Tuesday, 19th February.
All the hon. members were in attendance shortly after eleven o'clock, but his Excellency's non-appearance put their patience to a severe test. Mr. Hagen called on the Clerk to read the standing orders referring to non-attendance,
and afterwards moved that the senior member present do take the chair. Major O'Halloran seconded; but like most other motions supported by the gallant member, it came to nothing. At a quarter-past twelve o'clock His Excellency took his seat, all the members being present. The Clerk read The minutes of last meeting, which were confirmed. PETITIONS. Mr. Morphett presented a petition from certain settlers in a flourishing district, known as the Cherry Gardens, praying for the establishment of postal communication between that locality and the city of Adelaide. He (Mr. Morphett) begged to call his Excellency's attention to means by which the deserving settlers of that thriving portion of the colony could he supplied with the advantage they solicited, without having to apply to that Council for a special grant. Not only the petitioners could have the boon they asked for, but postal communication would be opened up with the important district of Clarendon. The sum voted for conveyance of mails and extending postal communication for 1850, was £2550. Of that the contracts taken absorbed at the annual rate of £1,700, leaving a disposable residue of £850, from which the expense of the benefit prayed for by the people of the Cherry Gardens could be defrayed. On the motion of the hon. member the petition was read and received, and referred to the Postmaster-General for his report. The following is a copy :— 'To His Excellency Sir Henry Fox Young, Knight, Governor and Commander-in-Chief of Her Majesty'8 province of South Australia, and the Members of Legislative Council, in Council assembled. ' The petition of the undersigned inhabitants of the districts of Cherry Gardens ' Humbly sheweth— ' That nt present they experience considerable difficulty and inconvenience in obtaining or forwarding their letters, the nearest Post-office being situate eight miles distant. ' And, hearing of an application about to be made by the inhabitants of various places in the line from Adelaide to and beyond this district, for postal communication, humbly solicit a mail station might be fixed here. 11 Should your Excellency be pleased to grant the re quest of the above petition, a respectable individual is willing to take charge of the mails. "And your petitioners will ever pray. " John Whyte || Luke Broadbent John Chambers || Thomas Whyte James Windebank George Whild Alfred Barker Joseph Lewis Thomas Boothey James Broadbent Joseph Middleton Edward Hosken James Middle ton Isaac Jacobs Joseph Boothey Henry Wiudibank Henry Field Caleb B. Dawes Joseph Norton Jacob Lock John Broadbent Elijah Broadbent.' . BOTANIC GARDEN. Mr Hagen presented a petition, not very numerously signed, but having some really respectable signatures, praying for the establishment of a Botanic Garden. The petition, which was elegantly expressed, and beautifully engrossed, was, we believe, from the pen of G. Francis, Esq.. F.L.S. Ordered to lie on the table. The following is a copy : — "Memorial to his Excellency Sir Henry Edward Fox Young, Knight, Lieutenant-Governor of her Majesty's Province ot South Australia, and to the Honourable the Legislative Council in council assembled. ' Respectfully sheweth— 11 Tlmt soon after the foundation of the colony, a Bo tanical Garden was established, on the Torrens. The general distress that afterwards arose, and the total absence of public and private funds, even fur objects of the first necessity, and other causes, deprived it of any adequate pe cuniary support, therefore the continuation of it as a public garden w«s abandoned. ' That, as now the prosperity of the colony is established, as the land, the great and permanent source ot wealth in all countries is becoming more and more cultivated, as the population is increasing hy thousands ot persons yearly, as a taste for agriculture is rapidly progressing among the people, and as the public funds are now nvjre abundant; this appears a proper period to consider of the restoration of such Butanical Garden in a style ot ornament and utility, ' That thfi general value of such an establishment is to collect, cultivate, and distribute all objects of the vegetable kingdom, whether for food, luxury, ornament, domestic economy, medicine, or the arls. Id a new colony, a botani cal garden is especially valuable, ns it introduces from other countries what may be cultivated there, and at the same time shews, collected together, whatever plants the colony naturally produces, and how far theae nny be im -roved by culture. It, moreover, enables the newly-atrived planters to authenticate his fruit, flowers, &c, o herwise obtained, and to procure from the garden, such scions, cut tings, seeds, &c, as he may desite, and such as uo private establishment can supply with certainty.
