GENERAL ASSEMBLY OF NEW ZEALAND.

New Zealander, Volume 10, Issue 882, 27 September 1854, Page 3

GENERAL ASSEMBLY OF NEW ZEALAND.

LEGISLATIVE COUNCIL. Friday, September 15. Secondary Punishments Bill. fin our number of Wednesday last we stated briefly tbo proceedings of the previous rnday with respect to the alterations made in this measure, by he House of Representatives. We now subjoin fuller particulars.] Secondary Punishment Bill. A message was delivered from the House 01 Rt--presentalives informing the Council that the House had agreed to this Bill with amendments. On the motion of Mr. GILFILLAN the Standing Orders were suspended. HILL moved that the amendments be considered. Mr. BELLscconJcl the motion. On the amendments being read, Mr. BELL stated that the effect of the amendments was so to mutilate the Rill as in n great measure to destroy its utility. That which it was most important to provide for, namely the employinof those confined in who had been sentenced to hard labour had been altogether overlooked by House of Representatives, and he hoped the Council would not agree to take the i’ill in its present shape. The 9th and 21st clauses were two of the most important in the Bill, and the first of these had been so altered as to render it of little moment, and the 21st clause had altogether been struck out. He could not conceive the reason why this course had been adopted. It was most important that the Bill should pass much in the form in which it had been originally introduced, and he would therefore more that a conference with the House of Representatives be requested by the Council, and that Messrs. Bartley, Whitaker, St. Hill, Richardson, and BeP, be the managers on the part of the Council. Mr. St.HILL seconded the motion. In his opinion it would be almost better to let the Bill drop, than to take it in the form in which it was now presented 1 1 them. He could not conceive what could be the object in view in making the alterations which had been made He hoped that a conference might have the effect of restoring the Bill to its original shape, or at least something like it. It was most important thst some pr vision should be made in reference to the employment of Prisoners conllueci in the gaols, and there was but little time left now to get anything done. A conference appeared to him the most likely means of bringing about the object the Council had in view, and he hoped the Council would agree to it. Mr. WHITAKER altogether objected to the amendments made by the House of Representatives. One of the most important objects of the Hill was to enable the Sheriffs who had charge of the gaols to find some employment for the prisoners. It was found impossible to provide employment for them in the gaols of the colony, as the means of doing so did not exist, and the Prisons Ordinance did not authorise their employment on public works outside ; the consequence was that a number of prisoners in the several gaols of the colony would not he able to bo employed at all unless some provision was made for the purpose. The 9th section of the Bill as sent to the House of Representatives from the Council made such a provision, but as the Bill was now returned to the Council, all the words authorisingemployment on public works outside the gaol except at penal stations were omitted, and the prisoners were to be to the gaols and employed in them only, was impracticable. The 21st clause had also been struck out by the House of Representatives. This was a clause of great value ; it was added to the Bill during its passage through the Council in order to meet a great evil. A number of men w ere being constantly committed on summary conviction for short terms of imprisonment with hard labour, especially sailors for desertion and for offences on board ship. Eleven or twelve men had a few days •go been committed with hard labour for refusing to perform their duty on board a ship in the harbour. These men were now in gaol at Auckland with many others of a similar class, kept at a great expense to the Province, and literally idling away their time to their own injury as well as loss to the public. This evil had become so great here, that loud complaints were frequently made by the captains of ships that it was no punishment to be in the gaol at Auckland, where hard labour did not exist, and that the men preferred to be there for a time in order to get their discharge in the colony , rather than fulfil their engagements by continuing with the ships to which they belonged. Some days ago the Officer adminis-* tering the Government consented to pardon two men who had been sentenced to be imprisoned with hard labour for twelve weeks, on condition that they would return to the ship in which they had arrived here, but this they refused to do, preferring to remain in gaol for a time, where they were well provided for, and had no work to perform, rather than go on hoard a ship to work and to lie taken out of the colony. All this arose in a great measure from the impossibility of providing suitable hard labour in tho gaol. At Auckland it was probably worse than elsewhere, as here the law was complied with and the men not employed outside the gaol. In the other Provinces they were, he (Mr. Whitaker) believed, so employed, so that in one Province there were all the evils of no employment, and in the other Provinces employment was found by breaking the law. The 21st clause would have met many of these evils simply by providing that it should be lawful to provide hard labour outside the gaol for men sentenced to that punishment. It would have the effect of enabling aomc of the public works which were urgently required to be proceeded with, and put an end to the anomaly that now exists, namely that while there was public labour without employment there were within a few yards public works which could not be proceeded with for the want of labour. He quite concurred that it would he desirable that there should be a conference with the House of Representatives on the subject of the amendments made by the House in the Secondary Punishment Bill. Mr. BE I MOUR thought it very important that something should be dune, and that a conference was the proper course. A conference was then agreed to, and the following members appointed managers on the part of the Council Messrs. Bartley, Whitaker, St. Hill, Bell, and Dr. Richardson. Atter an absence of some time the Managers returned and informed the Council that the Managers on the part of the House of Representatives had consented to move the House to withdraw the amendments on the 9th clause, and restore the 21st clause Jo the Bill. And that it hud been proposed to add a proviso with a view to prevent the bill being construed into a permission to permit the assignment of convicts. This did not seem to be necessary, as it did not appear that such an interpretation, so contrary to its intention, could be forced from the Bill, hut it had been agreed to us at worst harmless. -« "ML Ist. HILL moved that the result of the conference as stated by the managers be adopted by the Council ; which was agreed Jo,

