GENERAL LEGISLATIVE COUNCIL. Thursday, August 2, 1849.

New Zealander, Volume 5, Issue 337, 4 August 1849, Page 3

GENERAL LEGISLATIVE COUNCIL. Thursday, August 2, 1849.

Present:— -The Governor-in-Clii f, the Colonial Secretary, the Attorney General, the Colonial TreuBurei, Mr. Merrunun, Mr. Bar«tow, Lieut. -Colonel liulme, Mojor Matson, and Mr. Kemplhorne. The miuuies of the last meeting were lead and confirmed. The Attorney General, in accordance with the order of the day, mored the first rtaling of the Crown Titles Bi 1. On the question being put that (he Bill he read a first time, Mr. Kempthorne enquired whether the Land Claim* returns, alluded to yesterday, or abutrac's of them were to be printed for the members inspection. The Governor laid that the letnrns had been laid upon the table, and now belonged to the Council ; it theiefore rested with the Council to sny whether they should be printed or not. The Colonial Secretary said that two of th» returns were at his office, where the clerks were at work upon them, so as to combine both of them in one return. The Governor hoped that the honorable member understood the Co'onml Secretary. It vraß thought desirable to combine the return of the grants and extent of land granted to land claimants, with the grants and extent of land granted to scripholder*, to as to form one comprehensive tabulated return. Mr. Merriman thought it wns very de&irab'e that the whole of the returns should be printed : he intended to have made a motion to that c-ffuct, but would defer doinsf bo until the proper time cunte for giving notices of motion. The Bill was then rend a first time. On the motion of the Colonial Secretary, the Crown Lands Bill w>s read t first time. Mr. Merriman then moved that the whole of the returns 1 elating to the Land Claims be printed. On looking through the long return he obaatvtd a great dral that was new to him, and of which he tl.ought it most important that every member shou'd he in possession before they proceeded to the consideration of the Crown Titles Bill. Indeed, from what he bad seen of the returns, he belitvcil that they were neatly all of such importance that members should carefully | examine them, 10 at to fully understand all the dithj culties that beset the proper adjustment of the men»urc that they weie culled upon to enact ; and he thou.ht tSat such cons'deialiom should induce the AttorneyGeneral to pokt one the second reading of the Bill until the returns wtre printed and placed in the haudi of the Council. Mr. Baritow would second the rmtion, ai he believed that members would require to hate these returns in tdeir handi to enable them to suggest such amendments and improvements to the bill as they might deem judicious, which they could not do without a knowledge of the whole of the awards that hjive been made, and the nature of them. The Governor— Does the Council wish to have the returns printed with the whole of the remarks that are written upon them 1 Mr. Meniman slid, from what he had seen of the rematks he could not think ot any objection to their heinn printed, un'esi it were that Ills Excellency could point to some of them that were of a private iirture that should not be printed. At any rate the Mums might be ptinted at they were for the use of mtinbers only. The Governor could see that the mutter rested with the members themselves. If it wns thought proper to print the returns as they were he bad no objeu ion. What he felt inclined to recommend, howeiei, w#s, that the second rending of tbe bill, which would meiely involve the discUi-sion of the principle of the measure, should be proceeded with, and when the Council went into Committee on it, that then such of the returns and other recrrds as would be deemed necessary to re* for to, might be printed with the sanction of the Committee. One thing he thought might be moie desirable for the Committee to diiect their attention to, and that was an examination of the records connected with these grants thermelves, which was really the only way for the Council to arrive at such accurate information as would guide them with any degree of certainty to the best method of dealing with them. The Attorney-Genernl thought that the coune suggested by Hi« Excellency was the proper one. It hud occurred to him that the second reading of the bill might be taken, and that then a Committee might be formed of several members who would go through tbe returm, and repoitai to which of than should be printed to be put into the hands of the Council before proceeding to consider the details of the bill. The Colonial Secretary thought that the member* would find the greatest difficulty in adjusting thisraeasuie satisfactorily, even with the entire ot the existing recordi before them. The whole ol the documents connected with them, as well asthegruuts themselves contained the most pei feet muss of lnotingiuUies and absurd descriptions he Lad ever seen ; the irreuteat confusion imaginable it manifest throughout the whole of them. Indeed he should be glad to see some of the grants printed that members might be able to judge of then character. He thought that such a Committee as was proposed by the Attorney -General, acttr through the L.nd Claim returns for themselves, would be able

