New Zealand Times. (PUBLISHED DAILY.) TUESDAY, OCTOBER 3.

New Zealand Times, Volume XXXI, Issue 4846, 3 October 1876, Page 2

New Zealand Times. (PUBLISHED DAILY.) TUESDAY, OCTOBER 3.

The alterations and additions made in the new Waste Lands Bill by the Waste Lands Committee are of a most important character. In Part 1., which deals with the subject of Waste Lands generally, the Waste Lands Boards are constituted sole judges, of the fulfilment of conditions of occupation licenses, in lieu of the Commissioners of Audit. The power of varying or nullifying any provisional reserve given to each House is now vested in both jointly, and the remuneration of Waste Lands Commissioners is fixed at £1 for each attendance at the Board, with a return of actual payments for travelling expenses. Commissioners are, exempted from penalties attaching under any Disqualification .Acton account of these payments, and the power to set aside blocks for sale on deferred payment is;extended to town lands. The, classes of deferred payment land now are town, suburban, and rural, , and no person can select in more than one class. The right of selection in town , and suburban lands 'is limited to one allotment, and in rural lands to 200 acres. Power is given to dispense with personal residence by selectors for a period of two years, and the conditional limitation of actions for trespass by selectors is somewhat relaxed by being confined to those whose land shall in whole or in part be surrounded by land held under pastoral lease or license. Notices of transfer of interests are to be given by the Chief Commissioner at the expense of the selector, and the right to report on the fulfilment of conditions of license and of proceeding for recovery of possession in case of breach of conditions, is taken from the Commissioners of Audit and vested in the Waste Lands Boards. New clauses are inserted giving power to boards to call for reports on the land in the district from the District Chief Surveyor, who is to furnish information to the board as required. In Parts 11. and 111., relating to the land districts of Auckland and Taranaki,, there is no alteration, but in part IV. the price of land in Hawke’s Bay” is raised from 15s. to 20s. per acre. In Parts Y,, IV., and VII. the prices of land in Wellington, Nelson, and-Marlborough are raised as follows, viz.:—ln Wellington (1), for selection, from2os. t 0255.; and (2)at»uction, from 10s. to 20s. per acre. In Nelson, from 10s. to 20s. per acre ; and in Marlborough (1), for land not pasture land, from 20s. to 255., and (2) for pasture and, from 10s. to 20s. per acre. The alterations in Part VIII., which deals with the land district of Canterbury,;; are most important. Runs are to be assessed, such assessments being made by the Waste Lands Board not later than December, 1879, and fixed until the year 1890. The sections on the. basis of carrying capacity, rent being paid at per, head of stock, and copies of assessment being sent to runholders, are struck out ; and the clauses as to payment of Tent and election so amended that before Ist May, 1879,.runholders may elect to hold runs under new assessment,, paying , the first year’s rent and cost of assessment (fixed by the Waste Lands Board) before the Ist May, 1880. On satifying these precedent conditions, they may hold their runs until the-Ist May, 1890, bo t thereafter the depasturing license shall - absolutely cease and determine;' 'The provisions as to abatements' in rent when portions of a run are sold, and as to alterations in the amount thereof. before 1890, are also struck out. The price of land is fixed at not less than forty shillings per acre ; blit in’all cases'where two or more applications are made on the same day for the same parcel of land, the said land isto be sold by public auction at an upset: price of: not leas than forty shillings per acre ; and a-new clause is inserted giving the board power to set apart blocks of land as land of ’special value, to be sold by public auction in lots of not exceeding one .hundred-acres, at an upset price of not less than sixty shillings per acre. Important amendments and now provisions are made in Part IX. as to the land district of Otago. The price for rural lands is kept at 255. per acre, but the altitude at' which land Can be declared as fit only for pastoral purposes is raised from 1200 to 1500 feet, and the, price of such land is also raised from 12s. 6d. to 20s. per acre. Power is given to set aside blocks of pastoral lands held on lease or under license for sale on deferred payment not less than six months before the expiration of such lease or license, and such land shall be sold by public auction, its price being not less than 20s. per acre. The Land Board may increase the upset price if the lands are of special value, and the size of allotments is not to exceed 5000 acres. One allotment only may be purchased, and a register shall.be kept showing purchasers and extent of purchase. Persons upwards of 18 may purchase, the disqualifications being the same as those in Part I. as to ’ sales on ■ deferred payments generally. A statutory declaration is to be made of bona, fides by each purchaser,' and a penalty of forfeiture of land and purchase money is imposed for making false declation. A deposit is to be made.of one-, thirthieth of 'the price as security for taking up the license, and- the conditions of the license and terms of sale to be observed are as follows :—The,license is to endure -for fifteen years from the Ist January or Ist July following the date thereof ; the license and fees are payable half-yearly in /advance, - each amounting to one-thirtieth of the total.,price to., be paid, The deposit is to count for a halfyear’s license fees, and personal residence is imperative, except for the first year and a-half. After ten years, if the conditions have been fulfilled, 'the purchaser may obtain a grant of the land ; but for breach of the license all rights. areforfeited; Sections thirty-seven to forty-five,, inclusive, , relating to deferred payment, sales generally, so far as the , same may be applicable, are to apply to pastoral lands sold on deferred payments. There is no ah , teratioii: in: Part X., which deals with the land district of Southland, including Stewart .Island ; but in the, Westland district, under Part, XI., the Upset price of the special one ; hundred acre blocks, under !( the 56th section of the Westland Waste Lands Act, 1870, is raised,, frbii ■ 12s. fid. to 20s. per acre, and a new clause is added, Hinder which, when there is more than One applicant on the same day for any block of land, the same shall bo put up to public auction. ;

