d ~~~~o~~n~;~~a~~r: ~i;~j·b?lo~a~i~~ c:~ti~; ili · • i f •- • 'i , · 1ts senous...

1
.,.,. ... ...,......., --- ---. __..., colonists would not think· ·S· li .. J>ensive ' b&Jia;ting ·a - n"d massive rails necessary-;-r _c hod no of shewing the slighte3t nses, he thought, ought never to be brought d h . carry an engine weighing 14 tons, travelling at I to His Excellency, but neither, on the before the Supreme Court, except where the Ull er w om even now they had something the rate of.60 milea an hour, details in rther hand, .had he any intent -ion to cringe or ll1l1ll sought was merely nominal, and the action very nearly approaching resp.ollSible Go· winch onl:r pe acco.m- l ,, nd tho lmee to him, or to look to him for a had been brought to try some important right. vernment- in any degree overpaid. re1 urn of the · with which he hod Mr. HORNE seconded the motion, which was blf a railroad would P"!! iu coli been welcomed, m shape of balls. It was not agreed t?· Besidett Hi& Excellency had no tim<S <><>er. fer .balls, . and ,PartiCs of pleasure, and other . The b1ll was then brought up and read a fir>t come out expecting the , arrangemeat 3 All atated in the reporl; few of the fcollsh thmgs. (a. .laugh), but for benefits of .a , t1me,. and the second reading fixed for that day ---> d ' more substanttal natur& that he ·looked to HIS fortn1ght. propo ....... un er the new constitution. witnesses examined have had any ex-j Excellency. INQUESTS OF THE LAST YEAR. · LeaTe was ginn to- bring in the bill, perience in the construction and manaae - 1\fr. MYLES thought that, as they had t() The ATTORNEY-GENERAL laid upon the b · h d' 1 d fi t' . " • wait for new constitution! so llis Excellency table the returns of inquests for the last sill: '\'t IC accor mg Y was rca a rst rme. of plank roads. For this reason, might watt for an nn_gmentat10n of salary.. months of and first six months of the pro- ' 'Ihe second readin' is to come on on - Tues- perhaps, they appear to be prejudiced Mr. smd that there could be lit.tle sent yeaT, which were ordered to be printed. , day. against them · Th • . d ccnbt that HLB Excellency had come out to the The House 8Qjourned at ten minutes to four e oprn10ns expresse colony under the impression that the New Con- · lfr. Rm:sell postponed a. motion, of are conflicting. On the one hand it is stitution Bill ,.-ould have been immediately sane· which he had given notice, for enquiry that the · wood of the is · ,.-ould at oBncte i - d · · t t ll •t bl d J ' a. year. u • A · nto. r.n consideratiOn of, the condxtwn ' o a y unsru a e) an on the other, be as it might, he thought " Bill to Regulate the Execution of Criml- of the prodnctiTe and· of the I that no wood could be better adapted he might venture to say,. from the cxperi· nls" has been introduced into the J,egislative . . . ' . . "_ S mco they already had of S1r Charles Hot ham <!onucil, of which the following are the provi- free nnmtjp'ants daily arrivmg here. for t ..... purpose. omethnes it is ad- that there was not 111 colonist in Victoria swns :-After the act comes into operation, all In reply tG lfr. Campbell, the Colo- mit ted that these roads are cheaper ,.-ould think him overpaid at . that rate. Still they executions shall be effected within the walls of i l Se h th ad d lsd, as he trusted they soon would have the new . the prison. The execution shall take place in the n a . cretary . promised t at certain an mac •am1se roads, but as fre- constitution in force, he had no doubt that under presence of the sheriff or deputy-sheriff, the correspondeace which Mr. Pohlman, had quently it IS contended that they are Sir yharles :ftotham t.hey would enjoy all the gnolcr, at least one-third o! the officers of the he not been dela,ed by his duties dearer; while all who know them only ! blcssmgrd!!S of 111 responstblc Government. With gaol, including the medical officer, any justices of J b I rPga to 1t remark of the hon. mover that an· the peace who may desire to attend and such at the County Court, would have '! report agree that they do not pos- peared to haT& given offence to some hou. mem- constables, military guard, and adult as moved for, relative to the finauciat sesa so many advantage• as their rivals. berfly. ho (Mr. would say that he knew· sheriff or his deputy may think fit to admit. i · f. . Th · ld h b nothmg His Excellency's intention on the Enc? of the persons thus present shall remain po11 tton o thlf Denommat.IOnal School wou aTe een deemed con. mbject of balls or other amusements, but he until the sentence be completed !ICcordin"' to law Board. should be laid on the table in c1UillV8 had not a gentleman stepped thnt w_ere many most beneficial ob- and until the medical officer shall have a few days in at the close of the inquiry and Jecta on which HLB Exeel).ency could spend a certificate to that effect. The sheriff gaoler · ' 1 lllUCh larger sum than £10,000 of the and such of the spectators Mr. Fellowes then made his maiden stated that one advantage of a wooden I After a short reply from :Mr. Nicholson, the thmk fit, shall sign a declaration to the same Spt!ech. plunging headlong into a mea- road over a macadamised one is, resolut!onwosoweed to. The House resumed, the effect. Any person signing such certificate or o h h th t h ill dr 1 resolution was report"!i, and upon the motion of declaration, knowing the same to be shall sure O• so roue , 1mporta.nce, t at one a a orse w a.w three txmes as :Mr. Nicholson, the re:Port was adopted. The bill be deemed guilty ef felony, and shall be liable to wall forced tG wonder how the Loddon mnch on the former u on the latter, I was then up and read a. first time, and a sentence of hard labor on the roads or to im- had ever coneented so long to waste "the force of traction havina been expe- reading was. fixed for Tuesday, lOth its 1weetnesa upen lP> Campbell. He rimentaZlv determined to be about 83 lbs. PRESENT STATE OF LABOR. Prothonot.ary of the Supreme Court, and shall be a bill for altering and simpli- per ton, on the leTel, on broken 11tone of which ili: shall be .the· form r.nd mode of procedure metal, 33 lbs. on stone pavement, 28 lbs. ptat House do resolTe itself into a com- COMPULSORY VACCIN.A.TION. ln actions at law, and put the House c..n wooden tramway, and about 9 lbs. on of the the purpose of taking into . A to make compulsory the practice of vac- i f •- 'I , · 1ts senous consideratiOn the condition of the pro was read a first time in the Legislative Il;l poaseaa on o soma .. tereating facts re- lT'1n ra1 s. d_uctive throughout this colony, and espe: Council on W cdnesday. The following is an ab- corded amongst other information in the Having great faith in the evidenee of to fbrom what ca'!-so pl"escnt do- str!Ult of its provisions. The -Lieutenant-Gover- ' pressiOn m our a or market anses w1th n view t() nor is e ed t d · 'd th 1 · · pages of Blackstone. HaTing prefaced his re. an energetic and ingenious Ameiican le 1 provide means, should the same be neces- mpower 0 tv I e e eo ony mto eon· k wi •" t • h h h . eary,fortheemploymentofthosefreoimmigrants districts, and to appoint medical and mar s w a s a.ement l. at law amend- tis ear w at Mr. Cobb (of Adam.s and 1 now reaching oUl' shores, other offiQers. The father, mother or custodier ment was rendered dHicult by the cir- Co.'a express) hu to- sav upon the He.had been induced.to do this from the reports of every child born after the comes into ha " which had reached h f •t f 1 oper!'tion, is required to convey. child to the cumstance t t only lawyers could J. cct r- · t- ':ffi 0 a scarct Y 0 emp oy- n1ed1cal officer of the distr1'ct wi'thi'n a certa' 1 u . men reporta to whJCh he had not gn•en full grapple wtth 1t, and that lawyers, un- 1515. They have good roads in America!-No credence! until he made enquiries on the subject. :period after its birth. in order that the oper .. tion fortunate!• never would 'he t ted very oft:en -.o:orse than I have seen here, and 1 In fact, It had been credibly stated that newly- a proper interval the J " S a they dnve six M' even mght horses where the road arrived immigrants were makin arran em t cJ:ild IS to be to the insp'ection the proTislons of his measure is bad. In Vermont they drive a horse tor returnin" home immediate! . ll: g en s · of the med10al officer, m order thttt the succc· 55 of • ahead a1 bard as he can go, up hill and down aa . " y, m consequence th t' b t · which adopts the most recent English fnst ns he can run, aad yet ther never hlll't their of the dtiliculty of obtaining employment here. e opera ton may e aseer ttmed. A certificate d , cattle. Th& SPEAKER said tha* the regular courgB of the success of the operation is to be given to Improvements, an con tams some novel 1510. You have seen plank roads !-Yes, nurnbeu was for tho hon. gentleman first to move that t!l; the parent, and a duplicate forwarded to the de· features of its own. He proposed to of 1 th 517 emD. hor 1 ll th Y House go into committee. puty registrar for the district. Should tile child . o ses .rave we on em?- es very 1\fr RUSSELL . ·d th t It hod b appear to the medical officer to be in an unfit r.bolish special demurrers ; in an actio a we!l: no horee will slip if the road is weul.il.d. to by sc · 1 J:' a b ee? suggested state for the vaccination, the parent shall receive t . II lol8. A double track is aenerally made•-YeJ vera on. mom crs to w1thdraw th& rt·fi te t that sgams a corporatiOn, tor. ow the writ to alw';'ys; but the single one 1s first completed, a.n{l until certain inquiries had been made. 8 ce 1 e 3 o effect, to remain in force till be sernd on the chief officer. to dispense veh•cles are a.ll•;nred to pas11 over it before th& .himself felt the propriety of obtaining sta· the time appointed for a renewed inspection. • h th d . ' 11econd one ill ftrushed, or even commenced. t1shcal returns bearin" on the subject which Should .the child.be, in the opinion of the medical Wll e ecla.ratlon, m cases to which 1J23.1'hey are laid down very were not now before"them. It under ofthevaceinediscnse a cor- there will be no defence; to allow parties are Clll.'eful to keep ihcm m constant I this impression he risen in order to tJficate to that effect will be given to the parent. ( this he said 1aad been suggested to him 1527. Wo_uld }>lank roads answer here?