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LEGISLATIVE COUNCIL.
Ttimftdnu. \%th March.
Present— His tSxeellency and all the hon. member*
Captain Bagot presented the following petition :— '
Ibe homole Petitioa of Haatford Ward, of Oienrt«, '
nut Adelaide, in tbe Pruviuce of ttouth Auimi,.
Ltccatcd Victual Lr.
Shewctb,
That ineihaostible beds of ny.ters of a aoperior quality
eii»: on different parts of. the eoaat o- this Fiuvince.
That yovr meusorialiat, at eoiiMderahle troutile *nd tt
pense, has provided ? -veasel aad other apprsrat u» tor »ro-
cur;n^t oystcta *? artichs of cmaoierce in the Pro-inef .
Tbat your meaioriairtt, by the meant before mentioned,
has rirried on ? conriderabic frade in oysters for the latt
ten years, and has, ontil within tke last nionth, been the
only adventurer in that trade.
That your BKOumliiK. witD m view of entry inn on a fiade
in oysters, arid «Dpplying Adelaide therewith, has been in
habit of bringing ca k'o»s of oyifers from .C--.Ifin« B-y, ssd
other distant parrs of the Province, and of drpmitmr theta
till wanted for sale on - certain sandbank ?Hontert about
three quirtera ol « mile J»omh frem tlie Cirek, »t (?Uneln.
ana! half a mile from hi^h water mark. Mount Lofty bearing
Bast by Nortb, P^rc Malcolm Noith, and Field's fiver
South by Wear. ^
That such bank U below the low water mark.
That whilst your aeaonaliat w«» the onl» individiHtl en*
gaved in ibe -iy»t*r ti»hin-. he rKperienred no diaturUare
or dislculty in the use of »uch batik, or iir.anMin o t«ininf
btsojratfJS thrielrom ; but that, in cen»re,urnre of oihare
efaiairvi anal eierciftnt; the right ot deiioaitmv oy«*era err .
the place in question, a ronfuiion taken pUce. mni your
a»ea*ori«list it unahla toc«ny on bis trade. ?? *
That your ineanrialist cannot diMtincuiah or«rera pl«eeal
by himrelf Irom those placed by others ; a confusion of
wtopmy takes pla- e, urn) neither for the pur^^ ol civil or
criminal prceeedtngs can your meaoriaUnt identify his own
property
That year ntcaaori*liet baa adviaed with hit tt'-T.-.ey rn ,.
tbs aubject, mid is jutorme*. ih*t the law of the P«ovmce, - .
as at present eouatitmed, cju afford youi wriroiialist ajB) J
reliel. ? .
That the bji-f «» ibe fea heiat puHUe f'roperty. ofh#ti»
have aa«reaOHr|-t to deposit uyatera on the bank in oata ?
lion aa bianeeW'
And your momorialut, lastly, naith. ihit unleea soarar
protectioa is afforded by legislative provision to persons A»~
poaitins; oysters «a tiefore mrntioned. 'a profitable aouree of '
industry mun be ahut up and destroyed.
Your mena'raliat therefore p'»fa thit an Ordin«nc« ma?
be inrrodueed intu the- Lejrialaiife Coancil, securtoa: to
persons engaged in the oyster fishery a ri«ht to use vertaln
parts ot the bed of the aea, to be defined and marked oat
by competent authority, lor the depositing of oysters wllh
sil pcce«aary provsiona for protectiiiK such rights, «nd io-
Sicrinr penaitien upon partiea evading them. °
Aud your meaoriwlist will ever pray, &c, Ac.
(Signed) HANsroao Wabo.
The hon. and gallant member, in supporting tho
prayer of the petition, said the petitioner required oar.
tain rights and privileges, and it appeared to him (CapL
Bagot) that such might be granted to the petitioner, in
conformity with a clause in the Waits Lands Act A
sort of run for oysters might bo granted, u runs wero
granted fer sheep and cattle. The petitioner, might bo
protected from injury and undue interference from other
partiea bv the penalties of an Ordinance.
The petition was read and receiTod.
Hit Excellency laid on the table an Ordinance to re
gulate the office of Co oner.
In refereuce to Mr Chauncy's report, his Excellency,
said it was understood that it was to be referred to tho
former Committee.
His Excellency understood tha District Courts Ordi
nance) had not yet been received from the printers, and
in the meantime he invited Mr Hagen to proceed with
the motion of which that hon. member had given notice.
