THE GENERAL ASSEMBLY
(Bt Telegraph.]
Wellington, July 21. The Provincial Council's Powers Bill empowers Provincial Councils to make laws constituting tribunals of civil or criminal jurisdiction and'punishing offenders who may be dealt with summarily ; also for amending the constitution of $ucn Courts and to make laws adding to the jurisdiction of Resident Magistrates or Justices of the Peace. The Legislature is empowered to attach penalties, not exceeding LSOO, t« offences against the Provincial laws A The Civil Service Amendment Act provides that from certain officers' salaries shall be deduced four per cent, yearly to be made, monthly and invested in the Trust Funds, and officers retaining to have the option of pension or a refundment of the deductions, with interest, or if tjhey be not entitled to a pension, thp deduction with interest to be refunded. The Bill ror the" re-construction of the Legislative Council provides that every member summoned to the Council- shall hold hiß seat to the end of 1878 only ; but if no Act be passed before 1878, making further alterations, the members of the Council may hold thefc mi* till the ye« lsßv\
July 22. In the House of Representatives, on the second reading of the Animals Importation Prohibition Bill coming on, Mr Yogel read what had taken place' on the matttr at the Conference, as well as the replies of the several iSuperintenderts. The Superintendent of Canterbury recommended the quarantine system. The Superintendent of Hawke's Bay said that the quarantine system only was necessary. The Superintendent of Auckland entirely opposed prohibition, and recommended inspection, and quarantine when necessary. Mr Bluett said that in Committee he would propose that the regulations adopted by the Provincial Council of Canterbury be added to the Bill. ■ Prohibition would retard the increase of the wealth of the country, and fhe people of Canterbury were entirely opposed to it. There was no guarantee that the Colony would be in a better position two yews hence than now. Mr Gillies said the Government already had the power proposed to be given them in the Bill. Quarantine was sufficient ; and we night as well prohibit immigration for fear oi small-pox. The Bill would place too much power in the hands of the Government. Sir J. C. Wilson moved, and Mr G. B. Parker seconded, that the Bill be read a second time that day six months. Mr Rhodes supported the Bill. . Mr Rollegfcon suggested the amendment of the Diseased Cattle Act to meet the diffi. culty. Mr Yogel said he would leave the Bill to the House. At present the Bill only gave power to prevent the importation of rattle. The Bill was thiown out on a division by 28 votes to 25. (The Bill was intended to give the Governor h Council power to make regulations prohibitiig the importation into the Colony of animas of all kinds, or meat, skins, horns, hoofs, hay, or fodder whick might be considered lkely to propagate any infectious or contagiouj disease. The penalty of a breach of the reflations was LIOO, to be recovered in a sumnary way. The Bill was introduced chiefly with a view to prevent the importation ol the foot-and-mouth disease. ) Mr Fitzherbert gave notice of motion fdr the introduction of a Bil for granting a loan ©f L 210.000 to the Piovnce of Wellington. Mr Yogel said, with reference to the mail arrangements with Messn M'Meckan, Blackwood, and Co., that theyrepudiated the six months' contract entered into with their agent here. The Government had been in negotiation with Messrs Jl'Meckan, Blackwood, and Co. with reference to a three years' agreement, but had rjserved the contract for the approval of the House. Meantime, arrangements would ba made for the carriage of the next mail per Rangiteto. In reply to Mr Swanson, Mt Yogel said that he was not aware of any correspondence between Mr Waterhouse and the banks of New Zealand with reference to the public account. The following Bills were read a first time : — Evidence Further Amendment ; Law Arrest Amendment ; Leases and Sales of Settled Estates Act