Revenues Bill. Dr. RICHARDSON moved, and Mr. BELL sci tended that this Bill be now read a second time. WHITAKER called attention to the iniporT taricc of the question involved in this Bill. It upj poured to him that whether the Bill was right or j wrong it decided a very serious question,—the quesi lion, what shall be the Revenues of the General AsI * on!b b> and what the Revenues of the Provincial Councils? He supposed they were all agreed on the principle that there should bo some such di- | vision ; but the manner in which it should be ellectcd required serious consideration. He was not about then to move an amendment on the second reading, j but if any other lion, member should object to going i on to decide so important a matter without due and careful deliberation, he would support him. Major KEN IS \ said chat lie would object to doing so. Not to dwell on other reasons, the Council had just now passed a very' important Bill in a hasty manner, ami it they were to devote the necessary time to this measure, it might he said that more rime might have been taken to deliberate on that Bill.

Mr. GILFILLAN said that to bring the matter to an issue, he would movfi\hat the Revenues Bill he read a second time that day three months.* The principle of it required very serious deliberation, w’.i'di the Council could not give it then. Captain SALMON seconded the amendment.

Mr. BELL thought that if they adopted the amendment they would he doing a very dangerous act. There was no Revenue raised by the General Assembly at all, according to the term’s of the Constitution Act. It was necessary to declare that the Revenues now raised were raised under the authority of the General Assembly; and that the porti ns of it which arose from departments now under the direction of the Provinces should lie handed over to the Provincial Treasurers. Besides, the Bill had come down from the House of Representatives, which had especially to deal with the public money, and it would seem vfiry ungracious in to interfere with what they had done. Council divided, and the amendment was carried by a majority of G to 4. i Ayes : Messrs. Whitaker, Seymour, Gilnllan, Salmon, Major Richmond, and Major Kenny. Noes; Messrs. St. Hill, Bell, hartley, and Dr. Richardson. The Bill was consequently lost. Marriage Bill. A Deputation from the House of Representatives, consisting of Messrs. Forsuith and Hart, was introduced , Mr. Forsuith informed the Speaker that the House had concurred in the amendments made by the Council in the Marriage Bill. Provincial Waste Lamia Bill. Outlie motion of Mr. WHITAKER, this Bill was repd a first time. WHITAKER, in moving the second reading, briefly explained i s object. '1 he Council must have felt at every step, when dealing with the W astc Lands, the diflicnlty arising from some doubt whether they wore acting in accordance with the Constitution Act. The object of the Bill was not to confer any power.' on the Provincial Councils directly,hut to enable the General Assembly to give them powers, so that when the General Assembly met again it should be unrestricted in dealing with the subject. Major Kl-.NN V wished to explain how he could consistently vote for this Hill, although he refused to enter upon the last brought before them on account of the lateness of the period at which, it had been introduced to the Council. lie conceived that all courtesy and attention was due to the hon. and learned member (Mr Whitaker) who had so zealously and diligently exerted himself in the Council, and who brought this measure before them; and besides, this Bill was not to come into immediate operation, but was to be scut home for the Royal assent. The Bill was read a second tinm, and carried through all the subsequent stages. Appropriation Bill.

