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VOTES AND PROCEEDINGS OF THE

LEGISLATIVE COUNCIL.

WEDNESDAY, 28 SEPTEMBER, 1853.

1. Council met pursuant to adjournment; the Speaker took the Chair. Messages :-The following Messages from His Excellency the Governor General,

received and read :-(1.) Sydney Port and Hamlets Police Bill :-

CTI5· A. FITZ ROY llfessagc No. 45. Govcrno1• General

In accordance with the provisions of the Act of Parliament 5 and 6 Victoria, cap. 76, the Governor General transmits to the Legislative Council the Draft of a Bill intituled, "A. Bill to make fu7•tlter Police Regttlations for tlte City, " Port ancl Hamlets of Sydne!J."

Government House S!Jd1wy 28 Septembe1• 1853.

Ordered to be printed, together with the accompanying Bm, and taken into conside­ration to-morrow. (2.) Further Gratuity to E. IT. Hargraves, Esq. :-

CHS. A. FITZ ROY Message No. 46. Gove1·no1' Ge11eral.

The Governor General with the advice of the Executive Council having reviewed his decision with respect to the amount of gratuity to be awarded to :Mr. Edward Hammond Hargraves as the first discoverer of Gold in this Colony, invites the Legislative Council to appropri<ttc the further sum of Four thousand pounds for this purpose, which, with the sum now on the Estimates and the amount already received by Mr. IIargraves, will make an entire gratuity of ten thousand pounds.

2. The Governor General with the further advice of the Executive Council also recommends to the Legislative Council the appropriation of One thousand pounds as a Gratuity to l\Iessrs. William Tom junior, Mr. James Tom and l\Ir. John Lister, who are considered to have been instrumental in a. subordinate degree in the discovery of Gold. Gove1'11.11tent House

Sydney 28tlt Septembe1• 1853. Ordered to be printed and taken into consideration on Tuesday next. (3.) Salaries of City Commissioners :-

Cti5· A. FITZ ROY Message No. 47. Governo1· General.

Referring to the Bill which was transmitted to tho Legislative Council in the Governor General's Message of the 21st Instant No. 41, intituled " A Bill to dissolve " the Oo1p01·ation of tlle City of Sydney, and f01' the appointment of Ocmmn'ssione~·s " in lieu tlte~·eof fo1' a lirnited pe1·iod," His ExcAllency now invites the Council to fix the Salaries to bo paid to the City Commissioners, at the following rates namely, Chief Commissioner, Eight hundred pounds per annum-Two Commissioners at Five hundred pounds per annum each.

2. The sums so to be fixed will be regarded as the permanent Salaries of the Commissioners, who will however be entitled to receive in addition the temporary increase authorized for Officers in the Civil Service of the like standing. Govel'lltnent House

Sydney 28th Septembe1' 1853. Ordered to be printed and taken into consideration in Committee on the Sydney Corporation Abolition Bill.

2. .Assent to Bill :-The Speaker reported that His Excellency the Governor General had beeu pleased to give the Royal Assent to the Gold Fields' Management Bill.

3. Melbourne Sydney and Ad~laide Chartered Bank Bill :- Ml.·. Wentworth, as Chair­man, brought up the Report from the Select Committee for whose consideration this Bill was referred on the 23rd instant. Ordered to be printed.

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4. Appropriation Bill :-The Auditor General moved, pursuant to notice, for leave to bring in a Bill for applying certain sums arising from the Revenue receivable in New Sout h Wales to the service thereof for tho year 1854, and for further appropriating the said Revenue. Question put and pnssed,-And the Auditor General having p1•esented the Bill, Bill, intituled, "A Bill jo1· " applging cel'fai7~ Sltnts a1•ising fi'OIIl the Revenue 1·eceivable in New South Wales " to tl!c Se1·vice tlte~•eof, jo1' the Yea1· one thousand eight hund1·ed and fifty-Jow·, and ·' fo'' ju1·tlw· appl'opriating tlte saicl R evenue," read a first time; ordered to be printed, and read a second time to-morrow.