Thh latest proposal in the way of advanced legislation by Victoria is to amend the law relate ing to trial by jury.’ - A Hill has just been in, troduced to authorise application!! to be made to the Judges of the Supreme Court for new trials of persons convicted of criminal offences. The Bendigo Advertiser ,■ commenting .on the matter, says:—“ The proposed Bill only goes the length of placing those whose lives or liberties are imperilled on an equal .footing in that respect: with men whose property only is assailed. Under the operation of this Bill, a person convicted;,of any offence could, within

eight days after his sentence,, apply To the Judges lor a rule niti to grant a new trial, and the;Judges would direetthe Attorney-General to show cause why it should hot be granted. Then, .after hearing; the j arguments for and against the motion, the tule would be discharged or admitted,'as is' customary in civil cases. Judges, /particularly ’in the lower courts, not unfrequently expound the law erroneously in charging the jury, and by such means wrongs sometimes arise; The majority of jurors in all countries, however intelligent mid well-informed in the ordinary business of life,’ do hot possess that discernment and-judgment. which only long, practice and close application can give to the judicial mind.. In trials of great importance they fail .to follow with unflinching attention all - the subtle points submitted to them, and it often happens .that a, difficulty is felt to discern elearly the facts through the mists in which the contending counsel • envelope them. 1 hey are afraid to -fathom those depths from which points of law and precedents of practice constantly spring like torpedoes, so they give their ears and marked attention to the side that has been fortunate enough to retain the services of the loudeat-tongued lawyer. Jurors, therefore, rely much on the charge of the Judge, and the opinion given from the bench almost invariably influences the verdict. But then Judges are human,, and are therefore subject to err-in directing the juries and laying down the law; Now, it appears, a prisoner has no redress from the misdirection of a Judge, unless (his. Honor, reserves a .case, which in. the* lower courts he is very reluctant to ' do, as its effect would be to submit his;.judgment to a: higher ordeal.This is all very , well, but it is to be supposed that if a prisoner may call for a new trial, the Crown should have an equal privilege, so that the. Victorian Parliament , is.-dealing with aquestion which strikes ,at the root of the English criminal law. Victoria has set a good many pernicious examples in-colonial legislation, such as payment of members, and manhood suffrage—which by the way , she is reaping the fruits of in a disorderly unworkable Parliament—but it is to be hoped this little Bill will be-relegated to the waste-paper basket.