Mr. BARTLEY moved the second reading of this Bill. Dr. RICHARDSON seconded the motion Major KENNY thought that the Council ought to agree to a Resolution that the Estimates, on which tlie Appropriation Bill was based, should be called for; and that, until the Estimates should be laid before them, the Council would not proceed further with the consideration of the Bill. lie would himself prepare and move a Resolution with that object. Mr. SEYMOUR seco ded the proposition,—Without wishing to divide the Council on the subject, he was desirous of recording his opinion, that seeing the manner in which he believed the Estimates, as passed by the House of Representatives, to have been framed, the Council ought to agree to a Resolution that the Bill then before them should be read that day six months. The arbitrary manner in which it was proposed that the expenses of the Members should be paid was sufficient in his opinion to justify such a course. The SPEAKER would suggest for the consideration of the hon. member, (Major Kenny) whether the adoption of such a Resolution as he proposed might not place the Council in a false position. To whom was the Resolution to be addressed? assuming the Resolution to be carried. Who was to be culled upon to furnish the Estimates? Suppose the demand of the Council to be disregarded, were the Council prepared to carry out such a Resolution, and on that, the last dav of the Session, to throw out the Appropriation Bill. He (the Speaker) thought that the Estimates ought to have been transmitted with the Appropriation Hill, by the House of Rcpicscntativcs , for even if the Council had not the power in analogy to the practice of the House of Lords to alter or amend a “Money Bill,” or “Measure of Supply,” but must agree to'it altogether, or wholly reject it, (a ouestion still to bo settled), the Estimates, if of ail} for e whatever, ought to have been furnished to the Co mcil—if not that any of the items should be altered or amended, yet, in order that the C o mcil might have some grounds for forming an opin’ m whether the total amounts, which alone appeared in the Bill then before them, were such that they should be agreed to, or wholly rejected. He thought, however, . that with respect to the general question as to the powers of the two branches of the I egldaturc to deal with “Measures of Supply,” the best course lor the Council would be to await the result of the Resolutions of which the hon. member (Mr. Whitaker) had given notice. And, gs regarded the particular question of “ Estimates,” to he content with a simple Desolation to the effect that, although under peculiar circumstances, the Council had agreed to an Appropriation Bill, without having tlie Estimates before them, they must not be considered as establishing a Mr BELL would give no opinion as to the right of that Council to deal with revising the Estimates. That question might be best settled by referring it to the decision of the Home Authorities. Still he thought that the Council should not mtcrfeic m the matter of expenditure. They were not elected representatives of the people, and they were responsible to the people. It would be expedient and propc to say at the outset that they would not mtci uo with the House of Bepvcscntativcs in matters of expenWHITAKER had no intention of opposing the second reading of the Bill, though he should have an amendment on the first clause to move m tie Committee. It would perhaps be convenient that he should then state what course it was his intention > pursue in respect of this Bill. It -as hat it would be impossible for the Counci to go into a full consideration of the Estimates on , • —even although they should come to the conduwon that that was the course it would he rl pursue. But a few hours remained bcfoic the ter mination of the Session, and the could making amendments would bo that the B not be passed —Although w.lhng there foie to take all tlie money votes, us proposed h\ the • Representatives, he should submit to the Council some Resolutions before the third reading the Bill, dcelara'ory of the opinion of the Co me , so that the present mode of dealing with the Api m -iatiou Bill might not be considered as settling tie PS L ,o thU manner in rvl.ich tho Counc vrouW deal with such Hills for the future. He quite agreed with the hon. member (Major Kenny) that a detail of the sums voted should be before them. He (i • Whitaker) thought they had a right to this undci 'ciirmnstnnccs. 110 did not mean to say that it wis proposed—indeed he had satisfied himself it was „ot J. t o'appropriate money for purposes to which lie, as a member of the Council, could not assent, but ff S was clear that if the, particulars of the proposed expei diture wc ~ J° general ;" at i/rTbiecr »1, A tit Council Lee heads to object I)Cen snt p c ient to have mawarc of them ivoul. v liicli no one doubted duced them to exercise a »‘^‘ t -*\Vie Kill- At the they possessed, of altog J (i f t ] ic Session, same time, under the pe •', t j w erc on this a,ul a,1 : ll !S n ri.oped that the hon. member occasion placed, m 1 f . r0 proposing his re(M«j»r SS an A|.|.ropria,ion solution than risk the passing Bill. reference to what Seymour) he I J? I ' C J I C ‘ J- Representatives alone the uicmb cis ol tijc iiou-v /

