PROVINCIAL COUNCIL.

Marlborough Press, Volume I, Issue 31, 4 August 1860, Page 2

PROVINCIAL COUNCIL.

WEDNESDAY, JULY 25. ‘ Present; The. Speaker, the Superintendent, Messrs. Ward, Baillie, Elliott, Eyes, Sinclair, Dodson, Seymour, and Godfrey. Minutes of preceding meeting read and agreed to. AUCTIONEERS’ LICENSING BILL. Mr. Godfrey moved, according to notice, the third reading of the Auctioneers’ Licensing Bill. Agreed to. The Bill was then read a third time and passed. WASTE LAND REGULATIONS. The Superintendent laid on the table a draft of Regulations for the Waste Lands of this province, and moved the appointment of a select Committee to take them into consideration. The committee to consist of Messrs. Elliott, Seymour, Sinclair, Godfrey, and the mover. The report to be laid before the Council on Friday next. Agreed to. ESTIMATES. The Superintendent, according to notice, laid on the table Estimates of the probable income and proposed expenditure of the province, and moved that the Council go into committee on the Estimates; Mr. Goulter in the chair. The motion was agreed to, and the Council went into committee accordingly. The items in the Superintendent and Crown Land, Treasurer’s, Audit,' and Gaol Departments were passed, after discussion on some of them. The Police Department was adjourned after some discussion on the number of Constables required and the forage, &c.,for horses, until the Resident Magistrate’s opinion on the subject was obtained. In the Provincial Council Department, the consideration of the item “ Speaker, also acting as Clerk £100” was postponed. The items “Library and Newspapers, £20,” increased to £3O; and “Contingencies, £10”.to £2O. The rest of the items were passed as laid on the table. The Council then resumed, and the Speaker reported progress. 1 . • CORRESPONDENCE ON PROVINCIAL MATTERS. The Superintendent laid on the table, in compliance with a request made the previous day, the following letter:— (Copy.) “ Crown Lands Office. “ Auckland Bth June, 1860. “Sir —I do myself the honour to acknowledge the receipt of your letter of the 25th ultimo, requesting that your provincial appointment as Commissioner of Crown Lands may he confirmed, and suggesting that new Land Regulation should he prepared more in accordance with the requirements of the Province of Marlborough. “The Government do not contemplate making any change atpresent in the administration of the Land Department in your Province, but as your appointment has already been gazetted, it would not seem necessary to republish it, a course which would not confer upon you any powers not already conferred by the Commission under which you act. “ Your reference to the 4th Clause of the Regulations in connection with this subject seems to imply that you conceive yourself to be acting under the Waste Lands Bill of tlie Nelson Province, as the 4th clause of the Regulations of the Ist July, 1856, does not refer to the duties of the Commissioner. To prevent any possible misconception on this point, I beg to refer you to my letter of the 7th February last, No. 20. “ I shall be happy to receive any suggestion which you may desire to offer to the consideration of the Government towards improving the Regulations of July, 1856; reminding you however that they, and all other Provincial Land enactments, are fixed by the Act of the General Assembly, and withdrawn from the power of alteration, exeept as provided by the second clause of the Waste Lands Act. “In reply to the remaining portion of your letter, which has reference to the proper Department of the Government to which to address your official correspondence, I have the honour to request that you will direct all communications, as Commissioner of Crown Lands, to this office, and also all correspondence of the Superintendent having reference to the subject of Crown Grants. “ I have, &c., “ H. J. Tancred." Mr. Godfrey asked the Superintendent if he had received any communication from tho authorities in Auckland in reference to the right of the Resident Magistrate to call a public meeting. The Suferintendent said that he had received a letter on that subject, which he would lay on the table, as early as possible. The Council then adjourned.