Amendment ; Notaries Bill ; Bill to constitute Local Councils in Native Districts, and define their Functions and Duties ; Regulation of Elections Bill ; Electoral Bill ; Provincial do ; Bill enabling the Governors of Wellington College to borrow Money for the College; Bill to amend the Municipal Corporations Act, 1867. The following Bills were passed :—Municipal Corporations Water Works Act Amendment; Assaults on Constables. A Telegraph Cable Bill was introduced by Message from the Governor, and read a first time. Mr Steward asked whether the materials for the Waitaki Bridge wtce unsuitable, and when tenders would be calkd for the construction of the bridge Mr Richardson said he was informed that the materials sent out were suitable for the purpoie they were intended for. The materials were not the same as originally ordered by the Engineer-in-Uhief, as the consulting engineers in England did nob consider the materials ordered to be suitable, and altered them, -with the consent of the Agent-General. Th»y had sent out a machine called " Webb's Ktcavator," but the Engineer-in-Chief preferrtd the pneumatic process. The machinery was being altered to suit the materials, and whichever process was most suitable would be adopted. Tenders would then be invited. Leave of absence for ten days was grafted to Mr J. C. Brown, and to Mr M'Glasajn and Mr Macandrew fdr one week. The Miners' Franchise Extension Bill c*« titles every holder of a miner's right or business license, who is qualified to vote for the election of members of tho Hoase of Representatives or Provincial Council, to vote at the election of tho Superintendent of the Province in which such miner's right or business license is issued. The qualification is to commence from the passing oi the Act. In the Legislative Council, the Interest Bill was defeated by a large majority. The Bill proposed to fix the statutory rate of interest, except under contract, at six per cent. A Bank Holidays Bill has been introduced to make the following days close holidays :—: — New Year's Day, Easter Monday, the 24th. May, if a week day, and the 26th December, if a week day ; Bills, of Exchange due on any of these days, to be due on the following days. July 23. Mr Reynolds moved for leave of absence to be granted to Mr Creighton for three weeks. A debate ensued, and several members opposed the motion. A division was called for but not taken. Tiro motion was agreed to. Mr BracUhavr movjd thai leave of absence be granted to Mr Donald Beid, on amount of urgent pnblic affairs. Dr Webster moved, as an am^dmeßfr, that the words " private affairs " Je substi. tutod, which was agreed to. In the Lower House, last nigK* Mr Bafcgate moved the second reading * the Distort Courts Act Amendment BilL He explaind that the Bill is intended toex/end the equi^r jurisdiction in the District Ctfrts to L3OO, u> as to cheapen litigation. Mr T. L. Shepherd sur/orfced tho Bill On reporting the Bill, th Government; in, stead of amending the <d Bill, introdutqfl an entirely new Bill. * Mr Steward supporte/ tae Bill. It would enable parties to oar/ cases from R. M. x to District «. ourbs c)*aply» and also enable certain criminal prfiecutiona to be more economically conduced than at present. Mr Gillies critjised the Bill as retrogressive, not reformatory. It rendered the offices of the Jud^ 8 °f t^e Supreme Oourt sinecures, and sjQply increased^ the patronage of the Gftvetfment, asthe necessity arose for more, distrit judges. The Bill raised a distinction between law and equity, which it was always aoTght here to amalgamate. The decision as iO matters within the jurisdiction of th^jDistricfc Courts under the new Bi 1, weuld'be difficult. There were tea many Courts alteady. Reform should discourage legation, and he hoped thft BiUi would be Modified in Committee. Mr Ba/hgate replied the proposed' Bill wonldnc7 interfere with the Supreme Courts, which vere occupied with large and important questions, and the*©- was no intention, to mate new appointments. TV second re.ad.iog was agreed to.
