728769-1845-12-Nov-1845 — Page 3

MOMURRAY & Co,

HAVE Just ortment of preserved provisions, AVE just received and have for sale a very consisting of Roast Veal, Potted Head, Boiled Beef and Fresh Salmon in 2 ib uns, Hotch Potch and Mulligataway Soups in quart tins, also Veaut Maninee, Cheshire Cheese by wholesale and retail, first quality Cork Butter in 10 and 12 lb jars, Dried Apples &c. &2,

Queen Road's and Aberdeen Street. Victoria, 28th October, 1845.

MCMURRAY & Co.

Bision Dealers and Commission Agents

DREAD aud Bisenil Bakers &c. general Pro-

Have for sale in addition to their usual supply of Bread, Biscuits &c., English bottled Beer, All- Bopps and Byasse's and Base's London Stout in

THE FRIEND OF CHINA AND HONGKONG GAZETTE.

FOR SALE.

AT the Stores of the undersigned Chatest: La- rose Claret, St.Julien, Gaiden Sherry, Allsops Pale India Ale in bottle and wood, Bass's October brewing in wood, also fine old Cognac in dozen

cases.

T

Queen's Road.

SMITH & BRIMELOW.

Victoria, 24th June, 1845.

SODA WATER

AND

ÆRATED LEMONADE

be obtained at the Manufactory of the under- signed. Orders punctually attended to

SMITH & BRIMELOW, Victoria, 24th June, 1815.

FOR SALE.

989

New South Wales-then the only Australian co-thorised to empower any one or more persons re-

Inny The Governor and other parties administer sident in the colony to make necessary laws, and ing the gov

government there had been in the habit to impose and levy such rates, duties, and taxes as af levying duties on goods imported into, or export may be necessary for the peace, order, and good go- cil frain, the colony but for this they had no legal vernment of his Majesty's subjects and others within authority. This was admitted by the Crown co- the said province or provinces." This is but a tem- unsel of England when, in 1819, they advised that porary arrangement--the termination of which is a bill of indemneity should be carried through Par- expressly fixed at the time when the population of liament to stay proceedings against any gover, the province shall amount to 50,000 smuls, but, even nor or other persons concerned în imposing and in this temporary arrangement, the principle, that levying duties in New South Wales This act Parliament alone can delegate the power to logislate (59 Geo. III, e: 114) also declared that any duties for and tax British subjects, is as explicitly recog levied before its passing might lawfully continue to nised as in the acts for the government of New be collected till the 1st of January, 1821; and that | South Wales and Van Diemen's Land

Boppe et Byckages, also Base's Beer in tlogs. B. «rosu' a quantity of Scotch Beer in Bottle 1923.

heads, Sherry in casks. Port. Sherry and Cheret wine in hottle, Best Gin, n 1 dozen cases, Wis key, Brandy, in bottle of different prices and qua- lities, Salmon, in 2 x tins, Herring, in Kegs, Hams, Provisions of Sorts, superior Brandid Fruits, Olive Oil, white Wine Vinegar, Gelatine, Marking Ink, Halle best sporting Gunpowder in 1 lb. can- nisters; also a small invoice of stationery just ar.. rived, consisting of gilt and black edged letter and note paper, overland Post paper. Envelopes Blot ting Books, Ladies and Gentlemen's visiting cards, Wafers, Steel pens of every sort, size and descrip tion, Sealing wax. best quality patent Steel buttons Manila Cigars of 1844; also, a few pieces of very superior Book and Swiss Muslins very moderate; English made Saddle Girths, and other goods too numerous to mention,⠀

Queen's Road and Aberdeen Street,

Victoria, 1st October, 1815.

CIRCULAR.

WHEN ONT

FRANKLYN,

SMPPING AND GENERAL COMMISSION AGENT, AND AUCTIONEER, CHINAM'S WHARF, VICTORIA,

H

AS For Sale all kinds of Ship and Cabin Stores, Wine and Spirits. Bottled Ale and Porter. Ditto ditto in Cask, and a variety of miscellaneous articles, (see advertisements) at Whole sale prices, in hot less quantities than one (ase, Piece, on Package. A liberal allowance made to the Trade,

Goons SOLD BY AUCTION AND COMMISSION, Goods received from alongside Ship and Stored in dry godowns on the most moderate terms.

