GENERAL ASSEMBLY OF NEW ZEALAND.

New Zealander, Volume 10, Issue 880, 20 September 1854, Page 3

GENERAL ASSEMBLY OF NEW ZEALAND.

legist, \tive council. Tuobsoay, Si.pt. 9, The Council met at two o’clock. Maukiagk Law. Mr GILFILLAN presented petitions complaining of the existing Law of Maraiage in the Colony and praying for the enactment, during the present Session, of a new Law based on the principles of publicity’and religious equality 1. Erom the Minister and ollicc bearers of the B f?^S l i>eacon’s Court of pic Presbyterian Church in Auckleml. , . , , , From upwards of 400 inhabitants of Auckland “"Mr! B G'S'HA*A.N wou m ca ll special attention to the last petition—not oply on account of the total number of tlie signatures’appended to it—but also because it was so largely and respectably signed b) members of tbc Churches favoured by the old Ordinance He added that he himself fully concurred m the obket of the petition. Prnjyie Bcsjnsss. M,. WIIITAKEII withdrew the motion of which he had given notice,-to the effect that the Council would not, during the limited remainder of the as

sion, proceed with any Bill likely to lead to lengthened discussion, lie stated that the motion wa rendered unnecessary hy the arrival of the steamers Kelson, which would operate more efficiently i" checking the further introduction of Bills wide vould not be properly considered. Waste Lands Bill. r , t ' lc rnot '°n of Mr. Bell the Council went into ( o.umittee for the farther consideration of this Bill. I Mr. WHITAKER moved the addition to the Ist clause ot a proviso intended to make clear, what did not appear so distinctly as the clause .stood, that previously existing Regulations may be amended, altered, or repealed, by Regulatio s made and pubj fished under the authority of this Act. This would ; apply to Sir George Grey’s Regulations of the 4th > March, 1853, or to the Regulations issued at Cantcrhury or Otago. Mr. Sr. BILL objected to the.introduction of new matter of which notice hud not been previously given. Mr. Will L AKER denied that there was any unfairness in what he proposed. The Bill originally was not his; he had intended to move that it should he read that day three months. The day before, he hid agreed to it, in the form into which it was brought, rather hastily, and only in consequence of the peculiar circumstances of the Session. If now he proposed anything new, he might be open to a charge of unfairness; but he proposed no substantial alteration. His object in proposing an adjournment of the Committee bad been to see whether the words really carried out the intention of the Council; he found they required to be made more explicit and clear, and be was then simply endeavouring to make as perfect as he could what they were all disposed to do. Mr. BELL said that the amendment would not alter the substance of the Bill ote tittle. It would effect an improvement where the clause as it stood would have been found much wanting. Mr. BARTLEY concurred in the suggestion. With all his reluctance to legislate hastily, he did not object to this amendment, but, on the contrary, adopted it as expository of the design of the Bill. The am end incut was agreed to. Mr. WHITAKER proposed a newly worded clause as a substitute for clause 2in the Bill. The effect of the clause would be that, when any Regulations bad been agreed to, they should be published in the (•untie for at least one month before they came into operation, so as to put all parties who might wish to avail themselves of them in an equal position. The substitution of this for clause 2 was carried. Mr. WHITAKER next proposed a new clause, to stand as 3in the Bill. It provided that any intended Regulations should be published for twenty-eight days before they were proposed to the Provincial Council, and that it should he competent for the Provincial Council to niter or amend them at their pleasure. To provide for cases in which the Superintendent might not think lit to publish them in thc*Ga«/fe (as might sometimes occur if propos lions which he considered crude were suggested), it would he competent for any member to publish them in a newspaper published in the capital town of the Province. The clause woold also provide that fourteen days must elapse after the commencement of the Session before the Regulations were proposed, so as to enable ] parties who may object to them to petition against their adoption. The clause was carried,’ and the remaining parts of the Bill having been agreed to, the Standing Orders were suspended, and the Bill was read a third time, passed, and ordered to be transmitted to the I House of Representatives Puiii.k; Reserves Bill.

On the motion of Dr. Richardson, this Bill was read a third time, passsed, and ordered to be transmitted to the House of Representatives. The Nelson, Steamer. Mr. SEYMOUR hoped that the Council would excuse his interrupting the business for a moment, on account of the interest members felt in the matter he wished to refer to. It was known that the Nelson had arrived. Mic Mould be quite ready to sail again on the following (Wednesday) evening; but, as representing her owners lie would undertake to say that should he detained until Saturday evening, without anv charge for demurrage, if she should bo kept after that, it would be matter of arrangement. (Hear, hear.) Land Claimant’s Bill. Mr, BELL stated that, on closer examination of this Bill by highly competent legal authority, it had been found to contain so many practical difficulties that he declined to proceed any further with it. Law I’kactitioner’s Brim. Mr. BARTLEY moved the second reading of this Bill, the object of which lie described ns being to identify the two classes ot the profession for n period of five years, and to protect gentlemen, —barristers action as solicitors —from nc.nnlties. , •, JWHtc JSill was read a second time, and the Council went into Committee upon it. Mr. WHITAKER moved the omission of the words limiting the duration of the measure to five years. After a short discussion, the amendment was negatived hv a majority of 5 to 3. Ayes”:—Messrs." Whitaker, Salmon, and Major Richmond.