' Phut to the inhabitants ot this youngest British colony, ,n ornamental garden is the n.ore necessary, »s at present tot one half of the useful ornamental plants h;:ve been ntroduced into general culture, although they flourish in orresponding latitudes; moreovar, the residents in Aria aide have no place of public promenade.no shady wilks ir streets, no park, properiy so called ; even in rhe Park Lands the trees are rapidly dis.ppearin* ; and as the public quares of the city must at an e.rly period be plunted, these ire obj cts in Just connection with a public garden and are til of urgent necessity. '? We, your memorialists, therefore humbly pray your Excellency and Honourable Council for a grant of public noney for the formation of a public Botanic&l Garden, 'eeling assured, that besides the public benefit above enume -ated, §uch would stimulate a love and taste for horticulture, uid thus add materially to the beauty and permanent pros atrity of the colony; 'And your memorialists will ever pray. 11 Augustus Adelaide , Ch tries Mann Charles Cuoper Edward Plepbens I. H. Fisher William Wyatt rhomas Gilbert William Allen Samuel Davenport H. F. Newland W. H. Freeling J. B- Neales George Morphett George Elder, junr. William Giles. M»n. S.A.C. F. H. Dutcon BetijMnm A Keut, M.D. F. B.yer, M.D. C. Davies, M.D. F. J. Beck M. McDermott ' G. S. Kingston Norman Campbell General F. S Button, J. P. Superintendent of A us- George Stevenson traltnn Mining Compy. Geo. Francis, F.L.S., B. S., William Blyth &c.' Cost of Eatabltihing the Botanic Garden al Adelaide, shetoing what can be done by the expenditure of £1,000. Close fence around, gates, &c ? £100 House for curator, &c ? 100 Conservatories ? 200 Shed, tool-house, frame*, toole, seed?, &c. 100 Curator's salary and labour for ii year* ? 500 £1000 £500. Fencin? gate*, &c ? £75 House, &c ? ? 75 Sheds, seeds, &c, &c ? 60 Curator's salary and labour ? 300 £500 . N.B. The latter estimate of £500 would hi expended in one year, that of £1,000 would take two years. In either case the garden would require about £103 per year to sup. port in efficiency. . ADELAIDE CITY AND PORT RAILWAY BILL. The Clerk read a memorial from the Directors of the Railway way Company, praying that the Bill be re-committed, and alterations, which they suggested, considered. The following is a copy :— To His Excellency Sir Henry Edward Fox Young, Knight, Lieutenant-Governor of the Province of South Australia, and the Legislative Council of the said Province. "The humble petition of undersigned Directors of the Adelaide City and Port Railway Company " Sheweth— " That your petitioners have perused the Report of the Select Committee upon the Adelaide City and Port Railway Bill, and have taken into consideration the Bill, with the alterations and additions of the Select Committee, together with tabular statements of estimated traffic and expenditure submitted to the Committee. " Your petitioners annex a copy of the Bill with marginal notes containing their views, and pray that the Bill be recommitted for examination, into their objections to the alterations and additions to the Bill, and also that your petitioners may be afforded the opportunity of pointing out
the errors upon which the tabular statements are grounded. "And your petitioners will ever pray, &c. " William Giles J. B. Neales Joseph B. Montefiore W. H. PARKER." Committee Bill returned with the following remarks, by the Attorney and Local Managers, with the above Petition, for recommitment. || Remarks by Attorney and Provisions of Bill. || Managers. Section XX. Moneys in || The Company being incorpo- South Australia to be banked || rated, any two directors can at the sight of Local Mana- || draw cheques at a meeting, gers, and Attorney's cheques || to be countersigned by the to be countersigned. Deed || Secretary. sec. 62, 65. XXI. All documents re- || Fixed times, and certain quired by colonial share- || books, holders to be open to in- spection. Deed. sec. 74, 76. XXIV. Proviso. Footway || Cross on the level, or by under the rails, between || footbridge over. Hindmarsh and Bowden. XXVI. Branches to the || (Struck out.) Subject to ar- wharfs. || rangement. The parties have || power to make the Railway || junctions, &c. XXIX. Troops on duty, || Mails at half present con- public stores, and mails, to || tract. Police and soldiers be carried by ordinary trains, || free. Stores to be paid for. free of charge. || XXXI. Railway to be || Unnecessary, maintained in good and effi- || cient repair. XXXII. Gauge of