THURSDAY, JULY 26. Present: The Speaker, Messrs. Ward, Baillie, Elliott, Seymour, Godfrey, and the Superintendent. The minutes of preceding meeting having been read and agreed to, Mr. Godfrey moved that the Council adjourn until 10 o’clock the following day, which was agreed to, and the Council adjourned accordingly. FRIDAY, JULY 27. Present; The Speaker, Messrs. Ward, Baillie Elliott, Eyes, Sinclair, Dodson, Seymour, God frey. and the Superintendent, Minutes of preceding meeting were read and agreed to. SUSPENSION OF STANDING ORDER. The Superintendent moved the suspension of Standing Order No 32, to enable the Council to take the Estimates into consideration previous to the motions- standing on the notice paper fpr the day. Agreed to. ESTIMATES. The Superintendent moved that the Council go into committee on the Estimates; the Speaker in the chair. The motion was agreed to, and the Council went into committee accordingly. On the item, “ Speaker, acting as Clerk, £100,” being put, some discussion ensued : ultimately the following was agreed to, “ Speaker, acting as Cleric and Immigration Secretary, £100," All the items down to “ Contingencies £lo,’’

in the' Engineer's Department,- were’ agreed to; - and on the motion of the Superintendent the >, amount for that item was increased to £2O. On the item “Public Offices £1,000” under the head “Public Works and Purposes ” being put, Mr. Elliott asked what kind of buildings it - was the intention of the Government to ei’ect, or whether the £IOOO put down was to be merely an instalment. The Superintendent replied, the buildings were intended , for offices for Clerks and heads of Departments, Council Chamber, fto be used • •also as- a Court House) Registration Office, &c:, and he believed.they would be constructed similar to the buildings’at present occupied by the Government, though with increased accommodation. Mr. Eves asked if it was the Superintendent’s intention to.carry out Mr. Seymour’s motion in it entirety, or make the roads first. The Superintendent replied, that he was very anxious to get the roads made, and should use every exertion for that object: but he could not see that the erection of buildings Would interfere ; with the making of roads. Mr.ErES moved as an amendment that the item be struck out. Mr. Sinclair stated that it had been admitted on all sides that the public buildings were not . : required immediately, and would propose that . T the £IOOO be not expended until roads and bridges were made. Mr. Seymour .said it would be impossible to tell when the roads and bridges would bo duly provided for; and- the public buildings were entitled to a share of the money to be expended, whilst they had that money. Mr. -Eycs’s amendment was put. Ayes—Messrs. Elliott, Eyes, Sinclair, and Dodson. Noes —Messrs. Ward, Baillie, Seymour, Godfrey, and the Superintendent. Amendment lost. Mr. Sinclair moved as an amendment that the sum of £IOOO be voted for public buildings; and the expenditure of that sum postponed until the roads and. bridges, were provided for. Ayes—Messrs. Elliott, Eyes, Sinclair, and Dodson. Noes —Messrs. Ward, Baillie, Seymour, Godfrey, and the Superintendent. • ; : Amendment lost. .The item “ Public Buildings, £1000,” was then I>ut. Ayes—Messrs. Ward, Baillie, Seymour, Godfrey, and the Superintendent. * Noes —Messrs. Elliott, Eyes, Sinclair, and Dodson. The original item carried" Item, “ Gaol, £1000." Mr. Sinclair moved, as an amendment, that £3OO would bo sufficient for present purposes, viz., addition to lock-up and a small gaol at Blenheim. Mr. Elliott thought that sum was quite .. -sufficient for one year at least, as the bulk of the .population was at Blenheim. Even gentlemen who had the most favourable opinion of Picton must admit that the principal business of the province would be transacted here for two or three years. The Superintendent disagreed with the last speaker; the- Council had already voted £IOOO for public buildings, and on that ground alone ho would support the Original sum, £IOOO even was a small sum for such a purpose. He was •opposed to any enlargement of the loclc-np here, for it would be merely used as a temporary place “until prisoners could be removed to Picton. Mr. Eyes said he saw no connection between the Executive and the Gaol. It was impossible to predict the future, but it must be admitted that it was necessary to increase the gaol and lock-up here. He would say again that the expenditure of this £IOOO was not required, and he based his opinion on the fact that there were no prisoners ; and besides there would have to be a great increase of population at Picton before it was found to be the best place. The amendment was put. Ayes—Messrs. Elliott, Eyes, Sinclair, and