Mr Hagen rose to move that the Council dp take into
consideration a petition from Borrow and Goodiar. He
would oot attempt to enter upon the merits of tho claim
or to descant upon the value of the large amount of work
done. The petitioners had credited the Government of
the day, and a large number of colonists had expressed,
and still held a strong opinion an to the validity of tho
uasatisfied claim*. The petitioner* only asked for an
open ana) impartial trial aa S»tbe justice of their claim,
aati boo* bat s- tyrannical government would refuta to
listen to the prayer of aueh petitioners. They had in
effectually petitioned the Home Government in 1848,
and apon that occasion 1210 of their fellow-colonists out
of a population of about 17,000 had signed or rather
eadoraod their petition. An opinion bo generally ex
pressed was not likely to be a mere cursory one. Ha
would move a resolution to the effect tbat the Council
waa of opinion that the petitioners ought* to be con
ceded the same right enjoyed by one British subject in
preferring a claim upon another British subject, namely
a fair trial by jury. It was true the petitioners had
been impelled by circumstances to sign a receipt in full
of all demands, but he (Mr Hagen) thought it was dero
gatory to the dignity of the Colonial Government to take
advantage of such a concession. He concluded by sub
mitting his motion in a written form.
Mr Morpheit rose to second the motion of his hono
rable friend, which he thought was based upon a proper
sciiso of justice. In this instance the Government and
tho colonists has had quite enough of arbitration. An
open account had remained unsettled for years; he
thought' common justice required that the merits of tho
unsatisfied claim should be inquired into, and he knew
of no better medium than a trial by jury. It might bo
said that the house in which his Excellency lived was
not paid for, and the flagstaff was liable to a similar
reproach. He (Mr Morphett) was of opinion that
Borrow and Goodiar's claim ought to be tested and he
believed so many of tho colonists were of the same
opinion, that if a special tax had to be imposed for it*
liquidation few would be found to complain of it.
The Colonial Secretary briefly opposed the motion.
Captin Bagot warmly supported the motion, and
thought the resistance of the claim, coupled as it had
been with a refusal to submit it to a jury, wasdigrace
fnl to the colony.
Tho Colonial Secretary would like to know the
amount of the claim. ?
Captain Bagot said it waa not a specific claim for
payment, but a request that the accounts might be
fairly investigated.
The Council divided, and the votes, including his
Excellency's, being equal, the motion was lost
Mr Hagcu enquired as to the progress of the public,
business.
His Excellency said much delay had occurred for
want of printing facilities, but more type had been.
enleffodfrom England and ftrighibo dadyeMrpe«te»V--
The expected Ordinance' not having arrived from tfc»
printers, the Council adjourned. for an hour. ' '
At length ths printed Ordinance arrived and was
committed.
The discussions and amendments, in which his Ex
cellency personally assisted, having been finished, the
Ordinance was read a third time and passed.
SUMMARY JURISDICTION ORDMAXCE.
Read a third time and passed.
Captain Bagot said, although the motion of his
honorable friend in favour of Borrow and Goodiar'a
claim had not been successful, he hoped his Excellency
would be willing to nominate a Committee of Enquiry.
The Advocate General gave notice of his intention, at
the next meeting of ths Council, to move the first reading
of the Ordinance to regulate the Office of Coroner.
Council adjourned to Tuesday, the 19tb, at 11 o'clock.
City and Suburban residents who are aeenjtomed to
onjoy the auiet and partially shaded walk through tho
Park Paddock, hare been greatly annoyed of late by tho
horrid atoncb issuing from the ** unsightly corses of two
skinned horses,' lately belonging to tho Mounted Polioa
Foree. One carcass was not buried at all, aad tbs
other only partially entombed in an old saw-pit, so that
the canine dissectors, on scenting them out, spread the
offensive remains far and wide. These are sanatory
precautions with a vnngeance.
Surgical Operation-- We are informed that a. sub*
eessful case of Lithotomy has raesn'tty occurred In fte
practice of Dr Dean, at Angaeton. The longta off the
external incision was aboat four inches; thepatlant
being fle-hy, the perineum deep* wd tn0 stone '?*»??
After making the incision, and opening the membra
nous portion of tho urethra, the atone was extracted by
dilating the neck of the bladder, as proposed by Dr
Willis and others, A full account of 0w cast Uaj. Wa
teat tp th» I+Hcjtt fur publication. '
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