AUCKLAND PROVINCIAL COUNCIL.

New Zealander, Volume 9, Issue 801, 17 December 1853, Page 3

AUCKLAND PROVINCIAL COUNCIL.

TUESDAY, December 13, 1853. Tiie Speaker took the Chair at the usual hour. Minutes of last Meeting read and confirmed. The Speaker laid on the table the following Minutes from His Honour the Superintendent which were read : Minute 50, forwarding a copy of a letter from the Colonial Secretary, transmitting copies of grants to the Trustees of the Grammar School, the Hospital, .the Washing House, and the Native Hostelry. Minute 51, forwarding copy of the following Letter;—Auckland, 12lh December, 1853. Sib, — In compliance with your request issued in Wie Nf.w Zealander of the 12th ult., I sent in a Plan, Specification, and Estimate for the "construction of a main sewer along Queen-street, of brick.” Your advertisement did not give any dimensions for the sewer, its position in the street, or mention other works connected therewith. Considering it best to place the sewer under the centre of the road, as shown in the drawings, involves the necessity of taking up the roadway, and this done, will afford the best opportunity to form a straight line of draught from Shortland-street to the hollow opposite the Wheat Sheaf Inn, the sewer will there drain the rain beyond. These works, with the sewer and roadvav above are estimated at £7fios Bs. 6(1. The Plan and Specification also shows channel stones on both sides of the road to carry off the surface water into the main holes and drains, which arc trapped to prevent effluvia arising from the sewer. Also rubble and pulverized scoria, average thickness six inches, covering the sides of the road from the roadway to the channel stones, also raised footpaths covered with pulverized scoria and wrought curbstones. These works are estimated at £2,000 Ills. Od. Contingencies, say . • 30.3 12s Od. £IO,OOO 0 0 In both our Provincial journals it is erroneously stated that I have estimated a sewer in Queen street at about £IO,OOO. I find also, that the Provincial Council are involved in the same error: may I therefore beg your Honour to lay my Drawing and Specification, accompanied by this letter, before the said Council in order to rectify an error, not mine, but nevertheless damaging my reputation. I have. Sic.,, (Signed) Gkorok Vaile, Architect Ilia Honour the Sup rintendent of the Pro\in;e of Auckland. Petition. Mr. Porter presented the following Petition which was received and read : To the Honourable the Provincial Council, Auckland. We the undersigned landowners and settlers in the West Tamaki district have heard with regret that the main road leading past St. John’s College direct to our district has been omitted altogether in the estimates voted on Thursday last, to all tl.e other main roads in the Province. We would respectfully call the attention ot your Honourable House to our Petition, that the state of our roads be further considered, and that you will do us justice, and if yet poss hle, vote an adequate sum to the completion of our road from where the metalling ceases, one mile and a half on the Auckland side of St. John's College, as recommended by lire Report adopted by your honourable Council, and for which work, specificatioi plans, Ac , were advertised for. We beg further lha favourable o nuderation of our Petition by your honourable Council, for the following reasons :