Y the undersigned ex "John O'Gaunt" and

Tripe in Ja's, a few excellent Yorkshire hams, and an assortment of Scotch Tweeds and Plaid Shawls

MCEWEN & Co. Victoria, 1st November, 1845.

FOR SALE.

B

it should be lawful for the person administering | ⠀⠀ An “ Act to provide for the better Government of the government of the colony to impose a duty on South Australia was passed in 1842-the Act 5 spirits The provisions of this act were continued, and 6 Victoria, c. 61. By this act the former is re by another passed in 1820, till the 1st of January, pealed in all its provisions. It is then onsered that An act was passed in July, 1922 (3 Geo.it shall be lawful for her Majesty, with the advice IV. c. 95), authorising the Governos to impose of her Majesty's Privy Council, by issuing commis- and lary duties to a limited extent. The Act 4 sions, ty constitute within the colony a legislative Geo, IV., c. 96, authorised the Crown, by a war council, consisting of the Governor and seven other rant under the sign manual, to appoint a council persons at the least." It is also enacted that it shalt of persons resident in the colony, and gave to the be lawful for her Majesty, by any such commission and authority to make laws and ordinances for the vene a general assembly, to be elected the frohol- Governor and Council for the time being " power or commissions, or instructions, as aforesaid, to con peace, wellure, and good government of the said ders and other inhabitants of the said colony." This colony such laws and ordinances not being react, like the former, is perpetual, unless repealed. guant to this act, or to any charter, or letters The advisors of the Crown, taking advantage of no patent, or order in conncil which may be issued in period being fixed for the convening of this assern Pursuance hereof, or to the laws of England, but bly, have advised their toval Mistress merely to consisted with such laws so far as the circum-issue commissions for the appointment of a governor stances of the said colony will admit " The twenty- and legislative council. They maintain that Par eighth clause of this net declares the 59th Geo.liament has left to the Crown-that is, to themselven II. c. 114, and the sunsequent act continuing it, to determine when it shall be expedient to issue permanent; and clause twenty-seven prescribes summonses to nu elcctivo legislature. Under this the limits within which the power of taxation perpetual act they expect to evade the control of a excrcised by the Governor and Council under this local elective legislature and of the Imperial Par security shall be confined. It is clear from these liament to boot, And to the same and they keep acts, introduced by the Government of the day and renewing the temporary act for the government of sanctioned by Parliament, that the then opinion of Western Australia from year to year, instead of Parliament and the law advisers of the Crown was, seeking to give that colony a permanent parliamen that, without such Parliamentary sanction and de-tary constitution Their policy is to withdraw the Saturday the 15th November 1845, at 11 legation of authority, no Governor of Council colonial administration alike from the control of a o'clock at the Commissariat, the following laws for the colony, or impese taxes on the colo. But, in their anxiety to do this without awakening could legally and safely take upon them to make local legislature and of the Imperial Parliament. surplus and unserviceable stores.

the Undersigned, Sur' STORES of every description. Salt provisions, Flour, Canvas, European Rope, Anchors, Chains, Pitch, Tar, Varnish, Paints, Paint oil, Soap, White wine vinegar, Navy and Pilot bread, an assortment of Pickles, Sauces, Pre- served meats and Fruits, Hams and Cheese, Bass's Beer, Brandy and Gin. Also Wines in variety. MEWEN & Co. Victoria, 18th September, 1845, age FOR SALE:-By the undersigned.

Champagne, Hock,

Beer, and Sidnt, all of the first quality, EDWARD NEWMAN. Victoria th October, 1845.

TO. BE SOLD BY PUBLIC AUCTION BY C. MARKWICK. N.

Biscuit in Bag Salt Boef; Mustard seed; Vine gar; Atrack and Rice; also Gunny Bags and empty spirit and other casks

Victoria, 4th November, 1845. JUST RECEIVED PER & TE ARRIVALS

nista. The authority of the Governor and Coun- cil was solemnly recognised by the Legislature as of necessity derivative from Parliament

The same principle is recognised in the Act 9 Lion of Justice in New South Wales and Van George IV., c. 83, "to provide for the Admnistra

ment thereof." This act enacts that whereas it Diemen's Land, und for the more effectual Govern-

the suspicions of Parliament, they have overshot their mark. The South Australian Act delegates to the Governor in Council the parliamentary power of legislation, but to the elective Assembly and the power of taxation. Until such an assembly is sum Governor alone does it attribute the parliamentary

gally competent to impose or levy taxes. |moned there is no authority in South Australia le-

The nu.

