OTAGO PROVINCIAL COUNCIL

Otago Daily Times, Issue 141, 29 April 1862, Page 4

OTAGO PROVINCIAL COUNCIL

SIOSDAT, 28T11 AI'UIL,

The Speaker took the Chair at twenty-three minutes after' four ; and read the usual form o. prayer; after which the Clerk to the Counci read the minutes of last sitting, which were confirmed. - petitions. MR. GILLIES, presented a petition from the settlers of Inch Clutha, North Molyneux, and Kaitongata, praying that the House would give permission to the Superintendent to sell a portion of the Clutha coal reserve, as a site for a manse and glebe, The petition was received, and laid on the table) ; MR PATERSON, presented a petition fro:n the inhabitants of Hawkcsbury, praying that a road in the district be declared a main road, and that a sum of money be placed on the estimates for tlie purpose. The petition was rejected as it involved a financial element. NOTICES OF MOTION. MR. GILLIES gave notice that to-morrow he would move that the petition presented by him from the settlers of Inch Clutha, North Molyneux, and Kaitongata, be referred to a Select Committee, comprising Messrs. Steel, Todd, and the mover. LEAVE OP ABSENCE. The standing orders of the House being pendedMi.. GILLIES moved that leave of absence be grantei to ~Mr. Hardy. MR. REYNOLDS seconded. Question put and carried. CLERK TO THE COUNCIL. MR. DlCK.moved the first order of the day, namely, the consideration of the report of the Select Committee on arrangements for a Clerk of the Council; and that Mr. Charles Smith be appointed to that office. ■ He had to intimate to- the House that the Committee had simply reported that they had received five applications, and that after mature consideration, they had approved of the appointment of Mr. Charles Smith. Among the applicants were Messrs, Blair and Brown, who were very highly recommended ; the recommendation of Mr. Brown especially, was of a very superior character ; Mr. Blair had also been Veil recommended, but the application from -Mr. Charles Smith was considered, on the whole, to be most satisfactory. . (The hon. member read the application sent in by Mr. Charles Smith.) The committee, after reading and inquiring into various applications, had arrived at the conclusion that Mr. Charles Smith would be the most eligible party ; particularly as lie was prepared to undertake , the duties; at once, and to applr himself unreservedly to them. He would move— '• That Mr. Charles Smith be appointed Clerk to the Council." '..""■ Mr. REYNOLDS seconded the motion. Mr. HOWORTH rose to ask for information. He had understood that the gentleman who was t) have been appointed clerk to the Council, was also intended to havethe custody of the Library. . ■ Mr..DICK replied in the. .affirmative, and remarked that the custody of ths Library should have been embraced by the terms of the original motion. He would ask leave to amend, with" the view of inserting the .filial words,."and Librarian." ■"';...■.. ' , Question put, and carried. The motion having been amended, was subsequently put to the House, and affirmed. "'Mr. M'GLASHAN gave notice that to-morrow he would propose a resolution in reference to Mr. •Chapman, Hate Clerk of the Council. The SPEAKER read the reply of- Mr. Charles Smith, the.; newly elected Clerk to the Council,1 wherein that gentleman returned thanks for the appointment conferred oipon him. message. Message No. 3 from his Honor the Superintendent, suggesting various alterations in the Land Regulations of the Province was brought up, aud read. - . Mr. M'GLASHAN gave notice that, to-mor-row, he would move that Message No. 3 betaken hi!o consideration, anil referred to a Committee, to consist of Messrs. Cutten, M'Masters, Cargill, Howorth, and the mover ; with power to call for papers and persons, and take evidence. :■■ , ' ROADS ORDINANCE. Mr. M'GLASHAN moved the House into Committee on this Bill. He thought that any explanation. of the. Ordinance might be better given in Committee than out of it. Mr. DICK seconded the motion. The House having resolved itself into Committee, Mr. M'GLASHAN said that, respecting the Ordinance of 1861, of which this Bill is an amendment, a correspondence had taken place between the Superintendent and the AttorneyGeneral, from whom a letter had emanated, in which was a passage which ran as follows:—" The Government had had under its consideration the ordinanco of 1861 included in his Honor the Superintendent's letter of-4th October last, which had,been passed by the Otngo Provincial Council, and to which his Honor had assented ; ami the Attorney General regretted that, for the following reasons, ministers had been compelled to advise his Excellency to disallow this Ordinance. In the first place, it was argued that Section 2 was a contravention of the 10th clause.of the Constitution Act." '1 hat section of the Ordinance the honorable member would read before proceeding further : ''All public roads within the Province of Oiago, not under the Jurisdiction of any Town Board, and-also all lands, forests, property,- and other effects vested in and possessed by a general board, under the first-mentioned Ordinance at the time of the passing of this Ordinance, shall, on the passing of this Ordinance vest in, and be possessed |!>y the Superintendent, and his successors in: trust for the purposes of this Ordinance; and all the functions shall be executed and performed by him with the advice .and consent of- his' Executive Council,, and not otherwise." Respecting this Ordinance of '61, the AttorneyGeneral had said that section 2 was a contravention of the 10th section of the Constitut on Act, that is, the clause in the Constitution Act which specially exempts from the jurisdiction of the Provincial Council certain matters, and among others^ the alienation of land by the Crown, the ! effect of that.being to,vest the title to the soil in the Superintendent. In the clause of .the Bill of the Ordinance of '61 it was .provided that all public roads in the Province of Otago not under the jurisdiction of any Town Board, and'also all lands, watercourses, property, and other effects of what nature and kind soever, shall be vested in- a 'General Board. Now," by the Ordinance •repealed by;the Ordinance of '61, the roads were not vested in a General Board/ The AttorneyGeneral objected to the clause in the. Bill,of last Session, because the roads were: vested1 in the Superintendent ; and the Attorney-General went on to slate, with reference to section 3rd, that it was*it variance with, the "Water Courses^ Act of 1858. . , ■