acre intended u tier the Bill to be paid; but lie believed that in coming to the resolution to pay the expenses ot Hie members of their own In use only, they intended no disrespect to the Legislative Counci ; but, on the contrary, rather to pay a compliment to its members.

Ihe SPEAKER said, the statement made by the hon. and learned member that the expenses of the House of Representatives only were to lie paid might he tine, so far as the question could be settled by the Estimates; hut what notice had the Council, ollicially, that such was even the intent on of the House ot Represent! lives? But if it were so intended, would such intention bo cffcctu dby Estimates, forming no part of—not even rev erred to by the Appropriation Bill—aul to which Estimates the Council were not assenting parties? Now, onth® face ot the Bill itself, no such intention was to he gathered, for the Bill itself simply enacts that there shall be paid for

General Assembly, Building, &e .£7,995 . Major KENNY withdrew bis motion, having previously stated stated that he feared his object was misunderstood. He did notpropo that the Council s toubl.go through the items seriatim, hut only that the Estimates should he attached to the Bill. ’ Mr. SLY MOUR then moved that the Appropriation Bdl he rend n second time thru day three mouths, lie could not consistently vote for the Bill while he vvasTn ignorance of tb£ contents of the Estimates. If ho wefe clearly convinced that the Appropriation Bill did not include any infringement of the Constitution Act, he should not object to pass it; but his impression was to the contrary. It was asserted that certain Officers hitherto paid by the General Government had been removed from the Estimates, and that the object was to transfer those Officers to the Provincial Governments. This he regarded as being at variance with the Constitution Act, and he would therefore do what he could to prevent the passing of the Bill. He distinctly disavowed being actuated bv any factious motive, hut he wished to have it recorded in the Minutes that he had offered this opposition, I he amendment not being seconded, the original motion was put and carried, and the Bill was readTa second time. he Council then went into Committee ou the Bill. On the first clause being read, Mr. Will I AKER moved that certain words written in red ink in tho first clause of the Bill be struck out. [lhe words had reference to the sources from which tiie sum of 36,497/. 7s. to be paid out of the Land and General Revenue for the support of the Civil Lstablishments, &c., of the General Government, were tube provided. J’ho words proposed to bestruck out came after “ Out of the,” and were n» follows :—“ Revenue arising from Taxes, Duties, and Imposts, levied within the said Colony for the public service of the said Colony, and which are hereby declared to be raised under an Act of the said General Assembly, except from such portion thereof as shall by an Act of the said Assembly be declared to be otherwise applicable out of the Cuaoms Revenue, &c.”] Mr. WHITAKER, in proposing that those words he struck out, said, ?sS T r Telia(l several objection* to this clause. It was quite clew that an Appropriation Bill shouhihe confined to an appropriation of money only. It should not attempt in an indirect manner to settle an important principle. This was the more objectionable, especially if the Council was expected to cither accept or reject a money Dill as u whole. He would not propose on this occasion to alter any of the sunis as stated in tpe Bill, but he could not allow to pass the declaration that a certain portion of the Revenue raised under Ordinances of the old Legislative Council should be deemed to be Revenue raised under Acts of the General Assembly. Important consequences would flow from this Certaim liabilities attached to the latter description of Revenue which did not apply io the former It might or might not be right that the Customs and some of the other Revenue of the Colony should be subject to those liabilities, but thatquestion should bo deliberately settled by an Act for the purpose, and not by the introduction of a few lines hy wayjof parenthesis in an Appropriation Bill. Moreover ihe declaration was not confined to the Customs, but extended to all tho Revenue raised under all the Ordinances of the former Councils. The Provincial authorities would be entitled to none. Even the fees and fines received from licenses and other at present Provincial Revenue would have to be received by the General Government. He hardly conceived that this could be intended, and if it was intended it was clearly wrong. The Bill before them appeared to be framed in reference to another Bill—the Revenues Bill—which had been rejected by the Council. It was to he observed too that some portion of what he proposed to strike out was'not comprehensible. There appeared to him either too many or too few words. He, as well as another hon. member of the Council had carefully cndeavoqred to arrive at what was intended, but had been unable to do so. A few words had perhaps been inserted by mistake. If the words “out of the Customs Revenue” were struck out there would he some meaning in the sentence, although it would still be confc ed. The clause as it stood, though in a Money Bill, could not »'• ?.l * lowed to remain unaltered ; and for the reason lie iiad given he moved that the words which he had already specified should be struck out.

