POLICE COURT.—Tuesday.

New Zealander, Volume XXII, Issue 2390, 29 March 1865, Page 3

POLICE COURT. —Tuesday.

Before James O’Neill, Esq., J.P., Chairman, and Dr. Horne, J.P. Larceny.—John Hall was brought up, charged with stealing masonry tools from various workmen in the town Prisoner was remanded until Friday next. Assault.—Peter Lynch appeared charged by one William Sanderson with having assaulted him by striking him with his fist and kicking him. The assault having been proved, defendant was ordered to pay a fine of 60s. and costs, or in default be imprisoned for one month. Assault.—Peter Pope Fogg appeared charged with assaulting one Henry Smith, by striking him with his fist on the head. The asiault arose through a quarrel about the payment of certain money. Defendant was ordered to pay a penalty of 40s. and costs, oa in default to be imprisoned for one week.

[AUCKLAND PROVINCIAL COUNCIL. TUESDAY, MARCH 23. Tub Speaker took the chair at five minutes past three o’clock. PETITIONS. Mr. Cadmus presented a petition from an immigrant per ‘ Ganges,” and whose laud order was refused as not having been receive! in tim;. The petition was received and laid on the table. Mr. King obtained leave to postpone the question standing in his name respecting the steam communication to Coromandel, in order to amend it. Mr. Carleton also postponed the criers of the day numbered 1 and 2, “ Estimate of Expenditure ” and “ City Board Act Amendment Bill,” the former to Fridty next aud the latter to next siring day., rural police act. The adjourned deba;e oa this bill was resumed, and Mr. Wtnn roso and condemned the bill as being totally unnecessary. He argued that many of the evils which it was proposed to restrict did not exist and therefore he would move that the bill be rea 1 again this day six months. Mr. J. O’Neill seconded the motion. Air. Carleton defended the introduction of the Bill and said that the course for introducing it was the desire of the Council itself. The Government had been anxious to amalgamate the two bills of the City and Rural Police, but the Council had objected that the same restriction which would be required in the city would not be necessary in the country districts. He complained of the inconsistency of the Council in thus wishing to throw out a bill which they had been previously desirous of having introduced. He would take a division on the matter. Mr. Foley supported the second reading, and recommended the bill’s being committed at all events. Mr. Ross objected to the bill altoge f her as unnecessary ; c msidered that it was a mere loss of time to enter upon the question at all. The amendment was put, and a division called for, which resulted as follows: Ayes: Messrs. Wynn, J. O'Neil, Coolahan, Sheehan, Cadman; Swanson, Gallaugher, Ross—B. Noes : Messrs. Carleton, Choesemm, Foley, Newman—4. The bill was accordingly thrown out. ONEHUNGA IMPROVEMENTS BILL. Mr. Carleton moved the second reading of the bill, and remarked that a previous bill of the same nature had been passed by the Council but had been thrown out by the General Assembly, for a reason which no lo ger existed, therefore as the principle of the present bill was the same he had no doubt that no difficulty would be thrown in the way of passing it. He would merely say that the bill had been drafted in accordance with the wishes of many of the inhabitants of Onehunga. Mr. Cadman would not oppose the bill, though he could not but regret that the hon. member at the head of the Executive had not gone more fully inlo the principles of it. He (Mr. Cadman) had looked very closely in o the bill, and he could see nothing objectionable in it, and he considered that other settlements ns well as Onehunga should ask for Local Boards, to maintain their own roads and streets He would support the second reading, because he believed the bill to be a useful and necessary one. Mr. J. O Nkill would have liked to have heard what the member for Onehunga had to say upon the subject, for he remembered long ago that a similar hill, which ha I been applied to Auckland, had fallen through from want of endownmmts being appended to it. He would therefore call upon the people of Onehunga to pause, before they accepted this bill without endowments. The endowments in Aucklan 1 were of little use to the City, and it would be worse fur Onehunga, which would have no endowments. He disliked tim way in which the Harbor endowments were to be used under this bill, as he thought the people of the town should have the entire control over them, and not the Superintendent. The bill was a good bill in itself, but it required endowments Mr. Galluoiier would like to see the bill go into Committee, but he would then ask for a