A little flutter-occurred in -the House of Representatives last evening.; After clause 62 in the Counties Bill Had been discussed for a considerable’ time, the point in dispute seemed to be narrowed down to a kind of triangular duel between Sir George Grey, Sir Robert Douglas, and Mr. Rees. These gentlemen took nearly an hour to explain their particular views, the House becoming exceedingly impatient. At last Mri'Rees found it difficult to get a hearing. The Chairman in a stentorian voice called “ order,” and reminded the House that the freedom of debate must not be interfered with, ’and' should not be interfered with while’ he had the, honor of presiding. Mr. Donald Reid rose to a point of order.' Mr. Pyke rose at the same time, and was directed by the Chairman very peremptorily to sit down, Mr. Pyke eyed the Chairman defiantly for a couple of seconds, and then resumed his seat. Mr. Reid Said his point was this—when a' matter had been discussed threadbare the: Houseshould have the right of preventing two or three members. keeping up a purposeless discussion. The chairman repeated that freedom of debate must not .be interfered with. The feeling in the House became very strong, and a number of supporters of the Government were exceedingly annoyed a few Ininutes afterwards, when the Hour Mr. Whitaker, in a weak moment, yielded to Sir George Grey, and agreed to postpone the clause. Mr. Wason indignantly called for a division, and was supported by most of the Canterbury members, and by Messrs. Seymoiir, Sharp,’ Reid, and others. The remaining clauses of the Bill were then proceeded with quietly.' ... In moving the second reading of the Wellington Harbor Board Bill yesterday afternoon in the House of Representatives, Mr. Hunter took occasion to point out that the BUI, contemplated . no extensive alienation of native lands as ah endowment, but proposed in this respect to borrow-money for the reclamation of lands now lying below low-water mark. In this respect the Bill presents a marked contrast to certain other Harbor Bills.

! Tho jury in the case of assault at the Supreme Court yesterday were unfortunate, inasmuch as the evidence was longer than the Court originaUy supposed it would be, and they had in’ - consequence ; to be accommodated with lodgings for-the night, as the Chief Justice put it, the only difference as to the character of the accommodation being that they-s were placed under the guardianship of .Constable Stewart, who went with them to the' Post-office Hotel, where they- remained. 1 -The - jury were naturally mortified at finding, themselves in this position, and Mr. Mace requested to be let out ou bail, but this, his Honor pointed out, could not be done. 1 Mr. Barton; who appeared for defendant, expressed regret,, that,the interests of his client made it necessary ‘ to call evidence which could hot be got through during the evening, and pointed out that it was his intention to call witnesses who would supply tho Court with a good deal of information respecting Te l Puni’s family,. and explained that should Mr. Bell, , the Crown Prosecutor, succeed in showing that any of the evidence given by his witnesses was incorrect, he should be compelled to call other witnesses to fill up the breach. Therefore he thought it would be impossible to finish .the case that night. The jury 1 had to make the best of things under these circumstances, and amused themselves as best they could in the Post Office Hotel, from which they were not allowed to depart, Constable Stewart being there to see that they did'not stray. Te Puni’s case comes on again. this morning, when the evidence on behalf of the prisoner will be continued; As will be gathered from the report. Mr. Barton’s object is to show that Te Puni was not responsible for his actions at the time he committed the assault upon Watene, not being then in a sound state of mind.