5. Sydney ITamlets Police Bill, on motion of the Colonial Secretary, read a third time, and passed. The Colonial Secretary then moved, That the title of this Bill be, "An A ct to " e:ctend to tlte Sydney Hamlets ce1·tain of tl1e p1·ovisions of the Sydney Police Act ." Question put and passed.

6. Sydney Sewerage Bill :-On motion of the Colonial Secretary, the Speaker left t he Chair, and the Council resolved itself into a Committee of the whole for the further consideration of this BilL The Chairm:m having reported the Bill with amendments, the Council ordered the adoption of the Re1)ort to stand an Order of the Day for to-morrow.

'7. Sydney Water Bill :-On motion of the Colonial Secretary, the Speaker left the Chair, and the Council resolved itself into a Committee of the whole for the further con­sideration of this Bill. The Chairman having reported the Bill with amendments, the Council ordered the adoption of the Report to stand an Order of the Day for to-morrow.

8. Foreign Steam Navigation Bill :-The Colonial Secretary moved, That this Bill be now " read n third time." The Attorney General moved, That the Question be amended by the omission of the words "read n third time," with n view to the insertion in their place of tho words, " re-committed with a view to the further consideration of Clause II." Question-That the words proposed to be omitted stand part of the Question-put and negatived. Question-That the words proposed to be inserted in p1ace of the words omitted be so inserted-put nnd passed. Question-That this Bill be now re-committed with a view to the further considera­tion of Clause II-pnt and passed ; Whereupon the Spen.ker left the Chair, nnd the Council resolved itself into a Com­mittee of the whole accm·dingly. The Chairman having reported the Bill with further amendments) the Council adopted the same, and ordered the Bill, as so reported, to be read a third time to­morrow.

9. Savings' Bank Bill, on motion of the Colonial Secretary, read a third time, and passed. The Colonial Secretnry then moved, That the tHle of this Bill be, " An Act to amend " and consolidate the L aw 1·elating to tl1e Savings' Bank of New South Wales." Question put and passed.

10. Paper :- The Colonial Secretary laid upon t.he Table the Return to the Address in reference to the Sale and Lease of Crown Lands, adopted, on motion of l\11-. l\Iurrny, on the 16th instant. Ordered to be printed.

11. Police Recruiting Bill :-The Inspector General of Police moved, That this Bill be now read a second time. Debate ensued. Question put nnd passed; Bill read n second time,-Whereupon, on motion of the Inspector General of Police, the Speaker left the Chair, and the Council resolved itself into a Committee of the whole for consideration thereof. The Chairman reported progress, and obtained leave to sit again on Tuesday next.

12. Water Police Regulation Bill, having been rend n second time, on motion of the Colo­nial Secretary, the Speaker left the Chair, and the Council resolved itself into a Committee of the whole for consideration thereof. The Chau:man reported progress, and obtained leave to sit again to-morrow.

13. Postponement :-The second reading of the Sydney Corporation Abolition Bill postponed, on motion of the Colonial Secretary, until to-morrow.

14. Quarantine Bill Reported :-The Report of this Bill from the Committee of the whole Council hnving been adopted, on motion of the Colonial Secretary, the Council ordered the Bill, as i!O r eported, to be read a third time to-morrow.

15. Newcastle Coal and Copper Company's Bill :-Mr. Cowper moved, pursuant to notice, for leave to introduce a Bill to Incorporate the Newcastle Coal and Copper Company. Question put and passed;- Ordered, That the Mover and Seconder prepare and bring in the Bill.

16. Motion withdrawn :-l\Ir. Cowper withdrew the motion standing in his name second on the Notice Paper of Other Business for to-day.

17. Newcastle Coal and Copper Company's Bill :-Mr. Cowper having p1•esented this Bill, and produced a Certificate that the sum of twenty-five pounds had been pnid into the Colonial Treasury for the public uses of the Colony, and in support of the Govern­ment thereof, 'J>Ursuant to the requirement of the 54th Section of the Standing Orders, Bill, intituled, " A Bill to I11corp01'ate the Newcastle Goal and Oopper " Company, and (o1· otltc1· pu1'Poses therein mentioned," read a. first time.