-Yes, ehsk lea'!e to \I'Ithd!aw hts motion, although The medical offleer is entitled to no fee for these ' ' very Wllll, if you could keep ihe bullock. drays olf t e subJect was so unportant to the colony that . or· deputy of by Mr. Michie) to withdraw the record them. he trusted it would soon come before the House ?IStrict IS requrrcd to kc;ep a register of the instead of being nonsuited, in wffieoaornoi!'tt avncdrymro"Ptlpdleyop?-le II .. alHSo shotuld likho to haseerta.in from the certificates of successful vaccmation which shall "' , o "o om ecre ary w t t h tl be accessible on payment of a fee. He is also re- where, after the jury had been sworn the verr fdast it, yoaDg men would be prepared glen etman quired to given. otiee. to the n.c-.rent, &e., of every ro an ye. It lasts a ong time. Some of ... 1 ten re urns hild h b th necessary witnesses are found to have the wooa here would lnat much longer than the as he had alluded to. c • w ose rr ts registered, of the require- absented themselv • t d . h American. The COLONIAL SECRETARY said that ments of !ICt, and of !he penalty attending es, 0 0 away Wit a 1534.. Is tho traffic into l'fewYork (on the plank he would be prepared to name a definite tim• non-compliance. The reg1stra.r shall be entitled grea.t deal of the ceremony and nonsense r:.r:r Tery. when the hon. member informed him more deft: to .a .fee. The chief registrar is empowered and , .d t to , ;, • arger an t e traffic on the rond to nitely as to th t' !a hi 1 l enJomed to take the necessary steps for carrying lDCl en an action of ejectment and !fount Alexander ?-Yea: a hundred times larger H ta' 1 th e par lCU rs w c 1 1 e wanted. out. the provisions of the not. Any person pro·, · f li t d ' . ' 1547. Are there any other remarks which yo.i e cer m Y ought that at present the Houge d ll m cases 0 comp ca e accounts, to gtve wi @lt. to make!-l obser.-e that I should was not prepared to enter upon the subject. ucmg sma -pox by inoculation, or in any other either party the right of taking out a snm- consider the format1on of roads to be the Mr. ROSSELL &aid he waa quite prepared to way, after the passing of the act renders him3elf . "'o'e 'P•'!lv ,method of facilUa\mg lnterna.l enter upon the subject, · 110 ) H h d liable to imprisonment. All under mons, on which, if satisfied, the J udae comm'!-mcation of the co_lony, espccmlly during: howeTer no wish to press t 'H ·" · te tah' ) the act are to be summary. 'fha penalties ro· 0 the IWlllter season ; and In the summer I lla vo ' . te ouoe In o e cd to b lied h may insist upon an Immediate compulsory r eason to believe many people would drive proposed mqUirJ before tlley had prepared cover e app to t e public uses of the arbitration. These are the principa.l f over th& old road f!om choice, and in this way th.e themselTes; and wlth the leave of the · colony. ell.- JllankB would be likely to wear than they House, he would withdraw the motion for the tures of th& bill, which was read a first would were \he tramo over them constant. present. time without any discussion. With such evidence as this before The motion was withdrawn accordingly. The Council adjourned shortly b afore we a.re glad that the Como:is- four. ston have recommended the adopt1on man of the Denominational School Board, (Mr. of plank roads where timber is Pohlman,) wh() 'vas unable to attend, bcg""cd lcavo lNTE.RNAL COMMUNICATION. abundant. This will bring them intG the notice given"by that As we 1uggested yesterday, the question comparison with metal roads, and afford Tha:t an address be presented to His Excellency to be decid--' 1 's no• how we are tl data for future proceedings We shall th 1 eLieutenllnt.Governor, yrayingthathewillba ..u to C!lllSe to be ltud on the table of tills procure the best possible roads, but be much Jrustaken if the result do not ouncil, cop1es or aJ.J. correspondence which m:ty h th in h d d . . have taken place between the Denominatio 11al how we can obtain roads sufficiently s ew a. c eapness an urabtltty, School Board and Honorable the Colonial in the shortest possible time. 88 well .a.s in of construction, This. which should have been ke t and facility of transit, they are the of AugllSt mclusiYe. P rominintly before the Wl'tnesses a p l best common roads that. can be made. Thet. honorable gentleman observed that the , ppeard t mo IOn was brought before the House for good fCarcely eTer to have been brouuht · reasons. The present financial position of the under their notice. One of th h 0 . TllE COUNCIL. board was very remarkable. In fact the boarJ em, ow- Fri<iav, SeRiemher had been nearly bankrupt since April last It w, 18 Mr. Learmonth, expressed his 'Dle took at five mmutes t.herefore necessary that they should receive a .o:pmxon nilOn iuo explicitly that we feel past three oelock, at which tune about twenty further grant of money. They hnd applied to induced to d . l . . were present. the Government, \Tho had declined to accede to . raw spec1a attention to hts FROM TilE CHAIR. their application, and had referred them to the lhe announced that he had pre- Legislature. 1194. From your experience in the colony alld sen ted to the Lleute!'ant-Governor the address The COLONIAL SECRETARY said there your knowledge o.fengineering, vrbatkind of road andth . adopted by tho was no objection to produce the correspondence sho.uld. you. eons!der to be the best adapted for on e. z, th on fue Ciilled"!Or. Th -e-bon. gontl<liUIIIl h.vl not entere:l roam lineif m th1s colony!-In lines where the motion of Mr. NICholson, and that His Ex- jnto the merits of the case, and be (the Colonial trntll• demands the formation of a continuous cellency had been pleased to that he W()uld Secretary) would reserve what he had. to 6,..,.. where an occasional bridging i3 cause the measure ,to be earned mto effect. '!'he until be did so. J recommend the choice between a h bl tl 1s railway sUltea for low speed and a plank road on_ora. & gcn eman a o begged to announce The motion was agreed to. 1190. Do .rou mean for main lines ?-YeR' for ngmn to the HoWle that he laid upon the table a. those only, of the electorul committee according to the W AMENDMENT BILL. I 1196. By a railway at a low speed you mean one act of 1851, for the inspection of honorable Mr. FELLOWES movetl- of a cheap construction ?-The cost constructin.. For le:ne to bring in a bill to alter and simplify THE LEGISLATIVE COUNCIL. Council met yesterday t three G'clock, when Mr. Bryce Ross's stonishing acthity again made itself pparent, i& further additions to the nnumerable petitions against the present ates of postage, with which his aai- tion ha.s loaded honorable members. 0 The House having resolved itself into mmittee, Mr. Nicholaon called attention to the ropriety of bringing in a bill to allow the ientenant-Governor and his staff, from the ate of His Excellency's landing in the olony, the same aalaries that they would ave under the blll establishing our new onstitution. Remarking on the warmtll d cordiality of the reception which his xcellancy had met with in the colony, e reopened the question of "hospitali- ies," which, on the previous day, ormed a prominent feature in th'3 oorak debate, and showed the Council at it was expected that the Lieute- ' ant-GovarnoJ 11hould reciprocate these ttentions, His Excellency must have is present .£5000 a year doubled for :he purpose. Mr. Nicho]s)n next eeded to give the legislative body some articulars as to the cost of Govern- ent balls ; after which, he explained the of the salaries of the staff 1 t present on the estimates, to be only increase from the sum of £4000 to the sum of £5000. He then stated the the Private Secretary to and suggested to the ouse that gentleman should ave an increase. From a biographical pisode at this point in the spee:ch, it appeared tliat the last holder or this held other offices, and th1t it was by a judicious combination of his resourcei that he maintained the oignity of the Private . Secretarial office. Mr. Nicholson next debated the proba- bilities of Sir Charles Hotham's bE:in g appointed Governor - General throwing in a few remarks about Sir W. Denbon, and concluded with the motion of which he had given notice. Mr. Annand informed the Council that he did not care a straw for · balls. He also expreilaed indiff erence to ple!!.- lilU! e-p:nties in general. Mr. Myles thought the improved for the Governor should be con- temporaneous with the improved con- stitution for the · people. Mr. Miller supported the motion, believ- ing that at thil improved sala1·y the ; and working a railroad d"pends entirely upon the THE POSTAGE ACT. the form and moue of procedu!e. in a!' action at &peed a?d weight ofyoUJ' intended traffic. A rail- Petitlolll! for the repea_l of the present Post•,"R ltah'er"'etonn•d to make other prov1s1ons m relation road swtable for trat:ftc !'t low speed is the simplest :A v and of at!ltlCial roads i while a railroad · ct, and for the adopiton of a uu;form penny Tl h b 'd for high speed i& ihe moat difficult and mo 3 t postage, were presented by Mr. Hodgson from to h on. er Sll.I that in explaining some costl:J:, and re\lntres, both in construction and :Beechworth, from Tarrcnaower and frord Wan- 0 t e lroviSions of the measure he had to pro· workmg, the highest class of engineering science. gamtta; by l\Ir. Avenel &e. and pose, . e would, . as far aa possible, avoid p97. What do you call a low rate of speed t-Ten from Gisborne and by other members ' technical expressiOns. The matter was at :pules an hout. 'LAW REFOR:\I · present a.ttl'!Ulting much attention amon.,. 