| Ist. That your Petitioners were amongst the very first settlers in the Auckland district, most us having been settled on our land ten or twelve years. 2n*i. That we represent an interest of upwards of five thousand acres exclusive of Panmure, and part of the native settlement of Hauraki, nearly all of which land has been brought into compkte or partial cultivation. 3rd. That the Tainaki road has always been considered the main road to Panmure, Howick, and East Tamaki, and conEcqvenlly a Irrg amount of improvement has been bestowed on the road by the previous Government, all of which improvement is entirely lost to us by the mile and a half which becomes impassable during a great portion of the year, and will be, if possible, worse this next winter, inasmuch as the road will be entirely fenced, and conveyances will not ire able to go on the land on either side of the road. 4th. That we believe that the stone for making the unfinished I p rtion of the toad can be got conveniently at Mount Welling- | ton, which is only a short distance from the unfinished por- ; tion of road. Hoping the favourable consideration of your honourable Council, your Petitioners will eve r pray. (Here follow the signatures.) Notices of Motion. The following Notices were given for Wednesday : * Mr. Porter to move— That the Superintendent bo requested to place on the Supplementary Estimates a sum for cleansing Slaughter-houses; and also to build one or more Slaughter-houses at Newmarket, to bo let for public use, if required so to do. Mr. Porter to move— That the Superintendent be requested 'to place on the Supp’ementary Estimates the sum of £SOO, for the purpose of clearing the River Awaroa from obstruction, and improving the road from Manukau to it. Mr. Dign an to move— T hat the sum of £‘l2oo bo placed on the Supplementary Estimates for the VVahu Road, in accordance witli the Report of the Northern Roads Committee. Mr. Bush v to move— A resolution that his Honour the Superintendent be requested to expend the sum of £ lUO3, voted for a bridle road to th" Bay of Islands, not only in effecting’ that object, but in establishing, at his discretion, a weekly post between Auckland and Russell, and the intermediate settlements: and also in the repair of certain roads which were made by the enterprise of private individuals in the Bay of Islands district, Mr. Busby to move— That Mr. Speaker bo requested to communicate, in the name of this Counci l , with tho Speakers of the Legislative Councils or Assemblies of the several Australian colonies, and to request f r tho use of this Council, copies of the votes and proceedings arid of tho acts or laws passed by such Councils respectively to this date, and to interchange the same with this Council for the future; and also that a similar communication be made to the Speakers of the several Provincial Councils of New Zealand. Mr. Diiwnrili to move— That £‘looo bo placed on tbe Supplementary Estimates, to be disposed of by His Honour the Superintendent, on Local Works, when a like sum shall be subscribed by the inhabitants. Mr. A. O’Neill to move— That the Superintendent be requested to place on tbe Supplementary Estimates tbe sum of £SO, as compensation to tbe Signal-man for his house, built in 1844. Mr. J. O’Neill to move— That a Select Committee be appointed to'frame By Laws for the prevention of fire, the health, the good order, and convenience of the inhabitants of the City of Auckland. Committee— Messrs. Busby, Bain, Williamson, Derrom, Boylan, and the mover. Mr. Gilfillan to move— That His Honour the Superintendent be requested to place on tbe .Supplementary Estimates any sum not exceeding £SOO, to be expended in buoying off the entrance to Kaipara. Mr. Lewis to move — That His Honour the Superintendent be requested to place on the supplementary Estimates he sum of £25, for the construction of a Bridge across a gmley on the main road leading from Howick to Otahuhu, provided the inhabitants of that locality subscribe a like amount. Mr. Derrom to move— That his Honour be requested to place on the Supplementary Estimates Che sum of £SOO for the purposes of prot idin" a Fire Engine and other requisites for extinguishing fires. Mr. Dihvcrth to move— That the sum of £250 be placed on the Supplementary Estimates for opening up the road from Slippery Creek to Waiuku ; also, that the sum of £250 be placed on the Supplementary Estimates for opening up the Road from the main South Road to the river AVairoa ; also, that the sum of £Tort be placed on the Estimates for making the road passable from Otahuhu to Howick : also, that the sum of £2OO be placed on tho Supplementary Estimites for making the road passable to M angarei. Mr. Hill t > move— That £IOO be placed on tbe Supplementary Estimates to build a pound at Newmarket) and £l3 so be placed on the same so repay the keeper’s outlay on his dwelling-house. Also, that a salary of £7O per annum be placed on same for annua! salary for an assistant to the Pound-keeper, agreeable to the Newmarket Pound Committee's Report. Mr. Boa lan to move— That the sum of £250 be placed upon the Supplementary Estimates to construct two Public Fountains in some convenient place in tbe City. Mr. J, O'Neill to move— s That His Honour be requested to place on the Estimate £2OO to pay the expenses of the old Corporation. Report of Committee. Mr. Hill brought up the following Report of the Committee on the Newmarket Round ;—• The Committee appointed to enquire into, and report upon the Income and Expenditure of the Pound at Newmarket since its appointment, its present state and management, the fees receivable, the present site with their suggestions as to improvment, See., Sec., have the honour to report to the Honourable the Provincial Council, Sec., Sec., Sec. The Pound was first established in the; year 1850, under the then Wardens. Mr. Nichol resigned, cause not stated. Income and Expenditure from June, 1850 to, October, 1853.