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Register<:d Assurances Bill :-1\Ir. Wentworth moved, pursuant to notice, for leave to bring in a Bill to render Attested Copies of Registered Assurances unnecessary. Question put and passed;- Ol'de1·ed, That the :Mover and Seconder prepare and bring in the Bill.

Registration Bill :-The Attorney General moved, pursuant to notice, That the Com­mittee of the whole Council on the Registration Bill, intenupted for want of a Quorum on Wednesday the 21st instant, do now resume. Question put and passed; Whereupon the Speaker left the Chair, and the Council resolved itself into a Com­mittee of the whole accordingly. The Chairman reported progress, and obt-ained leave to sit again to-morrow, with the understanding that the Bill be placed upon tho Paper of Government Business.

Registered Assurances Bill :-i)1r. Wentworth having p1·esented this Bill, Bill, intituled, " .A Bill to 1"endc1• Attestecl Copies of Registe1·ed Assw·ances unnccessa1'y1" read a first time; ordered to be printed, and read a second time on Friday nuxt.

Australian Subscription Library Bill :-Mr. Cowper moved, pursuant to notice,-(1.) That tho Australian Sttbscription Library Bill be referred for the consideration and report of a Select Committee, to consist of eight Members exclusive of the l\Iover. (2.) That the 1\icmbors of such Committee be :M:r. Allen, Mr. Campbell, The Postmaster General, Dr. Douglass, l\lr. Jeffreys, Captain King, Mr. Holroyd, and l\Ir. Martin. Question (1.)-That the Australian Subscription Library Bill be referred for the consideration and report of a Select Committee, to consist of eight Members exclusive of the l\Iover-put and passed. Question (2.)-That the ~iembel's of such Committee be Mr. Allen, l\Ir. Campbell, The Postmaster General, Dr. Douglass, Mr. Jeffreys, Captain King, Mr. llolroyd, and i\Ir. Ma1·tin-put and passed.

Constitution Bill :-l\Ir. Park moved, pursuant to notice, That the Petition presented by him yesterday, from Dungog, praying that the Council will not countenance the non-elective principle in the establishment of an Upper llouse, be printed. Question put and passed. Ordered to be printed.

Postponement :-~'he second reading of the l\Iarriage Bill postponed, on motion of the Attorney General, until to-morrow, with the understanding that it then take prece­dence of all other business.

Hunter River Railway Company's Bill :-On motion of .l.'rir. Nichols, on behalf of Mr. :Martin, the Speaker left the Chair, and the Council resolved itself into a Committee of tho whole for consideration thereof. The Chairman having reporwd the Bill without amendment, tb.e Council adopted the same, and ordered the Bill, as so reported, to be read a third time on Friday next.

Australasian Coal Mining Company's Bill, having been read a second time, on motion of .Mr. Cowper, the Speaker left the Chair, and the Council resolved itself into a. Committee of tho whole for consideration thereof. The Chairman having reported the Bill with amendments, the Council adopted the same, and ordered the Bill, as so reported, to be re!Ul a third time on Friday next.

Council adjourned at a quarter after Seven o'clock, until to-morrow, at Three o'clock.

NOTICES OF MOTION AND ORDERS OF THE DAY.

THURSDAY, SBPTEM13ER 29. Contingent-Consideration (in Committee on the: Sydney Corporation Abolition Bill) of

Governor General's l\Iessage No. 47, proposing the Salaries of the City Commissioners. 0TIIER BUSINESS-ORDER OF THE DAY :-

1. :\Iarriage Bill; second reading. GovERNi'oiENT BusiNESS-ORDERS oF THE DAY :-

1. Sydney University Building Fund Bill; third reading. 2. Consideration of Governor General's Message No. 45, with Sydney Port and Hamlets

Police Bill. 3. Appropraition Bill; second reading. 4. Sydney Sewerage Bill Reported; Adoption of the Report. 5. Sydney Water Bill Reported; Adoption of the Report. l.i. Foreign Steam Navigation Bill; third reading. 7. Water Police Regulation Bill; to be further considered in Committee. 8. Sydney Corporation Abolition Bill; second reading. 9. Quarantine Bill; third reading.

