New Zealand Spectator AND COOK'S STRAIT GUARDIAN. Wednesday, July 22, 1846.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 102, 22 July 1846, Page 2

New Zealand Spectator AND COOK'S STRAIT GUARDIAN. Wednesday, July 22, 1846.

Wk alluded on Saturday .to i-epprts of hostile movements among the natives. It is now ascertained that a body of one hundred natives from Wanganui, well armed with muskets and "tomahawks, have left that* district at the invitation of Rangihaeata and^EJ-Muka , to assist them in their rebellion against the Government. According to the information of some persons who came into town late on Saturday evening from the coast, an advanced party of these natives were encamped at Waikawa beyond Otaki, and about half-way between Wanganui and Porirua, on Wednesday, but the main body with the women and children were at Raugitiki, where it was i supposed they would remain for the present. These natives were under the direction,of Nopera (a near relation of Rangihaeata) and Maketu, two of the most turbulent and disaffected chiefs at Wanganui. It was expected that their further progress j along the coast would be interrupted by the j friendly tribes at Otaki and Waikanai, and to provide for this contingency, they had been furnished by Rangihaeata with a minute description of an' inland route by which they would be able to effect their junction with Him, avoiding the pas of "those tribes. Preparations were immediately made on the receipt of this news for another expedition. On .Monday all the soldiers in the town and a company of the 58th regt. stationed at the camp on the Hutt, amounting altogether to one hundred men were embarked on board thWsteimer, and also all the men that could be spared from H. M* S Calliope, together With a detachment of the armed' police under Major Durie and Mr. White who has recently been appointed to that corps. The .field piece which a short time ago was taken to the camp at the Hutt was brought back again on Monday morning and put oh board the Driver, ' and other preparations were made which clearly indicated that some decisive step was resolved- upon.' Towards the evening his Excellency embarked with Major Last the Commanding Officer, and at five o'clock the steamer got under weigh. It was supposed she would proceed «ither to Porirua, or to some point beyond on the coast with the intention of cutting off- these reinforcements before they could effect a junction with the rebels. The evening was beautifully calm and very favourable for the purpose of steaming, so that there is* little doubt the Driver arrived at her destination by daybreak yesterd% morning.

And here we cannot but lament that when the British Government have at last determined to assist the colony, the assistance should be given in such an inefficient manner as greatly to reduce the chances of success. When it was decided that a steamer should be kent to New Zealand, it was essential that the vessel, from the nature of the service on which it was to be employed, should be newly commissioned, with her engines in perfect order, 'so that she could depart on any sudden expedition at an hour's notice. But the Driver, the steamer sent to the assistance of the Governor in quelling, the disturbaaces in the colony, had already exceedediier appointed time of service when she left China for New Zealand, and at this" present date we believe has been now more: than five years in commission. The boilers^ of a War steamer are only calculated to^last. for three years, so that when the Driver arrived on this station, as a steamer, for the. service for which she was particularly wanted, she was nearly mseless. Now to send a" vessel in such a state to a colony so critically situated is most unfair and unjust to the Governor, to the gallant officer's and crew of thevessel, and to the colony. On an emergency like the present when every thing depends on the suddenness of the movement, three ! precious days have been lost in making the necessary repairs in the; boilers.- From the 1 rough weather which -is often experienced on the coast of New Zealand, and which renders it necessary not only that the engines should be in good order but that they should be of great power, the vessel with the lives of the officers and crew are wantonly exposed to risk and danger, -from the neglect or ill-timed parsimony of the British Government. And if any such disaster as that, the possibility of which we have hinted at were to happen, who could calculate tße' amount of mischief which wohW ensue to the colony=? To return however to the immediate subject of our observations. We may now daily expect to hear news of the most important ' kind. Withjthe Jhroons. at the camp at Porirua, the force at the disposal of the Governor cannot be less than between five and six. hundred men, a force under' proper direction sufficient to' root out the' band of murderers from whose inroads the settlement has so long been suffering 1 . We sincerely hope that his Excellency will adopt such decisive measures as will bring these offenders to merited punishment, and establish the peace of this district on a firm basis. We (have already seen the consequence of temporising, of measures of expediency ; — these have only led to greater mischief — What is to be done now,* must be done effectually. — We need hardly allude to what the' moral effect would have been in striking terror into the disaffected, and in impressing the natives with a proper sense of the British power, ,if the present demonstration had- been made * immediately after the murder of the Gillespies, now' nearly four months since, with the additional force theu at the the disposal of the Government from H.M.S. Castor, and Capt Eyton's company of the 96th. It is a matter of congratulation however, that this movement of the disaffected natives has taken place .before the^Goyernor returned to Auckland,! had we have been left to the superintending incompetence and inactivity which have caused so many evils during his absence, it is impossible to say what might have occurred. While on this subject we may remark how fully, how completely our anticipations of the mischief and danger to be apprehended from the former course of inactivity and delay have been realized?' we fear tod that our" suspicions of Rauparaha's want of faith may prove to be equally well grounded. We abstain for .the present however, frpm.sayfog more on this topic. ■ .