Goods, Letters, and parcels forwarded, and bus Cider, Hams, Wine, Bitters, Cordials. Soaps may be necessary to make laws and ordinances in merous acts relating to New South Wales and Van

ness transacted for parties absent..

Victoria, 13th May, 1845.

W.

NOTICE

H. FRANKLYN begs to give notice that his sale advertised to be held to-morrow Thursday 13th instant will commence at 9 o'clock

instead as 11, of before announced.

FOR SALE WITHOUT RESERVE. N Saturday next 15th instant, Mr Franklyn

O his dous next Pedders Wharf

Queen's Road at 11'o'clock in the forenoon.

50 Chests Gungah. ⠀⠀

Victoria, 12th November, 1845.

THE Schooner ALPHA," well manued Tand armed, runs between Hongkong Macao or Commsinginoon, as required; carrying. cargo Opium,Treasure and Passengers, at most mo• derate terms.

W. H. FRANKLYN. Chinam's Wharf.

Victoria, 5th September, 1845.

HOUSES. EVERAL Houses in Peel and Gage Streets at very moderate rents to let or sell; also a few eligible lots of ground in a central position. Ap ply to

WH. FRANKLYN Chinam's Wharf.

ON

N Sale a few Boxes of Old Manila Cheroots

No. 4. in boxes of 500 Apply to

W. H. FRANKLYN.

Chinam's Wharf, Victoria, 29th September, 1845.

A HORSE,

THE Subscriber begs to call the attention of

Ladies in want of a Saddle Florse to the two quiet and well trained Manila Ponies which he now has on sale.

JT. BIRDSEYE.

A

Victoria, 28th October. 1845.

"NOTICE: Napartement to let at Mr G. Durvio's French taylor, with or without heard, on moderate erms, apply to the undersigned.

C. DUPUIG. Victoria, 26th Septeinher, 1845.

CIRCULAR

MONS. C. DUPUIG- TAYLOR AND DRAPER FROM PARIS. DEGS most respectfully to inform the Gentry tablishment from Macao to Hongkong where he Intends conducting his Busines in all its branches and trusts by strict attention, to merit a share of the Public patronage which he has for this last two

Banil the Pablic that he has femoved his Es.

years received:

AND FOR SALE. UPERIOR Butter and Cheese; Chempaigne,

and Perfumery, Sarsaparilla, Dried Apples, To- bacco, Soda Water, Corn Meal, Oil Cloths for Floors, Day and Martin's Blacking. Rezor Strops, Turpentine, Varnish, Nent Tongues, Looking Glasses, Pilot Bread, Russia and Catton Canvas and Twine, Port Wine, Limou Syrup;

Two Handsome Parlour Writing Desks. P. TOWNSOND. Victoria. 13th October, 1845,

JUST RECEIVED AND FOR SALE. SMALL quantity of Grindstones, fitted for family use, also Pilot Bread, Tobacco, Beef, Pork, Cherse, Hams, Batter, Umbrellas, and a few tins of American water Crackers in wins.

A

P. TOWNSEED:

#Victoria, 7th Octorer, 1845.

JUST RECEIVED, AND FOR SALE, BY THE UNDERSIGNED.

AN Invoice of Books; being the largest and best assortment, ever offered to the Publie of Flongkong; Consisting of:-

Historical, Medical, Romantic & Religious; being a collection of all the Standard Works of the day. To be sold Cheap for Cash;

AL80

Diemen's Land establish the principle that, without express parliamentary delegation, no such powers can exist. There is no such express delegation in the South Australian Act, except to an elective ge- nertl assembly; and there is no such delegation in the Western Australian Act to any person or body whatever. The Crown and its local councils hold. from Parliament the abstract right to enact laws and appoint courts, but wanting the right to raise moneys to support judictal and executive officers, the other right "stat nominis umbra.”

emergencies which cannot be provided for without intrusting that authority, for a certain time and under proper restrictions, to persons resident there" and whereas it is not at present expedient to call a Legislative Assembly in either of the said colonies," it may be lawful for the Crown to ap. point a Legislative Council. To the Council thus appointed, and the Governor acting in concert with it, Parliament, by the act from which we are quoting, proceeds to give authority to enact laws under carefully specified restrictions; continues to thein the right of imposing taxes conveyed to the