Dodson. Noes—Messrs. Ward, Baillie, Seymour, Godfrey, and the Superintendent. Amendment lost. Oii the original item being put the result was:— Ayes—Messrs. Ward, Baillie, Seymour, Godfrey, and the Superintendent. Noes —Messrs. Elliott, Eyes, Sinclair, and Dodson. Original item earned. Item, “ Temporary, Customs House and Post Office at Picton, £200.” Mr. Elliott asked if Picton would be made a port of entry. The Superintendent stated that it was their intention to make application to the General ■ ’ 'Government shortly for it to be made a port of entry. Mr. Eyes would oppose any sum being voted for that purpose until Picton was made a port of entry; and moved as an amendment that the item be struck out. Mr. Sinclair considered that where the most 1 .money was received for customs duties was the place for a port of entry; and that the Govern--ment would not be acting wisely, financially, to close what was now a source of revenue. He considered that Port Underwood ought to be included within the limits of the present port. Offers for vessels to come to Port Uuderwood had been made if very small inducement were ffield out. And the present was the most convenient place for the other districts. The Superintendent said that convenience made little or no difference. Customs Officers used to come from Nelson to clear out vessels, and such officers from Picton would no doubt do the same. Mr. Sinclair said several vessels had gone to Nelson and Wellington to clear out.. Amendment put. Ayes—Messrs. Eyes, Sinclair, and Dodson. ,Noe3 —Messrs. Ward, Baillie, Elliott, Seymour, Godfrey, and the Superintendent. Original item put. Ayes —Messrs. Ward, Baillie, Elliott, Seymour, Godfrey, arid the Superintendent. Noes—Messrs. Eyes, Sinclair, and Dodson. Original item carried. Item, “Repairing and Making Roads from the Wairau river at the proposed cart ferry to Picton, £2,500.” An amendment proposed by Mr. Sinclair Ihat £2,500 be voted on condition that the sum •was not expended until it was found that sufficient money would be reserved for main trunk lines, was negatived, and the original item carried. All the amounts from “ Surveying, &c., £l5O, to Compensation for altering roads, &c., £300,” •inclusive, were struck out, on an amendment of Mr. Elliott’s, and the sum of £4,000 voted to be spent for the purposes enumerated, at the discretion of his Honour the Superintendent.

Bridges; £2,800. On an amendment of Mr. Sinclair’s, all the words in the sth item after “Creek ” were stiuck put; the 6th item was also struck out, and the words “ Bridge on creek at the back of Siminonds’s, on the road to Awatere ” inserted ; and the sum to be expended on the works specified increased to £3,000. In the Bth item, the words “ at section 55 ” were struck out. All the other items down to “ Fencing in Cemetery at Wairau Plain, £30,” were passed; and £BO was voted for fencing both the Cemetery at Wairau Plain and Picton. All the remaining items were agreed to as laid on the table, except that of “Education, £200,” which was increased to £3OO. The Supplementary Estimates were agreed to as laid on the table. The Council resumed and the Chairman reported progress. STOCK REGULATION BILL. The Superintendent moved the Ist reading of the Stock Regulation Bill. Agreed to, and Bill read a first time. DRAINAGE OF LOWER WAIRAU. Mr, Elliott moved, according to notice, “ That it is the wish of the Council that His Honour the Superintendent should take measures to ascertain what works are necessary to secure the’proper drainage of the Lower Wairau district and secure the same from damage by Hoods; and to introduce in the next session of the Council a bill to authorize the Government to undertake Such works, and to lay a special rate upon the land thereby reclaimed to defray the cost thereof.” Agreed to. APPOINTMENT OF AUDITORS. Mr. Seymour moved, according to notice, that Mr. Baillie and Mr. Godfrey be appointed auditors on the part of the Provincial Council of Marlborough. Agreed to. ALTERATION OF ROADS BILL. The Superintendent moved the second reading of the Alteration of Roads Bill, and that the Council go into committee on the hill tomorrow. Agreed to. Bill read a second time. TIME OF COUNCIL SITTING. Mr. Seymour moved, according to notice, that Standing Orders three and four be suspended, and that the Council sit from ten on Saturday morning till eight in the evening. Agreed to. WASTE LAND REGULATIONS. The Superintendent brought up the report of the Select Committee on the Waste Land Regulations for recommendation to the General Government. Mr. Elliott moved that the report be ordered to lie on the table. Agreed to. The Council adjourned until 10 o’clock next day. SATURDAY, JULY 