The Gold Mining Bill was read a second time, as was also the Canterbury Waste Lands Bill. Mr Thomson moved that to-morrow the House resolves itself into Committee, to consider the Clutha Public Works Loan. Mr Wilson wished to know to what extent the land was already hypothecated, and which land was proposed to be hypothecated under the Bill? Mr Shepherd proposed that the question be postponed until after the financial statement. Mr Reader Wood supported the motion, which was then agreed to. A Select Committee was appointed to consider the Civil Service Amendment Permanent Officers Salaries BilL Jn the House of Representatives last night the Law of Arrest Amendment Act was introduced by Mr Bathgate. It provides that Superintendents and Councils may apply the third section of the Act to offences against Provincial laws. The third section provides that Provincial Acts to which this Act is applicable are to be specified by proclamation in the Gazette. Persons committing offences against such specified Acts, either upor indictments or as misdemeanors upon summary conviction may be arrested wisbout * warrant, by a constable or peace officer. The arrested person to be brought before a justice as soon as convenient, and not to be detained beyond sixty hours. The Act to come into force within forty days from dale of proclation in Gazette. The Notaries Bill provides ttat none are to practise as Notaries unless ttose appointed under the Act. Judges of the Supreme Court may appoint persons lolding the following qualifications :— SohVtors and barristers, authorised Notaries Public of Great Britain, practising in the Colony. Application to be made to the Supieme Court. The penalty after the end of tie year to be L2O, and LSO for practising witiout a certificate. The certificate must be renewed annually. Notaries, not being barristers or solicitors, are prohibited from acting as conveyancers. Notaries' fees are to be fixed by the GovernThe Leases and Sale of Settled Estates Amendment Act Bill wa introduced by Mr Bathgate. It provides that in orders here--after made, under the 10th section of the Act, ne condition shall be inserted requiring leases thereby authored to be settled by Court, or made conformable with a model lease, save with the consent of the parties. Any conditions already inserted may be excised by the Court. In judging what are settled estates 'withrn the meaning of the Act, the Court is to be governed by the facts and limitations of toe settlement at the time of its taking effect But where pre-emptive rights, under Provincial Waste Land Regulations, or other personal estate are involved, the Court is to be guided by facts and limitations at the time of application, to exercise powers conferred by the Act. Pre-emptive rights conferred or acquired by law, or interest or estate acquired under pre emptive rig^t, shall, when subject to settlement under the Act, be deemed settled estates In the Lower House to-day, Mr Cuthbertson asked the Government how many immigrants bad been landed at the Bluff up to the present time on behalf of the Government, exclusive of Brogden's immigrants, and what instructions the Agent-General had been given relative to further shipments of immigrants ? Mr O'Rorke replied that the only vessel was the Zealandia, with 319, of •whom only 13 were Government immigrants. Instructions had been sent to the AgentGeneral to send a ship direct to the Bluff with 300. Mr Steward asked tie Native Minister for information relative t« Colenso's Maori Lexicon. Mr M'Lean sail that LI, 180 had been expended, and the york was not yet completed. Colenso's alleged illness prevented the completion of toe work. Nothing had been paid since 18T0. A large amount of matter had accumalalie3, which was now in Colenso's hands. On a motion for three weeks' leave of absence yesteraay to Mr Creighton, the member for Edefl, Mr Buckland contended that tne time tvas too long. It would virtually disfranchfee the constituency. Mr Reeves suggested that some provision should be made r^ative to members who were also membeis of Provincial Councils being absent attending to their Council duties. Mr litzheibert suggested that the sessions of Provincial Councils should be restricted to the recess. Mr Fox asked the Government whether, in ie»ponse to petitions, Government intend<d to introduce measures amending the Liceising Bill. The Premier replied,^ refening to Mr Fox's exertions in connectioa with the cause of tetal abstinence. He Vent on strongly to condemn drunkenness, ad criticised the Permissive Bill. That Sll would jeopardize the property rights cj licensed victuallers, and would not imWove heuses already licensed; but, by jeopardizing the value of property, render ike character of houses worse. The Government favored the improvement of the existing licensing law, but would prefer to prevent the adulteration of drink and the sale of absolute poison, and to render more difficult the obtaining of licenses for new houses. The Government recognised the fact that the present system of granting licenses by unpaid Justices does not work well. The power of granting licenses should be taken out of the power of