Rail- || (Struck out.) Already enac- way. || ted. XXXIII. Construction of || (Struck out.) Railway and modes of tra- relling. XXXV. Propottion of (Struck out.) flail way to be ready in 18 nonths. Grants and privi eges to revert if not com pleted in three years. XXXVI. Tolls- First-class carriage 2d. || 3d., 2d., and 1½d. Second-class ,, 1½d. Third-class „ 1d. Shorter distance than three 4 miles, miles to be charged as three miles. XXXVII. Proviso. Per- 75 per cent, sons employing their own carriages and engines on railway, to pay 70 per cent, of tolls payable on goods and passengers conveyed. XXXIX. Tolls for sepa- rate parcels— 28lbs weight 6d. || 14lbs., 28lbs., and 56lbs. 50 . . . . . . . . . . 9d. 112 . . . . . . . . . 1s. Carriage of any single article Four tons. about 5 tons, such sum as they shall think fit. XLI. Goods not removed || Twelve hours, in six hours after arrival at terminus or station, to pay demurrage at the rate of 2s. 6d. per ton. XLIII. Powers of revi- || Propose to adhere to original sion of tolls. || clauses as in Sydney. XLIV. Option of purchase The Company was formed on by Government. the faith that 25 years' pur 25 years' purchase at the chase on 15 per cent, would rate of £10 for £iU0ofpaid he the purchase-money, but up capital stock. if the Government would pay Instead of immediate pay- c.sh instead of giving secu ment, purchase-mnney may rity, this clause would not be be secured on general re- so objectionable, venues, with interest at the No provision for the security rate of 8 per cent. of the bonds. XLV. Annual accounts to Already provided for by the be furnished. Railway Clauses Consolida tion Act. XLVII. Supplementary || Impossible to get the whole: deed to be executed by all || say two-thirds in value and shareholders not resident in || number, the Province. L. Exemption from looal || The words "mails," and rates, for carrying mails, pol- || "public stores," struck out. lice and military, and public stores, free of charge. As the roads and Park Lands arc given to the City Commissioners, would the whole of the lands required for the Railway and W0rks be granted by the Crown ! The Company should also be empowered to take ballast from the Torrens without paying toll. Adverting to the recommendation contained in the Com mittee's Report that 33 feet of lands would be sufficient even contemplating a double line, the Directors have come to the conclusion that, inasmuch as it is possible a double line of Railway will ultimately be required, 60 feet in width of land will be absolutely necessary to the Company along the length of the Port Road, and ltiO feet in the swamp. The Registrar-General moved that the Bill be recom mitted, and the petitioners' suggestions taken into consideration Carried nan con. The Advocate-General said—With respect to the first suggestion, when the deed of settlement was under con sideration, he felt that the interests of the colonial public were in the hands of the Committee, and that they were bound, without reference to the attorney of the Company for the time being, to decide that it. would not be prudent to allow such officer power to draw to any amount he might think fit, and they therefote enacted that ail cheques, &c. should be countersigned by one of the local managers. The clause w»s ordered to stand a9 read. The 21st clause, enacting that all documents required by colonial shareholders should be open for inspection, was ordered to stand as read. The 24th clause was slightly modified, not to meet the suggestion of the Directors, but more clearly to express the opinion of Council, as to the posiiion of tha croesiug of the railway between Hindmarsh and Bowden. The proviso requiring the crossing to be under the railway was ordeied to stand. The 26th clause was ordered to Rtand as read. By it ' any proprietor or occupier, laying down sufficient and proper rails over his wharf communicating with the Com pany's liue, shall be entitled to have the Company's car riages run upon such rails for the purpose of loading and unloading on the wharfs, free of charge, except the u3ua charge according to distance.' The 29th clause, which provides for the conveyance of troops, stores, and mails free of charge, was objected to by (he Directois of the Company. They proposed that the mails should be conveyed at half the rate of the present contract ; Military and Police free, the stores to be paid for. * The Advocate.Gcneral said the 30th clause made the im position complained ot the consideration for exempting the Company from