It appears that at first the fees charged on impounded cattle were those fixed by the Impounding Ordinance, Victoria 11, Session 8, Ko. 6, as set forth in Schedule A. In 1851, the fees on great cattle were risen to '2s. Gd., per head per day by His Excellency the Governor-in-Chief, in consequence of a recommendation from the wardens, to enforce the taking out of Licenses under the Crown Lands Ordidinance, (Victoria 13, Session 10, No. 1, but virtually to raise funds to meet their heavy expenditure.

In some instances cattle impounded have not been claimed anti upon sale thereof the proceeds did not pay the fees and expenses due. In the early period (lie slaughter house and pound accounts v’ere irregularly mixed up together, thev are now kept separate. In 1851, the income of tho pound exceeded the expenditure £ls 16s. 5d., in 1852, £l2/ 6s. 9d., and in the nine months ending October, in the present year, by £l7 9s. 6d., but owing to the first outlay of buildings, the pound and keeper’s house, —tho gross Expenditure exceeds the Income by £33 13s. lOd. These expenses appear to have been met by heavy penalties levied by the ranger impounding cattle under (he authority of l ho Avnrdens fo.i irregular branding until the year 1852, when it Avas decided to be illegal in (he case of May v. Matson, Avardens. The pound in its present state is greally out of repair, not fit for cattle to he impounded injeither for safe keeping or proper state of health, being in a very unfit place, sunk so much that in winter there is one foot deep or upwards of mud in it, no dry lying or water for drinking Avithout carriage, and no subdivision for entire, or diseased cattle. We are informed that cattle are sometimes three Aveeks impounded before they can be advertized, and instances have occurred of cuttle dying from the confinement in such a pound. The pound is, in some degree, connected with the Avardens of the Hundred; the pound-keeper appointed by Government. IBs duty is to receive all cattle into pound, to ho responsible lor their safe keeping and feeding, to make entry of receipt and delivery, of all cattle, to receive all monies, keep all accounts, make returns, and pay the fees into the Colonial Treasury, to post notices, of all cattle impounded on the pound and nearest church, and to send notice to owners.

The fees receivable .uv t bollixed by the afore-

said Impounding Ordinance, except upon great cat lie raised ns stated from one shilling to two shillings and sixpence per head per day. Your Committee having duly considered the several matters referred to them have the honour to submit the following suggestions for consideration .

Ist. That the pound be removed from its present site to the South end nr corner of the allotment on Avhich it now stands, joining the Tamaki road for reasons as follows: The present pound is very inconvenient to see cattle in from (he road; the cost of filling in, paving, repairing or building scoria Avails to the present pound, and subdividing as required b) r the ordinance, will be very considerable, and no Avater in it. The site recommended, is upon high dry land, being nearly all a bed of fiat esoria Avhich will save paving; a running stream of Avater through, it on one side, and very convenient to see cattle from the two roads, Epsom and the Tamaki, the cost Avill scarcely, if anything, exceed the repairs, Sec., of the old one, and being built of scoria walls Avill supersede repairs, and, in a few years repay the expense. 2nd. That the fee of 2s. 6d. per head on great cattle be reduced to the fee set forth in the Ordinance, 2s. 6d. being excessive and oppressive, and in too many cases forfeited the cattle —calves and others long confined before the owners were aware, together Avith the feeding expenses. 3rd. That the present Ordinance be amended, and instead of advertising in the Gazette (which is not generally read,) cattle unknoAvn shall be advertised in one or more of the local papers, and that persons impounding cattle be not required to define the brands, it being very inconvenient and often impracticable. 4th. That the powers vested in (he Governor by the Ordinance be vested in the Superintendent. s(h. That the pound be separated from the Wardens—no benefit appearing to arise from the connexion. C hj. Having inquired into the income and expenditure of Mr, Smalc, the pound-keeper, upon account of his officers avo find it as follows:

