Provincial Council.

Lyttelton Times, Volume XII, Issue 744, 24 December 1859, Page 3

Provincial Council.

Tuesday, December 20.

The Council met pursuant to adjournment. Present—The Speaker, Messrs. Alport, Bishop, Cass, Cookson, Dobbs, Fooks, Pyfo, Hall, Ollivier, Potts, and Wyatt.

Prayers were read by the Chaplain, and the minutes of last meeting were read and confirmed. On the motion of Mr. Wyatt, the Eegistration Committee, having1 been unable to procure sufficient information to enable them to present a report, wore discharged. On the motion of Mr. Ollivier, in Mr. Rhodes' absence, the " Trespass of Cattle Amendment Ordinance Amendment Bill" was read a third time, passed and numbered 10. The " Sheep Ordinance Amendment Bill" was also, on the motion of Mr. Hall, read a third time, passed and numbered 11.

MUNICIPAL COUNCILS BILL

Mr. Ollivieb then moved the House into committee on the postponed clauses 12, 17, and 24, of the Municipal Councils Bill. Clause 3 was reconsidered and the number of councillors altered to six, nine, or twelve. Clauses 12 and 17, with verbal alterations to suit that in clause 3, were agreed to. Clause 24 was agreed to after striking out the first proviso, making rates paid by tenants deductable from the rent due to the landlord.

The House resumed and the bill as amended was reported

lii reply to a question by Mr. Fooks, Mr. Ollivier stated that the Superintendent had received a communication from his Excellency touching his expected visit, and that a house had been taken in Christchurch for his accommodation. He hoped some hon. member would move a vote of* a sum sufficient to defray the expense of his Excellency's fitting entertainment while in the province.

SUPPLY,

In committee the following sums were voted for the harbor and pilot service at Lyttelton, Mr. Ollivier .stating that it was not intended to erect the proposed beacons on Godley and Adderley heads, but on the latter there would be a small look-out station which would be attended to by the crew of the pilot boat, which Avould be stationed at Little Port Cooper:— ;r :

Harbor master and outward pilot, in addition to fees up to-£IOO £100 0 0 One boatman at ss. Gd. per diem 109 10 0 (Another hand paid by General Government for services to H. M. Customs Department.) Inward pilot (in addition to fees) 100 0 0 Two boatmen at 7s. 6d. per day 273 18 0 Contingencies 80 0 0 Purchase and fitting out of a pilot vessel 300 0 0 Look-out station at Adderley head 100 0 0

£1,063 8 0

A sum of £25 was voted as a gratuity to James Reston, gaoler at Lyttelton, for long aud efficient service.

The chairman reported progress

LYTTELTON AND CHEISTCHUECH EAILWAY,

The house then, on the motion of Mr. Ollivier, went into committee on the railway and loan bills. The position of the clauses in the first named bill were altered —clause 4 being placed between Nos. 6-and 7. In clause 3 the amount of land to be taken for the Christchurch station was fixed, at not less than 22 acres. Objection having been taken to so large an extent, Mr. Ollivier said it was found to be necessary on account of the curve at the Christchurch terminus, and also to allow room for branching off in other directions; 2 acres were also added for a station on the Heathcote. To clause 4 Mr. Hall proposed the following addition, which was carried, on division, by a majority of 3; the numbers being 7 to 4.—"Providedalways that no such deed poll shall include any land in respect of which the compensation to be paid shall not have been ascertained and paid to the parties entitled to receive the same, or deposited as provided in the Act of the Imperial Parliament entituled the Land Clauses Consolidation Act, 1845."

The remaining clauses were agreed to without alteration.

The following amended schedule was adopted:— DESCRIPTION OF LAND KEQUIRED FOB THE BAILWAY.

1. For the station at Christchurch. An irregular plot of land, being part of section No. 79, fronting on the northern boundary of the said section, arid containing 21a. 2b. 16p. or thereabouts.

2. For a station at Green Hammerton. Two plots of land, being portions of section 254, adjacent to the line of railway, containing 2a. more or less.