sewers, highway, municipal, police, im provraaent, and all other local rates and fares now or here after to be imposed. When the value of the tract of land to be ceded to the Company was considered, with rhe other exclusive advantages they would enjoy, the concession re quired for the public service was not unreasonable, and all the leports in the parliamentary blue books proved that similar stipulations were invariably enforced. After some further conversation, the word ?» warlike ' was inserted before stores, and the clause ordered to stand with that emendation* The 31st clause, which provides that the Railway be maintained in good and efficient repair, was objected to at unnecessary by the Directors. Captain Bagot remarked it could do no harm, and Council determined on retaining it. The 32nd clause, requiring the gauge to be 4 feet 8½ inches, was ordered to stand as printed, it being in accordance with standing orders. The 33rd clause was also retained ; it provides that the rails shall be 56 lbs. to the yard to ensure adequate stability, and as the continuation to the North Arm mihht be considered a branch, Council would sanction no lighter rails for the branches. The 35th clause, requiring five consecutive miles of railroad to be completed within eighteen months, to the satisfaction of the Governor, or an Inspector appointed by him, and the whole undertaking completed within three years, on pain of the grants and privileges reverting to her Majesty, was opposed by the Directors. The Advocate- General said that those were the most important stipulations insisted on by the Committee. By the evidence taken, three years was a far longer period tran the works would require, and it was in the power of the Company to complete five miles within eighteen months. It they had a bona fide intention to carry out the undertaking. It would never do to confer such powers and advantages on a Company, and leave them to supply the advantages which tha public had a fight to expect in return at an indefinite period. The Registrar-General said the guarantee of depositing 10 per cent of the Company's capital required by the standing
orders, was fUspt-nsed with in con««rtjuea-«i «' the Gura mttee cun-ii]«rin^ the stipuUrio.-i.-' under 4.unslder-uii-n a sufficient protection ot the pubife inrerests. The clause was ordered to stand as sead. The 36 h cJumc regulating tolis.&c, was obji'cre.l to ?-y the Direciorj, who submitted another scale of chargff. Mr Hagen struck an aveiage, and said the proposed scale would incrps'P the chitrge for passengers one. third more iliau the present iete. The public might rerso^ably expect « re.! net i on in (he expense ot transit and not an intuease. To Ft-uid us printed. The 37th cittn-se to stand as printed; 39th, ditto. 41st cl*use required goods to be removed within six hours after their arrival bt the terminus. At thf suggestion of the Directois, the time was extended to twelve hour.*, utter which time the goods would be liable in demurrage Ht the rate of '2s. Gd. per ton, and further default, to incur stonce expense?. To st*nd us amended. The 43rd clause, which gives the Governor poii'pr to revise the rol's, and the Company the option of throwing up the undertaking if dissatisfied with that revision, the Government 't iking it at twenty live years' puicbase at the rate of £10 for every £100 paid up capital stotk.' wes objected to by the Directors, who relerred to the liberal terms ot th« Sydney Act. The Advocate-General admitted the greater liberality of the Sydney Act. but assorted that such clauses were in troduced to vntiiinain the principle of the right of the Go vernment to purchase, rather than with any intention to curry out that riijht. It seemed preposterous to dwell on such n point, us nothing could bo done in it for twenty-one years; and then, as the achievements of Mr Hudson had shown, there was no means of coining at the actual position of a railway company's affairs ; they could be cooked, as the phrase was, to anything ; ami, after all, the Act secured the Company twenty per cent, on their original capital. The clause was ord.