28._ Present: The Speaker, Messrs. Ward, Baillie, Elliott, Eyes, Sinclair, Dodson, Seymour, Godfrey, and the Superintendent. Minutes of preceding meeting read and agreed to. SUMS VOTED AND EXPENDED BY NELSON FOR THIS PROVINCE. Mr. Eyes asked His Honour the Superintendent, if lie had received any answer to the letter he had written to the Superintendent of Nelson asking for a statement of the sums voted, and expended for this province ; and if so to lay the correspondence on the table. The Superintendent laid on the table of the Council a letter from the Superintendent - of Nelson. TRUST FUNDS. Mr. Eyes asked His Honour the Superintendent if he would lay on the table any correspondence he might have on the subject of the Nelson Trust Funds. The Superintendent laid the following on the table; — _ (Copy.) “ Trust Funds Office, “Nelson, May 31st, 1860. “ Sir—l am instructed by the Trustees of the Nelson Trust Funds to forward to you the annexed resolution unanimously passed this day. “ I am &c., “A. G. Jenkins, “ Secretary. “ To William Adams, Esq., Superintendent of the Province of Marlborough.” “ Resolved with reference to the Messages received from William Adams, Esq., Superintendent of Marlborough; “ That the Trustees refer Mr. Adams to the various Acts relating to. the management and application of the Nelson Trust Funds, and to the published accounts of the expenditure of those Funds. “ The Trustees decline to recognise any right on the part of an individual elector to demand any accounts other than those which are published in accordance with the Trust Funds Acts.” Mr" Eyes asked His Honour the Superintendent what course he intended to pursue with regard to the Trust Funds, and how he meant to treat the letter which he had received from the trustees. The Superintendent replied that he wished to have an expression of opinion from the Provincial Council as to the course he should pursue to obtain a share of the funds for this province. Mr. Eyes said that when in Nelson he had made application to the Bishop of Nelson for a sum of money to he expended in the erection of a Church at Blenheim, and £2OO had been granted for that object out of money given to the Bishop of Nelson from the Trust Funds, for religious purposes. Mr. Godfrey moved that His Honour the Superintendent be requested to employ a legal gentleman to prepare a case, and to take the opinion of counsel thereon, as to the right of this province to receive its share of the Trust Funds. Agreed to. CORRESPONDENCE. The Superintendent, in accordance with a request made on a previous day, laid the following letter on the table of the Council:— (Copy.) “ Colonial Secretary’s Office, “Auckland, 30th June, 1860. “ Sir—With reference to your Honour’s letter of the 12th instant respecting a public meeting having been called by the Resident Magistrate •at Blenheim for the purpose of discussing the necessity of erecting public offices, I have the honour to inform you that a letter lias been addressed to that officer representing that the

Government consider it improper for a judicial officer to take active steps in organizing meetings for the discussion of political subjects. “ I have the honour to he, “ Sir, “ Your most obedient Servant, “ E. W. Stafford.” ROAD BOARD EXPENSES. Mr. Baillie moved, according to notice, tiiat His Honour the Superintendent be requested to place on the Supplementary Estimates the sum of £35 in payment of old Road Board account. Council divided. Ayes—Messrs. Baillie, Elliott, Eyes, Dodson, and Seymour. Noes—Messrs Ward and Godfrey. PILOT AND SIGNALMAN. Mr. Eyes moved, according to notice, that His Honour the Superintendent lie requested to put the sum of £IOO on the Estimates foi Pilot and Signalman at Wairau River’s month. Mr. Ward moved as an amendment that the sum be £SO, and the word “pilot” left out. Council divided. Ayes—Messrs. Ward, and Godfrey. Noes—Messrs. Baillie, Elliott, Eyes, Sinclair, Dodson, and Seymour. Amendment lost. The original motion was put and agreed to. AID TO TARANAKI REFUGEES IN NELSON. Mr. Eyes moved, “ That His Honour the Superintendent be requested to place upon the Estimates the sum of £250, to be transmitted to the Treasurer of the Taranaki Aid Committee, Nelson, and applied by him in such manner as he may think proper in aid of such persons in Nelson belonging to Taranaki, who may have suffered during the native war; and that His Honour the Superintendent be requested to write a letter of condolence to the Superintendent of Taranaki expressive of the sympathies of this Council with the unfortunate inhabitants of that province.” a POLICE DEPARTMENT. The Resident Magistrate having attended and given evidence as to the requirements of this