Justices of the Peace, and commissioners should be appointed to watch over and inspect licensed houses ; also, to watch over improvements, and to instruct owners to make the necessary improvements, and to see that such were made in sufficient time. They should have the power to suspend licenses fer misconduct, and should only grant fresh licenses where such were really nrcesfeuy. They should' inspect houses belore g-anting licenses, and prescribe the condition upon which bars should be conducted, &4. grant encouragement to working men's club. They should stringently suppresl adulteation, and impose heavy penalties. Any deficiencies in the revenue under the iew syste^ could be made up by increasing the cot, of licenses. The GovernmeI jb was not ,ble to give any definite pronise upon tht B ubject raised by Mr Fox, but 'would considr the question during the reces* and draft SBill. la reply to Mi Rolleston, Mr M'Lean prO tdsed to produodespatcbes from the GoSfecretty o f State, relative to *ieNative meeting atefgarauwahaia, and to die change of Ministry also the despatches from the Acting-Gave^o* relative to the Luna's visit to Kawhia. Mr Richardson promi^d a return of the amount paid to the ownt 8 of, private property fer land taken for ra'way purposes. The Juvenile Offenders *UL the Bill for ditqualifying holders of Pulicans' Licenses for Commissioners of the Peae ; the Marine Surveyors Bill, and Native Reserves Bill, were read the first time. Th. Joint Stock Companies, and the Canterbury Vater Supply Bill, passed the second reading The Wellington College Bill was read . first time. The Prisons Bill passed its secoid reading, Mr Bathgate explaining that it w,s a simnle . Consolidation Bill, except clause 10, which empowered the Governor to appoiifc a place for a penal establishment. On the motion for the addition of Mr Collins's name to the Goldfields Commifoee, Mr Wakefiekbpointed out that no Wellingjon or Canterbury members were on the Comnittee. Mr Mervyrt said. they would be of no use : they undejptood nothing of such matters. Mr Rolleston severely condemned the remarkj of Mr Mervyn, and said that tke
Goldnelds and Native Committees contained the names of too many persons interested in such matters. On a discussion relative to Mr Reeves's motion for returns of ships chartered for conveying immigrants t with the names of the owners and agents, and the prioe charged r>er head, .Mr Johnston attacked the Government contract with the New Zealand Shipping Company. Mr Luckie defended the Government Mr Gillies said that the New Zealand Company's monopoly of six months was equnlly as dangerous as that of Shaw, Saville, and Co. ; he referred to the connection of «he former with the Bank of New Zealand awl the Trust and Loan and Mercantile Agency Company. The return was agreed to. The Bill for constituting Native Councils and defining their functions, provides that the Bill should be permissive and at the option of the majority of Natives, where the major part of the inhabitants of any district are Natives whose title to the land is not extinguished. The Governor may alter or extend the boundaries of the districts, aiid also define the districts affected by the regulations under the Act. A mixed population may resolve to be brought under the operation of the Act. The land over which the Native title has been extinguished is to cease to be a part of the district. The Councils are to consist of not less than six members, and not more than twelve. The term of office is to be three years. The Governor may prorogue or dissolve the Council. Resident Magistrates are to be ex officio members. All male Natives who have attained their majority are qualified to vote. The Rolls are to be made up to the Resident Magistrate, and posted np. The Resident Magistrate is to act as Returning Officer, but the Governor may appoint others. The Council is to elect a president, subject to the Governor's approval. He may be either Native or European. The majority of the Council is to decide matters. Councillors are to be entitled to a remuneration fixed by the Governor, the salary of the president being; paid out of the Consolidated Fund. The Council is to have the power to inquire into petitions regarding land disputes, and to facilitate amicable settlement and adjudication in such cases as are recognisable by the Native Lands Court. The Council is to report to the Governor relative to the observance of Native rights and customs. The Council may frame health regulations and for cleaning of houses. Also in respect to nuisances, public property, drunkenness, prevention of fires, dogs, cattle, branding, trespass and boundary, and fencing. The Council may also impose penalties. When the Act has been brought into operation in any Native district, tne Provincial Ordinances shall cease to exist. Mr Bradshaw moved that leave of absence be granted to Mr Donald Reid, ©a account of urgent public affairs. Dr Webster moved as an amendment, that the words "private affairs," be substituted, which was agreed to. In the Lower House last night, Mr Bathgate moved the second reading of toe District Courts Act Amenament Bill. He explained that