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fLeßuälattbe (Council.
(Abridged from the Sydney Morning Herald.)
TUESDAY, SEPTEMBER 7, 1847.
The SPEAKER took the chair at half-past
three.
RENEWAL OF TRANSPORTATION.
Mr. ROBINSON moved that the motion on
the paper for a call of the house be discharged.
Carried.
Mr. COWPER confirmed the intention he
had expressed of postponing his motion respecting
the renewal of transportation till
Tuesday next.
POLICE.
Mr. BOWMAN moved that the petition from
Liverpool, presented by him on the 2nd inst,
be referred to the Police Committee now
sitting. Carried.
ATTORNEYS' COSTS.
Mr. BREWSTER gave notice that he should
move on Friday, that the Council do go into
committee to resume the consideration of the
Taxation of Attorneys' Costs Regulation Bill.
PRESBYTERIAN FREE CHURCH MARRIAGES.
Mr. FOSTER brought up the report of the
select committee appointed to inquire into
and report upon the validity of marriages by
ministers of the Free Church of Scotland.
Ordered to be printed.
NATURALIZATION BILL.
Mr. BREWSTER moved the third reading of
the Naturalization Bill.
Bill read a third time and passed, and
ordered to be presented to his Excellency the
Governor by the Speaker, the Colonial Secretary,
and the Auditor General.
GUARDIANS OF INFANTS BILL.
Mr. DARVALL moved that the Guardians
and Committees of Infants and Lunatics
Bill be considered in committee.
The house went into committee on the
bill. The bill underwent some amendments,
on which no discussion took place; after
which the CHAIRMAN reported the bill as
amended, and it was ordered to be engrossed
and read a third time on Tuesday next.
LEASES FACILITATION BILL.
The house went into committee on the
Leases Facilitation Bill.
A verbal amendment was made in the title
of the bill ; after which the house resumed,
and the bill was ordered to be engrossed, and
read a third time on Tuesday next.
The house adjourned at a quarter past four.
WEDNESDAY, SEPTEMBER 8.
The SPEAKER took the chair at half-past
three.
ROADS AND BRIDGES.
Mr. WENTWORTH gave notice that he
would move, on Friday, for leave to bring in
a bill for putting and keeping in repair certain
public roads or highways in the colony
of New South Wales, and for constructing
the necessary bridges and other means of
communication required for the same.
COMPENSATION.
Mr. FOSTER begged to ask the Colonial
Secretary whether any reply had been received
from the home government, to the
address of the Council relative to compensation
to the parties holding offices which
had been abolished by the Council.
The COLONIAL SECRETARY, in reply to the
question put to him by the hon, member,
begged to state that a despatch from the
home government had been received on the
subject; but as further information was required,
he did not feel in a position to give
any further explanation.
CUSTOMS OFFICERS.
The COLONIAL SECRETARY moved that the
Customs Officers Indemnity Bill be read a
second time. Having sufficiently explained
the object of the bill on a former occasion,
he should not now trouble the house with
any observations.
The COLONIAL TREASURER seconded the
motion.
Mr. LOWE opposed the motion. The house
could not touch the salary of a single clerk
they could make no interference in the management
of this department, and yet the
government sought to get them to pass this
bill to make, indeed, the Council a mere
indemnifying machine. There was nothing
shown why they should pass this bill. The
expense of the Customs department during
the years it had been withdrawn from the
Council had increased from £8,6U0 to £14,000,
without the Council having the power to
restrain it, and it would be most undignified
now to give a bill of indemnity to the officers
of Customs for doing that which the Council
had no power to have prevented them doing.
He should vote against the measure; he felt
it was not a case in which the Council was
called on to interfere, for if this indemnity
were fair and right, the Customs at home
had ample power to do justice to its own
officers.