On Friday the chiefs' and principal natives df this district, had' an interview with his Excellency the' Governor to ascertain his ■■ sentiment! on several points affecting their interests. The two principal were on the subject of an allowance in money, instead xjf the rations at present issued to them, and which has been the subject of much dissatisfaction, and of some allowance or pay for their services as an auxiliary force. On the 1 first point, they were informed that they?

might either receive rations, or an *U°wancc in money, whichever they pleased, but that they could not expect to receive regular pay unless they were subject to the saraetaacipline, and submitted to be suddenly movea to any part of the district wherever their services were required, in the same manner as the troops or police, but that the Govern^ * ment would take care to reward them according to their exertions. His Excellency also informed Aem of his full determination to punish the perpetrators of the late murders at the Hutt, and gave them to understand that in the prbvince of South Australia, of which he was previously the Governor, some natives who had been guilty of. murdering six settlers, were apprehended six years afterwards, and having been convicted of the offence, were executed accordingly, and that he was determined, whatever interval might elapse, that these murderers, should, in the same way be brought, to justice. ,His toejjejiwa^^ ilan4 under, cultivation, in wheat and,'pptatoj» , this season, as. possible, -and that with this view it would be necessary for them to have only half their present number at the camp ; that they would receive due intimation whenever their services were required ; and that they would be wanted more as guides, in showing the way to' the" troops and as scouts, in giving timely notice of any ambush pa a march, than required to take an. active* part in any. fighting, which the pakehas would manage themselves. ' We are informed that the natives were highly satisfied with .the result of their. interview, and very much, pleased with his Excellency's open manner of dealing with them. „.*

lONFridaVi as Mr. M'Kulop, the officer 5 of " the Callibpe in charge of the boats at;Porirua, was sailing up" the north-east 'arnv of that harbour in the gun-boat (formerly the" Tyne't longboat), which was left "there on the occasion of the Calliope's last visit;-a-party of the rebels fired uson the boat; and rushed into the water for the purpose of making an attack, while those on the shore commenced dancing the war dance. Two shot were fired at them, when the gun was* loaded with grape, which there is reason to" believe' did some execution,' as the rebels, after its discharge, set up ~tf terrible yelling, and began 1 - "toe disperse in all directions. — None t>f the men in the boat were wounfied. 1

W* before jthe fpUo\?ing, r to/b^A $MW$V$ ac&vuntroftne force embarked Qii board tne - ■Driver on Monday, the 20th inst. :t-3 efcrjeants, 4 corporals, and 37 rank and .file' of .- the $B%h*TOgt.' under Lieut. Page, and,, 5 seijearits, 3 corporals, U drummers, and 76 rank and file of' the! 9.9 th regi--ment, under the following officers :■—. Capt*. Reed, Lieut. de,Winton^ an 4 En«jgn , Blackburn. ' Major Last was the" officer; m, command of the troops, and* Mr. Galbraith. surgeon, of the 99th, the ipedical officer ac-" companying the expedition. The force.from H.M.S. Calliope consisted of sixtf-fojir s&l- . men and' marines", under the commimd,. of ; Capt. Stanley, and the following ofncera'Qf the Calliope — lieuts..Thorpe and Beresford; Lieut. Posbrook'e of the marines,. Mr. Pul- , kinghorne, the 2d master, Mr. Crozier, niid-, , shipman, and Mr. Dennb,' the bbatswatn. Dr. Ross, assistant-surgeon of the Calliope, also accompanied the expedition.