-ivd to stand as printed. On The 44th clause the Directors remarked that the Com pany was formed on the f iith of 25 years' purchase at 15 per cut. If the payment was to he cash, and not se curity, the attention would not be objected to. Mr lligen said thut on which the Company's faith was pinned required the pre-investment of tea per cent, of the capital, which had been dispensed with The Rc-fii trar-General referred to the Consolidated Rail way Ace to show that its provisions were only intended to be binding when incorporated with future local Acts. The Ad cocute- General said the Company bad adopted that Act, so far as it was consistent with its own interess, and rejected the remainder, hs w«s evident from the 4th section of the Act under consideration. To stund us printed. The45th clause to stand as printed; also the 47th clause, which, to secure conformity with that Ordinance, requires the execution of a supplementary deed. There was a long note appended to the Act, by the Di- rectors, asking u grunt of the lund from the Ciown, as the City Comir.istiionets h-id the Park Lands, find assertingtb.it less than Cl- feet width along the line would he insufficient, and in the svrriinp u width of 160 feet would he necessary. Several honourable members expressed their belief that the width re:ommpnded by the Surveyor-General was suf ficient. Ciplain Bigot thought the width mentioned might be necessiry in the swamp. The Advocate General siid thut was a question properly for the executive. The Clerk of the Council (C«pthin O'HallorBii) here intimated that he hud received a communicuioH from the Directors refju *t ng to be examined, and that the Bill be held over a'»d not ivisstd that day. Tho Advocate -General was compelled to remark that the Committee had met the Directors in eiery possible way; indeed, compliance with their reasonable and unreasonable requisitions had delayed the measure beyond all precedent. The Directors did not agree among themselves, and the contradictions and confusion arising therefrom was the real cause of the delay so much complained of. Every facility was afforded to them to establish the case they set up, and every person they wished for was called and examined. The Bill was sent, in the most courteous manner, to the learned gentleman who represented the Company, that he might conoct i: ; that the tainted gentleman had refused to do. lie (the Advocate- General) would not dwell 011 the civility of that refusal in a person who had petitioned the Council to take the matter into consideration, and jet re fused to revise his own Bill, and actually suid if the hon. members did not amend it should not be done at all. Well, then, tha'. was done ; months of consideration were devoted to the question; every authority referred to, consulted: they had a newspaper editor petitioning to be heard (a laugh), when they were tired of hearing directors, attorneys, and shareholders; and, at last, when they came to a de cision, which only failed of giving satisfaction out of doors because it was misrepresented, they had the Directors, who up to that period were at variance among themselves and were separately examined, suddenly coalescing, and re questing; to be heard again. It was really too bad : the question had been fully considered, and as it would have to he disposed of sooner or later, lie (the Advocate-General) would urge ou the Council the propriety of doing so at once. The learned gentleman (Mr Parker) was asked if he would abandon the Bill. But, 110 ; he would not do that. Well, if the Directors were not satisfied, let them say so, and the Bill nec-d not be passed. If they did not renounce it, he would move that the Committee do adjouru, and that the report bu brought up. Captain Bagot, in seconding the motion, would go further, and say the Bill should not be passed until the directors gave a distinct undertaking, in writing, that they would accept the Bill, and ant upon it forthwith. Nay, more, he would only give them until the next meeting of Council to consider tho matter. The report was brought up, and the Bill laid on the table on the understanding that it i« to be passed at the next meeting of Council. His Excellency rernaiked, with regard to the decision of the Directors or their giving any promise, he was very unwilling that the proceedings of that Council should be contingent on that or any such matter occurring out of doors. If the Bill was passed and any opposition was mooted by ihs Directors, either to the Local or the florae Government, he (his Excellency) had no doubt that, on a proper representation of the case being forwarded to the Secretary of State, that minister would sanction and sup port the Colonial Government in carrying out the work ; and, further, he was convinced that rails and all needful materials would be supplied to them if the nere*eary pay ments were guaranteed, and of that, in the prosperous state of the colony's finances, he imagined there could be no difficulty. The