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.
4-
433
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in view between "Purpresture" and "Anivance.
the
arises when
former wrises uny
encroachment is made on the property of
the Crown without License. It as
invasion
of
an
"the "privatum qus" of the Indre-
Sre The Alternag
brown. In such cases
proceedings
are
taken by Information or Writ of Intrusion
or otherwise
by
The Allorney General.
A "Anuisance" is a violation of
the gus Publicum and it often happens
"
that a Auisance" in
a Port is accompanied
by a "Turpresture". In the present rese
however (as no
case
License appears to have been given by the Crown) there appears to be a Pureforesture but
whether the vrections in question
jare
"
"
Nuisance
14
or not is a
a question.
V
Richards
2 Ansh 603
ik me
The Mor any To ne
Jones
b Law Times N
605
S
of fact.
071
which I am snuble at present
to express any opinion.
If the wharves are deemed sucessary.
for the public
service. mo doubt a License
no
despect them would be e granted
application to the proper quovider, and
it is haretly necessary to point out that
in this koolony
the Governor alone
rapresents the Crown
the Coolonial Government are
bound to see that these things
#
ޔ
regle
in order to avoid
done
any future
complications, which might arise;
GL
for
instance upon tre-sale
F
these
Lots to a private individual; in such
order.
a case the krown Rent (which by of the Secretary of State is suspended
DE
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