Thkrk was a report in circulation yesterday evening that a party which ;had;beeß sent from, the camp to reconnoitre Rangmaeata'* - pa had found it totally' deserted, and it was • supposed that chief had proceeded, witfc: his followers, towards . Waikanae,-with the -intention of joining his Wanganui.jJliesj. It was also rumoured that the Driver had , proceeded to "Waikanae.

W« have authority to state that the late report reflecting upon the character of C. E* N. Wright,. Esq., of Haftß CitttUfpft is*totalty unfounded. ' As we understand the, matter will form the subject of an investigation according to die rules of the service to which Mr. Wright belongs, we forbear to" state the particulars, but without doubt that gentleman will eventually obtain those amends which so gross an imputation .as the report we allude to deserves.

It will be perceived by tjteProclamation published in thit day's Spectator, that in consequence of recent -events," Martial Law na* been extended from Wainui to all the* country south of Wanganui. --- * -

Nativ»-grown Whbat. — At Mr. Wade £ sale on Thursday, the cargo of wheat from; Waikanae realised from 63. 9&. to 75., »'" bushel.

Wellington Sayings Bank.— Mr; <*. D» Lardnc, Mr.. W. S. Loxley/ Mr. A. Ludlam and Mr.H.jSt. Hill, the Managers. in, rotation, will attend to receive deposits at Mri Ross's ' office, from seven to eight o'clock on Saturday evening", the 25th July, and at the Union -Bank of Australia, from twelve to one o'clock on Monday forenoon, the 27th July.

1111 " W» extract from .the Nekon Examiner the following " hint* for Ordinances" which it is proposed to layr before bis Excellency the Governor. If the framere of tkese " hints" desire that the Ordinance* to be fonnded on them should apply to the settlement of Nelson only, and tjie settlers there are willing to receive them* we. have not much to say on the subject ; but if it is intended that such Ordinances should be of general application, we hops that his Excellency will never listeni to .such .crude, selfish, suggestions as these "hints" appear to be. We shall take in opportunity in our next number of examining these hints, and of .exposing their injurious tendency. I;— An Ordinance to prrvmt the Spreading ' ' of Contagious Diiease*- among Sheep. t. The owner of any sheep diseased with the icab, or other) contagious «r infectious malady, who shall negfig»miy or intentionally suffer *he*«ati*4*&iptfn tfr to pass over >ny jiSW,'<kcej>t such as may bfrlong»4o himself or .ove'r^afch'fe nuly have "an >#&usiveiiberty of pasture, to be liable to a penalty of £' for every such offence. 2. In any case where it" may be proved that other' sheep have' contracted disease by coming into contact with such diseased sheep, or by passing over any land where the diseased sheep have been so negligently of intentionally suffered to be; the justices of the peace before whom the information may be laid may award that the owner of such diseased sheep shall pay to the owner of the sheep contracting tht disease from, them such sum not exceeding '£ mayVtp such justices of the peace, on, the evidence of some, competent witness, appear a fair and reasonable compensation, for the damage done: provided always that it- shall not be obligatory on the party-in-jured to accept of such, compensation, but he may resort to any other legal remedy instead ; hut if he do a«cept it, and it be duly paid, it shall be final. * ■ 3. No sheep diseased as aforesaid to travel along any road or over- any un/enced lands (excepting such as may be beyond the limits of any district in wbicli sheep r are depastured for the time being).in an^c other month than February ;. and th« owner of all diseased sheep .' travelling during that month shall be required to give notice in writing to the occupier of any land or sheep run where sheep ; *re .usually ; depastured, and along or over which it may be intended to drive such diseased sheep, at least t^o-dear days 2 before; doitfg so." Penalty and compeuiation as in sections I and 2. ] "[This provision is adopted from the New Sooth Wales act* It may be questionable to wbattime the travelling should be limited.] . 4. No diseased sheep to be allowed to travel in the month of February except by such roads or ways as may be determined by two justices of the peace ; and notice whereof to be gfveh in* the local newspaper (if any), or by notice in writing posted in some public and conspicuous .place, at least one month before. * : 5. Any • person forsaking or abandoning any sbeep diseased as aforesaid, either on a publicroad or elsewhere,' to be liable to a penalty of £ . 6. Any such diseased sheep found at large, for which no owner can ■be discovered, may be impounded in any public or private pound; and, if not claimed and all penalties, compensation, and expenses incurred under the ordinance (including the expenses of impounding and keeping), paid within one week after the same shall have been advertised in the local paper,.if any, or* if there be no snch pipe/, by notice posted on some- public and conspicuous place; the same may be 'sold by auction, and the proceeds, after deduction of such penalty, compensation, and expenses as might ha*e,been inflicted if the owner had appeared, shall be held for the benefit of such owner if he shall claim the same within twelve months ; otherwise shall be paid into the Colonial Trea•ury;an.d the owner barred. _ t '- 7; Before any:' sheep imported' into the colony shall be allowed to land, they shall be examined by a . person to . be appointed for that purpose by the Lieutenant-Governor, and if found diseased as aforesaid they shall be disembarked only on such quarantine, ground as may be appointed .by. the Lieute-nant-Governor, and then shall remain till declared by such person as aforesaid to be free from such disease. Penalty £ for every twenty sheep. . 8. The person who for the time being shall have the control of the sheep, to be deemed the owner within the meaning of this ordinance. 9: All penalties and compensation to bt recoverabl* in a summary way, and such penalties to go to her Majesty's Treasury, &c. iO. c The* ordinance only to come into operatk>n4n snch districts- and at such periods at the Lieutenant-Governor shall appoint by proclamation. *-