MR. HOWORTII hoped that the House would suflfer him to make a few observations. It appeared to him' that the Attorney Genera!, in assuming tha? the soil of the roads vested in the Crown had adopted a principle which was unknown to the common.law of England ■: With . respectr to the clause itself, it was. only, vesting. in the Superintendent the property which was possessed by the several Road Boards : and he thought it would bo

A much more convenient thing to ennct that the soil of fill public hinds s-l'.o^id vested iv the Superintendent. With respect to clause 11, instead of giving pnrtit1- an opportunity of appeal, and cornj xiifatioii, i.c thought it would facilitate the progress of the works, if such general power wore vested in the Road JJonivi. The bill, .loft the Goveiiiincut no alier native but to fail back on tl>« old Ordinance irhfch contained pome powers which hurt b'-.vi confirmed by th'1 ilichv.:iys and Water-coumv. ,'. .-i. "In Committee: h lew of tlie ci:i:. •. •: provoked discussion, and some slight verbal tinendmeuts ■were adopted. ■_ The consideration of the schedule of road districts, was, on the motion of Mr. ]V':inin, deferred to Wednesday next. HOUSE niCSUJIE 3The Speaker having taken chc chair, the next order of the day, being confederation of Message No. 2 /Town "Reserves) woi brought up : when, Mr. Dick moved that tint the House go into Committee on the same. The House then wen/into committee on MEfi j*ot: no. 2. Mr DICK mover" »hllt Message No. 2be now read " Its purport w«s, the forwarding of a map of the town of Dizain, and showing sites of unannrooriated reserves, with a recommendation from the Superintendent that sites be determined upon for vnriouspubhc edifices. Mr DICK observed that tins message opened up ratli-T a 10-ge question for the consideration of the Hoii^ '.to-night. A considerable sum of money h£i'' been entere^on tne Estimates for the Durnosc specified, and it was thought by the Executivp t0 l)e desirable that the House should-at onv ,j and finally, decide upon the sites on which ♦id buildings should be erocted. The sum appropriated he believed to be £15,000. The present buildings were defective in many respects, being unsightly aiid ill-adapted to the purposes for •which they are required. Another thing, the building in which the Provincial Council held its sittings was alao used as a'Court of Justice, and he was certain hon. members would agree with him that the two should be detached. The gaol, too, was not nearly large enough for the purpose for which it was wauted. The present building had been condemned by. the Judge, and a Grand Jury of last session. There was an absolute necessity for the erection of another prison. And then there was a lunatic asylum wanted. That was a question which had been debated over and over again in this House and elsewhere. It was thought probable that the Council would desire to have a separate establishment altogether for a lunatic asylum. The sites of all these edifices required the immediate attention of the House, because the Council was now called upon to erect buildings of an expensive character; and it was hoped that the House would see fit to put up respectable buildings which might bear favorable contrast with the public buildings of other colonies. The Government now simply mooted the subject before the Council, to ask the "House to adopt the sites, and to determine' if they would alter the places for the buildings as designated. The question of the Government buildings, for which the estimate was £15,000, gave rise to the question, should they be erected on the ground occupied by the present buildings, or should they be built upon some other site. It had been suggpsted that the ground on which these buildings stood was exceedingly valuable ; and that it wonld be well to let that ground, and to build upon the site upon which the Hospital at present stood, and that the Hospital should, be removed to the old cemetery ground which comprised about five acres. Tlie lion. Member would suggest that the House proceed, in the first instance, to consider the site for a Provincial building. PROVINCIAL GOVERN3IENT BUILDING. MR. REYNOLDS moved that the Provincial Government buildings be erected on the Government Reserve. A discussion ensued in which Messrs. Rennie, Cutten, Cargill, and McGlashan, took part, and the question was ultimately disposed of by the carrying of an amendment proposed by Mr. Rennie, as follows : — f£" That the ground at present occupied by the Hospital is the best position whereon to erect the Provincial Government buildings, and that the Council recommend that that ground be appropriated for the purpose." HOSPITAL AND GAOL. Upon the motion of Mr. Reynolds, it was resolved to erect the Hospital and Gaol upon the site of the old Cemetery reserve. LDNATIC ASYLUM. Upon the motion of Mr. Cutten, the question of the site for the erection" of the Lunatic Asylum was deferred, to allow time for inquiry as to the most eligible site. GENERAL MARKET. On the motion of Mr. Reynolds, it was resolved "that the Market be erected on the reserve marked A on the plan upon the table of the House. priiLic found. Upon the motion of Mr. Dick, the following resolution was passed, "That his Honor the Superintendent be recommended to proclaim the site marked E in the map forwarded by him with Message No. 2, as a temporary pound.'' The consideration of sites for a Lunatic Asylum and College, was permitted to stand over until the House proceeded with tho estimates. The CHAIRMAN now reported progress, and the House resumed. MR. DICK next moved, " That the resolutions adopted in Committee be adopted in Council. MR, REYNOLDS seconded. Question put, and carried. EDUCATION BILL. The House then went into committee upon the Education Bill nnd passed the first fourteen clauses, with slight amendments. The CHAIRMAN then reported progress and asked leave to sit again, and the House adjourned at twenty minutes past te« until four o'clock, tomorrow, (this day.)