AUCKLAND PROVINCIAL COUNCIL.

New Zealander, Volume 9, Issue 793, 19 November 1853, Page 3

AUCKLAND PROVINCIAL COUNCIL.

WEDNESDAY, November 16, 1853. The Speaker took the chair at the usual hour. Minutes of last meeting read and confirmed. Petitions. Roads.

Mr. Newman presented a Petition from Pensioners and other inhabitants of Onehunga and of Auckland, praying that the line to the beach at Onehunga by Mr Norman's might be the first completed. Mr. Dilworth presented a Petition from Settlers at East Tamaki, praying that their locality might be connected with the great South Road, that so they nnVht have an opportunity of conveying (he increa.-ing produce of their important district to market. * Not ices or Motion. Mr, Porter, to move on Thursday— For leave to bring in a Dill for constructing a Dock. Mr, GilfiHan, to move on Thursday—- . the Interpretation Bill be read a third time. Mr. GilfiHan, to move on Thursday That the Dog Nuisance Dill be read a first time. Mr. GilfiHan, to move on '1 hursday— That His Honor the Superintendent be requested to obtain from ibe Colonial Secretary, by Tuesday next, a copy of the printed Returns relative to original Land Claims, laid on the table of the General Legislative Council by His Excellency the Governor, in August, 1849, shewing the names of claimant in each cases quantity claimed; number of acres awarded by Commissioners ; how disposed of &c. Mr. Newman, to move— That all Petitions having reference to Roads presented to Council, be referred to the Onehunga Hoad Committee. OItDEnS OF THE Day. JVlanukau Harbour.

Mr. Hill brought forward his motion relative to buoying off this Harbour, which be urged should be done at once in order to make available the results of Captain Drury’s very accurate and valuable survey in H.M.S. Pandora, He thought the outlay required would be money well spent, ami moved That His Honour the Superintendent; be presented with an address from this Council requesting that lie will take such immediate steps for buoying of the Mi.nukau Harbour as are in his power, and circumstances will admit of. Mr. Powditch seconded the motion. Ho said that the old prejudice against Manukau Harbour had to a great extent been removed by the Pandora's survey, and might bo wholly done away with if the harbour were buoyed off so as to induce vessels to enter it. The old settlers always considered Manukau as the harbour of refuge of the West Coast, and, indeed, far superior to Port Nicholson. Mr. Porter thought the subject of buoying harbours properly belonged to the General Assembly, Beacons he thought at any rate would be sufficient. If buoys were put down there must be some one to take care of them, which would be expensive. Manukau would not be of much service to Auckland until a tramway was made, connecting the city with Onehunga. Mr. Dilworth supported the motion. The district was becoming more and more valuable, and the harbour would be of much importance for importing cattle and exporting produce. Mr. Newman thought the General Assembly would have no objection to the performing of any works of this kind by t the Province. If Manukau were made available, it would greatly shorten the passages of a class of shipping of much value to the country, lie meant cattle ships, in coming from the other colonies, for it often happened that the greatest losses on the voyage were sustained in coming round the North Cape to Auckland. There had been cases when ibe loss sustained by one ship alone would be sufficient to cover the expense of placing the buoys. Mr. Williamson said the powers on this subject vested in the General Assembly by the Constitution Act had reference to lighthouses, &c., on the coast, and did not interfere with the improvement of the harbours by the Provincial Councils, The Counyil bad already appointed! committee to consider the hesTmeatis for improvingoneof Auckland’s harbours,and there could be nothing wrong in providing for the improvement of the second, which might bo made of as great importance to the district.

Mr. Busby thought it was competent for the Provincial Council to improve the harbours. The passage would be sufficiently indicated by buoys in addition to the natural marks.