Taking Into consideration the present high prices of food and raiment, and all the necessaries of life, and Mr. Smale’s services as a very active and intelligent officer, and the duties to be performed, avc recommend that he may get a suitable rise of salary as pound keeper. 7th. That an assistant be granted him as poundkeeper, and to cleanse the slaughier house. Blh. Wc also recommend that the sum of one hundred pounds lie placed on the Estimates for the purpose of removing the present materials, and building a ocav pound of scoria with subdivisions upon the site recommended—for completing the enclosing of the market ground, paling in the pound-keeper’s house, and such other matters as may be required. Wc also beg to mention that Mr. Smale states that he hashimself expemledabout thirteen pounds of his own funds upon th epound-keeper’s house to make it comfortable, which Ave recommend for consideration with the distinct understanding that he never again expends money for any purpose without an authority. (Signed) James C. Hill, Chairman. Orders of the Day. Esti mates. Mr. Gilfillan obtained leave to postpone the further consideration of the Estimates until Thursday. Stfam Communication. Mr. Derrom, at the suggestion of Mr. Gilfillan, withdrew his mothn on the subject for the present. House for Ferrymen at Panmure. On the motion of Mr. Lewis it was agreed to request His Honour the Superintendent to place 50'. on ihe Estimates for the erection of a house at the Panauu e Ferry, Proposed alloavance to Members for the Bay of Islands, the Tamaki Road.—Clerk of Councils. Mr. Porter, at the request of Messrs. Bushy and Clarkr, withdrew his motion for an allowance of 50/. each to these gentlemen ; also that part of his motion relating to an increased salary for the Gierke of Council. He’then moved that 1000/. be placed on the Supplementary Estimates for theTumaki Road. Mr. Taylor seconded the morion. Mr. Powditch moved as an amendment that the proposed sum he reduced to 500/. The amendment AA'as seconded by Mr. Hill and carried. Board of Works. Mr. Williamson brought forward his motion for (lie formation of a Board of Public M orks, Mr, A. O’Neill seconded the motion. The motion was negatived. Pacvi nctal Separate >n. Mr. Bushy moved that the Petition on thi« subject be forwarded for presentation to Parliament to Lord Brougham, and Mr. John McGregor member for Glasgow. Mr. A. O'Neill seconded the motion. Mr. Porter moved as an amendment —that the forwarding of the Petition be postponed until after the meeting of tho General Assembly. Mr. Lewis seconded the amendment. A debate ensued, after Avhich the Council divided as follows: For the amendment: —Messrs. Clarke, Porter, Williamson, Powditch, Dilworth, Brennan, Lewis, and Gilfillan —8. Against:—Messrs. Bushy, Taylor, Mitchell, Hill, Boylan. Newman, Derrom, Dignan, A. O’Neill, and J. O’Neill—lo. Mr. O’Brien declined to vote. Absent, —Messrs. Connell, Macky, Bain, and Donovan. The original* motion was then put and carried. Dog Nuisance Bill. On tho motion of Mr. Gilfillan the further considerable n of this Bill in Committee avhs postponed. Sheep Bill. On tho motion of Mr. Dilworth this Bill AA’as read a first time. City Council Bill. Mr. Boylan obtained leave to postpone the second reading of this Bill until Tuesday next. Pilotage at Manukau. On the motion of Mr. PoAvditch it avhs agreed (hat His Excellency tho Governor be requested to lay before the General Assembly on its meeting a Bill to regulate the Pilotage at Manukau Slaughter House. ' Mr. Porter obtained leave to bring in a Bill to amend the Slaughter House Ordinance. Deeps B'll. In the absence of Mr. Connell (through indisposition) Mr. Gilfillan moved the second reading of this Bill, which Avas agreed to. The hon. Member then gave notice that he would move that the Council go into Committee on tho Bill on Tuesday next. The Council then adjourned. WE DNESD AY.— December 14. The Speaker took the Chair at three o’clock, Thcm'mutes ol’iast meeting, after being amended were read and confirmed. Notices of Motion. Mr. Hill to move on Thursday— That the Newmarket Pound Committee's Report be taken into consideration and adopted.