department, Mr. Eyes moved that His Honour the Superintendent be requested to place such sum upon the Estimates as would duly provide for the efficiency of the police force of tiie province, as recommended In' the Resident Magistrate. ESTIMATES. Mr. Elliott moved, That the Council go into committee on the Estimates; Mr Coulter in the chair, which was agreed to, and the Council then went into committee. In the Police Department the item “ Forage for two horses, &c., £30,” was altered to “Forage, Furniture of Horses, Shoeing, &e., £G0;” and the following items added, “District Constable, Picton, £30;” “Material for stable for Constables’ Horses, £50.” The following items were added—“ Pilot and Signalman, Wairau River Mouth, £100',” “ Aid to Taranaki Refugees, £250.” For the item “ Furniture for Resident Magistrate's Office ;” the sum of £25 was put down. The sum of £35 for expenses of the old Road Board was added to the Supplementary Estimates. The Council then resumed, and the Chairman reported the Estimates, as p.assed; also the Supplementary Estimates. STOCK REGULATION BILL. Mr. Seymour moved that the Stock Regulation Bill be read a second time. Mr. Elliott said it was usual when so important a measure as the present was brought forward, for the mover to explain its objects, and to enlarge somewhat on the advantages likely to he obtained through its operation. Mr. Seymour said that the stock in the province was under no regulation whatever; and the want of such an act as the one before them was felt by almost every stockholder in the country. He had not thought it necessary to enter into a long explanation of the objects of the measure, because the principal portion of it had been previously discussed by that Council, and had even passed a second reading. Mr. Elliott rose to oppose the second reading of the bill. The measure was of as great importance as any which had been before the Council that session, and would affect, more or less, all the owners of stock in the province. He considered that Mr. Seymour had not made out a case. Some of the provisions he (Mr. Elliott) thought might he desirable ; but he contended that the common law of England fully protected the rights of individuals; and an injured person, in case of trespass, or any other infringement upon his rights, could obtain redress. It was a maxim that wherever there was a wrong there was a remedy. The stockowners liad power already to vindicate their rights, if they thought proper to use it; and it was their own fault if they did not do so. He considered that the bill was wrong in its material principles; and if ready to accede to the necessity of such a bill, he should oppose it in its present shape. He did not know whether the hill had been framed by the honourable mover or by the Government, but he felt convinced that it had not received minute consideration. It was a mistake altogether to combine the law of trespass with the regulation of stock; each ought to form separate enactments, if required at all. The honourable member then read a portion of the ordinance proposed to be repealed in the preamble of the Stock Regulation Bill; and said that that ordinance provided for the recovery of compensation for damage done on fenced land only, whilst the bill before them included unfenced land also. He believed that the inhabitants of this province generally did not know its bearing upon their interests. He thought that some suffered considerably through cattle being permitted to roam at large anywhere, and a great deal of practical good to some districts might result from a proper restriction being placed upon them; much of the land around them might be brought into cultivation without the. expense of fencing being incurred, if such a principle were' allowed to be enforced. But he should like to give the subject more consideration; and thought that if a bill were brought forward next session, after it had been printed and circulated some time, they would be in a better position to legislate upon it. The question of trespass upon fenced and unfenced land was a vexed and uncertain one, and would provoke much litigation; and he thought that if the present bill were passed, there would he an unanimous desire for its repeal before the Council was again called upon to legislate. Clause 2 referred to the provisions of the Impounding Ordinance. He thought those provisions had not been read with proper attention by the framers of the bill; they were framed principally for Auckland, where there was a community totally different from theirs, in fact those provisions were only suited to a small agricultural country. If they would seriously