Major RICHMOND seconded the motion. He quite agreed that some alteration must he male, and that it would be the best course to strike out the sentence objected to. Mr. HA RTLEV trusted the proposition would not be persisted in, he hoped it would he withdrawn ns it might bring the Council into collision with the House of Representatives. The Council ha d liitlmrto got on very well with the House, find he thought it was a pity that any thing should now happen to disturb the goodfeeling that had existed. Of course the House would be very jealous of any amendment being made in a money B 11, and he thought it would be bettor not done. Dr. RICH A R 1 SON wished that no allot.ation shoo'd he made in the Appropriation Bill. It was a Money Bill, and the Council hj d no right to interfere with it; of course the House of Repieseiiiatives would not consent that they should. Mr. WHITAKER hardly thought it could be expected that everything which might he inserted in an Appropriation Bill, whether legitimately coming within its scope or not, was to be passed as u matter of course, especially if as in this case they were unable to see precisely wbat’would be the effect ofit, or indeed what was mr-ayt. question was then [inf that the words he struck out as proposed, and Mas cat t ied in the affirmative, wi In ut a division. The remaining clauses of tbe Bill were then read and passed wiiln ut discussion. SPEAKER said that a serious question arose out of the Bill then before them, which the Council appi a-ed loliaveoverlooked. I ft he Estimaie-fwhicbbnd been passed by tbe Bouse of Representatives, w. re neither embodied in the Appmpr atinn Bill, nor annexed or referred to by the Bill, and if they were neitlur submitted to nor passed by the other two Branches of the Legislature, would they belaw, or would they have any force whatever? Would they be binding on the Governor in expending and appropriating the several amounts specified in the Rill for the sever I Departments of the Bublic service? That was a question demanding tbe moit,serious consideration of th« Council. Tbe Appropriation Bill, as p ssed by the House of Representatives, merely provided that certain gross sums might be paid out of the Public Revenues towards the maintenance of certain specified public services, without prescribing the particular proportions in which tbe gross amount should be appropriated or distiihuud amongst the persons and objects connected with those services. M us there anything in the Itill to prevent the Governor from expending such gross amount, according to his own discretion, for the support of the service for which it was specially voted? Suppose, by way of illustration, that in the absence of “Estimates” providingfor the particular distribution of the gross amount, the Appropriation Bill had provided that the sum of £I7OO should he appropriated to the service of the Colonial Secretary’s Dop rtmeut, would it be competent for the Governor under the provisions of the Bill, to give £ISOO to the Colonial Secretary and 100/. it-year each to two Clerks? or to make any other distribution he might deem expedient? Mr. BELL expressed his astonishment that the Bill, in the form it was’sent down to them, should have been passed by tbe House of Representatives. In the first place tbe Bill enacted,to take a single instance,that there should be paid the laige item of allowances to members of tbe Legislature. The Bill then enacted that the Treasurer should issue and pay the said several sums to such persons for the purposes thereinbefore mentioned and in such proportions as the Governor should order and direct. Under the provisions of the Bill in its present form the Governor might divide the sum of the members of both Houses and in any proportions he might think fit. He, Mr. Bell, could .ever consents vest such arbitrary power in the Executive except under protest. And he would move that w hen the Bill should be returned to the House of Representatives it should he accompanied by a Resolution declaratory’of the opinion of the Council as to the mexpediency of vesting such unlimited powers in the Executive Government. Mr. Bell then stated that be would after the third reading move a Resolution on the subject to be transmitted with the Bill to the House of Representative*. Mr. WHITAKER thought that the proper time for moving his resolutions was before the Bill passe its final stage. It was a question of importance as to what w-as the proper course to be pursued by the Legis itne Counci in respect of Bills of supply sent to them from the Honse of Representatives. Had the Council the power, and was it intended that they should deal with such Bids as with other Bills, or were they pass them without alteration, or on the other hand iecct them as a whole. Looking to the British Constitution, and judging from analogy, they were not enabled to make amendments in Money Bills ; but it must be recollected that this had become so fetijed in England