Mr. Dilworth to move on Thursday— That the Sheep Bill be read a second time, and that the Council go into Committee of the whole, Mr. Dignan in the Chair. Mr. Powditch to move on Thursday— That His Excellency the Governor be requested to authorize a Pilot to he established forth? Manukau Harbour, on similar amout as for Auckland Harbour, and in accordance with the resolution passed the I3th December, 1853, requesting a Bill to be brought iu to the General Assembly for the same pur- j pose. Mr. Williamson to move on Thursday— That a Select Committee he appointed to inquire and report to this Council on the best means to be adopted for promoting Education in the Province. Committee—Messrs. Gilfillan, Boylan, Clarke, Dilwonh, Brennan, A. O’Neill, and the mover. Mr. Porter to move on Tuesday next— That an humble Address be transmitted to Her Majesty the Queen through His Excellency the Governor, expressing the loyalty and attachment to Her Majesty's person entertained by this Council, wilh an expression of its gratitude to Her Majesty for the liberal Constitution granted to New Zealand, and praying that Her Majesty will be graciously pleased to give Her sanction to any measure which may be passed by the General Assembly conferring on tbe several Provinces the exclusive management of their waste lands, and the control of their local revenues. Orders of the Day. Mr. Powditch obtained leave to bring in a Passengers’ Clearance Bill. Mr. Porter moved that 150/. he placed on the .Estimates for the cleansing of Slaughter Houses. Seconded by Mr. Dilworth. Mr. Boylan moved and Mr. Williamson seconded an amendment, that the sum be 20/, Amendment carried. Riaer Aaa’aroa. Mr, Porter moved that 500/. be placed on the Estimates for clearing this rivci - . Seconded by Mr. Dilworth. Mr. Powditch moved as an amendmend that tho sum ho 100/. Seconded by Mr. Bushy, The amendment avos lost, there appearing eight votes for it, and nine against it, Mr. Williamson moved, and Mr. Dilworth seconded, that the sum be 250/. Amendment Tost, the numbers on a division being the same as in the previous case. No the original motion (for 509/.) being put, the Council divided as follows: For the motion Messrs. Clarke, Porter, Boylan, Williamson, Dilworth. Bain,and Gilfillan—7. Against it:—Messrs. O’Brien, Busby, Hid, Powditch, Biennan, Lewis, Derrom, Dignan, A. O’Neill, and J. O’Neill—lo. Motion lost. Wahu Road. Mr. Dignan moved that £1,200 he placed on the E-timates for the Wahu Road. Seconded by Mr. Hill. Mr. Porter moved as an amendment, seconded by Mr. PoAvditch, that the sum be 500/. Negatived, Council divided on the original motion for 1200/. For (he motion : —Messrs, O'Brien, Clarke, Hill, Boylan, 'Williamson, Brennan, Lewis, Dignan, Deirom, A. O’Neill, J. O’Neill, and Gilfillan,—l2. Against it : —Messrs. PoAA’dilch, Bain, and Dilworth. Motion carried. Bridle Road and Postal Communication to the Bay of Islands. Mr. Busby moved that His Honour the Superintendent be requested to expend the 1000/. voted for a Bridle Road in effecting that object and establishing Postal communication. Agreed to. Minutes of Council in other Colonies. On the motion of Mr. Busby, it was agreed that the Speaker be requested to communicate Avith the Speakers of Councils in the other colonies, and also in the several Provinces of Netv Zealand respecting an interchange of Council Papers and Proceedings. Aid to Local Works. On the motion of Mr. Dilworth it was agreed that 1000/. be placed on the Estimates to be at the disposal of his Honour the Superintendent for grants for local works Avhere a like sum may be subscribed by the inhabitants of the localities. House tor Signal Man. On the motion of Mr. A. O’Neill it Avas agreed that 50/ be placed on the Estimates as compensation to the Signal-man for the erection of a house at Mount Victoria, in 1844. Mr. J. O’Neill moved for a Committee to frame By Laws for tho regulation of city matters. Motion not seconded. Buoying off Kaipara Harbour. On the motion of Mr. Gilfillan, It AA'as agreed that 500/. be placed ou the Estimates for this purpose. Road from Otahuhu to HoavlckOn the motion of Mr. Lewis it Avas agreed that 25/. be placed on the Estimatesfor theconstruction of a bridge over a gully between farms Nos. 84 and 79 in the Parish of Pakuranghi, on condition that the inhabitants subscribe a like amount. Fire Engine. On the motion of Mr. Derrom it was agreed hat 400/. be placed on the Estimates for the purpose of providing a Fire Engine for the City of Auckland. On the motion of Mr. Dilworth, it Avas agreed that tho folloAving sums be placed on the Estimates'. 250/. for opening up the road from Slippery Creek to 'Waiuku , 250/. for opening up the road from the main South Road to the river Wairoa ; 100/. for a bridge on tbe road from Otaliuhu to Howick; and 200/. for making the road passable to Mangare. Pound at Newmarket. Mr, 11 ill moved that 100/. be placed on the Estimates for this purpose; also 13/. for the Pound-keeper’s outlay on his house, and 78 as salary for an assistant Pound-keeper. Motion negatived. Fountains in the City, On the motion of Mr. Boylan it aalas agreed that 250/. be placed on the Estimates foi providing two Fountains in the City. Debts of the Old Corporation. Mr. James O’Neill moved tka? 200/. be placed on the Estimates for paying the expenses of the Old Corporation. A debate ensued, and the Council divided ; For tho motion ; —Messrs. O’Brien, Busby, Boylan, Derrom, A. O’Neill, J. O’Neill, —6. Against it: —Messrs. Clarke, Hill, Williamson, Dilworth, Brennan, Dignan, Bain, Gilfillan, —8. Mr. Lewis declined to vote. Motion lost. The Council then adjourned. THURSDAY, December 15. The Speaker took (he Chair ns usual. Minutes of last meeting read and confirmed. Notices of Motion. Mr Porter gave notice that— On Tuesday the 20th lust., in accordance with his notice of the I4th inst., he would present for consideration of th? Council the Address to Her Majesty the Q-'een, and if the same be agreed to, he would move that the Speaker do forthwith transmit the same to the Secretary of State for the Colonies for presentation to the Queen. Mr. Derrom to move on Tuesday next — The adoption of the Report of the Committee on Steam Communication, and also that His Honour the Superintendent be requested in the event of tho Revenue being sufficient for the purpose to appropriate a sum of not less than £2OOO for the purpose of encouraging communication by steam from England and the adjacent colonies with this Province. Mr. Boylan to move on Tuesday next—That the House do adjourn from Thursday the 22nd instmt, until Tuesday lOfh January, 1854. Mr. Boylan to move on Tuesday next— That the following members be appointed a Deputation to wait upon His Excellency the Governor to solicit Endowments for the City. The Speaker, Messrs. Derronl, Connell, and the mover. Mr. Powditch to movc-r The first reading of the Passengers’ Clearance Bill on the first sitting after the Christmas adjournment, Orders of the Day. Neavmarket Pound Report. On the motion of Mr. Hill tho Council wont Into Committee on tins Report, Mr. Dignan in the Chair. On the first paragraph being read, a debate ensued, when, on the motion of Mr. Busby, it was ordered that tho Report be printed, and taut the further consideration of it be postponed. The Council then resumed. Sheep Bill, On tho motion of Mr. Dilworth, the Council Avent into Committee on the Sheep Bill, Mr. Dig-