latter part of his Excellency's remarks were applauded by every Member of Council, and ?? the hum of either army' in the gallery rendered it exceedingly difficult to catch his Excellency's words. SUMJlAKY PROCEEDINGS BILL. The Advocate-General said that Bill could cot be pro ceeded with until the Council decided on certain clauses of the PtSiitlCT COURTS BILL. The Advocate-General said he had been in communica tion with numerous magistrates, and was convinced theie would be no difficulty in obtaining their attendance, conse quently he had determined on removing the clause em powering persons qualified as special jurors to sit and ad judicate iu such courts. That would obviate the anomaly presented by the expunged provision of persona who were riot magistrates hearing appeals against the decisions of per sons who were magistrates. On the honourable member's motion, The Bill was tead a second time, and committed. After a few clauses were read, the Committee adjourned, and Council resumed. MOTIONS. The Colonial Secretary moved that the premium of £50, voted by theCouncil| for* the best essay on road-making, be printed for general information. Carried nem. con Mr Morphett said he rose to perform a duty pleasing to himself, as he had the honour of being acquainted with the gentleman whose petition he was about to move the Council to take into consideration. He felt satisfied, also, that the motion would receive the support of every honourable member. Mr Jacobs contracted with the Local Government of this colony to perform certain work in the year 1841. In the September of that year, the proper officer of Government reported the work as completed, and in the following December, Mr Jacobs received as payment a bill on the Lord of the Treasury for £1,500, from the then Governor, Captain (now Sir George) Grey. That bill Mr Jarobs negociated with the Bank of South Australia, on the usual terms, which were, that if the bill was returned dishonored the amount should be refunded with 20 per cent interest. The bill was dishonored, and Mr Jacobs had, at his great loss, to comply with the business terms of tbe bank. In 1845, Governor Grey paid the bill with only 5 per cent, interest. Mr Jacobs petitioned lor payment of the remainder of his claim— but he (Mr Morphett) would not ask tbe Council to go into tbe detail of the matter. He had no doubt his Excellency would inform himself accurately of the exact amount that could be fairly claimed, and he (Mr Morphett) only asked the Council to an act of justice in recommending the payment of that fair claim. Mr Jacobs incurred that loss through no fault of his own, but simply through the Lords of the Treasury refusing to accept the bill drawn by Governor Grey. He (Mr Morphett ) rejoiced
ut that fact. Had that comparatively small amount been sanctioned, the principle would have been admitted, and the colony would not, perhaps, be in its present proud position- — elile to meet all its current expenses, and able to pay all aJJ old incurtil/renccs and honest claims. He moved - "That his Excellency the Gobernor be requested to put upon the next estimates snch a sum as shall enable him to satisfy the claim of Mr Wm. Jacons, for expenss on a returned draft of Governor Grey upon the Lords of the Treasury, which claim this Council considers just and reasonable." M»i jor O'Halloron seconded the motion. Mr Hagen supported it moit cordially. The Advocate. Geneis.1 said that wa» no! sn isolated ch*p, and it would fee necessary to consider it in connection with other interests and other claimss. Hon. members set there with delegated powers, and is behoved them to consider well to what extent they could go. That claimant was situated like many others, who were equally hardly used at a dis- astrous period of the colony's history. The learned Advocate here read a minute, dated 1st November, 1841, read by Governor Grey to his Council, wherein it appeared that be had no authority for drawing the bills afterwards refused by the Lords of the Treasury, and on the 3rd De- cember, 1842, he read in the same place the official condem- nation of his proceeding in that matter. The Secretary of State sanctioned an arrangement which was carried out, and several despatches went to show that no other concession could be expected. Would the Council expect his Excellency to initiate a measure a direct opposition to repeated instruc- tions from the Secretary of State. If not, he hoped the motion would not be passed, but that his Excellency would be left to use his influence with