General Assembly of New Zealand.

New Zealander, Volume XVIII, Issue 1717, 23 August 1862, Page 4

General Assembly of New Zealand.

[Bby our own reporters.]

LEGISLATIVE COUNCIL. THURSDAY, JULY 31st, 1862. Present:—The Attorney-General (Mr. Sewell), the Chief Justice, Major Richmond, C.8., Colonel Russell, Mr. Tancred, .Mr. Menzies, Mr. Cutficld, and Mr. Stokes.

The ATTORNEY-GENERAL moved the second reading of the “Law Practitioners’Amendment Act.”

The CHIEF JUSTICE had some objections to the Bill as it then stood: it was one of the examples of unfortunate legislation which had appeared before them in other coses. This Bill contained a clause to permit a person who is entitled to practice in the Sheriff’s Courts in Scotland, to be admitted to practice in the Courts in New Zealand. It had been alleged that one or two gentlemen had been unfairly shut out from practising in those Courts by the wording of the Act affecting their admission, and in those particular cases he would wish to see justice done to those gentlemen ; but there was another class of persons for the exclusion of whom this Bill did not provide, those who, whilst professedly articled to an attorney, yet carrying on either other business or being engaged in other avocations, did make a claim to he admitted to practice on the ground that they had had legal responsibilities in Resident Magistrates’ or other Courts. He considered it essential that gentlemen admitted to practice should have gone through a period of service, and the proof of the full time of the articles having been served should not be relaxed; no examination by a Judge could apply that test which was necessary, that was to say as to the knowledge of the details of the profession, and of actual service in an attorney’s oliicc. Young men got into the habits of business, which was as important to the safety of the public, in many cases, as an abstmet kpotyledge pf hpy ( He woiild pq| ppposq flip

second reading, and would bo happy to sit on a select committee on the Bill, and render any assistance he °°The ATTORNEY-GENERAL was not so jealous of the preliminaiy formalities as of evidence of capabl The Bill was!then read a second time, and referred to a Select Committee. , The ATTORNEY-GENERAL moved the second reading of “The Election Petitions Act Amendment Bill.” which was read accordingly. . 0 , The ATTORNEY-GENERAL, in moving 3rd order of the day, vii., the second reading of “The Imprisonment for Debt Bill,” wouldnottroublethe Council with details, as he purposed o refer this Bill, as well as others, to a Select Committee; and as the Committee to which he intended to refer it were a present fully engaged, he wou d move that this Bill and the others on the paper, be orders of the day for Monday. That Bill (“ The Imprisonment for Debt ) being an important one, he intended that the select committee should have power to confer with a committee of the other House. MONDAY, AUGUST 4th. Present—The Chief Justice, the Attorney-General, Major Richmond. C.8., Mr. Tancred, Mr. Menzies Mr. Cutfield, Mr. Stokes, Mr, Crawford, and Colonel Russell. , _, , . e The hon. Major Richmond moved, The adoption of the Report of the Joint Committee of both Houses on Standing Orders concerning Private Bills, brought up on Tuesday, the 29 tb July ult. The lion. Major Richmond moved, That the proceedings in this Council between the time of prayers on the first day of the present Session, and the time of His Excellency’s presence in this Chamber at delivering his opening Speech of the Session, ought not tq* be drawn into precedent. x The time for the bringing up of the Report of the Select Committee on “ Gold Fields Management, was extended to Monday, the 11th August. The Council went into Committee on “The Elections Petitions Amendment Act,” which was reported, with the understanding that certain technical amendments should be referred for the approval of the House of Representatives. TUESDAY, AUGUST sth. The lion. Mr. Sewell moved, That a Select Committee be appointed to consider and report as to the expediency of introducing some more simple and less costly procedure for the Trial of Civil Cases of minor importance. The Committee to consist of the hon, the Chief Justice, the hon. Mr. Crawford, the hon. Mr. Tancred, and the hon. Mr. Stokes. The Committee to have liberty to confer with any Committee of the House of Representatives on the like subject: to report this day week. The hon. Mr. Sewell moved, That a Select Committee be appointed to consider the expediency of amending the Law relating to Debtors and Creditors. The Committee to consist of the hon. the Chief Justice, the hon. Mr. Crawford, the hon. Mr. Tancred, and the hon. Mr. Stokes. Tne Committee to have liberty to confer with any Committee of the House of Representatives on the like subject: to report this day week. The time for bringing up the report of the Select Committee on the “Law Practitioners Amendment Bill,” was extended. The “ Constabulary Bill,” the “ Lunatics Bill,” and the “ Gaols and Prisons Bill,” were read a second time, and referred to a Select Committee. THURSDAY, AUGUST 7xh. Present: —The honourables the Chief Justice, Major Richmond, C. B , Mr. Menzies, Mr. Cutfield, Captain Baillie, Mr. Sewell, Mr. Stokes, Mr. Russell, Mr. Tancred. Mr. MENZIES presented a petition from the inhabitants of East Mataura, praying for an alteration of the boundary of the Province of Southland so far as it affected their locality. Mr. MENZIES also presented a petition from the inhabitants on either bank Jof the Waiau, praying that that district should be annexed to the Province of Southland. Tile hon. Mr. TANCRED laid on the table several papers, being despatches from the Secretary of State for the Colonies, relating to the withdrawal of the ship of war and payment of the troops (these papers are referred to in our report of the House of Representatives). The hon, Mr; TANCRED gave notice that he would next day move the following resolutions — 1. “ That Ministers should, in conformity with royal instructions, advise the Governor in native affairs (as web as in colonial affairs) whenever his Excellency desires to obtain such advice, and should also tender advice on all occasions of importance when they deem it their duty in the interests of the colony to do so.” 2. “That Ministers should undertake the administration of native affairs, reserving to his Excellency the decision in all matters of native policy.’’ 3. “That, as the decision in all matters of native policy is with bis Excellency, the advice of Ministers shall not be held to bind the colony to any liability, past or future, in connection with native affairs beyond tbe amou it authorised or to be authorised by the House of Representatives.’’ The hon. Mr. TANCRED informed the Council that tbe Government intended to proceed with certain bills, and named those bill* which they declined carrying on; and he wished, in Council, to acknowledge the kind offer of assistance which Mr. Sewell had made as to the furiherance of the bills which he himself bad prepared, and had to thank him for bis offer. The hon. Mr. SEWELL asked Mr. Tancred if it was the intention of the Government to introduce a Militia bill ? Mr. TANCRED replied that a Militia bill was before the House. Mr. SEWELL hoped that tbe bill making provision for the relief of destitute children would not be abandoned, that being a measure of daily increasing importance ; he also referred to other bills, to which Mr. Tancred replied that tbey were already befoie tbe House of Representatives. ELECTION PETITIONS AMENDMENT BILL. Mr. SEWELL would agree with the Chief Justice that the phraseology of ibis bill would admit of alteration, and would postpone the third reading to the next day. Postponed accordingly. Tbe Council went into Committee on the Court of Appeal Bill, which was partly considered, when the Council adjourned. FRIDAY, AUGUST Bth.