The COLLECTOR OF CUSTOMS supported
the motion, and said the hon, and learned
member for Auckland was mistaken respect-
ing the increased expense of the customs
department since it had been withdrawn from
the control of the Council. The expense of
the department in Sydney in the year 1847
was £1500 less than it was in the year 1846,
and notwithstanding the additional establishments
that had been recently appointed,
the entire expense of the department was
£1000 less in 1847 than it was in 1841. In
round numbers in 1841 the department cost
£15,000, in 1842 £14,000, in 1843 £13,000,
in 1844 £11,000, and in 1847 the expense
would be £14,000. True it was that the new
customs establishments cost money. The
one at Newcastle, for instance, which had in
fact been asked for by the inhabitants of the
Hunter River districts. But, although the
revenue collected by these establishments was
very small, while the expense was great-a
great saving was effected by the prevention
of illicit trade.
Mr. DARVALL also supported the motion and
the COLONIAL SECRETARY having replied,
the bill was read a second time, and
passed through committee, and was ordered
to be read a third time on Wednesday next.
MESSAGES FROM THE GOVERNOR.
The Sergeant-at-Arms announced a message
from his Excellency the Governor, and
the Aide-de-Camp- was introduced and delivered
two messages to the Speaker.
The first accompanied a draft of a bill to
provide for the substitution of other punish-
ments in lieu of transportation beyond the
seas. Ordered to be printed, and taken into
consideration on Wednesday next.
The second related to the estimate for the
administration of justice, and stated that the
Right Honorable the Secretary of State for
the Colonies having in a despatch, received
by the last packet, intimated to the Governor
his Lordship's opinion that it was inexpedient
and unnecessary to apply to the Legislative
Council for a supplementary vote in aid of
the amount appropriated for the administration
of justice under Schedule. A of the Constitutional
Act of the colony, so long as a
sufficient sum could be obtained for that purpose
from the surplus of Schedule B of the
same Act, his Excellency had deemed it
proper to withdraw from the Estimate of
1847 the sum placed thereon to meet the
Supplement for the administration, of justice.
LUNATICS BILL. J
The COLONIAL SECRETARY moved that the
Governor's message with the Act for Better
Regulation of Lunatics be read. The message
was read.
The COLONIAL SECRETARY moved that the
bill be read a first time. The hill was one
arising out of the Report, of the Select Committee
appointed by the house to enquire
into and report upon the state of the Lunatic
Asylum at Tarban Creek. The recommendation
of that report had been followed in
this bill, which had been prepared by the
law officers of the crown, and was framed in
reference to bills for similar purposes in
Ireland.
The COLONIAL TREASURER seconded the
motion.
Mr. COWPER observed that it was true
that the provisions of the bill were in some
measure in accordance with the recommendations
of the Report of the Committee ; but
the bill did not appear to him designed to
carry out what the committee intended.
After a few words from the COLONIAL
SECRETARY, in explanation to Mr. Cowper,
the bill was read a first time, and ordered to
be committed on Thursday.
ESTIMATES.
TRIP further consideration in committee of
the Estimates of Expenditure for 1843 was
postponed till Thursday.
MERCHANT SEAMEN.
The Merchant Seamen's Protection Bill
was read a third time and passed, and ordered
to be presented to his Excellency, for the
royal assent, by the Speaker, the Colonial
Treasurer, and the Auditor General.
INTESTATE ESTATES.
The Estates of Deceased Persons Better
Management Bill was read a third time and
passed, and ordered to be presented to his
Excellency, for the royal assent, by the
Speaker, the Colonial Treasurer, and the
Auditor General.
The Council adjourned till Thursday.
THURSDAY, SEPTEMBER 9.
(From our Correspondent.)
The SPEAKER took the chair at the usual
hour.
CROWN LANDS.
The COLONIAL SECRETARY laid upon the
table certain returns relative to the occupation
of crown lands, in rely to an address
moved by the hon. and learned member for
Auckland.
The returns were ordered to be printed.
SAVINGS BANKS LAWS.