3 t Mr. Learmonth then describes the nature Mr. FELLOWES gave notic; that on Tuc 3 - the Feople generally, but. unfortunately of the road be would recommend. He day he would move for leave to bring in a bill to lawyers al?ne cott!d with the subject, would disturb the natural surcace a" little :regulate the prMtice in equity and simplify the dtd not VIew Wit favor auy change ot' " mcde of procedure therein. ' -.mu proposed. He had no doubt they would as possible, and obviate the necessity of · THE GOVEilNOR'S SALARY th,nk, use the \Tords of Lord Eldon, that the3a h k Mr. NICHOLSON, before movin.,. that the alt?':atwns sap the foundations of the eart wor by laying the rails on p\les. Rouse go into committee, would ask leave But such fears were en· He would use light engines and carry amend the motion which stood in his name, so tlrely . chimeriCal Refo:.:m,. merely for light loa.ds, and co..ld thereby surmount that he might be enabled to bring in a bill on tbe but Ju.dwwus reform, was subject, instead of moving an address. His mo- me ctal m ,aw u.s \V?Il as m other th!ngs. He such a gradient as on9 in sixty. Heavy tion, so amended, would stand as follo,vs :- no'". I!roceed the enumeration of the excaTations would thtls be avoided. We lhat this Roue resolve itself into a committ'e. cue proTlsions of the bill he proposed to intro- of \Yhole, the pttrpose of considering duce. By the. common law of may here mention that Mr. Rosson, propnet.>: of bnnging in a bill to appropriate good pomts a party man actiOn anoth i th •1 a. suffiCient sum of :money to place the m1ght h:>Te, h.e was obhgcd to select one out of · er O e gen. amen examtned, re- Licutenant.Goverl!or and staff, as regards salarie" them, by whteh he must abide. A law COII1lllends a plan for ascending gradients dallowances, m the same foosition as tha& passed in Queen Aune's rci,.n allowing more as steep aa one in thirty. Instead of a defences to be brouil.lt for'!ard, but it t ti i solution take effect from· the date of His Excel- wns clogged w1th one condttion, v1z., that the s a onary eng ne, he would employ the lency's in.the colony. co!'sent ?f should be previously ob- locomot!Te attached to the train in haul- Leave bemg g1vcn to amend the motion the tamed. ThiS cond1t10n he purposed removin.,. ing Itself up by means of a chain fixed a•. IIouse went into committee, Mr. in nnd allo,ving more than one defence to be at arfy the chair. time available. lle intended to make an tMtera· the top and bottom of the ascent. This Mr . said the act passed in ti<:n in rules. of_ sp.ccial By a is a auggestlon of nG sma.ll importance and whtch was now m force, fixed the thirdprovlstono.fhisbill,lnanactwnagamstacor- h salary at £5000 per an- tho be served up()n the l\'Iayor W ere heavy excavations- are so tedious num. The obJect of the present motion was t:> or Town Clerk, and thiS be a legal summons ; thus and exptnsive. raise it to £10,000, being the amount fixed by a l>reat would be avoided, a eorpo· the New Constitution Bill. He thou,.ht the ratiOn bemg m the eye of tho law a mere Mr. Learmonth's plan is the same as Reuse would agree with him in thinkfug that nonentity •. (A laugh.) He also proposed t() that recommended by Col. Cotton in his the former sum was totally inadequate for the n . power to make an im:ne- work on Indian railwa..-s (which we intend purpose. llis Excellmcy hod been received in alteration m a. summons, where it wfn J the colony hospitably ,a nd with the warmest mcorrcctly place of its being, shortly to review), and partially carried out welc_ome; and 1f he were expected to r etutn any now, set a,togcther .. An alteration by him in that country. The estimated portwn of those hospitalities, he would m law regardmg what mtght be deeme;l h certainly require the whole amount of salary debts was another subject which he ere- is put SO low as .£2000 per mile. which. the motion proposed to give him. There mtroduced. There a class of cases to Considerln3 that this system is proposed were mstances of a single ball costing £3000 or no defence \l'as ever to be mo. d e, d i £4000, or even £6000; and that was sufficient t() but m the plmnttffwas put to un er no mean 11anct on, we are surprised shew that the hospitalities which might reason- the expense of a declaratiOn. He proposed in all that jthe Commission ha.ve paid no atten- ably be expected from the Governor could not ruch cases to do away with that declaration. tion to it in thiir report, nor even soli- he properly exercised by him as matters stood at In an action at law, prey-iously to the jury being present. Connected with this subject waa that sworn, a. party could w1thdraw the case ; after cited th. opinion of other engineers upon of the sal:>1·ies of -the Governor's staff. Under hovrenr, enn should witnesses, which was it. We do profess to have any the-present law the staff were provided for upon often the ease, be absent, it could not be with- the estimates, to the amount of above £4.000. drawn, and a nonsuit was frequently the result. opinion onl'ielves upon its absolute merits; ny the present motion £5000 would be He proposed to allow the ease to be withdrawn but we Tenture to say that, unless Col. appropriated to that .purpose, so that the increase cwn. after had _been sworn, on the party Cotton and Mr. Learmonth be wholly be only £1000. The Private Secretary 30 Wlthdra"':mg I.t paymg the of the day. at presed i>uly £700. a year, a sum A!'l alteratiOn m the back-datmg of writs in error upon tho 1111bject, their plan wh1eh he thought all would ll{!;ree was quite iu- c! subpoon.a was also proposed. In ac· seems to offer the speediest solution ·' of adequate. When that amount was voted the twns for CJectment an alteration was contem· circumsta.nees were different from whr•t 'they plated, which would do away with a great the prolJlem of internal communication. wc1·e now. The gentleman who filled the of the ceremony a.nd nonsense now in use. He Mr. Learmonth also furnishes some at that time held other appointments, and on. would mention ?ne that of a party of the 1 bl 'd l that !ICCOunt the vote was specially made sma.ll. n!'me of m Sydney, where fifty-six: va ua eTl ence on P ank roads, which 'l'bere would after this, he apprehended, be no d1ffe rent actiOns were illl!tituted, 'vhile under the he conalders »till more suitable to our rufferance _of ?Pinion as to the expediency of the proposed nine would be sufficient. present circumata.nces. The follewlncr amountbemgmcreased. Thereweresomechan.,.es One provlSlonhewouldnow name, which wa3 G about to take place in Sydney; which would p';:0• much required by the judges. It wns to give them citation!! appear to apprehend the true. bablp.-eigh with the House, in favor of the motion. the power of compulsory reference to arbitration. bearings of the question Sir William Denison had been appointed G()- be!ore .a. tria.!, wher? the cage involved the ex· 1240. Your •pinion then balances between tllese vcrnor of New South Wales, a.nd it was sta.te.l llmmatwn of complieated accounts, &c. As the two deacriJ?.tlons ofroadsf-Yea,:and assisting as ju the "Colonial Times" newspaper, that he was law at present such cases were generally far as J.WilSible the natural roads we have· there to be merely Governor of that province, and not settled by ar?Itratwn after trial. He ,PrO· are few line1 o,n which 11 plank road or tramway Governor-General of the Australian Colonies; and posed that the Judge should appomt one arbttra- would be necessary. further, that it was supposed Sir Charles Hotham tor, an? each of. the parties one. The power of 1241. Would &ueh roads be sufficient for the ld b ted G G d lead had b 1 wants of the The question seems won e appoin overnor- eneral. He (Mr. amen mg p mgs . een recent y enlarged; to me to f!e this: Will the people wait fifty years Nich()lson) felt confident that Sir Wllliam Deui- one claus? in the b11l proposed to extend that to get railroads o» whloh a speed of fifty miles an s;on would not be Governor-General Whether power still flll'ther. The law regarding actions hour can be obtained, or will they at once have Sir Charles Hotham was to be so, it was not for :tor trespass required alteration. By the presenli- on whloh they can travel at a rate of ten · him to but it was undoubted that Sir Charles lnw, for instance, lf a person applied tor the miles an hour! would be either Governor-General of the A us- liquidation of «debt, and was kicked out of the 1262. You do not ihinl: that the extra cost that ] h t b · tw · · would be entailed. would be justified by the in- tralian Colonies or Governor of Victoria. We touse, e mus rmg o for the creased speed att!Wled !-I do not know any oae :should not have a Governor over us at Sydney. debt, and one for the assault. He now pl'Oposed line where the enormous cost of £10 ooo or £12 OOO· :But without reference to that, he felt that His tonabling thia to be done in one action. (one estimate is as high as £40,000) a 'mile, the verY' :Excellency-'s pt·esont salary was inadequate, and Where two parties ngreed as to an amount, in lowe11tsnm thatcan be estimated, would bejustifred_ he believed the House would be of the same freight for instance, bnt disagreed as to which of · 1245. 18 U that YOil consider there is not enOU"h- · JH ) · th 1' bl h sed to -tratllo topay?-I doubt if the traffic on any country opmion. ear. em W111! ta e, e propo enable them to line would Hturn colonial interest upon a sunk Mr. A NAND sttid that he could not allow settle the matter without bringing an action for capital of £lll,Oot a mile, added to the enormous the address of the hon. mover to pass with()ut the amount. 'l'here were other provisions iu the :firit eost,repairsand management efrolling stock remark. While willing to accord to the Lieu- bill which he need not then bring before the eommenslll'ate to'o!!•ch aline; but that is ofless con! t< nant-Governor the amount proposed, he must One more he would name which pro- sequence tha.n tne delay: attendant upon the ex:- tny that he did not care a straw for all the balls Tided that COitS should not be allowed at eucha The p:tfect grading, ex:. fat might be given by His Excellency. (Alau"h.) the Supreme Court in cases where damages I o to the a.mount Q( OWl aJ).owed. Such