Mr. Gilfillan would suggest that the Superintendent be requested to call for tenders for buoying the harbour off, ns recommended by Captain Drury. Perhaps the Council were not aware that, in consequence of the recent wrecks on the West Coast, the Insurance books in the other colonies bad been closed against vessels bound for the harbours on that coast. Mr. Hill said be would not object to any mode which might be considered best for the attainment of the end he Lad in view. The port was valuable not only for import but nlso for export. The produce of the district was likely to be greatly increased this year, and how much better would it be that it should be shipped at Manukau than carried across the water to Onehunga, carted thence into Auckland, and then earned by boats at additional expense to the ships litre. Mr, Donovan supported the motion. Tie hoped that the representatives of the people would not refuse to complete a service which the Superintendent, when Lieut.-Governor, had immediately used his influence to have performed when the inhabitants asked him to do so. Mr. J. O’Neill thought that the Council should not incur any expense whatever until the Estimates were before them. Some members were very anxious to have works done in their own districts, as witness an attempt lately made to get two thirds of the Revenue set apart for roads in one district— Mr. Williamson again begged to correct this statement. The appropriation recommended hy the Rond Committee was not for one district, but for roads through various districts extending from the Bay of Islands to the Waikato. Mr. ONeill continued. The Council should know what amount they had at their disposal before they spent money. Mr. Dignan thought the Superintendent should not be placed in the awkward position of calling for Tenders for work, on the chance of the money being afterwards refused by the Council for its execution. Mr. Dorrom thought it would be better to refer the matter to the Committee on the Auckland Harbour already appointed, and moved an amendment to that effect. Mr. Bnvlan seconded the amendment, Mr, Bain thought the best way would be first to call for Tenders and let the Council know the cost, when they might vote whatever would be necessary. The work might be accomplished now with less expense than hereafter, when the marks placed by Captain Drury were perhaps washed away. Mr. Boylan coincided with Mr. Bain. lie thought that buoying off the harbour would only he the first part of the expense; there should be a staff' to take charge of it; he understood that the Pilot lately appointed bad not a boat. Mr. Newman thought that £2OO would be sufficient for the object of the original motion, of which he was still in favour. Still, if it were five times that sum, it should not be grudged for so important a service. Mr. Powditch contended that although the undt rwriters bad closed their hooks against Manukau, yet it was a safer harbour than Wellington. If it once came to be known that buoys were placed, the difficulties at the Insurance Offices would be removed. He moved as an amendment that £iioo be placed on the Estimates for the purpose of placing three buoys at the points recommended by Captain Drury, so as to make the passage secure to Poponga Point. Mr. Williamson seconded this amendment. Mr. Derrom said if it was intended to call for the Estimates he would withdraw his amendment. Ni> sum should be spent until an Appropriation Bill tied been passed. Mr. J. O’Neill thought it would be preposterous to put the Superintendent in a position to spend money illegally. The Council then divided on Mr. Derrora’s amendment, when there appeared, for the amendment 7, against it 12. The amendment requesting His Honor to place jCfiOO on the Estimates, and call for tenders, was then put and carried. Reports of Committees. Mr. Powditch’s motion with reference to requiring periodical reports from the various committees was referred, as respects its first part to the Standing Rules Committee, and the latter part was withdrawn. Forums Seamen’s Bill. On the motion of Mr. Bain The Council went into committee on this Bill, Mr. Powditch in the Chair. •» Three new clauses of which Air. Bain had given notice yesterday, were taken into consideration. '1 he first was as follows : No debt exceeding in amount ten shillings incurred by any seaman belonging to any such ship, after he shall have engaged to serve on board the same, shall he recoverable until the service agreed for shall have been concluded; and no keeper of any lodging or public house shall detain any property of any such seaman for any such debt, and in case of any such detention it shall be lawful for any Justice of the Peace to enquire into the matter on oath in a summary way and hy warrant to cause any property so detained to be seized and delivered over to such teaman, and the person so detaining the same shall forfeit and pay any sum not exceeding ah’lo. Mr. Bain moved that this clause stand part of the Bill. Seconded by Mr. Gilfillan. Mr. Dignan opposed the motion. He complained of the injustice and invidtousness of placing publicans and lodging house keepers under restrictions not extending to other classes. With respect to publicans this clause was unnecessary, as owing to the provisions of the -tippling Act they could not at present recover djpbts.

Although he did not wish to mention individual case’s-, he would point to one [llore Air. Dignan mentioned u case which had occurred to the landlord of the Masonic Hotel.] It was not therefore on their account that he spoke against it, but on bfbalfof lodging-house keepers, who were a class he should not like to see oppressed, for they were often most essential to the preservation of the lives of such seamen, who, in the time of sickness or otherwise, might incur debts at these houses, which surely ought to be paid. How were they to know whether the man belonged to any particular ship] He concluded, after some further observations, by moving that die clause be expunged. Mr. Boylah seconded the amendment.

Mr, O’Neill said he would not like to see such a clause in the bill, op, ressing as it did the humblest individual in the community and because it interfered with the rights of the residents. Mr. Porter stated that he could not see any objection to the clause as it only referred to debts contracied after the seaman bad signed articles, and his proper place then was to be on board his ship, and not incurring fresh debts ashore.