the Secretary of State to allow justice to be done, not only in that instance, but in every similar case. The Colonial Secretary expressed his concunenre in the proposition of the hon. snerubtr, ur bt-st calculated to bun* about honen and fair statements arid proper adjustments. Not long ago there was a despatch from the Secretaryy of State, animrtdverting in strong terms on cuins introduced to the estimates, and on eahries which had been augmented without authority, and relusing to admit claims which it wum his Excellency's province to sit forth, and whivh he had a lost inclination (o recommend. Tne aiduous exertions of Mr Jacob, and his scrupulous performance of the duties en trusted to him, were emitUri to great praine. and the colony miijht now be pioud to be in a position to discharge siuh claime. He hoped the Secretary of State would not with, hold his sanction, but he nevertheless hoped the hon. mover would put his motion into a different shape. Mr Morphett could not ague to the proposition. He denied that the Secretary of State had the power to prevent that Council from acting honestly. His Lordship surely did not pretend to have such a power, but the Council ought not to permit him to exercise it if he did. Mr Jacob did not ask for compensation, but merely to be repaid what he had paid out of his own pocket; and as tbe colony was now in a position of which they were justly proud, it might be left to his Excellency to take such means as might seem to him just and reasonable. There was not one man in Adelaide or in South Australia who had the power 0r the inclination to give a negative, it must have given the hon. Colonial Secretary pain to say what he did. The claim presented was an honest one, and ought not to be deferred. He (the hon. member) must prees the motion. Captaiu Bagot had hoped that from his connection with Mr Jacobs he might have been spared the necessity of any remarks. However gratifying it might be to hear a near connection spoken well of, it did not so well become him to ask for a favourable reception of Mr Jacobs'a claim, even from the honourable Members of Council who had gratified him by a notice so favourable. The honourable Colonial Secretary knew that Lord Stanley, before he quitted office, had virtually recognised Mr Jacobs's claim, and it had also been favourably noticed by his lordship's successor in office, Mr Gladstone. The circumstances of the case were these — Mr Jacobs having had a bill in his favour on the British Treasury dishonoured, had applied to that Treasury to be indemnified for the expenses resulting from the dishonour of the bid, instead of applying to be reimbursed from the land revenue. Mr Jacobs took bad advice when he applied to the British Treasury. If he had applied here, where the debt was incurred, as he had been advised by him (Captain Bagot) he might have been paid long ago, if he had formed a right estimate of those who had had the control of the revenues of the colony and of the land revenue. It was true, as the honourable Advocate knew very well, that Sir George Grey, the then Governor of this colony, in order to silence the clamour of a starving multitude, took upon himself to draw bills which he knew would not be paid, but such persons took the bills with their eyes open. Mr Jacobs's bill was not received under any such impression. If Mr Jacobs chose to carry his claim into a court of law he would obtain satisfaction instantly, but be preferred the course now being taken, and he (Captain Bigot) hoped there would be no further hesitation in putting the amount upon the estimates. He hoped that all other past claims arising out of their bill transactions would be fairly met. The colony could not prosper without a system of strict honesty in all her dealings. The proposition "That the petition of Mr Jacobs of Morooroo, presented to the Council on the 12th December last, be taken into consideration," was then earned by a maof 5 to 2, . NOTICES OF MOTION. Mr Hagen gave notice thut he should move at the next meeting of Council, that his Excellency be requested to make provision in the forthcoming estimates for the establishment of a Botanical Garden in Adelaide, by granting £250 towards fencing, trenching, and building, and such further sum bs shall equal the amount of private subscriptions. Mr Hagen also gave notice that, on Tuesday next, he should move the consideration of a petition from Borrow and Goodiar, presented to Council on the 12th December. The Council then adjourned till Wednesday (this day) at 11 o'clock.