinion are open to the public, and every one can judge for himself of their justice or injustice. With those who have not the same confidence as ourselves we cannot of course ar^ue • starting: from such different premises it is not likely that we should .come to the same conclusion. But to those who have as full confidence as we have m the rapid progress of the province-during the next ten years we would urge the necessity of not going- to sleep over our prosperity. We must be prepared to take the tide of our affairs at the^flood ,f we wish to lead on to fortune. Uautioa is indeed a necessary virtue: but there i 8 such a thing as over-caution y the caution which induces some men to delay tnf^'Ti^ expenditure, till they are forced into it by immense losses, is not prudence, legitimate caution ought rather to lead us m-k^Tl fu T turelosses present enter! m»l n* l 0n Per the time required to about ie.J Unnel; the.?? oner should we set bo " pVosed! y ****** meth°d °f ***** Whatever evidence on the subject can be obtained at once in the province is nro mised, to be laid before tbe P<£n»s. X j J

Government urges upon that body th< necessity of taking" immediate steps in tin matter, and shows that our Revenue: justify the undertaking*. A proposal has been submitted for commencing' the worl with the local means at our disposal ; bin the Provincial Secretary did not insis; upon this. In the question of so large i work, where the evidence attainable ai short notice is necessarily so incomplete the consideration of the best means o: effecting' the desired object is one whicli should occupy the serious attention oi the Council. If the Provincial legislature is prepared to pledge the province to carry out the work, perhaps as good a plan as I any to pui'sue would be to invite one oi the large English engineering companies to undertake it, guaranteeing to them foi a certain number of years after the opening of the railway 5 per cent, on the capital expended. If they chose to enquire into the matter, the province, might undertake to pa} r the expenses of one of their own engineers sent out to enquire and report upon the feasibility of thel scheme. This plan would, obviate many of the objections against the tunnel, on the ground that we were undertaking it in the dark, or that we were burdening ourselves with a speculation which would more legitimately belong to the province of a private company. The Provincial Council have a yery serious question before them, and the province will hold its representatives responsible for its due consideration. Delay or hesitation now may cost us thousands and thousands of pounds for' many years to come. We are at length able to present to. our readers the last Acts ot the General Assembly in a summarised shape; thus completing the series. No. 73. The Gold Duty Act provides for levying a Customs Duty of 2s. 6d; per ounce on all gold exported; power being reserved to the Governor until next session of'the General Assembly to lessen or remit the duty from time to time as he shall see fit. The revenue arising from such duty is not to be dealt with as or° dinary revenue; the expenses.of the Government of the Gold Fields are to be defrayed out of it, and^ the surplus is to go to the province wherein it is raised as though it were revenue arising from Waste Lands. This Act' is reserved for the signification of. her Majesty's No. 7-1. The GolifTZiZtdfr^cTr-ts-aUrT-^. served for the signification of her Majesty's pleasure. The Governor may proclaim any district to be a gold field within the meaning ol this act. 'Miners rights' may be issued, elch of which shall authorise its holder to mine for gold within the gold fields, subject to the reflations, on payment of a fee of £I—the right to hold good for 12 months. Business licenses may be issued at a fee of ss. each, enabling the holders for 12 months to occupy waste fands within the gold field for the transaction of business, subject to certain regulations. The Governor may fix the licenses to be charged for the sale of spirituous liquors, wines, ale, &c , either on the gold field or within three miles of its boundaries, and any one selling without a license under this Act may be fined £50. Mining leases may be granted for 15 years by the Governor, according to regulations to be made from time to time. The Governor in Council may make rules regulating mining i n gold fields. On petition-of 100 miners, the Governor may proclaim a district for the purpose of forming " Mining Boards," to be elected according to regulations issued by him. The Board to frame all regulations respecting quantity and form of land to be occupied1 under miner's right, &c, &c. Such regulations to be approved by the Governor and published in the Government. Gazette. The Governor may constitute warden's courts to act alone, or with assessors or juries. All questions arising from breach ot regulations on gold fields, or affecting miner s rights, are.to be.summarily decided by these courts; the decision to be irrespective of rules of law. Nine sections prescribe penalties for various offences. Rents, royalties, &c, are to be paid to the receiver of land revenue, and to be chargeable with expenses; provided that when the Governor's powers have been delegated to the Superintendent, the cost of management of gold fields may be regulated by Ordinances of Provincial Council. No. 75. The Waste Lands Act is reserved tor the signification of her Majesty's pleasure Certain Acts, Ordinances, and Regulations specified in schedule, are to hare effect in the provinces to which they refer, subject to the following exceptions. .1. No larg«r quantity than 320 acres shall seputup for sale by auction in any one lot, md the upset price shall in no case b<? less than >s; an acre. : - . 2. No land after the l»t August, 1860, Bhall >o sod upon credit, except such as it may be awtul to set apart for special settlement by mmigrants expected to arrive. 3. Should more than one person apply on the ame day for the name land open for selection at • iixed price, such Jand muHt bo put up to uct.on at an upset price of the name amount * the fixed price. This provision shall; not xtendtoapnhcai.ons heard before the Waste writs Board of Canterbury. Thr: Governor in Council Jeay.augment price