As for New Zealand, the only provision for its Governor and Council under previous act and, government is to be found in two acts which do not by the 25th clause, jealously and strictly prescribes even name it The Act 3 and 4 Victoria, o 62, the limits within which this power of taxation shali authorises the Crown, in the event of curtain depen be confined, and the forms in accordance with dencies of New South Wales being erected into se which it shall be exercised, This.act establishes parate colonies, to provide for their temporary ad that the British Parliament alone has the right, in ministration." To this end the Crown is authorised

to nominate a certain number of persons a Legisla.. the first instance, to make laws for, or impose taxes

ou, British subjects; that, in consequence of the tive Council, with power to ennet laws, but tho peculiar circumstances of colonies, it is necesiary power of imposing taxes, as in the case of Western to delegate the exercise of this power to a limited Australia, is not expressly conveyed. The Act 5 extent that the parties to whom, in conformity an16 Victoria, c. 76, re-enacts this provision, omit- ting the temporary." Here again we have an at- with the principle of the constitution, this power tempt surreptitiously to transfer a colony from the ought to be delegated are the members of a local re presentative legislature; but that, owing to the guardianship of constitutional government to the ir. peculiar condition of convict colonies, it was in- responsible mercies of the Colonial office; to he expedient "at present" to call a Legislative As. again defeated by the omission to secure the delegat- sembly; and that, therefore, this parliamentary ed power of taxation. power of legislation and taxation should for a time The rehole alministrative and legislative authori. be delegated to a council nominated by the Crown, ties in the colony are recognised as the oere crea tures of Parliament-as createable by none but QUANTITY of GOLD & SILVER PEN. Parliament, to which the Crown owes its power

CIL CASES:

Mitchell's Maps of the World and others, with additions brought down to the present time, toge ther with an Assortment of Office Books. The above being a splendid collection, Mr Townsend hopes to be enable to please the community. Orders punc.

tually attended to

P. TOWNSEND, Victoria, 13th October, 1845.

JUST RECEIVED AND FOR SALE.

ALSO

A superior article of GOLD PENS, which being pointed with Rhodium are very durable and will write much better than the Quill Pen; they are in both GoLD and SILVER CASES, together with a PESCIL

P. TOWNSEND. Victoria, 19th October, 1845,

From the Colonial Gazette, August 2. ILLEGAL GOVERNMENTS IN THE AUS TRALIAN COLONIES AND HONGKONG.

Van Diemen's Land is somewhat differently, but the years 1823 apply both to New South Wales and equally unsatisfactorily, circumstanced. The act of

of government. They authorise the Crown to no Van Diemen's Land, giving them one common from

min to a legislative council, to which and the Go vernor is delegated, under jealous restrictions, in one to appoint a Council, and the Council so appointed

clause the power of legislation, in another the power its power to exact laws and impose taxes Thus matters stood in New South Wales and Van Die and in the act of 1840 (3 and 4 Victoria, c. 62) it of mxation. These acts were renewed several times, men's Lad till the passing of the Act 5 and 6 was enacted that they should continue in force until Victoria, c. 76. It it now necessary to cast o glance at the progress of government-manufacture session of Parliament During the session of 1842 an the 31st of December, 1841, and the end of the next in the other Australian colonies,

The act to provide for the government of act was passed giving to New South Wales a pár- Western Australia is the Act 10 George 1722 the Governor, is transferred the power of legislating tially elective legislatore. To this assembly, with

by six successive acts, and will expire, unless again vernment of New South Wales and Van Diemen's This act has been renewed, without any alteration, and taxing. The former act to provide for the go- renewed, at the end of the session next following Land, and the various acts continuing it, are then the 31st of December, 1846, It professes merely enumerated, after which it is declared: Whores government of the said settleren, until the sail so much of the said recitat act as relates to the entr

