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able; which course he thought was more convenient and would cause less alarm on the native mind. A great many of the new provisions were not absolutely necessary for the public welfare. It was a nice thing to get the city, built in a uniform style, and if we had a M. Haussman here we might have a boulevard; but he saw little use for all the clauses beyond those to prevent accidents.
H. E. wished some of the objectionable clauses pointed out. Any inspection by the Surveyor General he defied them to provide for so that it would not have a harsh look. But not to make some provision, in the face of the public safety from fire, etc., would not do.
The A. Chief Justice drew attention to Section 9, which he thought ought to be altered in its terms. It said “All works shall be under the survey and inspection of the Surveyor General, and shall be commenced, resumed, prosecuted and completed with due observance of this Ordinance," and of rules. This had given rise to the idea that the Surveyor General inspected everything; and although he had not the power which it was thought he had, those words were calculated to mislead.
Hon. Mr. Gibb observed that it was not so intended, and he hardly thought it would convey that meaning.
The A. C. J. said that it was the general idea that the S. G. was omnipotent in those building matters, and the public ought to know exactly, before they began to spend their money, what they were to do and what they were not to do.
Hon. J. B. Taylor remarked that it was intended to restrain, not to add to, the power of the Surveyor General.
Hon. Mr Keswick also spoke of the absence of such intention.
The A. C. J. suggested that they should look through the sections.
The Colonial Secretary observed that he thought the public were unnecessarily alarmed at the length of the new ordinance. Now, of the new clauses, what were they but a few definitions, one or two exemptions, and a few rules regarding verandahs (the great cause of the spread of fires), sun-shades, cook-houses, dressing stones in the street. They were very simple, and he thought there was really nothing to be alarmed about.
H. E. remarked that, as to the preservation of property, they were entitled to see that the general security should be maintained, and to insist upon all persons regarding rules for the public safety, which latter could not be sacrificed to individual convenience.
Mr Keswick said that, as to the alarms spoken of, he had heard nothing of it out of the Council, and believed it did not exist. The whole objection was that of inconvenience, and much latitude ought to be allowed so long as the public safety was endangered. As to the Surveyor General, by defining his functions, they could easily see what could and what could not be done. He was well acquainted with the Ordinance, but he had not detected anything in its intention and meaning which could be seriously objected to; a great deal in the new ordinance had previously been done illegally; and the question should be settled, so as to show clearly what rules were to be observed in building in regard to the public safety.
Hon. Mr. Rowett said he had just received some valuable notes from Mr Diach, of the Engineer Department; and if the Council would adjourn the consideration of the ordinance, he would have these notes circulated. If they did not adjourn, he would take the liberty to remark upon each section, as new suggestions appeared on the notes.
H. E. asked what the main points of objection were.
Mr Rowett replied that there were a few leading points, one of which was the extension of power to the Surveyor General. In Section 9, rule 1, even the "stone or some other hard and incombustible substance" of any wall had to be approved of by the Surveyor General. So long as a wall was made of some hard and incombustible substances why should it require the approval of the Surveyor General?
H. E. fancied that was necessary.
Mr Rowett instanced the solid building of any cross-wall as another matter which did not require the S. G.'s approval.
H. E. hinted that some walls fell outwards, and often injured the public.
The Col. Secry. asked, was Mr B. going through the bill section by section?
H. E. remarked that he admitted it was very useful to take all objections possible before the bill became law.
The A. C. J. observed that, as every section had been regarded as necessary, he supposed that with a few technical alterations, the bill might stand. The word "owner," for instance, was very obscurely defined.
The Colonial Secretary admitted that was a section the Commission did not like.
The A. C. J. said the "owner" ought certainly to be the man who builds or lets a house and he alone ought to be the man to make any alterations required by the Surveyor General.
Mr Rowett begged to move that the bill be submitted to the consideration of a sub-committee, including the Acting Chief Justice, the Colonial Secretary and the former committee of non-official members.
The Colonial Secretary suggested that Mr Rowett's own name should be added; which was accordingly done.
Hon. Col. Treasurer seconded the motion; and the measure was accordingly referred, H. E. remarking that it was a large committee, and he hoped they would meet as soon as possible.
ORDER IN PUBLIC ASSEMBLAGES.
The Governor then brought forward for second reading the ordinance giving power to the superintendent of Police on shore, and the Harbor master on water, corresponding with that held by the Commissioner of Police in England respecting processions, &c. It was a power much wanted, as things had been done hitherto without that power.
Mr Keswick thought it might alarm the Chinese: could notice of any regulation or order not be given in the Government Gazette?
H. E. was of opinion they might kill the Chinese by over-protection of this sort: there would frequently not be time for such notice, but the Governor would always have a veto on any regulation.
The A. C. J. took objection to the title; so many things were appearing under the title of Good Order, &c.
H. E. demurred, but agreed to modify it by specifying the reference to public assemblages, &c. The Governor then remarked that it was now a model ordinance; and it having been read a second time and passed, it was numbered 10 of 1869.