look at'some of the clauses of the bill, they would find them to be .unsuited to this province, and if carried out would involve a Serious expense and loss. If the bill were passed, he felt convinced that it would be inoperative. He would draw their attention to the matter of the pounds that would be required for such a. wholesale impounding of cattle. It was a simple matter to impound a few head of cattle, but what were they to do with herds of cattle and flocks of sheep V The estimates were passed, and no provision had been made for the erection of pounds on such an extensive scale, or tile payment of ponndkeepers. It must be clear to every man that an impounding ordinance applicable to an enclosed district was not applicable to a district like this. He then quoted from the Impounding Ordinance to show the course that would have to be taken ; and maintained that to give the bill practical operation, they must provide for incalculable numbers of cattle —not only for their detention, but also for their keep for an almost indefinite period. Five clear days’ notice of impounding were required to be given. ’ And how was that to he done ? They had no mails ; and many obstacles were in the way of regular and expeditious communication. Then, again, what were they to do with infected stock, to prevent them being mixed with disinfected ? Ho was unwilling to occupy the time of the Council unnecessarily; and he was sure the promoters of the bill would sec some of the difficulties that would attend any attempt to bring it into force. Instead of going through the bill clause by clause, he would briefly state his own views, and endeavour to show the impossibility of complying with its provisions. With regard to clauses 4 and 5, he would ask them to consider the difficulty of collecting together a scattered flock of sheep, and the impossibility of a drover being always able to secure his cattle during tlie night in enclosed land. They tvere matters that could not he provided for by enactment; they must trust to the proper feeling of the stockowners. The Government, or the honourable mover, had conceded a small point; for the original hill did not allow an owner of stock to drive a single head of cattle off his land or run without notice, whilst the present hill did allow five head of cattle or fifty wethers to be taken off. He would cite a few instances to show what would he the consequences of the hill becoming law. Suppose Mr. Canning wished to send one hundred sheep to market, he would have to give notice to Dr. Monro, Mr. Paslcy, Mr. Elliott, Mr. Wcmyss, Mr. Watts, Mr. Fraser, Mr. Thomas Ward, and others; then again, how was Mr. Joseph Ward to give notice to people on the other side of the Clarence River, which was liable to be flooded at any time. And again, in the case of Mr. H. Stafford, it would take one man a fortnight to give notice of the intention of that gentleman to take upwards of fifty sheep from his own run. What trouble and annoyance would he thus given to a man in dealing with his own property. Where was the necessity ? If it were shown to be needed he might concede; but there had been no nececsity stated. Notice of mustering cattle once or twice a year might be of advantage. But lie felt convinced that if the bill before them were passed, it would not be acted upon; it would be defied; and the matter brought before the Supreme Court. For he felt certain that they -would not be allowed to prevent a man from removing his own property. Then again, what were they to understand by the word “adjoining”; most of them had from their former experience in Nelson found that it admitted of a very wide definition. ■But he would not occupy the time of the Council any longer and would conclude by moving that the bill be read that day six months. The Superintendent said, the honourable member’s strictures on the member for Picton not having spoken more fully on the objects of the bill were misplaced, as the hill had already been considered in committee of the Council, and been before the public some length of time, and if the honourable member for Awatere had been in his place in the Council, he would have heard the measure fully discussed. The honourable member remarked that the common law gave a remedy against trespassers. True, by action at law; but the party.who did so would most likely find that the remedy was worse than the disease; and as the greater portion of the lands of this province wore held merely under a license from the Crown, a more simple remedy was required, for a licensee would fail in any action for trespass, unless lie could prove a specific damage. The bill was objected to because it contained provisions relating to trespass, and also for the regulation of stock ; now he contended that the