I fr«m UFagp, founded on resolutions of the House of ; (-oiiiinoi,s o' long 8 anding. The Constitution of New : Zealand tested entirely on the Act of Parliiiment grant- ( Ui " ive Institutions Tim Mill clause of that Act merely eimcts—that “ It shall not he lawful for the House of Representatives or the Legislative Council to pnas, or for the Governor to assent to any Bill appropriating, fvc.” Nothing is said as to the power orduty of the Legislative Counc 1 in respect of such Bills. Tho power of the Council, as a branch of the Legislature, is not restricted. It may have been intended that the Legislative Council should deal with Bills of supply as with others. Strong opinions were held by some eminont nun. that in this respect the two branches of the Legislature should be upon anequality. Lord Brougham especially sooke very decidedly in favour of this view. e (l ir. Whitaker) however could see some practical objections which he thought of weight. For instance U would be very awkwatd that differences of opinion should arise between the Council and the House as to the amount of sums to be devoted to particular objects. If such differences did arise, how were they to be settied ? Were conferences to be held as to whether a particular grant should heXIOO or £59 ? And if such confereucis did not bring about an arrangement, what was to be done/ Uas an Appropriation Bill to he* dropped, as any other ? G real inconvenience might arise from such course, which had perhaps better he avoided. On the other hand, if the Coimitution really not only gave the Council tha power, but imposed it on them as a duty, to deal with money Bills as with other Bills, it tvou.d he wrong in the first Session to abandon that right and neglect the duty, and thus set a precedent for luture Sessions. It would be very unfortunate lo get into collision at any time with the House of Representatives on the subject, and especially “unfortunate w hen.mMjrould be the case now, there wouW he no time before the close of the Session to bring about a settlement., W bile, however, on the one hand, it was most desirable to avoid this, it would not be right to abandon the duty of dealing with the Estimates, if su hj dutv they were expected to perform. He proposed tlu-re'ore, by the reso'utions which he should submit to the Council, to guard again-t ihe present instance being considered as a precedent for the tuiure, and at the same tune, by consenting to leave all the sums of money unalteri (1 in the Appropriation Bill, they gave no reasonaide grounds for any objection on the part of the House of Representatives. He proposed also to place the matter in a train for a satisfactory settlement by addressing the Governor, and requesting him to solicit the opinion of Her Majesty’s Imperial Government as to the proper course to be followed bv the Legislative Council. This opinion would, he hoped, be obtained before another Session, and would no doubt so satisfactorily se ; tle tho question, that no difference ou the subject would hereafter arise between the Legislative Council and the ],ouse of Representatives. He (Mr. Whitaker) then moved the following Resolutions : 1. That as the Dill for appropriating the Public Revenue* was not introduced into the Legislative Council until the 15th in*t„ ami as the Assembly is to be prorogued on the 10th Inst,, this Council has no alternative but either wholly to reject the Bill, or to agree to it in the form in which it has been transmitted to them by the House of Hcpresentativea. 9. That in comenting'to pass the Appropriation Bill for 1854-5, without alteration of any of the sums voted by the House of Representatives, the Legislative Council have regard solely to tho maintenance of the Civil Establishments of the Colonv, and desire in no way to prejudice any right to alter or amend the annual Appropriation Bill, or any other measure for raising or disposing of the Public Revenues.