11. —An Ordinance to prevent, Entire Ani- £»--*, malt from going it large. 1. The owner of any male. cattle, sheep,

horse, an, mule, goat, or swine not castrated which shall.be negligently or intentionally suffered to be at large in or upon any lands not belonging to such owner or over which he may have an exclusive liberty of pasture, to be liable to a penalty of £ for every

such offence.. 2* Any such male . animal as aforesaid found at large may be impounded in any public or private pound,, and may there be defined till tbe owner "shall haye 1 paid the penalty and all cost* utlder this ordinance, and all reasonable expenses of impounding and keeping the said knimaV or until sold as hereinafter directed., , . , 3i That when any such animal shall have been Impounded, advertisement of the same, giving A description of the animal and stating tbe time when and the places where taken and impounded, shall be inserted in some local n**»p*pe*'at soon after such impound!- ! ing a* may,yfi«nyeniently I be, or, if there be no such l^er^ljy notice posted in some puhlic'and conspicuous place. 4. "That if such animal be not redeemed within one fortnight from the appearance of such advertisement, the same may be sold by public auction, and after payment of the penalty and all costs and expenses under this ordinance, the balance shall be held for the owner if he shill claim the same within twelve mouths, but if not, then shall be paid into the Colonial Treasury and the owner barred. 5. Penalties to be summarily recovered, and to go to her Majesty's Treasury, &c.

11l; — Jfn Ordinance to prevent Injury orbing ■ from Trespass by Cattle, #<?.' Repeal the ordinance 7 and 8 Victoria, No. 19, now iv force, which will revive 5 Victoria, No, 16, limiting the remedy to castes of trespass on lands substantially fenced% and add full powars of impounding and selling. Enact also that inert lawful possession of the land where the trespass is committed shall authorize the impounding, without its being necessary to show a freehold title.

IV; — An Ordinance to prevent Injury and , Nsdsanceby Dogs. \, The clerk of the magistrates to keep a book for the registration of dogs. 2. .AH dogs to be registered therein. 3. Outhe registration of any dog habitually employed intending sheep (or cattle ?), of wihicVfact'the party registering may be required to make oaft, It fee of one shilling shall be payable to the registrar for his trouble. On the registration of all other dogs a fee of ten, shillings shall be payable, one shilling to go t« the registrar, the balance to the Colonial 'Treasury. 4. All unregistered dogs may be destroyed by any person whomsoever. ' ' 5. Any person maintaining or having in his following any unregistered ( dog, , to be liable to a penalty of . for every week in any part of which he shall maintain or be followed by such dog, to' be summarily recovered on the' information of any person, and go to her Majesty's Treasury. 6. The registration book to be open to inspection during the usual hours. of business at the Police Office, on payment r of sixpence, to go to the registrar for his trouble. 7. In any action tor damages which may be brought against the owner of a dog for injury done by such dogf.it shall not be necessary for ,the .plaintiff to prove that, the owner of such dog knew of its propensity to commit the injury complained of. But the defendant may offer evidence to show that it was. not to be presumed from the natureof his dog that it was likely to commit such injury,, and such evidence may go, in mitigation of damages if the jury shall .think proper.* J \ . " ~ / _ . V.—Ah OfftihahcelJapporiioh tie Expense <■ of Mutual Fences, Sp. ' '"' : ,1. Where two or more persons shall have lands contiguous or adjacent, and one of them shall construct a fence, ditch, drain, or other improvement on his own land, or connected therewith, which shall be substantially beneficial to such contiguous or adjacent lands, the owners of such contiguous or adjacent lands shall bear such part of the expense' of the same at may be proportioned tojthe benefit derived by them. ■ <, 2. That if the parties cannot agree as to the proportion of expense to be bdrne by .each, within one month after notice in writing given to the party sought to be charged, thfr same shall be referred to two indifferent persons, one to be appointed by each party ; and if such referees cannot agree, then by such third person as such referees shall by .writing appoint