the Bill is intended to extend the equity jurisdiction in the District Courts to L3OO, so as to cheapen litigation. Mr T. L. Shepherd supported the Bifi. • Mr Steward supported the Bill. It would enable parties to carry cases from Resident Magistrates' to District Courts cheaply, and also enable certain criminal proseetions to be more economically conducted than at present. Mr Gillies criticised the Bill as retrogressive, not reformatory. It rendered the offices of the Judges of the Supreme Court sinecures, and simpiy increased the patronage of the Government, as the necessity arose for more District Judges. The Bill raised a distinction between law and equity which it was always sought here to' amalgamate. The decision as to matters within the jurisdiction of the District Courts under the new Bill, would be difficult. There were too many Courts already. Reform should discourage litigation, and he hoped the Bill would be modified in Committee. Mr Bathgate replied the proposed Bill would not interfere with the Supreme Courts, which were occupied with large and important questions, and there was no intention to make new appointments. The second reading was agreed to. The Gold Mining Bill was read a second time, as was also the Canterbury Waste i Lands Bill. Mr Thomson moveVl that to-morrow the House resolves itself into Committee, to consider the Clutha Public Works Loan. Mr Wilson wished to know to what extent the land was already hypothecated, and which land was proposed to be hypothecated under the Bill? Mr Shepherd proposed that the question be Postponed until after the financial statement. Mr Reader Wood supported the motion, which was then agreed to. A Select Committee was appointed to consider the Civil Service Amendment Permanent Officers Salaries Bill. In the Upper House, yesterday, Mr Waterhouse, in moving the appointment of a Select Committee to report upon the reconstruction of the Legislative Council, said no power existed for the Lower House to abolish the Council ; the matter was settled by the Constitution. A second Chamber was highly necessary for good government. The existence of one Chamber, wherever tried, had proved a failure. Reviewing the measures from the Lower House was not so important as preventing one class from domineering over the other. He showed the difference between the House of Lords at Home and the Council here. Nominations here were dependent upon the exigencies of party. The Council could not offer any resistance to popular pressure, and could not maintain itself against the elected body. He was in favor of an Elective Chamber, which should be a resemblance to the United States Senate. The qualifications should be the same for both Houses ; the duration of the Council being ten or twelve years. After further discussion, the motion was postponed. July 24. In the House, Mr Shepherd aßked the Premier whether the Government intends to extend the telegraph during the financial year, from Naseby to Clyde, via Blacks and St. Bathans ? The Premier said the cost would be between L 3.000 and L 4.00 0; but that the Government would inquire into the matter. Mr Bradshaw asked the Government whether they had received any report from the Commission appointed by the Provincial authorities of Otago regarding the sale of waste lands known to be auriferous, to M 'Donald, at Switzers ? The Premier said the report would be laid on the table in a few days. In reply to Mr O'Neill, in the House of Representatives, the Premier said that abstracts and specifications of patents were being rapidly proceeded with. In reply to a question from the same gentleman, the Premier said that despatches from the Secretary of State were unfavorable to the establishment of a New Zealand mint. In Teply to Mr Bradshaw, the Premier said that Government did not intend to introduce a measure this session authorising mining for gold and silver on private property. It was desired to watch the operation of Victorian legislation on the subject. In reply to Mr Murray, Mr Richardson said that materials for the public service were procured in Europe in the following manner : — Orders were sent to the AgentGeneral, who caused specifications to be prepared by the Government JfcJngiaeer. Ten-
ders were then invited, and the lewest have . been always accepted. The plans of Towns Regulation Bill was 1 introduced by Mr O'Neill, and read a first 1 time ; and on the motion of Mr Yogel, the Education Bill was read a first time. The i Wellington Loan Bill and the Sheriffs Act Amendment Bill were also read a first time. On the motion of Mr Gillies, it was agreed that the correspondence from Shaw, Saville & i Co., en the Bubject of chartering immigrant : ships by the Agent-General, should be produced. In reply to Mr Bradshaw, the Government promised to lay on the table the Regulations i for Goldnelds Discovery Rewards. In reply to Dr. Webster, the Premier said the transactions between the Government and the Bank of New Zealand were carried on under an agreement laid before the House in 1871. On the motion of Mr Gillies, the Volunteer Land Scrip Bill was read a second time. Mr Gillies proposed to amend the Bill in