3. That although the Act for granting a Representative Constitution lo the Colony of New Zealand, contains no provision for limiting or restricting the power of the Legislative Council to alter or amend any legislative measure whatever which may be submitted for their comideration, the question has, nevertheless, been raised, whether the Legislative Council would be jnstifie I in making any alteration in a measure of supply, or whether, by analogy to the British Constitution, the Legislative Council of New Zealand must not either wholly accept or wholly reject every such measure. 4. That in order to avoid the svils which would result from any conflict of opinion between two of (he Bran,-has of the General Assembly, as to the nature and extent of their respective constitutional rights, all doubt upon the subject should be at once and authoritatively set at rest; and that, with a view to that object His Excellency the Officer administering the Government be respectfully moved to bring the question under the consideration of Her Majesty’s Imperial Government.

Mr. SEYMOUR said that he thought the resolution would put the matter ou a proper footing, and seconded the motion. resolutions were carried. Mr. BAH I LEY then moved the third reading of the Bill, which was seconded by Dr. Richardson, ana carried. Thu Bill was ordered to be transmitted to the House of Representatives. ; >jo! REN NY’stated that he thought it so ohjoctioiiablo that the Appropriation Bill should be laid before th.„ Council in the manner in which it hail been, without the detailed Estimates, that he was quite unwilling that no notice should he taken of it. The House of Representatives would not be aware of the objections felt by the Council unless they were stated to them,— and with a view to ensure a better cour»e on a future occasion, he would move the following resolution : That (he hon. member bearing the message with the Appropriation Bill, inform lire House of Representatives that the detailed Estimates have not accompanied that Bill, and that, whatever course may be hereafter followed in reference to Supply Bills—whether called upon cither wholly toaccept or wholly to reject—tire Legislative Council is desirous it should be understood that the course now taken is not to be considered as a precedent.

The resolution was seconded by Mr. Seymour, carried, and ordered to he transmitted to the House of Represen alives with the Appropriation Hill. Air. BELL then moved (he following resolutions : That under these circumstance* the Legislative Council have agreed with extreme reluctance to an Act which places large sums of money at the absolute disposal of the Executive Government, the particular mode of appropriating those sums not having been prescribed by the Act. Ho said ho did so for the reasons he had already givi n to the Council, Seconded by Air. Seymour. Carried without a division, and ordered to be transmitted with the Appropriation hill to the Honse of Representatives. Confluence os the A roriopni ation Bill. Mr. Sewell was introduced as a deputation from the House i f Repr seniatives, and informed the Speaker that the house requested a conference on the amendment made by the Council in the Appropriation Bill. The Council appointed Mr, Whitaker, Mr. Bell, M dor Kenny, Mr. Seymour, Mr. Bartley, and Major Richmond, as the Managers, who shortly after left the Council chamber to meet the Managers of the House of Representatives. On the return of the managers, they reported to the Council that it had been unanimously agreed to by the members attending the conference, that the amendment made by the Council should be adopted, and the words which had been struck out by the Council should he omitted in the Bill. It had also been agreed to, that tbe revenue of the Post office and Supreme Court should form part of the revenue disposed of by tbe Appropriation Bill, on the ground that as the expenses of these departments were borne by the General Government, the revenues arising from them should be General Revenue, and not Provincial. It was stated that it was to he understood, both on the part of the Council and the House, that what had been done on this occasion, should not be considered as a precedent in respect of money bills, but that the question as to the manner in which the Council should in future deal with money hills should remain open. On the motion of Mr. BELL, seconded by Major RICHMOND, the proceedings of the Confer nee were adopted by the Council and a Message to that effect transmitted to tbe House of Representatives. , A" Message was received from the Mouse of Representatives stating that the House had agreed to the amendment of the Council as recommended by the Conference. Printing the Votes aXd Proceedings. On tbe motion of Mr. SEYMOUR, seconded by Mr. GILFILLAN, it was resolved, “That (lie bon. tTie Si eaker be requested to order tbe Printing ©f the Votes and Proceedings of this Council during the last and present Sessions, in such manner as he shall think lit; and that copies thereof may be furnished to the members of the Legislative Council and House of Representatives.” Ci.euk’s Office.