3. For a station at the River Heathcote. A triangular plot of land, being portions of sections 16 and 245, lying between the River Heathcote and the railway, containing la. 3r. or thereabouts. 4. For the railway. . A strip of land 1 chain in width, together with such further portion as shall be required for fences and ditches and for the slopes of the cuttings and embankments, situated on each side of the centre line of the railway, shewn by a bla^k line on the plan, marked A, hereunto annexed, and described as follows, namely :— Commencing at a point 31 chains west, and 5 chains south of tho south-east corner of tho town belt, Christchurch.

Thence running in a curved direction at a radius of 40 chains for a distanco of 14 chains 40 links across section No, 79, to a point on the east boundary, distant 7 chains 90 links south of the N.E. corner of tho same.

Thence 52 links across a public road to a point on the west boundary of section No. 170, distant 8 chains 20 links south of the N.E. corner of tho same.

Thence continuing 9 chains 50 links across kcc« tion No. 170 to tho cast boundary of tho same, at a point distant 13 chains 17 links from tho N.W. corner of tho same.

Thence in a straight lino 13 chains 70 links across section No. 13, to tho east boundary of tho same, at a point distant 27 chains 90 links from tho N.E. corner of the name.

Thonco in a straight lino 3 miles 12 chains 88 links, crossing tho sevorul sections Nos, 62,48,80,

00, 04,07,1)1, 215, 274, 329, and part of 77, and all tho intervening cross roads and tho River Heathcoto, and continuing thonco in a curved lino at a nulins of 80 chains for n distnnce of 51 chitina 20 links through sections 77,104, ID, 254, and part of 271, and all tho intervening cross roads to a point 2 chains 40 links south of itho.north boundary of section No. 271irfc. .„•?..-:.'■■: 's:%'■■■■■ ■

Thjftco in : jiTslfjughfc:lino ...&■ chains 70 links thro^| Kpart o|?sSctionNb; 27% to .the mouth of tho tSniiel. fc'

Theneo entering the hills by a tunnel, and running in n straight lino 1 mile 49 chains, and thenco curving to a radius of 10 chains for a distance of 4 chains 25 links, and coming out on tho beach near tho end of Dublin street, Lyttelton.

Thonco partly on a curve of 10 chains radius, and partly on a straight line for a distance of 10 chainssolinks to the Government jetty, atLyttelton. N.B. The No 3. of the sections above referred to are the Nos. of the sections on the original map [ of the Chief Surveyor of the Province of Can terbury. 1 The bill was then reported. j The Loan Bill went through committee, and was jj reported without alteration. '} Mr. Alpokt asked the hon. member representing ; the Government if it wore true that a tower 60 ft. j in height was about to be erected at the summit of;' the bridle-path ? •:

Mr. Oluviee said it was not true. But a small station for engineering observations would be temporarily erected there.

Mr. Hall wished to ask when the Council.;] might expect to see the message from his Honor *J some time ago promised, regarding the liability to I the Union Bank ?

Mr. Ollivier replied that he had stated that, ■ should the bank ask for certain securities, then the j nature of their demands would be communicated) to the Council by a message from his Honor. But \ the bank had asked for no security nor Loan Bill; • therefore there was nothing to send a message I about. -

After notices of motion the Council adjourned at 8.15 p.m.

Wednesday, December 21

Present: the Speaker, Messrs. Alport, Cass, Cookson, Dobbs, Fooks, Pyfe, Hall, Ollivier, and Wyatt.

Prayers were read by the Chaplain, and the minutes of the last meeting read and confirmed.

Mr. Ollivier moved the Council into committee of supply to reconsider the vote for the forage allowance to the inspectors of sheep. He said that a memorial had been received from the stockowners in the Northern District, praying that the salary of. the Northern Inspector might be raised to £500 per annum. This, however, the Government did not conceive that they were justified in doing, as they were not prepared to increase to that amount the salaries of both inspectors; and estimating that, the duties of both were about equal, they could not increase the salary of one without also increasing that' of the other. Believing,, however, that the sum voted for forage (£so.each), was inadequate to cover the expenses, he proposed that the £100 on the estimates under 'this heading be altered to £200, " for forage and travelling expenses," This would bring the gross salaries and travelling expenses oi each up to the sum of £400 per annum. Agreed to. The House having resumed,

Mr. Olliviee moved that " his Honor the Superintendent be authorised to appropriate a sum not exceeding £250 to defray the expenses of his Excellency the Governor's entertainment while in the province." He said he had some delicacy in moving this vote, as there was some question as to whether it would be acceptable to his Excellency; who it was thoughb might wish to live retired and avoid all formal enter, tainment..; while; in, the "pro j vince; in. which case, of course,, the sutir would not' be used. Agreed to.