nan in the Chair. The clauses were considered seriatim, and agreed to, excepting two, which were reserved for further consideration. Pilotage at Mamjkaxj. On the Speaker returning to the Chair, Mr, Powditeh brought forward his motion on this subject, which was agreed to in an amended form. Education'. Mr. Williamson’s motion for the appointment of a Committee on this subject was agreed to. The Council then adjourned till Tuesday next

Income. £ s. d. 1850 half-year 22 5 G 18-51 one vear . ... 49 13 11 18.52 ditto ... . ... 52 10 G 1853 to October, nine months ... 41 3 G £1G5 13 5 Expendituhi £ s. d. 1850 Erection of Found . ... 30 0 0 Do. dwelling house for 1; coper GO 0 0 Keeper’s salary half year ... 12 10 0 1851 Ditto Ditto 30 18 G Repairs , ... 3 8 G 1852 Ditto . ... 15 3 9 Keeper’s salary . ... 25 0 0 1853 Ditto, nine months ... 18 15 0 Repairs . ... 4 9 0 £199 14 9

Income. £ s. d. Pound-keeper’s salary per annum... 25 0 0 Keeper of slaughter house 35 0 0 Clerk to Wardens 20 0 0 DistrictTnspectorof slaughterhouses and Brands 78 0 0 £ 158 0 0 Expenditure. £ s. d. Forage for one horse to visit slaughter houses in districts, per annum 52 0 0 Payment to an assistant in pound and slaughter house when absent on duty 50 0 0 Net Income and small house, rent free, per annum 66 0 0 £158 0 0