EDUCATION ORDNANCE, 1857

West Coast Times, Issue 355, 12 November 1866, Page 3

EDUCATION ORDNANCE, 1857-

Mr Barff, by leave, brought in a bill to amend this Ordinance so as to establish a Board of Education in Westland. The bill was read a first time, and ordered to be printed. FIBE ORDINANCE AMEKDSIENT BILL, 1866. On the motion of the Provincial Solicitor this bill vi as read a second time, and the House theu resolved itself into committee upon it. On section 2 being read, authorising, by an order under the hand of some responsible person, the pulling down of buildings if necessuy to stop a fire, and declaring such buildings to be held for the recovery of insurance and other purposes to have been destroyed by fire, Mr Bright pointed out that in Hokitika they had no Justice of the Peace except the Resident Magistrate, who lived ar the distance of s>< me two miles from the town, and the Commissioner, who was fi equently absent from town on official duty. The Charirman of the Municipal Council, Mr Bonar, also, resided some two miles out of town, so that if the Resident Magistrate, the Commissioner, or the Chairman of the Municipal Council was prevented from attending when- a fire took place, there would be no per&on readily accessible to give the requisite authority to pull down a building, should it be deemed necessary in order to stop the progress of a fire. In the town of Hokitika the buildings were of such a character, and of such mateterials, and were so crowded, particularly in the principal street — Revell street — that should a fire break out it would be almost impossible to stop its progress without pulling down some of the adjacent buildings. The danger to which the town was exposed was actually increasing as the improvements in the town •were progressing. As three-storey buildings and other structures of corresponding character were constructed, the danger increased of each of these becoming a great focus of conflagration. (Hear, hear.) These facts pointed to the necessity of haying ready access to persons authorised to give the Brigade the necessary order. As the clause stood he thought that, whilst running about iv search of the Resident Magistrate, or the Chairman of the Municipal Council, half the town might be consumed. He would move an amendment, giving authority to any two members of the Municipal Council, or to the chief officer of police on duty in any town or locality.

Mr Whall thought the authority had De tter be given to the chief engineer, the c aptain, or the lieutenant of any Fire Brigade} The hon. J. Hall gave his cordial support to both the Bill itself and to the amendments in the second clause proposed by the hon. member for Hokitika. He spoke at length upon the importance of conferring upon the Fire Brigade the full powers asked for by this Bill, and very forcibly defended the policy of making Insurance Companies — in cases where property is insured, and occupiers of property, where it is not insured — liable for loss by destruction of property, if not by fire by the means resorted to to prevent the spread of fire. Mr Wynn Williams doubted whether the Council could pass an Ordinance effecting insurance contracts on the tenna proposed, and Mr Aynsley took the same view. Mr Hall replied to these objections very effectively. Mr Wynn Williams thought that provision should be made for conpensation to owners of property de troyed who were not insured. Mr Bright said there was no question whatever of compensation before the House. The object of the Bill was simply to protect the members of the brigade against legal penalties. Owners of property who neglected to ensure their premises, did so at their own risk, and were justly liable for any loss sustained, whether by actual fire or by measures taken to prevent the spread of fire. Mr J. S. Williams thought that if the Bill were carried no insurance company would for the future issue a policy without inserting a clause protecting themselves from liability on account of buildings destroyed by a fire brigade. The hon. Mr Hall thought, on the other hand, that no respectable office would seek such a shelter. The power asked for to prevent the spread of fire would operate more to the interest of the insurance companies than of any other persons. • After a long and most interesting debate, the clause was agreed tp in the following amended form : — "Whenever it shall be deemed necessary by the chief engineer or other officei 1 for the time being acting in the command of any fire brigade to remove, pull down, or destroy any teneirent, building or buildings, for the purpose of preventing the spreading of any fire ; and an order for such purpose shall be signed by the Chairman of any Municipal Council, or by any two members of the Municipal Council for the town or locality wbere such fire shall for the time be raging, or by the Resident Magistrate of such town, or by some other Justice of the Peace, or by the Chief Officer of Police on duty in such town or locality ; and the said Chief Engineer, or other officers acting as aforesaid — any tenement or building so removed, pulled down or destroyed, shall be deemed for the purpose of recovering any insurance that may have been effected therein, and for all other purposes whatsoever, to have been destroyed by fire ; and no person acting under the authority of such order shall be liable to any penalty or damages whatsoever for having assisted at the removal, pulling down, or destruction of any such tenement or building ; Provided always that any such order shall b« forthwith handed to any officer of police then on duty." Section 3 — " This Ordinance, and sections 10 and 11 of the said recited Ordinance shall be, and the same are hereby declared to apply to all Fire Brigades, whether the same shall have been accepted by the Superintendent of the said Province as an enrolled Eire Brigade, under section 1 of the said recited Ordinance or not." Mr Murray Aynsley moved that the word " whether 1 ' be struck out, and the word " when be inserted. Mr Bright said that the adoption of the amendment moved by the hon. member would destroy the whole purpose of the bill. He then proceeded to relate the circumstances under which the bill had been introduced, and stated that at a meeting of the Fire Brigade in Ilokitika, certain resolutions had been passed suggesting certain amendments in the Fire Ordinance. Copies of those resolutions had been forwarded to him, with a request that he would endeavor to bring the same under the notice of the Government. He had dene so, and the result was the preparation of a bill by the Provincial Solicitor, which was now under consideration in committee. He trusted therefore that the hon. member would withdraw the amendment, as it would, if adopted, defeat the whole object of the bill, which was designed to preserve the volunteer character of a body, which was well organised, had subscribed large funds, had built a handsome engine-house, imported cos>tly appliances from Victoria, and proved themselves most ready for active service on all occasions. As a volunteer body they found they were without necessary protection, and asked to obtain this by this bill. Mr Murray Aynsley intimated his wish to press his amendment to a division. The Provincial Solicitor pointed out that no doubt the amendment proposed would practically render the oidinance useless The Chairman then put the amendment, and declared it to be negatived. On the question being put, " That the section do pass as printed," Mr Murray Aynsley called for a division, but, finding himself alone on the Mile of the noes, he walked over to the other side, and the Chairnnn declined that there could be no division. The section was passed as printed, and the bill reported with the amendments made.