The Savings Banks Laws Amendment Bill
was read a third time and passed, and ordered
to be presented to the Governor for the royal
assent, by the Speaker, the Colonial Treasurer,
and the Auditor General.
LUNATICS Bl LU
The Council then went into committee for
the consideration of the Better Regulation
of Lunatics Bill, when several of the clauses
having been gone through, the house resumed,
the CKAIR?.IAN reported progress,
and obtained leave to sit again on Wednesday
next.
ESTIMATES.
The COLONIAL TREASURER moved that the
Speaker do leave the chair, and the horse do
go into committee for the consideration of
the Estimates.
Mr. LOWE wished, before the question was
put, to offer a few observations relative to
the message which was yesterday received
from his Excellency the Governor, intimating
that his Excellency would, in consequence of
a despatch received from the Secretary for
the Colonies, withdraw from the Estimates
the estimate for the judicial establishment.
He was of opinion that the whole despatch
should be laid before the Council. By the
withdrawal of the estimate the Council would
be prevented from dealing with these salaries;
which were fixed at a rate which might have
only been adequate in former times, but
which now that the legal business had considerably
fallen off were enormous. He
stated it as a fact that the whole of the income
derived from the private practice of
the legal gentlemen did not amount to more
than some £7000 or £8000 a year, while the
government officers received at least £5000.
He thought it was but fair that as this reduction
had taken place in the income of the
profession generally, that the salaries of the
government officers should be reduced also;
but by the withdrawal of this estimate the
Council were prohibited from pronouncing
any opinion upon the subject.
Mr. DARVALL fully coincided in many of
the observations which had been made by the
hon. and learned member for Auckland, and
thought that the Council should have had
the opportunity of expressing their opinion
upon the estimate and he was also of
opinion that a reduction might take place
in this department with advantage to the
country.
Mr. COWPER coincided with the two preceding
speakers, and thought that considerable
reduction might be effected, more
especially in the expenses of the Courts of
Quarter Sessions.
Mr. PARKER briefly vindicated the course
taken by the government.
The COLONIAL SECRETARY was not prepared
for the discussion which had taken
place, and was somewhat surprised at it.
Circumstances had rendered it necessary that
the estimate should be withdrawn, but at
present he did not think it would be advisable
to lay the despatch upon the table.
Some correspondence was still going forward
with the Secretary of State, and pending
that correspondence his Excellency did not
deem it advisable to lay the despatch before
them, or he would have done so in the regular
course. With respect to the argument of
his hon, and learned friend, the member for
Auckland, he would merely observe, that
although the influx of business into the
Supreme Court might be much less now than
formerly, the duties of the government officers
were not lessened and it should be borne in
mind, that when barristers were receiving
large incomes, the law officers were worse
paid than anybody else.
The question was then put and carried,
and the Council went into committee.
The COLONIAL SECRETARY then, in conformity
with the message of his Excellency
the Governor in reply to an address from the
house, proposed that a sum of £100 be voted
for the best essay on the cure of catarrh in
sheep.
A brief discussion took place on this subject,
but the motion was carried on division
by a majority of 17; there being ayes 29,
noes 3.
The Governor's message relative to in-
demnifying Captain Furlong?, J.P., for losses
sustained by him in the action Moores. Fur-
long, was then read, and the COLONIAL
TREASURER moved that the sum of £130
12s. 9d. be appropriated for that purpose.
A long discussion took place on this motion,
the vote being opposed by Messrs.
Dangar and Lowe, and supported by Mr.
Cowper, Mr. Bowman, Mr. Foster, the Colonial
Secretary, Mr Bland, Mr. Darvall, and
Mr. Robinson. On a division the vote was
carried by a majority of 8 ; there being ayes
318, noes 4.
The house then resumed, the CHAIRMAN
reported progress, and leave was obtained to
sit again on Wednesday next.
The Council then adjourned at a quarter
to seven o'clock. -- .
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