We have received a letter from “W. B.” on the , subject of the discussion at St. Paul’s Parish meeting the other evening on “ Hymns Ancient and Modern.” It is not desirable that a newspaper discussion should be opened on the subject, as it would be pretty sure to end unsatisfactorily. The question in dispute is a matter of conscience, and few, if any, would ;be convinced by newspaper letters, whilst the feelings of many might, be wounded, and estrangement produced where there should be unity. How,ever, the letter of “W. B.” is not calculated to induce discussion ; indeed, if his conjectures turn out to bo correct, the whole difficulty is solved, .therefore we publish it. .He , says should like to make upon what was said at the meeting «f St! Paul’s parishioners the other night. X. ,A» the editors of “ Hymns Ancient andj.Modern” have' justpublished a new edition, adding some hymns and cutting out others, it is not at all likely they would issue a, fresh book because the Wellington Synod asked them. Perhaps some of the hymns that Mr. Harvey objects to have been expunged or altered. Copies can be had in Auckland. 2. The edition of if Hymns Ancient and 'Modern” “now used .in the. churches in the diocese, of Canterbury and Otago ” is,; if lam not- mistaken, the old pne with appendix. This probably will soon be out of print. As the new and revised ” edition has been prepared, ’ would it hot be better for St, Paul’s parish to accept the new book, „ .Some excitement was created yesterday by the discovery that a considerable sum of money had been abstractedfrom a safe in the offices of the Native department.,. An imprest is usually taken by this department to meet payments of small sums to natives, and on Saturday- some £llO had accumulated. The keys, of the safe in which the money was deposited had been missing some days, and it was consequently left unlocked. Yesterday morning, on the officers of . the department attending, the . keys were found near the safe, but the money was missing. The money is scarcely traceable, some £6O being in gold, and .the remainder ■ in .'notes of various values up to £lO. ‘ The police were duly informed of the occurrence, and Detective Harrell went to the office, but could not get information which would give him a chance of securing the robber, a sufficient description, of the . money not being in the possession of the authorities.

We are compelled to hold over a number of letters to the Editor.

The usual monthly meeting of the Pacific Lodge of Masons was held at the Hutt last night. There was a large attendance of members. Three candidates were initiated and other business was transacted. .

Owing to the illness of the Hon. Sir John Richardson, the Hon. Major Richmond, C. 8., yesterday acted as Speaker, and the Hon, Col. Kenny as Chairman of Committees of the Legislative, Council.

A special meeting of the City Council will be held on Thursday next, to consider building regulations and Finance Committee’s report of 23rd March, 1876, re selling price of reclaimed land sections.

The Legislative Council last night discussed the Sabbatarian question—the non-payment of tolls by persons on their'way to church being negatived by a majority of 9. The Hon. Mr. Waterhouse expressed very broad views on the Sunday question, advocating the rights of the workingman to enjoy the day by upcountry trips, &c. The Council adjourned a few minutes after ten.

During the discussion on the Counties Bill in committee last night. Sir George Grey stated it as his deliberate opinion that Great Britain would never have risen to her present position if the Queen had had the power of appointing auditors to audit the accounts of the counties. He said this during his argument in favor of the counties in New Zealand having the power of appointing their own auditors.

We have received “ Bradshaw’s Guide ” for October, and it still maintains its reputation for being the cheapest, the most accurate in its information, and the best work of the kind published in the colonies. The railway time tables, for every district and province in New Zeoland, have been re-arranged and corrected up to date ; whilst the arrival and departure of steamers, both interprovincial and intercolonial, will be found to be most useful to mercantile men and others. The coach routes in the various provinces are also given. The postal guide has been revised and corrected up to the time of going to press, in addition to which has been added the rates of postagecolonial and foreign. The telegraphic information is most complete, as persons on reference can obtain information for transmitting messages to any part of the world. The New Zealand official directory is useful as a ready reference, and has " been corrected by the various departments to date. We observe that some additions have been made in the provincial directory, and the descriptive articles in connection with each province are most interesting. We are glad to observe that the advertising space is well filled, as no doubt advertisers find it to their advantage to make use of the pages of “Bradshaw’s Guide” in furthering their interests throughout the colony. This is the first number of the second year of publication, and we wish this useful work continued and increased success. “ Bradshaw’s Guide ” is published by Messrs Dalgleish and Raid, and printed at the New Zealand Times office.,