Upload: others

Post on 28-May-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: d ~~~~o~~n~;~~a~~r: ~i;~J·b?lo~a~i~~ c:~ti~; ili · • i f •- • 'I , · 1ts senous consideratiOn the condition of the pro cmatH~n was read a first time in the Legislative Il;l

.,.,. ... ~ ...,......., --- ---. __..., :~~==~~~~=~~~=.=~~~~======~~~~~=============

colonists would not think· ·S·li :Charles~ .. J>ensive'b&Jia;ting ·a-n"d massive rails necessary-;-r_c hod no lnt~ntion of shewing the slighte3t nses, he thought, ought never to be brought

d h . carry an engine weighing 14 tons, travelling at I o ;~respect to His Excellency, but neither, on the before the Supreme Court, except where the

Ull er w om even now they had something the rate of.60 milea an hour, eo!'stitu~ details in rther hand, .had he any intent-ion to cringe or ll1l1ll sought was merely nominal, and the action very nearly approaching resp.ollSible Go· 21,~o~k winch c~n onl:r pe S!!tiSfac~only acco.m- l ,,nd tho lmee to him, or to look to him for a had been brought to try some important right. vernment-in any degree overpaid. ~~~~d ~~,!~• :;>c;~'~,!!.~~mJ,~~.I~,,~~.i~1~} re1 urn of the ~ospitalities ·with which he hod Mr. HORNE seconded the motion, which was

ca•·ta{J~ blf a ~lJ'Of'IR'V railroad would P"!! iu coli ee~tl been welcomed, m t~e shape of balls. It was not agreed t?· Besidett Hi& Excellency had no do~bt tim<S <><>er. fer .balls, . and ,PartiCs of pleasure, and other . The b1ll was then brought up and read a fir>t come out expecting the , arrangemeat3 All atated in the reporl; few of the fcollsh thmgs. (a. .laugh), but for benefits of .a , t1me,. and the second reading fixed for that day

---> d ' more substanttal natur& that he ·looked to HIS fortn1ght. propo ....... un er the new constitution. witnesses examined have had any ex-j Excellency. INQUESTS OF THE LAST YEAR. ·

