433
In view between "Purpresture" and "Nuisance" arises when the former arises any encroachment is made on the property of the Crown without License. It is an invasion of the "privatum jus" of the Crown. In such cases proceedings are taken by Information or Writ of Intrusion or otherwise by The Attorney General.
A "Nuisance" is a violation of the jus Publicum and it often happens that a "Nuisance" in a Port is accompanied by a "Purpresture". In the present case, however (as no License appears to have been given by the Crown) there appears to be a Purpresture but whether the erections in question are a "Nuisance" or not is a question of fact.
Richards 2 Anst 603, Jones Law Times N.S. 605.
On which I am unable at present to express any opinion.
If the wharves are deemed necessary for the public service, no doubt a License would be granted on application to the proper quarter, and it is hardly necessary to point out that in this colony the Governor alone represents the Crown. The Colonial Government are bound to see that these things are in order to avoid any future complications, which might arise; for instance upon the sale of these Lots to a private individual; in such a case the Crown Rent (which by order of the Secretary of State is suspended.