The Wairarapa News hears excellent accounts from the stations regarding the prospects of the lambing season; On Abbotsford station the percentage this year will be not less than eighty, which is 20 per cent. in . excess of the previous year. Up to the present time it has been observed that all the pure-bred Lincolns have dropped doubles, and in one case, which occurred on Thursday, three were dropped at one birth. The reports from the other stations in the Taueru are likewise satisfactory. The estimate, however, has not yet transpired, so that we can only speak of them in a general way. The grass is also said to be growing remarkably well, so that, coupled with the present fine weather, the runholders' prospects are altogether cheery. A meeting of the Board of Governors of the Wellington College was held yesterday, there being present—His Worship the Mayor, Mr. Bunny, Mr. W. W. Taylor, the Chief Surveyor, ■the Bev. J. Paterson, and Messrs. Brandon and Travers. The motion of which the Mayor gave notice at a; previous meeting, to reduce the holidays during the year from twelve weeks to six weeks,; came on for consideration. A lengthy discussion ensued, and finally the question was postponed. The consideration of the protest entered by Mr. Travers against the proposed exchange of the Pitzherbert-terraca sections was also postponed, after a warm discussion, during which Mr. Travers spoke strongly on the subject, deeming the proposal to be extremely unfair to the present tenants.- A good deal.of routine business was gone' through, and Mr. Travers gave notice that he would move that a new architect be appointed. The Board meet again to-morrow. . • Some fun was raised in the Supreme Court yesterday by a statement from a witness named Bassett, who was called by Mr. Barton for the defence.in Te Puni’s case. Mr. Barton asked him whether he had had any experience of cases of lunacy. Bassett said, “Oh yea!” cheerfully ; and added, “ I have been brought up among lunatics,” the which announcement gave rise to hearty laughter, in which everybody, not excepting the Chief Justice, joined. The witness then explained that when, he was very young his mother had charge of patients who had been discharged from the asylum as incurable, and that he was afterwards porter in a'private madhouse. This was elicited in order to give weight to Mr. Barton’s opinion that Te Puni must have been insane when he struck Watene with the axe.

' At the Resident Magistrate’s Court yesterday there were several cases of drunkenness, the offenders being treated in the usual manner. A man named Thomas Murphy was sent to gaol for six months on a charge of stealing a pair of gold earrings from the shop of Mr. Gunderson, of Culm-street. It appeared that he went into the shop in the morning, and Mrs. Gunderson, who was in the next room, saw him through a glass door lift something from the counter, but she did not take much notice of the action at the time, and prisoner left the shop. Shortly afterwards Mr. Gunderson came in, and missed the earrings. It happened that Sergeant Ready saw the man enter a watchmaker’s shop, and suspecting him of being engaged in some roguery, he made inquiry and ascertained that Murphy had been endeavoring to sell the jewellery. He arrested him subsequently, and in the meantime information had been given to the police, and the result was that Murphy was sentenced as above stated. Sergeant Ready acted with creditable promptitude.

At a meeting of the committee of the Wei lington Rifle Association, held at Mr. J. Turner’s shop, Willia-street, on Saturday, the 23rd ult., Captain Thompson in the chair, it was decided that the next competition for the the W.R. A. challenge cup should be held on Saturday next, the 7th October, on the Polhill’s Gully rifle range, firing to commence at one o’clock sharp ; ranges, 400, 500, and 600 yards ; five shots at each range ; entrance fee, 2s. 6d. ; the cup to be won twice before becoming the absolute property of winner. The cup is valued at £22105. Members of volunteer corps must appear in the uniform of their corps. Members of volunteer corps are requested to find their own ammunition. The cup at present time is held by Mr. J. Ballinger, City Rifles, who won it at the last meeting of the association. ~ ■ :