LeaTe was ginn to- bring in the bill, perience in the construction and manaae - 1\fr. MYLES thought that, as they had t() The ATTORNEY-GENERAL laid upon the b · h d' 1 d fi t' . " • wait for t~c new constitution! so llis Excellency table the returns of inquests for the last sill:

'\'t IC accor mg Y was rca a rst rme. m~nt of plank roads. For this reason, might watt for an nn_gmentat10n of salary.. months of 18~3, and first six months of the pro-' 'Ihe second readin' is to come on on -Tues- perhaps, they appear to be prejudiced Mr. liULL~R smd that there could be lit.tle sent yeaT, which were ordered to be printed. , day. against them ·Th • . d ccnbt that HLB Excellency had come out to the The House 8Qjourned at ten minutes to four

• e oprn10ns expresse colony under the impression that the New Con- · • lfr. Rm:sell postponed a. motion, of are conflicting. On the one hand it is stitution Bill ,.-ould have been immediately sane·

which he had given notice, for enquiry asser~ that the · wood of the col~ny is · rt1c."cen~~ a~dsa~:~quoenftly£lthoaotoohe ,.-ould at oBncte THE~~~~ !~~~~~~ALB. i - d • • · · t t ll •t bl d J ' a. year. u • A · nto. r.n consideratiOn of, the condxtwn ' o a y unsru a e) an on the other, be ~a.b as it might, he thought " Bill to Regulate the Execution of Criml-of the prodnctiTe cla.sse~ and· of the I that no wood could be better adapted he might venture to say,. from the cxperi· nls" has been introduced into the J,egislative . . . ' . . "_ S mco they already had of S1r Charles Hot ham <!onucil, of which the following are the provi-free nnmtjp'ants daily arrivmg here. for t ..... purpose. omethnes it is ad- that there was not 111 colonist in Victoria wh~ swns :-After the act comes into operation, all

In reply tG lfr. Campbell, the Colo- mit ted that these roads are cheaper ,.-ould think him overpaid at .that rate. Still they executions shall be effected within the walls of

i l Se • • h th ad • d lsd, as he trusted they soon would have the new .the prison. The execution shall take place in the

n a . cretary . promised t at certain an mac • am1se roads, but as fre- constitution in force, he had no doubt that under presence of the sheriff or deputy-sheriff, the correspondeace which Mr. Pohlman, had quently it IS contended that they are Sir yharles :ftotham t.hey would enjoy all the gnolcr, at least one-third o! the officers of the he not been dela,ed by his duties dearer; while all who know them only ! blcssmgrd!!S of 111 responstblc Government. With gaol, including the medical officer, any justices of

J b I rPga to 1t remark of the hon. mover that an· the peace who may desire to attend and such at the County Court, would have '! report agree that they do not pos- peared to haT& given offence to some hou. mem- constables, military guard, and adult sp~tators as moved for, relative to the finauciat sesa so many advantage• as their rivals. berfly. ho (Mr. J\1:i~ler) would say that he knew· t~o sheriff or his deputy may think fit to admit.

i · f . • . Th · ld h b nothmg ~tbout His Excellency's intention on the Enc? of the persons thus present shall remain

po11 tton o thlf Denommat.IOnal School I~ wou aTe een deemed con. mbject of balls or other amusements, but he until the sentence be completed !ICcordin"' to law Board. should be laid on the table in c1UillV8 had not a gentleman stepped ~new thnt t~elt w_ere many most beneficial ob- and until the medical officer shall have ~i"'ned ~ a few days in at the close of the inquiry and Jecta on which HLB Exeel).ency could spend a certificate to that effect. The sheriff gaoler

· • ' 1 lllUCh larger sum than £10,000 o~cers of the g~l, and such of the spectators a.~ Mr. Fellowes then made his maiden stated that one advantage of a wooden I After a short reply from :Mr. Nicholson, the thmk fit, shall sign a declaration to the same

Spt!ech. plunging headlong into a mea- road over a macadamised one is, resolut!onwosoweed to. The House resumed, the effect. Any person signing such certificate or o h • h th t h ill dr • 1 resolution was report"!i, and upon the motion of declaration, knowing the same to be fal~e shall

sure O• so roue , 1mporta.nce, t at one a a orse w a.w three txmes as :Mr. Nicholson, the re:Port was adopted. The bill be deemed guilty ef felony, and shall be liable to wall forced tG wonder how the Loddon mnch on the former u on the latter, I was then broug~t up and read a. first time, and a sentence of hard labor on the roads or to im-

had ever coneented so long to waste "the force of traction havina been expe- ~::~~d reading was. fixed for Tuesday, lOth ~~~~o~~n~;~~a~~r: ~i;~J·b?"lo~a~i~~ c:~ti~; its 1weetnesa upen lP> Campbell. He rimentaZlv determined to be about 83 lbs. PRESENT STATE OF LABOR. Prothonot.ary of the Supreme Court, and shall be

pr~posed a bill for altering and simpli- per ton, on the leTel, on broken 11tone hel\~~Y!~E!~cS:~~ !~! e~~~~ of which ;~bL~l~': ili: ~~=::!~~~~U:~~~~~ shall be ~Jmg .the· form r.nd mode of procedure metal, 33 lbs. on stone pavement, 28 lbs. ptat t~s House do resolTe itself into a com- COMPULSORY VACCIN.A.TION. ln actions at law, and put the House c..n wooden tramway, and about 9 lbs. on ~mttec_ of the w~ole t~r the purpose of taking into . A ~ill to make compulsory the practice of vac-• i f •- • 'I , · 1ts senous consideratiOn the condition of the pro cmatH~n was read a first time in the Legislative Il;l poaseaa on o soma .. tereating facts re- lT'1n ra1 s. d_uctive classc~ throughout this colony, and espe: Council on W cdnesday. The following is an ab-corded amongst other information in the Having great faith in the evidenee of cu~llY. to ~nquuel fbrom what ca'!-so th~ pl"escnt do- str!Ult of its provisions. The -Lieutenant-Gover-' pressiOn m our a or market anses w1th n view t() nor is e ed t d · 'd th 1 · · pages of Blackstone. HaTing prefaced his re. an energetic and ingenious Ameiican le ~ 1 provide means, should the same be deem~d neces- mpower

0 tv I e e eo ony mto eon·

k wi•" t • h h h . • eary,fortheemploymentofthosefreoimmigrants v~nient districts, and to appoint medical and

mar s w a s a.ement l. at law amend- tis ear w at Mr. Cobb (of Adam.s and 1 now reaching oUl' shores, other offiQers. The father, mother or custodier ment was rendered dHicult by the cir- Co.'a express) hu to- sav upon the sub-~ He.had been induced.to do this from the reports of every child born after the a~t comes into

ha " which had reached h f •t f 1 oper!'tion, is required to convey. ~nch child to the

cumstance t t only lawyers could J. cct r- · t- ':ffi 0 a scarct Y 0 • emp oy- n1ed1cal officer of the distr1'ct wi'thi'n a certa'1u • • . men reporta to whJCh he had not gn•en full •

grapple wtth 1t, and that lawyers, un- 1515. They have good roads in America!-No credence! until he made enquiries on the subject. :period after its birth. in order that the oper .. tion fortunate!• never would 'he t ted very oft:en -.o:orse than ~nr I have seen here, and 1 In fact, It had been credibly stated that newly- m~y ~e per~ormed. -1\fte~ a proper interval the

J • • " S a they dnve six M' even mght horses where the road arrived immigrants were makin arran em t cJ:ild IS ag~m to be s~bm1tted to the insp'ection the proTislons of his measure is bad. In Vermont they drive a horse stratgh~ tor returnin" home immediate! . ll: g en s · of the med10al officer, m order thttt the succc·55 of