®‘ Noes: —Messrs. Seymour, Bell, Bartley, Major Kennv, and Dr. Richardson. Mr.” WHITAKER moved as an amendment on clause 3, that the words “Law Practitioner’s Act” he erased, and the words “Supreme Court Amendment Act” be inserted. J he amendme t was negatived by a majority of 5 to 4. Ayes Messrs. Whitaker, Gillillan, St. Hill, and Major Richmond. . ]s T oe s:—Messrs. Seymour, Bell, Bartley, Major Kennv, and Dr. Richardson. The Bill then passed through all its subsequent stages, and was ordered to he transmitted to the House of Representatives. Notices oe Motion. Mr. GIL FILL AN gave notice that on Thursday, the 14th inst., he would move a series of Resolutions declaratory of the opinion of this Council as to the increase of the vice of intemperance amongst the European and Native population of the Colony ; and that if those Resolutions were carried, he would move that uu Address he presented requesting His Exellcncy’fl attention to the Resolutions. Major KENNY gave notion that to-morrow he would move that this Council do not proceed with any fresh Bills, until the Appropriation Bill be laid before it. The Council then adjourned.

Wednesday, Seht. 13. Tlic Council met at two o’clock. Mr. bEYMOUR presented a Petition from the Society for the Prevention and Suppression of Intemperance and Immorality, praying that the Council would take the Licensing Ordinance, Sess. 12, into their earliest consideration. In the abseijse of Major Kenny, Mr. Seymour withdrew the motion standing on the notice paper in the how. member’s name. f A Message was announced from the House oi Representatives, and Mr Sewell was introduced, who informed the Speaker that the amendments made in the Waste Lands Hill and the Public Reserves Bill had been agreed to by the House of Representatives. The Council then adjourned. Thursday, Sept. 14 The Council met at 2 o’clock. Assent to Bides. A Message from the Officer administering the Government was announced, and the Private boerctary was introduced and presented two Messages (Nose 2 and 3) stating that hi* Excellency had given sent in Her Majesty’s name to live Bills picsentccl to him by the Speaker of the Legislative Council, w-., the English Acts Act, the Naturalization Art, the I lower Act, the Nelson Trust Fund Act, and the Act for amending the Ordinance for regulating the sale Of Spirituous Liquors ; also to three Bills presented to hmi by the Speaker of the Mouse of Rcpresentajjvcs • viz., the Waste Lands Act, the Public Reserves Act' and the General Law Practitioners Act. Intemperance. Mr fiILFILLAN moved the series of Resolutions stantinlly the same us those adopted b the Mousc ot Rcnr-scntatives on the same subject, on the motio Sr Wakefield, which have already appeared m by Mr- SKVMOUII, .ml ap o“ d ,r c motion »f Mr. SKYMOUR, .ho “lowtag Address to the Officer administering the Govern inont was adopted: •J May it please your Excellency,— p.land respcct‘‘We the EegUJative Council of New Zealand fully submit to your Excellency a senes of alencc f by the Council on the 14th insf. concern}-*[tie intemperate habits among the colonists ami ~ 1 will I>e S* And we earnestly pray that y° ur , . - ,j ic pleased to direct that these Resolutions he pu Government Gazette for general information. Major KENNY presented four Petitions of «.d» E ouhu 1 “SU,,( Howick, praying that the Lcgi Traffic into take the whole subject of the r.rovidc their earliest consideration, parliail* y I