Mr. Busby concurred in these remarks. The seaman ought to go on board after he had signed articles. Mr. Derrom said the seamen might afterwards have leave from his captain to come on shore and, after having spent the amount of Lis advance notes, incur debts which ought to he paid. Mr. GilfiHan thought the clause one which protected the lodging house keeper, and the publican, more than it did the seaman, as it gave them a valid reason for refusing to trust the seaman beyond the amount of 10sif they trusted a sailor beyond thatnmount it was atlheir own risk. The same as if a merchant trusted any one for a chest of tea or any other article beyond the amount for which he knew the individual trusted was liable. Mr. Williamson thought (hat if the clause was to remain, in fairness to lodging-house keepers the Capiain or Agent of the vessel should he required to give a public caution to that efleet. He suggected to the Mover the propriety of putting a proviso at the end of the clause to make this requisite. Mr. Bain would have no objection at all to such a p’ovision as this being added to the clause. He regretted to find, however, the object, not only of the clause but of the whole bill, so much misunderstood by honourable members, many of whom seemed to be under the impression that it was intended to sacrifice the interests of the inhabitants of the Province to the interests of strangers, ami he appealed to the good sensed the Council if any member would be guilty of bringing in any bill for such a purpose or any measures that would in the least interfere with the r.ght< of the residents. It was the object of the present hill to protect those rights, and he thought if honourable members had only fully considered their objections before arguing them, that much valuable time might have been saved, The clause under discussion was never meant to have any invidious distinction • nor could have any, inasmuch as he had the best precedents for inserting it here. Ami beginning its labours of legislation as the council were, what else had they to fall back upon but precedents, and what better precedents had they, than those of the Imperial Parliament, ami of the neighbouring colonies. *‘ Any keeper of a public bouse, or of a lodging house” were the woids us> d in the Acts of the Imperial Parliament, they were these used in iffe Acts of the New South Wales Council, and as far as lie had read, and studied the Acts of the other Australian colonies, they were the wo-ds used in them. Being used in th se, they could not have any invidious distinction to the keep rs of public houses or lodging-houses in Auckland, of whose existence the members of the Imperial Paaliamcnt, or ol the Councils of the neighbouring colonies for aught he knew might be in perfect ignorance. But as they wore two classes of the community who were most frequently involved with sailors, it was on that account they were especally named. He was not unacquainted with the tippling Act, nor ign rant of the other matters to which the honourable member for the Northern Division had referred, but they were beside the question, and had nothing to do with the present clause. The tippling Act does not interfere with lodging house keepers, who really could not have any better reason for no.t trusting a seaman under engagement than the clause would give them. Any debt contracied previously to the sailors signing anitdes was quite open to be sued for, but as the seaman had an opportunity of discharging this by his advance note, it was to prevent his incurring fresh debts without having the means of waving for them, that the clause was inserted. U hen the leht was once contracted by the seaman without his havng tie means of paying for it, of course tin* parties wtio trusted him would suffer. These were in nine ca,-es out often, the publican, or the lodging house keeper. lie was willing to accept any aniendmeti that the honourable member might propose, that would render 1 lie clause less invidious, as it was far Urom Ids desire that it should appear so to any of the members, but he could not consent to its being expunged, because it seemed invidious which he contended it was not. (Mr. Bain quoted the New South Wales merchant Seaman’s Act, and the Act of ibe Imperial I’aaliauietit.) After a lengthened discussion, the question was put and Mr. Dignan's motion for expunging the clause was carried hy a majority of 11 to 9. The other two clauses as proposed by Mr. Bain, was’ agreed to. The Committee then adjournad, and the Speaker having returned to the Chair, the Report’ was brought up and adopted as amended. Mr. Bain, gave notice that he would move the third reading on Thursday next. The Council then adjourned.

THURSDAY, November 17. [We are obliged to postpone until our next our Report of this day’s proceedings, merely mentioning that the principal business was the consideration in Committee, and adoption with amendments, of a Petition against the New Zealand Company’s claim on this Province ; the third reading and musing of the Interpretation Pull ; —the presentation of a Petition from tie reporter of the Southern Cross, complaining that the Clerk of Council withheld facilities of immediate access to documents, &c, respecting which Mr. Lewis gave notice ot a motion for Thursday next to appoint a Con mittee of Inquiry; the adoption of amotion by Mr. Giltilan for a Return of the original Land Claims ; —and of amotion by Mr. Newman that Petitions on Rural Roads he referred to the Rural Hoad Committee.]