• ahead a1 bard as he can go, up hill and down aa . " y, m consequence th t' b t · which adopts the most recent English fnst ns he can run, aad yet ther never hlll't their of the dtiliculty of obtaining employment here. e opera ton may e aseer ttmed. A certificate • d , cattle. Th& SPEAKER said tha* the regular courgB of the success of the operation is to be given to Improvements, an con tams some novel 1510. You have seen plank roads !-Yes, nurnbeu was for tho hon. gentleman first to move that t!l; the parent, and a duplicate forwarded to the de· features of its own. He proposed to of

1th517

emD. hor • 1

ll th Y House go into committee. puty registrar for the district. Should tile child . o ses .rave we on em?- es very 1\fr RUSSELL . · d th t It hod b appear to the medical officer to be in an unfit

r.bolish special demurrers ; in an actio a we!l: no horee will slip if the road is weul.il.d. to ~ by sc · 1 J:' a b ee? suggested state for the vaccination, the parent shall receive • t . • II lol8. A double track is aenerally made•-YeJ vera on. mom crs to w1thdraw th& rt·fi te t that

sgams a corporatiOn, tor. ow the writ to alw';'ys; but the single one 1s first completed, a.n{l moti~n until certain inquiries had been made. 8 ce 1 e3 o effect, to remain in force till be sernd on the chief officer. to dispense veh•cles are a.ll•;nred to pas11 over it before th& ~e .himself felt the propriety of obtaining sta· the time appointed for a renewed inspection .

• h th d . ' 11econd one ill ftrushed, or even commenced. t1shcal returns bearin" on the subject which Should .the child.be, in the opinion of the medical Wll e ecla.ratlon, m cases to which 1J23.1'hey are laid down very rap.idly?-Ye~. were not now before"them. It w~ under (;~ccr,msuseepttble ofthevaceinediscnse a cor-there will be no defence; to allow parties ;~pa~~ey are Clll.'eful to keep ihcm m constant I this impression ~hat he ~ad risen in order to tJficate to that effect will be given to the parent.

(this he said 1aad been suggested to him 1527. Wo_uld }>lank roads answer here?-Yes, ehsk lea'!e to \I'Ithd!aw hts motion, although The medical offleer is entitled to no fee for these

' ' very Wllll, if you could keep ihe bullock. drays olf t e subJect was so unportant to the colony that servic~s. . Th~ regi~trar or· deputy r~gistrar of by Mr. Michie) to withdraw the record them. he trusted it would soon come before the House eac~ ?IStrict IS requrrcd to kc;ep a register of the instead of being nonsuited, in case~ N;~3iit~~: :~n&s!!_mntbet~ wffieoaornoi!'tt avncdrymro"Ptlpdleyop?-le II ~~alin .. alHSo shotuld likho to haseerta.in from the certificates of successful vaccmation which shall

"' ·~ , o "o om ecre ary w t t h tl be accessible on payment of a fee. He is also re-where, after the jury had been sworn the ttravtt~l verr fdast ~<!ng it, P~11iculnrly yoaDg men would be prepared withensuehas'-t~nst·. glen etman quired to given. otiee. to the n.c-.rent, &e., of every

• ro mg~ an ye. It lasts a ong time. Some of ... 1 ten re urns hild h b th r· necessary witnesses are found to have the wooa here would lnat much longer than the as he had alluded to. c • w ose rr ts registered, of the require-absented themselv • t d . h American. The COLONIAL SECRETARY said that ments of ~be !ICt, and of !he penalty attending

es, 0 0 away Wit a 1534.. Is tho traffic into l'fewYork (on the plank he would be prepared to name a definite tim• non-compliance. The reg1stra.r shall be entitled grea.t deal of the ceremony and nonsense ror~ r:.r:r gre~-Ye~; Tery. when the hon. member informed him more deft: to .a .fee. The chief registrar is empowered and , . d t to , ;, • arger an t e traffic on the rond to nitely as to th t' !a hi 1 l enJomed to take the necessary steps for carrying lDCl en an action of ejectment • and !fount Alexander ?-Yea: a hundred times larger H ta' 1 th e par lCU rs w c 1 1e wanted. out. the provisions of the not. Any person pro·, · f li t d ' . ' 1547. Are there any other remarks which yo.i e cer m Y ought that at present the Houge d ll m cases 0 comp ca e accounts, to gtve wi@lt. to make!-l ~ould obser.-e that I should was not prepared to enter upon the subject. ucmg sma -pox by inoculation, or in any other either party the right of taking out a snm- consider the format1on of l!~nk. roads to be the Mr. ROSSELL &aid he waa quite prepared to way, after the passing of the act renders him3elf

• . • "'o'e 'P•'!lv ,method of facilUa\mg ~he lnterna.l enter upon the subject, · ~No 110 ) H h d liable to imprisonment. All pr~ceedings under mons, on which, if satisfied, the J udae comm'!-mcation of the co_lony, espccmlly during: howeTer no wish to press t 'H ·" · te tah' ) the act are to be summary. 'fha penalties ro·

• • • 0 the IWlllter season ; and In the summer I lla vo ' • . te ouoe In o e cd to b lied h may insist upon an Immediate compulsory r eason to believe ~at many people would drive proposed mqUirJ before tlley had prepared cover e app to t e public uses of the arbitration. These are the principa.l f over th& old road f!om choice, and in this way th.e themselTes; and the~cfore, wlth the leave of the · colony. -·-~=======::::

ell.- JllankB would be likely to wear long~r than they House, he would withdraw the motion for the tures of th& bill, which was read a first would were \he tramo over them constant. present. time without any discussion. With such evidence as this before The motion was withdrawn accordingly.

The Council adjourned shortly b afore t~em, we a.re glad that the Como:is- ~~~gf~1tl~i<i~~ ~~H~?foft~~~J?~ir-four. ston have recommended the adopt1on man of the Denominational School Board, (Mr.

of plank roads where timber is Pohlman,) wh() 'vas unable to attend, bcg""cd lcavo

lNTE.RNAL COMMUNICATION. abundant. This will bring them intG t~n~~:b1e ~~:u:~a!~ the notice given"by that

As we 1uggested yesterday, the question comparison with metal roads, and afford Tha:t an address be presented to His Excellency to be decid--'

1's no• how we are tl data for future proceedings We shall th1eLieutenllnt.Governor, yrayingthathewillba ..u ~ • • • ~ ense~ to C!lllSe to be ltud on the table of tills

procure the best possible roads, but be much Jrustaken if the result do not ouncil, cop1es or aJ.J. correspondence which m:ty h th • in h d d . . have taken place between the Denominatio 11al how we can obtain roads sufficiently s ew a. c eapness an urabtltty, School Board and ~he Honorable the Colonial goo~ in the shortest possible time. 88 well .a.s in rapidit~ of construction, ~2~1tC:~Vo'a~~.\~~~u~fi~"{4~ oWe~~~~~t~Pt~~t~~~ This. which should have been ke t and facility of transit, they are the of AugllSt mclusiYe.

Prominintly before the Wl'tnesses a p l best common roads that. can be made. Thet. honorable gentleman observed that the , ppeard t mo IOn was brought before the House for good

fCarcely eTer to have been brouuht · reasons. The present financial position of the under their notice. One of th h 0 . TllE LE~ISLATIVE COUNCIL. board was very remarkable. In fact the boarJ

em, ow- Fri<iav, SeRiemher ~9th • had been nearly bankrupt since April last It w,18

ev?r~ Mr. Learmonth, expressed his 'Dle Spc~ker took th~ eha.~ at five mmutes t.herefore necessary that they should receive a .o:pmxon nilOn iuo explicitly that we feel past three oelock, at which tune about twenty further grant of money. They hnd applied to induced to d . l . . ro~mbers were present. the Government, \Tho had declined to accede to

. raw spec1a attention to hts A:~NOUNCEMENTS FROM TilE CHAIR. their application, and had referred them to the ~vidence. lhe SPEAKE~ announced that he had pre- Legislature.