two were properly combined in one act, tor an aggrieved party must either summon the aggressor for trespass, or otherwise impound his stock, as the case might be. The honourable member said if the hill became law it would he the unanimous wish of the province to have it repealed next session. Now he believed that a majority of the settlers were in favour of the measure, and the honourable member seemed to have, forgotten that the hill could only he brought into force in any district where a majority of the resident electors made application for its operation to he extended to them, and therefore if the hill passed it rested with the people altogether whether they would have it or not. The honourable member talked somewhat loosely, when he said that the framers of the hill had not read the Impounding Ordinance, or they would have seen that it was not adapted to the wants of this province. In reply to that statement he would inform the honourable member that lie had read it several times, and he considered it a very carefully framed ordinance, and it was singular that the honourable member should have only just found out its imperfections and its inapplicability, for all the acts passed by the Nelson Council (of which the honourable member was one) giving powers of impounding stock, refer to, and act under the powers of this very ordinance, and lie believed it was the general "impounding Ordinance in force in most of the other provinces, And as to the powers, &e., given by the bill now under discussion, very similar ones had been in force for some years in Australia ; and in answer to the statement of no provision being made for the expense of impounding, besides what was on the estimates, none were required; the poundkeepers were paid by fees. He was happy to hear that the honourable member did approve of some of the clauses in the hill; those parts lie objected to could be amended, altered, or struck out in committee. He should not oppose the same, being anxious for a measure of this importance to have full consideration, and to be made as workable and perfect as possible; but he never saw or heard of an act that did not present some difficulties in its operations. As to the broad assertion of the honourable member, that if the hill passed that Council it would not he allowed, he differed entirely from him, this being a purely local measure, and rested entirely with themselves, so that we did not include any matter repugnant to the general laws of the

colony.! In respect of the term “ adjoining ” not not being clearly defined, it could be better defined in committee; if thought advisable a river might be made a severance. All these questions had better be discussed in committee. The Government were not desirous to push that or any measure on the Council; they were only anxious to pass those measures required, and that might he beneficial to the province at large. Mr. Godfrey supported the second reading. Mr. Ward said that he should support tho second reading of the bill; he considered that a great deal had been said that applied to detail, and would have been much better said committee. Mr. Seymour said that lie should still adhere to his motion, for lie had heard nothing against the desirability of such a measure. Mr. Dodson said lie should support the amendment. He did not pretend to know what would be suitable to flockowners; but he did know that the bill would be totally unsuited to small settlers; and if it became law.it would pi e.vent them from coining to this province. It would also be the means of creating ill-feeling towards the Superintendent. It was said that the act could only be brought into force at the option of the electors in the several districts; but he considered that it would be absurd to have a law in force in one part of the province and not the other. Great difficulty had been caused by the different laws in provinces, and liow much more would that bo the case in this small province. He should oppose the bill by every means in his power, both in committee and in Council ; and if he cmld not prevent it being passed, lie should use every means to delay it. Mr. Eyes said, he full}’ agreed with all that had fallen from his honourable friend the member for Awatere, who had so fully entered into the question, and whose arguments lie so entirely agreed with that lie would not detain tlio Council with any lengthened remarks of his own, blit would confine himself simply to answering what had fallen from the honourable mover, and those who supported tho measure. Mr. Seymour had said that the stock in this Province was under no regulation; that gentlemen must surely have forgotten that the law of England was in force in New Zealand. His