postponement, as there was to be a public meeting hold in Onehunga to-morrow evening, whose opinion he would like to take. The bill was then read a second time, and on the motion of Mr Carleton, the House went into Committee upon it. IN C IMMITTEE. Mr. James O'Neill was vo edinto the Chair. Clause 1. Limits of the Town, gave rise to a lengthened debate, at the conclusion of which Mr. Wynn moved that the Chnirmaa report progress, and ask leave to sit again.On the motion being put, a division was called for by Mr. Carleton, which gave the following result : Ayes, 10 ; Noes. 5. The Chairman then reported progress and obtained leave to sit again on Thurs lay next. ME IS.VGB. The following messages from his Honor the Superintentendent were received and read, £IOOO TO V.CKERT AND MASEFIELD. No. 81. —In acknowledging receipt of the address on this subject, the Snperimendent regrets that they had not given him more information on the matter; that he has received a legal opinion stating that the amount was forfeited in terms of the specification ; and that ho recommends an equal sum for appropriation out ol the ordinary provincial revenue. ANSWER TO ADDRESS 98. No. 85. In answer to address No. 98 (respecting the words used by the Provincial Secretary with regard to the dismemberment of the Province. The Superintendent quotes the question and answer referred to in that address as recorded in the proceedings of the Council, and shews that the words alleged to have been used by 1 Mr. Carleton were not used in giving that answer, but in an irregular discussion that took place afterwards, and in his character as a private member, and not on behalf of the Government. The Superintendent much regrets that the public time should be taken up with such an unprofitable and trifling question between the Council a id himself. ADDITIONAL ESTIMATES. No 86. Inviting the Council to make provision for the following sums : £ s. d. Arms and Accoutrements for Overseers at Stockade - - - - 93 2 0 Ferry Service on the Ki ipara (addi tional) ------ 200. 0 0 H.M.S.S. ‘Falcon,’ for trying the Kawa Kawacoal - - - - - 1700 Relief of sick and destitute (additional)- 100 0 0 Mr. Carleton moved that message 85 be taken into consideration in committee of supply, which was carried. no. 84. Mr. Wtnn moved that the message be taken into consideration at once. Mr. Foley seconded the motion, which was carried, and the message read again. Mr. Wynn characterised this as a most extraordinary worded raessaee, for the Superintendent first says in it that he had been given no reason for refunding this money, and yet in the next instance recommended its being made provision for in the estimates. To this he (Mr. Wynn) objected, because the original £I,OOO are still in the hands of the Railway Board, and this new proposition was hut an attempt to extract another £I,OOO for that Boaid. The invitation was that the Council should pay the £I,OOO themselves, but to show that they were not so easily to be taken in by a craftily worded message he should move a resolution that the £I,OOO should be refunded by the Railway Commissioners. Mr. Swanson seconded the motion, and in doing so said it was absolutely well-known that the money belonged to Messrs. Vickery and Masefield, and the bank °vas getting the full benefit of the interest and not the Province. Mr. Ross, though not opposing the resolution, thought that the Council was going too hastily into consideration sufficient evidence in the matter. Mr. Foley objected to the Railway Commissioners sitting in their seats silently and without giving information on a subject with which they were most fully acquainted, Mr. Cadman explained the cause that had been adopted by the Railway Commissioners with regard to Messrs. Vickery and Alasefield, whom he considered to have been taken in by Mr. Blandford. After some further discussion the resolution moved bv Mr. Wynn was put and carried. WAIROA FALLS, SUPPLY F WATER. Mr. Wynn moved a funher adjournment of the debate on the above subject, which being seconded bv Mr. Carleton, was carried. PARISH OF WAIROA. Mr. King obtained leave to bring in a bill to close up a road in the Parish of Wairoa, and to open a new line of read over o her lands in the said Parish. The Bill was referred to a Select Committee for consideration. INDUSTRIAL SCHOOL ACT, 1862. Mr. Kino moved, “ For leave to bring in a bill to repeal the Industrial School Act, 1862.” Leave was given, and the bill was read a first time, ordered to be printed, and brought on for second reading the day following. BREACH OF PRIVILEGE. Mr. Newman in moving, “ That the Provincial Executive are guilty of a breach of privilege in publishing a certain ki cr in the Provincial Gazette of the 3rd