* N.B.— ThU claiiie it repugnant to the law of England, which, by the charter, the colonial laws ought not' to be, unless where the peculiar circumstances of the 'colony require it, which in this case they seem to do. At all events, half the laws in the New' Zealand Ordinance Book are open to the same* objection, and this' jnay •'be' allowed to pass 'as well as the others.

before their entering on the references,provided that if the party to be charged, or his agent competent to act, shall for one fortnight after' request in writing made to him refuse or neglect to appoint a referee, or. if such party to be charged shall be absent from the colony without haying such, an agent as aforesaid resident therein, it shall be lawful for the. other party to appoint a referee on his own account, who shall appoint another on behalf of the party to be; charged, and the two so appointed shall choose an umpire and .proceed to make tKeir award' as if they had been respectively appointed by the parties. The referees or umpire to make their or his award in writing within one month from the appointment of the umjire,or within such enlargedjime not exceeding three months' as they may by writing appoint, and shall on paymeut of their expenses , deliver an original part thereof to either party requiring the same. _ $ 3. That the award- so made shall be conclusive between the parties; and the amount awarded, together with a proportionate part of the expenses of reference and award, may be recovered in any of her Majesty's courts in New Zealand, according to the jurisdiction thereof in respect of amount, and the same, until paid, shall be a charge upon the lands in respect of which the same is awarded, and may be distrained for thereon on the warrant of a justice of the peace, to be issued as a matter of right on the part of the distrainor, on view of the award or & certified copy there? of at any time within twenty years after the making of such award : provided that no such distress shall be lawful unless the award shall have been enrolled in one of her Majesty's Courts of Record in New Zealand within six months of the making thereof. 4. The same provisions to apply to the keeping up and repairing of fences and drains, &c, when made. VI. — An Ordinance to prevent Injury by incautious Firing of Bush, Fern, &[C. 1. When any person shall negligently or intentionally, with or without malice, set fire to any fern, bush, scrub, or other combustible vesture of the soil, whether on his own land or on any other, and such. fire shall spread to the damage of any property, real or personal, belonging to any other person, the owner of the property so damaged may recover compensation not exceeding £20 on the award of a justice of the peace ; provided that the party recovering such compensation shall not be barfed thereby ffinn aaf_jal\ict remedy lor au excess of damage beyond the amount awarded, nor shall the payment thereof release the party causing such fire from the criminal consequences (if any) of his act.

[From the Australian Papers.] From the census of Port Phillip published in the Melbourne Argus of June 12th, we learn that the total amount of population in the town of Melbourne is 10.974, and the amount of the population of the district is 32,895. The population of Port Phillip exceeds that of South Australia by upwards of 10,000 souls. A bill appears in the Government Gazette of Van Diemen*s Land to abolish differential duties on Customs. At present the produce of New South Wales is admitted at a duty of 5 per cent., whilst that from South Australia and. New Zealand is charged 15 per cent., which is to'be made the general rate. — The Town Council ef Melbourne contemplate a petition., to the. Legislative. Council, praying them to memorialise, his Excellency to place uponthe Estimates for next .year the sum of £5,000 for "the formation and repair of streets ; of £#,000 tor the erection of market buildings J and of £liooo for a'town hall. — It is contemplated to form a reservoir, capable of holding 20,000 -tons of water, at the uorth end of the town, of, Melbourne. — The Hobart ' Town paper's .speak of- despatches haying be^n , -received, authorising the formation of a new penal settlement on -New- Holland, • and of au ■ entice change in the convict system of Van DiemenV Land. There does not appear tp* be much foundation for. the rumour. ... .