10
53 //
I deliverin
appellant fivering judgement against the Lad Chancellor Cranworth said, -
"The main point, therefore, tobe first con. whether the statute perts
sidered
гад
an end to the right. Now, it would be much retted if the Nonce evere tibe bound b constive that statute so strictly
ad Vas
contended
for by
a.
the appellant. Indeed, it would be a monstrous thing tohold that public right which had existed
up to that time immemorial could by a side-wind by make a clause
as that statute contained, be thus
His
Drept away and extinguished. Lordship then grested the statute,
and concluded with saying,
that it was not to be constrved strictly, but was merely intended to make an arrange_ ment between the trustees of the river navigation and the appellant; buit as to the rights of the public to the in question, it just left these
then it where it found
ways
rights
neither
gave
took away?
(Scotoman, day 11, 1883.)
Upon the some principle, Yom allemoniake/
"
that it would be
would respectfully submit to your Grace, monstrous thing to hold thint a public right which had existed up to that time / from the first day of the Colony,) could by a side wind. by such a clause
that statute (Ordinance)
ад
aná
Contained, be this swept away and extinguished. and that too under show of amending the laws gevernment of British subjects __ for amend and not repeal is the term rised in the title and preamble, the 29th Seation of Ordinance of 5th Ircy, 1846, " constituting a braal Court of Error and Appeal "being the only expressly repealed.
one
12. Under the circumstances now sel
your
whether
forth, your Memorialist approaches
Grace, beseeching that if it should appear to the legal advisers of the Crown that Henghing has this been deprived. J important rights and privileges, steps may be adopted for restring them; and
or not the present operation of Lnd Campbell's stat within the colony be amsidered doubtful, your humbly suggests, that, in order to put it beyond the power of any lieges, Chief Ireative of England said recently, (Soi Charles Napier V. Mlunay,) was often vexationsly and Zyrannically enforced, a
under
Alemorialist
one loves the an old law, which the Lord
declaratory Order befoped, anchoritatively setting
or Ordinance should
question at rest.
the
13. Nem Memorialist, desirous to have a division regarding
Lord Tumpbell's hot
a
by the Hongthing Cems, made proposal to that effect; but the Plains tiff under the advice of his lawyers,