3 of land on recommendation of Superintende 3. and Provincial Council.« Subject to the ord' 3 an.cc in schedule the Governor is to appoint officers and to exercise powers that may h *' been vested in Superintendents: provided l\.l J- the Governor may delegate to the Superintpn c dent or to such other person as he may thinl t fit, the powers committed to'him under tl»i t Act: provided also that such powers as W t existing law may be vested in the Superinten ( dent on the coming into operation of this A Z <■ shall bo deemed to have been duly delegate i Revenue arising from Crown grant fees shall be . first chargeable with the maintenance of 1 Crown Grant Office. That part of Section 62 1 of the Constitution Act winch provides that thi» Governor may pay out of revenue arising from waste lands the necessary expenses is repealed • such expenses to be regulated by Provincial Councils. Accounts to be audited by Secrehrv for Crown lands. The Governor may make reserves, change the purpose of them, or sell them In order to encourage the settlement of naval and military settlers in the Northern Island, such settlers are entitled to land free of cost in the Provinces of New Plymouth and Wellington on the same terms as it is granted under the Auckland Waste Lands Act. The (xeneral Assembly Acts, intituled " The Waste Lands Act 1854," and "The Provincial Waste Lands Act 1854 " are repealed. As regards Canterbury, the schedule includes the law as it stands at present, together with the amendment passed in the9fch session of the Provincial Council and reserved for the Governor's assent. This last will become Jaw as soon as this act has been assented to by her Majesty. No. 76. The Land Claims Settlement Extension Act extends the time for initiating proceedings respecting voidable grants, and for fihng notifications from Ist July, 1858, to Ist July, 1859. Its provisions are supplementary to those of the Act of 1856, for regulating the settlement of land claims. This Act is reserved for the signification of. her Majesty's pleasure. No. 77, The Land Orders and Scrip Aot repeals the Act of 1856, providing, however, that everything done under that Act should hold good. New Zealand Company's land orders may be laid down in the province within which the settlement lies where they were originally issued (except New Plymouth). Commutation of land orders for Government scrip is declared valid up to the 17th August, 1858. Scrip may be exercised in the province within which the settlement is situated in respect of which such [ scrip was issued. The scrip to be valued so that £1 should represent the upset or fixed, price of one acre. When selection has been made of land over which native title is not extinguished, land orders, «&c, are to. be deemed unexercised, and exercisable as such. Special conditions am. laid down for the exercise of original land :_orders_in the Manawatu block, and of land, orders an^crip ™ -tha Province of New Plymouth. This act is reserved for the signification of her Majesty's pleasure. No. 78. The Highways and Watercourses ntverswn Act is reserved for the signification of her Majesty's pleasure. It; enables Provincial Councils to pass ordinances for diverting roads and watercourses and disposing of the soil thereof. All ordinances heretofore made by Provincial Legislatures in this behalf and not disallowed by the Governor to be deemed to have been valid from the passing thereof. The Governor may issue Crown Grants in the uaual torm for lands disposed of under this act. No. 79. The Bay of Islands Settlement Act enables the Governor to establish a settlement m the Bay of Islands for colonisation by her Majesty's subjects without distinction of race • such settlement must not exceed 250,000 acres in extent; compensation is to be given for land reserved or taken under this act; the amount to be determined, at the option of the owner of the land, either by a Land Claims Commissioner or by two arbitrators, one chosen by himself, the other by the Colonial ■ Secretary. The Colonial Treasurer will issue a certificate for the amount of compensation entitling the holder to select waste land to the amount thereof within the Province of Auckland, subject to the law in force for the disposal of such land. Ine Governor shall cause a town and suburban and rural sections to be laid out, to be disposed of according to regnlations issued by the Governor in Council. The proceeds shall go.to the formation and laving out of the j settlement, the making of roads," &c, the estab- § hshment of schools and other public institutions, I and the promoting of immigration. The land I fund will be chargeable under the New Zealand I Loan Act, as waste lands revenue in other parts I ot the colony. This , act is reserved "for the I signification of her Majesty's pleasure thereon. I No. 80. The Native Territorial Bights I Act enables the native tribes of New Zealand to I have their territorial rights ascertained, and to I authorise the issue in certain cases of Crown I Grants to individual natives where the native 1 title has been.ceded for that purpose. The I estates and interests created by such grant may I be made either alienable or inalienable. When 1 land which has been made alionoblelto Euro- I peans has been so alienated, ten shillings per i acre must be paid into the Treasury. Not 1 more than 50,000 acres shall be granted in uny 1 one year, nor shall any grant be issued under 1 this act after the 31st December,'lß6l. Any W revenue arising under Ihis Act jh first chargeable jj as WaHte Lands Revenue under the New 1 Zealand Loan Act, and the surplus is to be /I expended on improvement in the vicinity of / I lunda in respect of which the 'money,has been I raised. Him-eastes are to be deemed natives for tho purposes of this Act. This Act in re- | served for tho uignifieaUon of Her Mnjefity'H / j pleasure thoroon, 111