Committee so as to leave the option of issuing scrip to the Provincial Councils. He said j that in the Province of Auckland persons who ' had purchased scrip had afterwards bought up blocks of land by this means at half-a-crown an acre. The Defence .Minister promised to introduce clauses in Committee protesting; existing rights. Mr Yogel said that lie hoped to be in a position to make the Financial Statement on Tuesday. Mr Yogel obtained leave to introduce an Imprest Supply Bill for a quarter of a million. Mr Gillies said that he did not appear as the leader of the Opposition ; there was no organised Opposition in existence The necessity for an Imprest Supply Bill was caused by the House not being called together earlier Mr Reader Wood saw no objection to the Bill. The Joint Stock Companies Act has been passed. Mr Wakefield has given netice of motion foi a return of sales and leases by Natives to Europeans since 1852, distinguishing between Government and private transactions, and giving all particulars. Major Atkinson moved for a copy of the correspondence between any officer of the Government and Mr W. Finnimore, of Wanganui, relative to the purchase of a large block of land on the West Coast, known as the Railway Reserve. Mr M'Lean said he was just about to lay the papers on the table. Mr Fox moved that thtcorrespondence be read. A letter from Mr Firmimore, formerly Government Auctioneer at Wanganui, to Mr C. E. Haughton, Unaer Secretary for Immigration, was read, in which the writer referred to the sale by auction of certain lands, and went on to propose that he and Or Haughton should enter into a land speculation, offering to pay Mr Haughton half the nett profits. Mr Finnimore did not wish his name to appear. Be proposed that the laad on the Railway reserve should be sold to him at the upset price, and then auctioned, the nett profits to be divided. He offered to deposit LI, OOO, but the transaction was to be strictly private and confidential. Mr Finmmore referred to his services in the field, and said he might claim a large slice of land from the Government, but had not got a rood, and the Government had twice ruined him. He said if Mr Haughton joined him a large sum would be made. The letter was headed "private and confidential," and signed " W. Finnimore." Mr Haugbton replied, stating that he could not regard the letter as confidential, and he therefore handed it to the Native Minister. The latter dispensed with Mr Finnimore's services and appointed Captain Ray, of Patea, to conduct all land sales personally. July 25. Mr Bradshaw asks to-day whether the Government will extend the telegraph to Tapanui and Hwitzers ; also, whether the Government will refer the report of the Mining Conference at Lawrence to the Goldfields Committee. In the House Mr O'Conor gave notice of a motion for the reconstruction of the constituencies. In reply to Mr Murray, Mr Yogel said that Government had no intention to introduce a Lands Improvement Bill, or a Bill enabling Road Boards to borrow money. Mr Webster asked what authority the Crown Lands Commissioners were subject to in their official capacity ? Were the Provincial Authorities justified in interfering with the action of the Commissioners m administering Land Acts ? He said the position of the Commissioners was unsatisfactory ; they were more or less independent, being subject to no control whatever, and owed no allegiance either to the General or Provincial Governments. It was necessary to prevent local influences being brought to bear upon' them. — Mr O'Rorke replied that the Commissioners were appointed by the Governor, subject to the direction of the Secretary for Crown Lands. Their duties were comprised in the Land Act of 1862, and the Provincial Land Laws Commissioners were ex officio members of Land Boards, and sometimes chairmen. The Provincial authorities had no power to interfere with the action of the Boards, or with the Commissioners, without local authority. — Mr Webster then inquired whether the Provincial authorities were justified in using their influence to compel the Commissioners to wrest the Land Laws to Provincial purposes. — Mr O'Rorke replied : Not unless the Provincial authorises were supported by law. In some Provinces, Auckland for instance, the Commissioner was entirely a Provincial officer. An Imprest Supply Bill, of a quarter of a million, was passed through all its stages. Mr Yogel moved the second reading of the Telegraphic Cables Subsidy Agreement Ratification Bill. He said delay would be inexpedient : there was no probability of the Imperial Government immediately acting on the resolution adopted by the Intercolonial Conference. The Imperial Government had made strong representations to the Colonies against granting monopolies to companies for a number of years : they could risk such by the present grant. The existing communications between England and Australia was subject to frequent interruption. The tariff in existence was also very high. The Home Government and those of Queensland, New South Wales, and New Zealand were anxious for the establishment of an alternative line. The Indo-European Companies were largely