(111)

be valuable for agricultural pursuits. If the par-
ties had titles in fee simple, they could then make
townships; the leasehold would not be valuable
for this puspose.

The Governor.-The Bill was criginally framed
upon that principle, until the addresses were re-
ceived from Kororarika. If grants were made in
fee simple, in accordance with the opinions of the
Attorney-General, towns would rise up in every
direction, when probably the Council would be
called upon to tax uncultivated lands.

Mr. Earp said, every one would agree to that.
When this done the colony would rapidly advance.
-If a man possessed a large quantity of land, the
greater part of which was uncultivated, and for
which uncultivated land he had to pay a tax, he
would immediately endeavour in England, or the
adjacent colonies, to sell portions of his land to
people who would settle upon and cultivate it;
this would answer his purpose, for in the first place
he would thus diminish the amount of his annual
tax, and in the second, he would derive capital
from the sale of his land.

His Excellency thought that the fraud
would be practised by such a measure would
be inconceivable, and would require all the vigi-
lence of the Government to prevent it.

Mr. Porter said, that many had stated that they
would prefer that mode to any other.

The Colonial Treasurer said no Bill of that des-
cription could be carried out in this colony, for
there would be nothing but grumbling and
growling until a fresh and more wholesome one
was substituted for it.

Mr. Earp said, he should very much like to
have a grant of 10,000 acres, on condition of
paying a small tax.

The Governor replied, that he should be glad to
gratify the honorable gentleman with 10,000 acres,
on receipt of £10,000 as purchase money.

His Excellency then put the question that the
further consideration of the Bill be adjourned
sine die, which was agreed to unanimonsly.

The Council then adjourned.

Friday, February 8, 1842.

All the Members were present, except Mr.
Earp.

The minutes of the previous Council were read
and confirmed.

THE LICENSING BILL.

The Colonial Secretary having moved the or-
der of the day,-

The Attorney General moved that the Council
do consider the Licensing Bill in Committee;
which was seconded by the Colonial Treasurer
and agreed to.

The Clerk of Council then proceeded to read
the bill, when clauses 1 to 11 were agreed to
without alteration.

Clause 12 having been read, Mr. Clendon
moved, according to notice, that in the 73rd
line, after the word "recognizances," the re-
mainder of the clause be struck out, and the
following words inserted;" to the Registrar
of Deeds in the district, to be filed in his office."

His reason for moving the amendment was, that
the jurisdiction of the County Courts only
extended to £10, while the parties were, by the
bill compelled to enter into recognizances, with
two sureties, in the sum of £50, with certain
forms and conditions.

The Attorney General explained that the re-
cognizances of licensed persons under the act
would be forwarded to the Registrar of the dis-
trict. In England, where District Registry
Offices have not been established, these docu-
ments were forwarded to the Clerk of the Peace.
In this Colony there are no Clerks of the Peace,
but Clerks of Courts would keep an account of
these documents, and forward them to the proper
quarter.

Mr. Clendon then begged permission to with-
draw his amendment, and it was ordered that the
original clause do stand part of the bill.

Mr. Clendon then moved that the 13th clause
be expunged. In 9 cases out of 10, he said, parties
infringing the law have not personal property to
the amount of the fine, and, therefore, unless
you levy on real property how is the £50 to be
recovered? The sureties are the parties who
must be looked to.

The Attorney General-If the property and
effects of the licensed party is of little value, it
is for the Police Magistrate to see that the sure-
ties are sufficient for the payment of any penal-
ty that may be incurred. Should there be rea-
son to suppose that the property of any party
offering himself as surety is encumbered, the
fact can be ascertained on applying at the office
of the Registrar of the District.

Mr. Clendon-I have known several instances
where parties have contrived to erect a weather-
boarded house, commenced selling spirits, and
other liquors, when their furniture and effects
would not, if put up for sale, realize five
pounds.

The Governor-In such a case the sureties
would be made responsible. The Crown would
always be first served.

Mr. Clendon expressed himself satisfied with
these explanations, and withdrew his motion.
It was then ordered that clause 13 do stand part
of the bill.

Clauses from 14 to 18 were then severally read,
and agreed to without alteration.

Mr. Clendon then moved that the following
words be inserted between clauses 19 and 20:
"The Governor shall have power to grant a
license at any period of the year, upon petition
signed by two justices as aforesaid, subject to the
provisions herein contained."

The Attorney General-I think it may be advi-
sable to introduce a clause to provide for the licen-
sing of houses in new Settlements, now forming,
or which are about to be formed, such as Nelson
and New Plymouth. I would propose that it
shall be a general clause, authorising the grant-
ing of licenses at other periods of the year than