} March instant, signed F. D. Fenton, and also a notification appended signed by his Honor the Superintanj dent,” and sail it was with considerable reluctance I that he rose to o-cupy the time of the Council in i moving the resolution standing in his name, but in doing so he was merely acting in response to the challenge thrown out by the members at the head of the Executive on a previous night. He adverted to some expressions male use of by the Provincial Secretary on"a previous occasion, an 1 referring to the letter upon which the motion had been brought forward, characterised its insertion in the Provincial Gazette as a breach of privilege, and concluded by expressing a hope that snob a thing would not occur in future. Mr. Carletox expressed an uu -vililn mess to occupy the time of the Council, now becoming so precioas, by speaking on such a paltry question as that conveyed in the motion of the honorable member. When they began to allude to their rights and privileges, he wished that honorable members would imbue

their minds with a few principles of logic before they complained of matters which had really no existence. Would the honorable member who had placed the motion on the notice paper inform him of the particular privilege he alluded to. and define it, if it was in his power to do so ? He (Mr. Carleton) could tell the hon. member where to look for their privileges. They were conferred by an Act of the General Assembly. (“ No, no.”) What privileges they possessed were derived from the General Assembly. He hoped, therefore, that the Council would not stultify themselves by 'jumping to conclusions in this matter, or allow themselves to fall into error by the honied warns of Mr. Newman. All he asked was, that the Council should refer the question to a select committee, in order that they might inquire coolly and impa-siouately whether any breach of privilege had been committed. How the letter referred to came to be published in the Gezette arose in this manner. Mr. Newman ha I made assertions which create! a great amount of misapprehension in the minds of friendly Natives; and in consequence of several complaints being made, Mr. Fenton was induced to write a disclaimer, which was inserted, after some consultation. No breach of privilege, he contended, had been made; but in order that the matter might be fully considered, he would move as an amendment, “Th.V the question of orivilege be referred to a select committee, consisting of Dr. Pollen, Messrs. Ross,' Martin, Foley, Newman, Swanson, and the mover.” Mr. Foley seconded the amendment. A debate of a desultory character ensued, and at twenty minutes past nine, a count-out took place, and the Council adjourned, eleven members only being present. The following new notices of motion were given yesterday : Mr. Kino to ask the honorable member the Provincial being made for the steamer which has been subsilised to make trips to Coromandel weekly.” Mr. Foley to ask the honorable member the Provincial Secretary, “It it is the intention of his Honor the Superintendent to send down a message, recommending an appropriation of the sum that this Council requested to be placed on the additional estimate of expenditure lor the erection of a wharf or pier at Tauranga.’’ NOTICES OP MOTION. Mr. Cadmax ’o move, “ That a respectful address be presented to his Honor the Superintendent, requesting that he will place upon the additional estimates the sura of £SOO, for the purpose of form! ig a road from the Woikoukou Creek to the Awaroa River, near vPLeod’s mill.” Mr. Wynn to move, “That a respectful address be presented to his Honor the Superintendent requesting him to cause the pier in Shoal Bay, known as Heath’s Pier, to be put in an efficient state of repair at a cost not exceeding £4O. Mr. Ckbeseman to move, “ That the correspondence between his Honor the Superintendent and the General Government relative to the Tuakau Block, be conaidered in committee of the whole.” Mr. King to move “ Thai the benefit of steam communication for which a sura of money was voted by this Council as a subsidy, be extended to Coromandel on the same terms and conditions as were imposed by the Council in assenting to the vote of £1,203.