interested in tne new line. The Indian Go- . vernment were willing to extend their line so as to meet the new line. Concessions had been secured from the King of Assam. Queensland, New South Wales, and New Zealand proposed to be equally responsible for a guarantee of five per cent on L 1,000,000., 000,000. The cost of the cable was estimated at L200.00U. All revenue over L 12.000 would go towards the reduction of the guarantee. The proposed tariff was very favorable. New Zealand's annual liability was limited to onethird of L 50.000, only, being paid while the line was working. The Queensland Parliament had approved of the proposal ; and the Sydney Government also approved of it, and would shortly submit a proposal to Parliament. The receipts of New Zealand, in the first instance, might not be over expenses, but this would alter in a short time. New Zealand could not afford to be left out. Steamers from Australia were uncertain. Great commercial inconvenience occurred here in consequence of large financial transactions going on constantly between London and Australia by cable. — Mr Pearoe asked whether there was any fixed time for laying the cable. — Mr Yogel replied that it would be completed as expeditiously as possible. He was prepared to modify the
Bill, and make the period distinct. — Mr J. E. Brown asked when the shore end would be laid in the Colony ? — Mr Yogel said that the Government had undertaken to pay 1,600 towards the cost of the surveys, and Queensland and New South Wales wore each to pay an equal amount. A vessel was being prepared in Australia for the Burvey. The French Government were anxious to pay a share of the guarantee, if the line were carried to Norfolk Island and .New Caledonia. The Government, however, had declined the proposal. The New Zealand Government proposed that the shore end should be at the south end of Cook's Straits, as the business on that side was the largest. The exact point of the shore end would be about Cape Farewell, in Nelson. — Mr Shepherd proposed to postpone the second reading until after the financial statement. — Messrs Ramsay and White supported ,the second reading. — Mr Yogel, in*reply to a quescion, said New Zealand would be responsible for her I share of the guarantee, if the cable to Australia should be interrupted. The other Colonies would be in the tame position with regard to the Singapore end. — The second reading was agreed to.— The Bill will be committed on Thursday. Mr Yogel moved the second reading of the Provincial Council Powers Bill. He said the Bill was intended by the Government to give the Councils the power to constitute Courts of Judicature and prescribe procedure, having the power to deal with scab disease, ths sale of liquors, the sale of cattle and impounding, thistles, making and repairing highways, levying and recovering rutes, and regulating boundary fences. The operation of the Bill will be similar to that of the new Education Bill, in not being applicable to the whole Colony, but leaving it optional with Provincial Councils to bring the Act into operation. The Bill is not meant to extend the power of Councils, nor to increase their permanency. It simply confers certain necessary powers. — Mr .bunny referred to the 9th section of the Constitution Act, which defines the subjects on which Provincial Councils have no power to legislate. Tuerefere, he might assume that Councils were empowered to deal with subjects not specified. There was much difficulty and doubt experienced by Provincial Couucils, aud caused by the tinkering of the General Government. Why Bhould the legislative functions of Councils be limited to LSOO ? The Act should have specified mattew on which the Councils were empowered to legislate. It would be better to deprive Councils of their legislative power, or not to interfere with many subjects which Councils were already empowered to legislate upon, if ot mentioned in the Bill. It would be much better to leave minor matter to Councils, giving them full powers. — Dr Webster considered the Bill retrospective, and also indicative of a change in the policy of the Premier, who was formerly a Centralist. — Mr Shepherd : The power to impose penalties to LSOO was dangerous, and there was a general feeling throughout the country against extending the powers of Couucils. - Mr Seymour thought there was a middle course open. He advocated a permissive system. Certain Bills having been declared to be ultra vires, rendered a denning Act necessary. — Mr Cuthbertson supported the Bill, but advocated that the power of imposing penalties up to LSOO should be reduced. He referred to the doubts regarding the validity of certain Provincial Acts, and the necessity for valididating the powers of Councils. The subjects mentioned in the Act might be extended. — Mr Fox said the Act did not grant new powers to Councils which had already power to enforce Provincial Ordinances and impose penalties. — Mr Gillies approved of the objects of the Bill, but it did not go far enough — the subjects included were already legislated upon by Councils. The Bill greatly increasei the powers of Councih in some respects, but in others