to lay before the Council »unh information ai would help to direct th«m how to deal with a measure that will require more than ordinary care to adjust. He would therefore support the proposal. The Governor thought the attention of the Council should be more particularly directed to the granti themselves, in order to remedy them, than to the mere return* relating to them whinh had heen prepared,— especially after whit had full™ from the denial Secretary concerning them, Tlie great desideratum of the Council should be to hiing these irregular grants into ru correct a shape as jpssible without much delay. Many of them were now in such a state an to render thrm totally unarnilable to the holdcn ; in some cases ihe »» ine piece of land was gi anted to two or more persons, and in others grants had broil made of quan'itUs of land without any description of its houudaripsor exact tonality, so that the greatest difficulty would be to find out where the land v»d< that was granted. In fait the whole question would be found of thr mott complex nature, and could only l>e remed ed bv the mo»l anxious care anJ consideration, ai.d the infr rrration that was necc3B.iry for members mu t be collected by successive steps and followed out m order to arrive as near as possible at some clear, iicrmanent, and equitable settlement of the wh le. He would rather th«t theCoui) il should piuceed upon sume investigali. n of their own, than that they ih u'tl depend upon the accuracy of the returns he h.id laid before them. Th'se had been drawn up more espf chilly tor his own information by clerks in the Colonial Secretary's Office. He would piefer theiefons that ihe Council should appoint a committee of i's own to examine and report upon the matters lor the Council* guidance. The Colonial Secretary would certainly prefer tha coarse pioposed; he could not »«y who would be responsible for the accuracy of these returns. Tie Attorney-General wonltl move for tha appointment of a Committee if the hon. member, Mr Merriman, would not pre ss his mot on. Mi. Mcrriman would consent if i* was agreeable to Mr. Barstow, who seconded his motion. Mr. Baratow had no objection ; he wi»hed «o sec the best course taken to enable the Council to arnvc at proper information on the measure before they eoteied upon its consideration in detail, lie (ould gee that according to rUurn No. 1 , theie wore nine land claim eases, in which twenty seven grants, containing exactly the name desciiption and boundnrk-a had been isMied to two or more persons. Now to aoine of these irdividuals very great injustice must inevitably aris><j from this insularity. The fiist grantee may have taken poiie<iion of th« whole 1 nd, or of the best of it, but the next, who lus by his grant quite as roo<l a claim, onnot get possession of a single acre, although his Crown gram is in his h.ind—notwitliitdiidiug it may be that he had the best, claim by purchase to it. Others, also, who may hate ltft th<s colony, with grants in their posseeM-n, uny have dis. posed of their grants; but the purchasers on ai riving heic may find ihe lands they have bought occupied by others who hold as good Crown titles as thenibe yes, and therefore cannot bo ejected. It is u serious mal ter for the Council to interfere in such cases ; but hones y require! that some plan for pailitioning such lands should be adopted and settled upon principles of integrity »nd jus' ice. The Attornry-General then movsd that a Commlfctc», consuming of Mr. Merrnnan, M . Bjratow, and the Suiveyor-Gener.il, bo appointed to examine the leturns, wi h power to print mj ninth of the documents us they may deem expedient. Mr. B.irstow moved for a return of Wasto Linda of the Crown, stating the amount in each district, and distinguishing the quantity which, fioon forest or other causes, i§ not su table, for depasturing. The Attorney-General gave notice that, at the next •ittins? of Council, he would move the second leading of the Crown Titles Bill. The Colonial Treasu-er rose and iaM. thnt he felt it a dtt'y incumbent upon him to bring before Ilis Excellency and the Council a subject which had caused him some serious reflections on himself for not luTtnir brouuhtitundercoiisiderution before that time. He had always considered that tha dir.crion of the Almighty^ should be sought for in their d liberations, not only on the opening day of the Council, but that on every day of its asembhng their dependance upon God should be acknowledged by offering up prayers lor His guidance and bleising on their legislation. Such a practice wri not a new one in sun lar assembl es. In, the House of Parliament it was ulways observed, and also, he believed, iv somi of the judicial courts at home. He knew that some of the members who belonged to other Churches than that to which he was attached wou'd have objections to the prayers being iffered up by laymen, &till be hoped that that would not prove an insu| arable obs'acle to what be suggested. He thought that a portion of the form of prayer used by tbr Chaplain at the opening of the Council might be read before the commencement of businesb by the Clerk ot Council. He would leave the proposal with the Council, and trusted that th.-y would see the very great importance and propriety of commencing a practice which, us Cl ristUns he thought they should observe. The Governor ti.ou^ht that, as the subject was one that would require consideration, the honourable memj ber's proper course would bo to give notice of a niot.on to the e/F ct of what ho had pioyosfd. The Colonial Tre sunr then gave notice that at the next meeting of Council he would move, that it is 1 extremely desirable and proper, that on each day of 1 the Council assembling, prewuus to its proceeding to public busineis, payers be offered up for the Diviuc blebsing and guidance on its de'iberations. The Colonial Secretary gave notice, tlwt at the next meeting of Council he would move the second reading of the Crown Lands Bill. The Governor laid on the table a t'e^patch from tteU c Secretary of State, relative to an application from Mr. J. S. Polack, for compensation for loss, bust intd during ihe tacking of Koiorareka. Mr. Merriman tnquuvd whether the whole of the coirespondence connected with the mat er was included in the documents that his Excellency had bid on tliu table. The Governor said that Mr. Polack's memorial (o the Secretary of State, and his own despatch enclosing it, together with the Secretary of State's reply, were oa the table. Mr. Poluck'g application was originally forwarded by his ExcHlcncy's predete*soi in a despatch (the copy of which had been burned with Government Ifoiue), Ht'mply forwarding it and promising funhcr information for Ihe guidance ol the Secretary of Std'c. Such inlorination, however, was nevei sent, and tl»c del.iy that tw.k place in thr reply lioni thcCootuil Offiie was owing to the Secretary o> Mat. no' h.ivw,. rece.ved th>' promise i infut'ui.i)on "he m-ti w i a,aiu opened by I'is K\i- llenoy on )>N .'n'^-' 'ti. ihe despatih now oa tbu n.' to ' Miuii.i- ,k»liu i : . -) bung the matter bofoielhe In. ,u I iuu. mon ' ■ that inch compensation as in ij i>e ike.uni n?ai nny be given. Any other corre»pi>ndcnc« on the fcuhj^o: that the Council dcireJ, that w.n m pusat^'-.ion » i the Gov.rnment, should be produced. The Council then adjourned until two 0 clock on Saturday (thtt day;.