The actual position of the Australian make some temporary provision for the civil

and Hongkong is such as to delian colonies

stitution of a council in New South Wales will be

superseded by this act; be it enacted that so much of

South Walys therein mentioned shall continue until the said not, or any of them, as relates to the consti, union, appointment, and powers of a council in New the first writs shal isms for the election of members

of the Legislature at the very commencement of undertaking shall be further matured, and the num- the next session. There is strong reason to believe ber of colonists in the said settlement increased that, with the exception of New South Wales and empower any three or more persons resident To this end it authurises the Crown to authorise there does not exist in one of them any authority and living within the said seulements to make legally competent to impose and levy taxes. MONS C. DUPUIG also begs to state that he in Throughout the whole of the colonies thus cir. ordain, and establish all such lawa, institutions, and

of the Legishtive Council under this art, and from tends to keep on hand a variety of Cloths, suitable cumstanced (with perhaps the exception of South ordinances, and to constitute such courts and of and after the issue of such writs shall be sepratel for the climate, likewise a selection of Drilia and Australia) loud complaints are made that they are ces as may be necessary for the peace, order, and and that subject to the proviso herein after contained, fancy Jeans for Coats etc, etc.; also an assortment subjected to exorbitant and vesations impositions, good government of his Majesty's subjects and the other parts of the said recited net which, but for of Baffs, Vallencias, Silks, Satins and Fancy Vel- and that the money raised is injudiciously expended in 1829, and was to coi inte in force until the this session of Parliament, shall become permanent others within the said seulements" This act par the passing of this act, wolf expire at the end of vets for Vests of the newest style and fashion. cd. Already, in the comparatively infant state of end of the session of Parliar t rext following the Loth with respect to the said colony of South Wales

Moxa, C. Dertio has a suiall assortment of these settlements, the seeda of an opinion are sown Gents Kidd, Silk, and other Gloves, Elastic Braces, that they are unjustly dealt with in money matters 31st of Deceraber, 181. This law for five years and of Van Diemen's Lantis only the other Saun Cravats, Stocks etc, etc, etc. all the aborr by the mother country; and, unless timous measures is cruiendly exceptional. The ordinances articles are of the best description that could be pro are adopted to eradicate this notion, it will grow in viruse of it were to be duly laul before the Past" of the act, not those relating to the constit

tion, &e, of the Council, that are declared perma cured in the Colony, Gentlemen can depend an

with their growth and strengthen with their larsens, which enatally voted a sum of money for rent. It is only in so far as New South Wales is having their Clothes made in the first style of fa strength. They will assume towards the mother goverment of the colony. It was merely concerned that the port sich relates to the consti

country the attitude of a combated opposition, and makeshift arrangement, to admit of the administation, de, of the Logelative tone is a ninned the field on which this opposition will give battle tration of justice until the settlement and be after the period at which it would otherwise have ex will be the questioned legshty of faxes. The his formed, and should become pothole to organe ired The get delegating pavers the Legislative erable and disreputable part played by Fagland in a taxing and legislating government

Council has, in so fac un Van Demen's Land is the American war of Independence may come to

The Act 4 auls Willam IV., c. 50–~ ta em concerned, bren allowed to expiry. There is at the be acted over again ia Australia

power his Majesty to erect Bouth Ausola into a ment en portiunentary anthasty -the csity The acts of Parliament under which goveTEMESË Bansh province or prusacer, and provide for the ty recognised by the Eftir h constiarion -to legislate in those co quiet above enumerated is administered colonisation and govemment thereof carrots for or sax Van Dhomen's Land are curious, specimens of s systemsbo plan to this is. This net in rat posed for a limited period, As for Hongkong, no get of Ferliament has ever withdraw the management of them from the so- but fe en define that in fr ever, unleas been pasted to provide fur it, governt. The perintendence and control of Parkamer, and place repealed. It emeta tims as soon as any of the pro-Act 6 and 7 Victor c. 80. unler when the Ghost itexclasiselpanderan irresponsible Contral office. vizes shall possças a population of di000 male, a entaris Council claime antiurty in enact onlusanees Presions to the year 1922 there was no legaler shall be laud or he pay, with advice of the land imposa case on the Lish subpers there aut. constitutional warrant for the spation and lexy-l Prize Council, testalkah a costiera of beal gr | fet, murely grees them the power to legalate the ing taxes by any individual or corporate body in verketa bar c. In the barn die Cromu ja w. Breen wan cuy with the dominions of the Einger.

shion and elegance

Address to Mons. C. Durvie, Taylor & Draper Wellington St, one door from Graham St Victoria, Hongkong, 30th May, 1845

SMITII & BREMELOW'S.

ABLATED KARBERRY ADE

THE superior favour of this refreshing Beverage can be highly recommended, it being a max agreeable and efficacious draught for patients suf ferring under any feverish symptoms. It is worthy the attention of persons residing in warm climates. N. B. Manufactured solely from Raspberry Jain and refined with European Sugais. - Queen Road, Victoria 1013 September, 1845.