10. llegistration Bill; to be further considered in Committee. OTHER Busnmss- NOTIOES OF l\IOTION :-

1. l\In. WEXTWORTII to move, That the Melbourne Sydney and Adelaide Chartered Bank Bill be now read a second time.

2. MR. CowPER to move,-(1.) That the .Kcwcastle Coal and Copper 'Mining Company's Bill be referred for the consideration and report of a Select Committee, to consist of eight Members exclusive of the .Mover.

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(2.) That the Members of such Committee be Mr. Allen, the Chief Commissioner of Crown Lands, ~Ir. J effreys, Dr. Douglass, Mr. Flood, Mr. Nichols, The Attorney General, and .1\Ir. Park.

ORDERS OF TllE DAY:-

1, New South Wales Coal and Inter-Colonial Steam Navigation Company's Bill; second reading.

2. Scab and Catarrh in Sheep Bill; to be further considered in Committee.

FRIDAY, SEPTE~ffiER 30.

NOTIOES OF MOTION :-

1. !11R. 1\-IARTIN to move, That an Address be presented to the Governor General, praying that His Excellency would be pleased to cause to be laid upon thEl T:tble of this House, a Retum shewing :-(1.) The names of such Members of the Senate of the University of Sydney as are absent from the Colony, with the dates of their departure. (2.) Whether or not leave of absence has been given by the Senate to such Members, and whether any steps have been taken, or are about being taken, to declare the seats of such ~!embers vacant and to elect other :Members in their stead. (3.) The number of :Members who have attended at each meeting of the Senate since its formation. (4.) Whether either of the Members absent from the Colony are Graduates of any University.

2. MR. ~IARTIN to move,-That an .Address be presented to the Governor General, praying that His Excellency will be pleased to cause to be laid upon the Table of this House, a Return setting forth:-(1.) Copies of the Information, Warrant, and Depositions, and of all other proceedings taken in the case Hill v. Cooper, for assault, respecting which a complaint was recently made by the «efendnnt to Ilis Excellency the Governor General. (2.) Copies of all Correspondence between Mr. Cooper and His Excellency respecting such case, and of all proceedings taken by His Excellency in reference thereto, as well as of the opinion of the Law Officers of the Crown, and the decision of the Executiye Council thereupon.

3. l\IR. COWPER to move, That an Address be presented to the Governor General, praying that His Excellency will be pleased to cause to be laid upon the Table of this Ilouse, a Copy of the Oorrcspondcucc between the Colonial Government and the Postmaster General, in reference to the loss of a Registered Letter containing a Bank note for £50, and of the Report of the Boat·d appointed by the Governor General to investigate and report upon the circumstances.

4. MR. CowPER. to move, That an Address be preecnted to the Governor General, praying that His Excellency will be pleased to cause to be laid upon the Table of this House,-(1.) Copies of tbe Informations, Warrants, Depo&itions, and of all other proceedings taken in the case of Prout v. Chard, for malicious injury, respecting which a complaint was recently made by the Defendant to the Inspector General of Police. (2.) Copies of all Correspondence between the Inspector General of Police and Mr. Ohard, I'especting such case.

ORDERS Oll' TllE DAY.

1. Compulsory Vaccination Bill ; to be considered in Committee. 2. Friendly Societies Bill Reported; Adoption of the Report. 3. Prohibition and Amendment Bill; to be further considered in Committee. 4. Registered Assurances Bill ; second reading. 5. Hunter River Railway Company's Bill ; third reading. 6. Australasian Coal Mining Company's Bill; third reading.

TUESDAY, OcTOBER 4. GOVERNliiENT BUSINESS-QRDER.S OF TllE DAY:-

1. Consideration of Govemor General's :Message, No. 46, proposing further gratuity to E. H. Hargraves, Escf., and the Messrs. Tom and Lister.

2. Police Recruiting Bill ; to be further considered in Committee

TUESDAY, DEOEl\ffiER 6.

Memo-Call of the House to-day, pursuant to Order of 9th September last.

ORDER OF THE DAY :-

1. Constitution Bill ; to be considered in Committee.

CHARLES NICHOLSON, Speaker.