curtailed them. At present there were only doubts regarding the powers of Councils. The question was not yet decided. The Bill did not settle doubts ; in fact, it converted doubts into realities. The Bill should have declared what powers are provided. The Councils Powers Bill of 1866 created inabilities. This Bill did the same. The second clause conferred powers actually prohibited by the Constitution. The Councils had no powers to create Courts. — After a further discussion, the Bill passed the second reading, In reply to Mr Bradshaw's questions with regard to the telegraph line to Tapanui and Switzers, and the report of the Lawrence Mining Conference, Mr Yogel said that he could not at present give a distinct answer as to the construction of the line, but would consider the matter. The line would cost L 4,130. The report of the Conference would be shortly laid on the table. In the Upper House, the Government, on the motion of Mr Sewell, promised tne production of such papers connected with Sullivan's murder as would not interfere with matters pending. The Assaults on Constables Bill, the Insolvency Bill, and the Waterworks Bill were read a second time. Mr Reynolds moved the second reading of the Marine Surveyors Bill, which was carried without discussion. The Bill provides for the declaration of ports where Marine Surveyors may be licensed, the licenses to be granted by the Commissioner of Customs. The Surveyors, wken requested, are to hold surveys in the presence of Lloyd's agent or the agents of Insurance Companies. The [certificate of ?] a Marine Surveyor is only to be accepted when he is licensed. The Sheriff' 8 Act Amendment Bill provides that where the Sheriff is not present at sittings of the Courb, his duties may be performed by any person appointed by the Court or Judge. July 26. Mr Reynolds moved the second reading of the Marine Surveyors Bill, which was carried without discussion. Mr Rolleston moved the second reading of the Canterbury Width of Tires Bill, and suggested its being made applicable to the whole Colony. — The Minister of Public Works suggested it should only apply to parts with metalled roads. Mr Cuthbertson thought the House should enable the Provinces to legislate on such a matter. — Mr Reynolds supported Mr Cuthbertson's proposal. — Mr Gillies explained that a Bill providing for penalties was out of the power of Provinces. — Mr Bunny said if the Bill were applied to the Colony it should be permissive, and brought into operation by a Provincial proclamation. The Bill was read a second time. In Committee, Mr Thomson obtained leave to introduce a Bill for raising money for public works to be constructed in the Clutha district, and postponed his remarks on the Bill till its second reading. The Bill was read a first time. Mr Wakefield made his annual motion for the return of sales and leases of land by Natives to Europeans. He spoke for one hour, and emptied the House. — Mr A. J. Richmond then drew the attention of the Speaker to the state of the House ; but there being a bare quorum present, Mr Wakefield resumed his speech quite refreshed. — Parata opposed the return, which the Native Minister refused to supply. He said the House had no right to call for returns of private transactions, and offered returns of Government dealings. -Mr Murray supported the motion, which was lost on a division — 2 to 27. Mr Wakefield's motion for a nominal return of the officers in the Defence Department and Constabulary was catried. The Canterbury Cathedral Square Bill pawed through. Committee.
Mr Rolleston moved an address to his Excellency for all unpublished despatches from the late Governor and Acting-Governor to the Secretary of ~tate re ministerial changes, and Earl Kimberley's replies. Ministers promised them as soon as his Excellency had assented to the proposition. Mr Carrington gave notice of a motion for the desirability of provision being made for the construction of roads and bridges in the 97,800 acres confiscated land given to military settlers in Tarauaki, between the White < 'lvffa and the Patea district. Mr Reader Wood's motion for further correspondence in re Mr Russell's complaint against Mr Beetham, was carried. Mr Johnston gave notice of motion asking for a return of the travelling allowance of Ministers ; also, in detail, all allowances to the Governor during the five years ending March 3 1st last. Mr Harrison gave notice of a motion that the Goldnelds Committee consider the report upon water supply to the Goldnelds. Mr Murray has given notice of motion for returns of particulars in connection with the purchase of the Port Chalmers Railway, Engineer's report of the value and actual cost of the railway, the terms on which the Provincial Government wor.ks the railway, the list of shares and bond-holders of the Railway Company, showing the number of shares held by each.
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Tuapeka Times, Volume VI, Issue 287, 31 July 1873, Page 5
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6,422THE GENERAL ASSEMBLY Tuapeka Times, Volume VI, Issue 287, 31 July 1873, Page 5
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