1194. From your experience in the colony alld sen ted to the Lleute!'ant-Governor the address The COLONIAL SECRETARY said there your knowledge o.fengineering, vrbatkind of road ~~ r~1 andth br1~ges, . adopted by tho was no objection to produce the correspondence sho.uld. you. eons!der to be the best adapted for ~CJ on e. z, th ~. on fue Ciilled"!Or. Th-e-bon. gontl<liUIIIl h.vl not entere:l roam lineif m th1s colony!-In lines where the motion of Mr. NICholson, and that His Ex- jnto the merits of the case, and be (the Colonial trntll• demands the formation of a continuous cellency had been pleased to ;l'ep~y that he W()uld Secretary) would reserve what he had . to 6,..,.. ~ondwar-thAHs, where an occasional bridging i3 cause the measure ,to be earned mto effect. '!'he until be did so. J

m~uffic1en~I recommend the choice between a h bl tl 1s railway sUltea for low speed and a plank road on_ora. & gcn eman a o begged to announce The motion was agreed to. 1190. Do .rou mean for main lines ?-YeR' for ngmn to the HoWle that he laid upon the table a.

those only, • li~t of the electorul committee according to the ~A W AMENDMENT BILL. I 1196. By a railway at a low speed you mean one act of 1851, for the inspection of honorable Mr. FELLOWES movetl-

of a cheap construction ?-The cost ~f constructin.. m~mbe~. For le:ne to bring in a bill to alter and simplify

THE LEGISLATIVE COUNCIL. Laglila~ive Council met yesterday

t three G'clock, when Mr. Bryce Ross's stonishing acthity again made itself pparent, i& further additions to the nnumerable petitions against the present ates of postage, with which his aai­tion ha.s loaded honorable members.

0

The House having resolved itself into mmittee, Mr. Nicholaon called attention to the

ropriety of bringing in a bill to allow the ientenant-Governor and his staff, from the ate of His Excellency's landing in the olony, the same aalaries that they would ave under the blll establishing our new onstitution. Remarking on the warmtll

d cordiality of the reception which his xcellancy had met with in the colony,

e reopened the question of "hospitali-ies," which, on the previous day, h~d ormed a prominent feature in th'3 oorak debate, and showed the Council at it was expected that the Lieute­

' ant-GovarnoJ 11hould reciprocate these ttentions, His Excellency must have is present .£5000 a year doubled for

:he purpose. Mr. Nicho]s)n next pr~-eeded to give the legislative body some articulars as to the cost of Govern­

ent balls ; after which, he explained the ugmenta~ion of the salaries of the staff 1

t present on the estimates, to be only increase from the sum of £4000 to

the sum of £5000. He then stated the the Private Secretary to and suggested to the

ouse that gentleman should ave an increase. From a biographical pisode at this point in the spee:ch, it

appeared tliat the last holder or this ~ppointtnent held other offices, and th1t it was by a judicious combination of his resourcei that he maintained the oignity of the Private. Secretarial office. Mr. Nicholson next debated the proba-bilities of Sir Charles Hotham's bE:in g appointed Governor - General throwing in a few remarks about Sir W. Denbon, and concluded with the motion of which he had given notice.

Mr. Annand informed the Council that he did not care a straw for · balls. He also expreilaed indifference to ple!!.­lilU! e-p:nties in general.

Mr. Myles thought the improved ~alary for the Governor should be con­temporaneous with the improved con­stitution for the ·people.

Mr. Miller supported the motion, believ­

ing that at thil improved sala1·y the

;

and working a railroad d"pends entirely upon the THE POSTAGE ACT. the form and moue of procedu!e. in a!' action at &peed a?d weight ofyoUJ' intended traffic. A rail- Petitlolll! for the repea_l of the present Post•,"R ltah'er"'etonn•d to make other prov1s1ons m relation road swtable for trat:ftc !'t low speed is the simplest :A ~ v and e~eapest of at!ltlCial roads i while a railroad · ct, and for the adopiton of a uu;form penny Tl h b 'd for high speed i& ihe moat difficult and mo

3t postage, were presented by Mr. Hodgson from to h on. ~e~ er Sll.I that in explaining some

costl:J:, and re\lntres, both in construction and :Beechworth, from Tarrcnaower and frord Wan- 0 t e lroviSions of the measure he had to pro· workmg, the highest class of engineering science. gamtta; by l\Ir. Snodgras~ fro~ Avenel &e. and pose, . e would, . as far aa possible, avoid

p97. What do you call a low rate of speed t-Ten from Gisborne and by other members ' • technical expressiOns. The matter was at :pules an hout. 'LAW REFOR:\I · present a.ttl'!Ulting much attention amon.,.3t

Mr. Learmonth then describes the nature Mr. FELLOWES gave notic; that on Tuc3- the Feople generally, but. unfortunately of the road be would recommend. He day he would move for leave to bring in a bill to lawyers al?ne cott!d gr~}fle with the subject, would disturb the natural surcace a" little :regulate the prMtice in equity and simplify the tshndkt~~~ dtd not VIew Wit favor auy change ot' " • mcde of procedure therein. ' ~ -.mu proposed. He had no doubt they would as possible, and obviate the necessity of · THE GOVEilNOR'S SALARY th,nk, ~0 use the \Tords of Lord Eldon, that the3a

h k Mr. NICHOLSON, before movin.,. that the alt?':atwns "?ul~ sap the foundations of the eart wor by laying the rails on p\les. Rouse go into committee, would ask leave ~0 ~ntt>h C~nst1~uhon. But such fears were en· He would use light engines and carry amend the motion which stood in his name, so tlrely . chimeriCal Refo:.:m,. ~ot merely for light loa.ds, and co..ld thereby surmount that he might be enabled to bring in a bill on tbe ~he ft~e ~f ~ange, but Ju.dwwus reform, was

subject, instead of moving an address. His mo- me ctal m ,aw u.s \V?Il as m other th!ngs. He such a gradient as on9 in sixty. Heavy tion, so amended, would stand as follo,vs :- ~<:"}d no'". I!roceed vntl~ the enumeration of the excaTations would thtls be avoided. We lhat this Roue resolve itself into a committ'e. cue proTlsions of the bill he proposed to intro­

of th~ \Yhole, f~r the pttrpose of considering t~e duce. By the. common law of Engla.~d, howe~er may here mention that Mr. Rosson, propnet.>: of bnnging in a bill to appropriate m~ny good pomts ofdef~nce a party man actiOn anoth i th •1 • a. suffiCient sum of :money to place the m1ght h:>Te, h.e was obhgcd to select one out of

· er O e gen. amen examtned, re- Licutenant.Goverl!or and staff, as regards salarie" them, by whteh he must abide. A law wa~ COII1lllends a plan for ascending gradients a~d dallowances, m the same foosition as tha& passed in Queen Aune's rci,.n allowing more as steep aa one in thirty. Instead of a ~e~ .6~n:~f~ti~d:~/~c~~l;!~. ~n~s~~~~i~ftt;fe~ defences th~n o~o to be brouil.lt for'!ard, but it t ti i solution take effect from· the date of His Excel- wns clogged w1th one condttion, v1z., that the

s a onary eng ne, he would employ the lency's lan~g in.the colony. co!'sent ?f ~he co~~ should be previously ob-locomot!Te attached to the train in haul- Leave bemg g1vcn to amend the motion the tamed. ThiS cond1t10n he purposed removin.,. ing Itself up by means of a chain fixed a•. IIouse went into committee, Mr. Snodgr~s in nnd allo,ving more than one defence to be at arfy the chair. time available. lle intended to make an tMtera· the top and bottom of the ascent. This Mr. NICHO~SON said th~t the act passed in ti<:n in t~1<; rules. of_ sp.ccial d~murre:. By a is a auggestlon of nG sma.ll importance 1~5!, and whtch was now m force, fixed the thirdprovlstono.fhisbill,lnanactwnagamstacor-

h L1eutenant-G~vernor's salary at £5000 per an- po~atwn tho wr1tcoul~ be served up()n the l\'Iayor