THE MUNICIPAL COUNCILS BILL. On the third reading of this bill,

Mr. Bishop said he could not allow the bill to pass so. rapidly. He was in this matter of the same opinion as he had ever been, and that was that the Bill in the present form was uncalled for, dangerous, and arbitrary; and. he felt bound to say that he believed so entirely misunderstood a measure had never before passed the Council; nor did he suppose it would be finally assented to at headquarters. The various clauses were most confusing. It was like endeavouring to fit on a little child the garments of a 7ft. man. Such powers in the hands of a municipal council in so small communities would cause much ill-feeling and trouble. The bill seemed a copy of an English Act, which in England no doubt worked, well, but it certainly would not do so here. The feeling out of doors was strongly opposed to the measure. The public had watched this measure very quietly; there had been no expression of feeling on their parts, because they relied on the judgment of their representatives preventing the passing of such a bill as this. In almost every clause he could, point out some severity, some injustice, some inapplicability, or something incomprehensible by the public.

Motion put to a division: Ayes—Messrs. Alport, Cass, Fooks, and Ollivier. Noes—Messrs. Bishop, Cookson, Dobbs, and Fyfe.

The numbers being equal, the Speaker gave his casting vote with the ayes.

The bill was then read a third time.

On the motion that the bill do pass, Mr. Bishop again objected, feeling it his duty to oppose the bill step by step, through all its stages.

Mr. Ollivieb, while acknowledging the right of the hon. member to take the course he had chosen, hoped, nevertheless, that he would waive his objections to the bill. The hon, member had said that the bill was a copy of an English act. Now it was not so. All the municipal clauses were taken from and were nearly identical with those of a measure now in beneficial working in Victoria. Only the clauses relating to provision for a board of health were the same, or nearly so, with those in the English act. The hon. member, Mr. Bishop, himself allowed that some such measure for regulating the affairs of the towns was necessary; and without this measure the Government could do nothing; they could not oven enter on private property to ascertain what was necessary and feasible to be done. This, measure was no now one. Such a one had been often asked for in Lyttolton. Moreover, the towns were not compelled to have the measure; but still it was absolutely necessary that some such powers as those conveyed in the bill should exist for use if necessary. This bill was identical with one which ho had no reason to believo was not in beneficial working in Wellington, where some such measure had been found absolutely necessary. And this would soon bo tho case with Christolmrch, Lyttelton, and Kaiapoi. Hon. members were alarmed at the 101 clauses of this bill; but thoy were all very simple, and their number would not in any way disadvantageous^' affect the working of the measure.

Motion put and carried on division :— Ayes—Messrs. Alpovt, Cass, Cookson, Fooks, and Ollivier—s.

Noes—Mossra. Bishop, Dobbs, Fyfo, and Hall—4.

The bill was then passed and numbored 12,

Tho Railway and Loan Bills were thon road a 3rd time, paused, and numbered respectively, 13 and 14. Mr. Fookb moved that " His Honor thn Superintendent bo authorisod to appropriate ouo1 thousand acres of land to defray tho oxponses of continuing tho improvements on the Suinnor Road." Ho said, as tho Kail way Bill hud now passed, at least live years must olapso boforo wo should havo any good road to Lytteltou. Thoro woro many dangorouspavts on tho guonoad, along which tho

■great incrcaso of traffic rendered repairs and improvements tho moro necessary. The chief works required were dwarf walls along tho more dangerous side cuttings. Mr, Olliviku had do opposition to offer. He believed parties could easily'bo'found willing to contract for this work within tho estimate of tho Provincial Engineer, and to receive payment in land.

Mr.''Bishop called attention to the mud flat m tho worst part of the road, and requiring most attention.

Mr.'OrxiviKß believed that 300 acres.of land would be enough to pay for the formation of this part of the road. Motion put and carried. Mr. O&livieu gave notice that on Friday he would move a suspension of standing orders, to enable him to take the Appropriation Bill on that day through all its stages. His Honor the Superintendent would also on that evening be prepared to prorogue the Council. .•VAfter other notices of motion the House adjourned at 6.10 p.m., to Friday at the usual hour.