foi the prohibition of the Sale of Intoxicating Liquors on Sundays. Deputations from the House of Repkesentatives. Several Deputations from the House of Representatives were successively announced. Messrs Fitzgerald and O’Neill presented the ‘Revenues Bill’ as passed by the House. Messrs. Picard and Brown presented the Powers of Attorney Bill as passed by the House with amendments. Messrs. Forsaith and Weld presented the Maniagi Bill, as passed bv the House. 1 Marriage Bill. On the motion of Mr. BELL, this Bill was read a first time. Mr. BELL then moved that the Standing Orders be suspended, in order that he might, without notice, more the second reading of the Bill. The motion was seconded by Mr. SEYMOUR and agreed to. ' * Mr. BELL then moved that the Bill be read a second time, which was seconded by Mr. SEYMOUR. Some hon. members objected, oil the ground that—while they fully concurred in the general principles of the Bill, —they wished to have fuller time for the consideration of its details, especially as a number of amendments had been introduced" since the draft of the Bill in a printed form had first come into their hands. Major KENNY moved as an amendment that the Bill be read a second time to-morrow. Mr. St. HILL seconded the amendment. On a division, the amendment was negatived .‘yes: Major Kenny, Messrs. Gilfillan, Salmon, and St. Hill,—4. Noes: Messrs. Seymour, Whitaker, Bell, Bartley, Major Richmond, and Dr. Richardson, —6. The discussion on the second reading then proceeded, but, after some time, on the motion of Major Kenny, the Debate was adjourned till next day. Some notices of motion relating to the course of business having been given, it was agreed to meet next day atl 1 o’clock, and the Council adjourned. Friday, September 15. The Council, according to yesterday’s arrangement, met at 11 o’clock. Powers of Attorney Bill.

Ou the motion of Mr. SEY.MOUU, the amendments made in this Bill by the House of Representatives were considered seriatim, and, after some discussion, agreed to. Secondary Punishments Bill.

This Bill having been returned from the House of Representatives with amendments, on the motion of Mr. CILFILLAN the Standing Orders were stisp en ded that the amendments might be immediately takfin into consideration. amendments having been read, Mr. BELL moved that a Message he sent to the House of Representatives praying for a conference on the subject of the amendments. The motion was seconded by Mr. St. Hill and agreed to, and Messrs. Bartley, Whitaker, St. Hill, Bell and Richardson having been appointed a committee to manage the conference, the Council adjourned until the termination of the Conference. When the Council re-assembled, Mr. BELL stated that the managers of the Conference for the House of Representatives had agreed to withdraw their amendments in clauses ( J and 21, provided the Council would agree to insert a proviso which would prevent the assignment of convicts; and that they would request the adoption of that result by the House of Representatives. Message from the House of Representatives was announced, and Messrs. Mcrriman and Crompton were introduced. Mr. Mcrriman informed the Speaker that the House had agreed to the result of tlie Conference. On the motion of Mr. St. HILL, the result of the Conference tv as agreed to by the Council, and a Message stating the fact M'as ordered to he transmitted to the House of Representatives. Provincial Waste Lands Bill. A Deputation from the House of Representatives consisting of Messrs. Lee, Forsaith, and Major Greenwood, presented this Bill, which had passed the House of Representatives. Ai'i’itoiMti vtion Bill. Major Greenwood and Dr. Feathcrston Mere introduced as a Deputation from the House of Representatives, and presented the Appropriation Bill which had passed that House. Marriage Bill. Ou the motion of Mr. BELL, the debate on the second reading of the Mairiage i ill was resumed, and the Bill was read a second time. The SPEAKER then declared the Council in uuumiitlro <*** *Ue JJill. The .consideration of the clauses engaged the attention of the Council until near 5 o’clock, mlicu, on the motion of Mr. W ITAKER, the Council resumed, and adjourned till fi o’clock. Evening Sitting. The Council rc-assembled at 0 o’clock. Marriage Bill. 'flic consideration of this Bill in committee Mas resumed, and continued for about three hours, when tire Bill was reported with amendments. In addition to numerous verbal amendments, the following alterations were made in the committee of the Council. The period which one of the persons intending marriage must have resided in the District before giving Noti.se to the Registrar, M’as reduced Iran seven to three days. The words “or other officer appointed by the Governor in that behalf were, throughout the Bill, added after “ RegistrarGeneral ” The penalty ou an Officiating Minister or Registrar for neglecting to register a Marriage solemnized by him, or that may have taken place in his presence, was fixed at Fifty Pounds for every such offence. The persons required to sign a certificate entitling a Minister not connected with any of the Religious Bodies named in the Schedule to be placed on the list of “Officiating Ministers’ (which, in the original draft, had been described as twelve adults, but in the Bill us amended by the House of Representatives, stood as twenty-four /iou.W«<ffh'rs)wcrc fixed as twenty-four householders residing in the District of the Registrar to whom the certificate is to be presented, M'lio shall declare “that such Minister is their Officiating Minister.” A new clause was a Idcd, interpreting the word “ Governor” in the Act us including the Officer administering the Government for the time being. The Council having resumed, the Bill M'as read a third time, passed, and ordered to be transmitted to the House of Representatives. [The Council sat to a late hour on Friday night, but vve arc obliged to postpone our report of the proceedings, as M'cll as of those on Saturday.]