W ere heavy excavations- are so tedious num. The obJect of the present motion was t:> or Town Clerk, and thiS be a legal summons ; thus and exptnsive. raise it to £10,000, being the amount fixed by a l>reat d.ifflcl~lty would be avoided, a eorpo·

the New Constitution Bill. He thou,.ht the ratiOn bemg m the eye of tho law a mere Mr. Learmonth's plan is the same as Reuse would agree with him in thinkfug that nonentity •. (A laugh.) He also proposed t()

that recommended by Col. Cotton in his the former sum was totally inadequate for the n~low n Jn~ge . power to make an im:ne-work on Indian railwa..-s (which we intend purpose. llis Excellmcy hod been received in ~mte alteration m a. summons, where it wfn

J the colony mo~ hospitably ,and with the warmest mcorrcctly wor~ed, ~n place of its being, shortly to review), and partially carried out welc_ome; and 1f he were expected to retutn any ~s now, set asid~ a,togcther .. An alteration by him in that country. The estimated cos~ portwn of those hospitalities, he would m t~c law regardmg what mtght be deeme;l

h certainly require the whole amount of salary adtn~tted debts was another subject which he

ere- is put SO low as .£2000 per mile. which. the motion proposed to give him. There ha~ mtroduced. There wa~ a class of cases to Considerln3 that this system is proposed were mstances of a single ball costing £3000 or wh1~h no defence \l'as ever mteu.dc~ to be mo. de,

d i £4000, or even £6000; and that was sufficient t() but m whicho~cvertheles~ the plmnttffwas put to un er no mean 11anct on, we are surprised shew that the hospitalities which might reason- the expense of a declaratiOn. He proposed in all that jthe Commission ha.ve paid no atten- ably be expected from the Governor could not ruch cases to do away with that declaration. tion to it in thiir report, nor even soli- he properly exercised by him as matters stood at In an action at law, prey-iously to the jury being

present. Connected with this subject waa that sworn, a. party could w1thdraw the case ; after cited th. opinion of other engineers upon of the sal:>1·ies of -the Governor's staff. Under ~tat, hovrenr, enn should witnesses, which was it. We do no~ profess to have any the-present law the staff were provided for upon often the ease, be absent, it could not be with-

the estimates, to the amount of above £4.000. drawn, and a nonsuit was frequently the result. opinion onl'ielves upon its absolute merits; ny the present motion £5000 would be He proposed to allow the ease to be withdrawn but we Tenture to say that, unless Col. appropriated to that .purpose, so that the increase cwn. after t~e j~y had _been sworn, on the party Cotton and Mr. Learmonth be wholly wo~d be only £1000. The Private Secretary 30 Wlthdra"':mg I.t paymg the co~ts of the day.

rcc~Ived at presed i>uly £700. a year, a sum A!'l alteratiOn m the back-datmg of writs in error upon tho 1111bject, their plan wh1eh he thought all would ll{!;ree was quite iu- c! subpoon.a was also proposed. In ac· seems to offer the speediest solution ·'of adequate. When that amount was voted the twns for CJectment an alteration was contem·

• circumsta.nees were different from whr•t 'they plated, which would do away with a great de~l the prolJlem of internal communication. wc1·e now. The gentleman who filled the offic~ of the ceremony a.nd nonsense now in use. He

Mr. Learmonth also furnishes some at that time held other appointments, and on. would mention ?ne cas~, that of a party of the 1 bl 'd l that !ICCOunt the vote was specially made sma.ll. n!'me of Hu~ohmson, m Sydney, where fifty-six:

va ua • eTl ence on P ank roads, which 'l'bere would after this, he apprehended, be no d1fferent actiOns were illl!tituted, 'vhile under the he conalders »till more suitable to our rufferance _of ?Pinion as to the expediency of the proposed !'~rangement nine would be sufficient. present circumata.nces. The follewlncr amountbemgmcreased. Thereweresomechan.,.es One provlSlonhewouldnow name, which wa3

G about to take place in Sydney; which would p';:0 • much required by the judges. It wns to give them citation!! appear to apprehend the true. bablp.-eigh with the House, in favor of the motion. the power of compulsory reference to arbitration. bearings of the question ~ Sir William Denison had been appointed G()- be!ore .a. tria.!, wher? the cage involved the ex·

1240. Your •pinion then balances between tllese vcrnor of New South Wales, a.nd it was sta.te.l llmmatwn of complieated accounts, &c. As the two deacriJ?.tlons ofroadsf-Yea,:and assisting as ju the "Colonial Times" newspaper, that he was law at present ~tood_, such cases were generally far as J.WilSible the natural roads we have· there to be merely Governor of that province, and not settled by ar?Itratwn after th~ trial. He ,PrO· are few line1 o,n which 11 plank road or tramway Governor-General of the Australian Colonies; and posed that the Judge should appomt one arbttra-would be necessary. further, that it was supposed Sir Charles Hotham tor, an? each of. the parties one. The power of

1241. Would &ueh roads be sufficient for the ld b ted G G d lead had b 1 wants of the ~lony?-Yea. The question seems won e appoin overnor- eneral. He (Mr. amen mg p mgs . een recent y enlarged; to me to f!e this: Will the people wait fifty years Nich()lson) felt confident that Sir Wllliam Deui- one claus? in the b11l proposed to extend that to get railroads o» whloh a speed of fifty miles an s;on would not be Governor-General Whether power still flll'ther. The law regarding actions hour can be obtained, or will they at once have Sir Charles Hotham was to be so, it was not for :tor trespass required alteration. By the presenli­o~& on whloh they can travel at a rate of ten · him to ~ay, but it was undoubted that Sir Charles lnw, for instance, lf a person applied tor the miles an hour! would be either Governor-General of the A us- liquidation of «debt, and was kicked out of the

1262. You do not ihinl: that the extra cost that ] h t b · tw · · would be entailed. would be justified by the in- tralian Colonies or Governor of Victoria. We touse, e mus rmg o acbons,~ne . for the creased speed att!Wled !-I do not know any oae :should not have a Governor over us at Sydney. debt, and one for the assault. He now pl'Oposed line where the enormous cost of £10 ooo or £12 OOO· :But without reference to that, he felt that His tonabling thia to be done in one action. (one estimate is as high as £40,000) a 'mile, the verY' :Excellency-'s pt·esont salary was inadequate, and Where two parties ngreed as to an amount, in lowe11tsnm thatcan be estimated, would bejustifred_ he believed the House would be of the same freight for instance, bnt disagreed as to which of ·

1245. 18 U that YOil consider there is not enOU"h- · JH ) · th 1' bl h sed to -tratllo topay?-I doubt if the traffic on any country opmion. ear. em W111! ta e, e propo enable them to line would Hturn colonial interest upon a sunk Mr. A NAND sttid that he could not allow settle the matter without bringing an action for capital of £lll,Oot a mile, added to the enormous the address of the hon. mover to pass with()ut the amount. 'l'here were other provisions iu the :firit eost,repairsand management efrolling stock remark. While willing to accord to the Lieu- bill which he need not then bring before the eommenslll'ate to'o!!•ch aline; but that is ofless con! t< nant-Governor the amount proposed, he must ~ouse. One more he would name which pro­sequence tha.n tne delay: attendant upon the ex:- tny that he did not care a straw for all the balls Tided that COitS should not be allowed at ~QVJ,iQilO{ eucha wor~ The p:tfect grading, ex:. fat might be given by His Excellency. (Alau"h.) the Supreme Court in cases where damages I

• o to the a.mount Q( ~10 OWl w~N aJ).owed. Such