A Deputation from the House of Representatives, consisting of Messrs. Forsaith and Sewell, had during the sitting been introduced and informed the Speaker that the House had resolved that an office be kept open for the Clerk of the Mouse during the recess, in order that members may have access to the documents and papers of the Hm.se, and suggested the propriety of the Legislative Council passing- a similar Resolution. On the motion ol Mr. WHI TAKER, seconded by Mr. GILFILLAN, a corresponding Resolution was adopted as to an office fbrthe Clerk of the Council. SATURDAY, SEPTEMBER lb. The Council met pursuant to adjournment. New Zealand Company’s Dim. WHITAKER moved the suspension R> e Standing Orders, that ceilaifi Resolutions relative to the New Zealand Company’s Debt might be taken imo C °The motion was seconded by Major RICHMOND a "Mr! w 111 TAKER then moved the following Resolutions ?

1. That in the opinion of this Council, the charge in favour of tho New Zealand Company on the Land Fund of the Colony, is an oppressive burthen on its resources. 2. That such charge appears to have been created by Parliament in ignorance of the real facts, and to have been obtained by the Company by means of the suppression of mateiial circumstances.

3. I ha' the Colony is entitled to claim from Parliament a re-consideration of the case, in order that justice may be done, and that the Colony may be relieved from the whole, or at least some portion, of the Charge. 4. That if any amount shall be found ultimately to he fairly due to the Company, such amount ought to be apportioned amongst the different Provinces upon equitable principles, and that the aid of Parliament and'the Crown should be solicited to effect these objects. 5. That it is desirable that the object of these Resolutions should he sought through an agent in England. (i. That, with a view to the appointment of such an agent, a Conference he held with the House of Representatives. 7. That the Hon. Messrs. Bell, Whitaker, St. Hill, ami Giifillan bo managers of the Conference on the part of the Legislative Council. (i. Tha, the Speaker of this House do forward the foregoing Resolutions to His Excellency the OlEcer Administering ( the Government! lo he by him transmitted to Her Majesty’s Secretary of, State for the Colonies. o adoption of the Resolutions was seconded by Major RICHMOND and agreed to. The Council then adjourned until | to 3, p.m. AFTERNOON SITTING. The Council re-assembled at the appointed Lour. A Message (No. 4 ) from the Offic-r Administering the Government was presented by jJka Private Secretary, and read tjjiajtlie Specktffi. It informed tbe Council that* His Excellency bad granted to the lion. Mr. Petre leave of abserfS& : during the Session. New Zealand Company’s Debt. Mr. BELT, informed the Council of the result of tbe Conference with tbe House of Representatives, and moyed the following Resolutions: U is desirable that some Agent should be appointed, wilhon. salary, but with authority, to employ legal assistance if necessary to carry into effect the object of the Resolutions of the two Houses. That it is desirable that Mr. Adderley should be recommended to the Two Houses as such an Agent. That His Excellency be requested to communicate the Resolutions of the Two Houses to Mr. Adderley, and to acquaint him that he is authorised to expend a sum not exceeding £SOO in legal expenses, should he find it desirable to do so in accomplishing the object of the Houses. Resolutions were adopted, and it was ordered that a Message should be sent to the House of Representatives acquainting that 1 louse that Ihe Leeislaiive Council Lad agreed in tlie result of tLe Conference. The Council then adjourned till 4 o’clock. In the interval His Excellency the Officer Administer ng the Government arrived at tbe Council Chamber, and—having assented in Her Majesty’s name to tl • Secondary Punishments Act, the Powers ot Attorney Act, the Marriage Act, and (lie Appropriation Ac, and declared that lie reserved the Provincial Waste Luids Act for the signification of Her Majesty's pleasure thereon,—deli vered th • Address on closing tieSession, which appeared in the New Zeat.andkh Exit. a of the IStb instant. His Excellency then declared the General Assembly prorogued until the stb July, 1855.