Present:—The Honourables the Chief Justice, Mr. Menzies, Mr. Tancred, Mr. Cutfield, Capt Uaillie, Col. Russell, Mr. Sewell, Mr. Johnston, Mr. Stokes, and Major Richmond, C.B. Mr. SEWELL moved for leave to introduce a bill for extending the powers of Resident Magistrates. Mr. MENZIES moved that the petition from the inhabitants of East Mataura be printed. Mr. MENZIES moved that the petition from the inhabitants on either bank of the Waiau be printed. The Council resumed in Committee on the Court of Appeal Bill, which was reported, with amendments, and ordered to be real a third time on Monday. The Crown Grants Bill, the Trustee Relief Bill, and the Steam Navigation Bill, were read a first time and ordered for second reading on Mommy. On the motion of bon. Mr. SEWELL, the Election Petitions Amendment Act was read a third time. The hon. CHIEF JUSTICE wished this bill to be recommitted for the purpose of reconstructing it. The bill dove-tailed, as it were, portions oftwo former Acts, and repealed some of the provisions of those Acts. He would suggest that this bill should be made to repeal the former Acts, and that the whole of the law relating to elections should be contained in one Act. He could, without much alteration of the bill (which had come up from the other House), introduce slight amendments which would have the effect he desired. The bill was recommitted, reported, and ordered for third reading on Monday. MONDAY, AUGUST lira. Present; —The Honourables the Chief Justice, Major Richmond. C.8., Mr. Menzies, Mr. Cutfield. Capt. Baillie, Col. Kenny, Mr. Sewell, Mr. Stokes, Col. Russell. Mr. Tancred, Mr. Johnston, Mr. C awford. Thu hon. Mr. SEWELL applied for an extension of time for the bringing up the report of the select committee on the Juries Bill. The committee had given their great attention to this and other bills, but were un«ble to make their report yet. TUESDAY, AUGUST 12th. The hon. MAJOR RICH MOM D, C 8., moved tho adoption of the interim repent of the select committee on standing orders. The hon. Mr. SEWELL moved and obtained leave of absence to the Hon Daniel Pollen durm. the Session.

Hon. CHIEF JUSTICE moved that all correspondence subsequent to the 22ad May, 1801, between the lute Government, the Superintendent ot Wellington, and Mr. B. A. Fersrd, late Acting Resident Magistrate at Wellington, touching the remission ol a Vne imposed by Mr. Ferard nn one Frederick Atchison, together with all Official Memorami made by the late Attorney General, Mr. Sewell, on the same subject; and also a leit.r or copy of a lei ter, addressed by Mr. Ferard to his Excellency the Governor on the SJijth Qctober, 1861, be |a|c|