Honour the Superintendent told them that a similar act to the one proposed was in force in Australia; he would not speak positively, but if such was the case it must be a very recent enactment for it wasnotso. he believed, afrw years ago when lie was in that colony. Under this act it was said that persons would be enabled to claim theirown stock,but he maintained that they could do so now, and if gentlemen were unwilling to prosecute under the present law they would be equally unwilling to do so under the one proposed. Its effect, in his opinion, would le to set neighbour against neighbour, and be productive of much ill feeling and litigation. It was not needed, would not work well, and would he very easily evaded; for if a person had 500 sheep to deliver he would do so in numbers of 50i\ hich the act allowed, It had been urged that it was only contemplated to bring the bill into operation in districts where applied for by a certain number of electors, but he agreed with Mr. Dodson that it would be absurd to have a law such as this in force in one part of the Province and not in another, and it would be very difficult to divide and lay off the several districts without giving general dissatisfaction, and in many eases great injustice would be done. It was true that acts containing clauses similar to many of those embodied in this bill had been brought into operation elsewhere, but they were not, in his opinion, suitable to a pastoral district like this. He feared that the bill would be ultimately carried by the government majority, with but few modifications, for he had seldom seen much notice taken of amendments emanating from the opposition, oven when merely trivial alterations were suggested. But he should not shrink from his duty upon the present occasion, conscientiously believing as he did, that the measure under consideration was not needed, and that it would, if passed have a very prejudicial effect. He should therefore, if the present motion were carried, use every constitutional means in his power to oppose the hill in committee, line by line, and clause by clause, and retard it as long as he could if lie could not prevent its becoming law. Mr. Sinclair said lie wished to make a few remarks, and he thought that he should be acting consistently in so doing. _ He would freely admit that it had been previously agreed that, so far as his constituency was concerned, they would he exempted from its operation. He was not a runholder but wliat Mr. Elliott bad said convinced him that by opposing the hill they were doing a service to its supporters. Nineteen out of twenty of the inhabitants would disapprove of it; and he considered that it was no use attempting to mend what was fundamentally had. Next ycarwould be time enough to introduce such a bill, and it the stockowners took any interest in the matter, their opinions might he obtained in the meantime. At any rate there could be no harm done by giving the subject more deliberation. It was a difficult matter to define districts in this province. They could understand such districts as the Wairau and the Amuri ; but close to that Council Chamber, there were two paddocks, opposite each other, that were in different districts. Cattle might go through several districts in a very short time. He had been told out of doors that ho had introduced the hill; but it was not necessary for him to contradict that report. He considered it would he most objectionable for a man who wished to carry on a lawful occupation to he driven by law to evade any act. Mr. Elliott then said that he was informed that it was the intention of the government to withdraw the bill, and added, that if, on mature consideration, a similar bill should be required, and all the information possible was obtained on the subject, lie would willingly give tlicm all the assistance in his power. Mr. Seymour then withdrew the bill. LICENSING AMENDMENT ORDINANCE. Mr. Eyes, moved “ That His Honour the Superintendent be requested to introduce a bill at his earliest convenience, repealing the Licensing Amendment Ordinance passed in the first session of the Provincial Council of Nelson, and to substitute one more applicable to this province.” He said there had been published in tho Marlborough rress, some time since, a notice that on a certain day there would be a meeting of Justices of the Peace for the purpose of granting Publicans Licenses. The Superintendent. also granted licenses; and his object in moving that this bill be prepared was to prevent any collision arising between tho Superintendent and the Magistrates of tho Province. Mr. Baillie seconded the motion which was agreed to. Tho Council then adjourned until eleven o’clock on Tuesday.