PORT PHILLIP.

Anglo-Maori Warder, Volume 1, Issue 18, 24 August 1848, Page 3

PORT PHILLIP.

THE ROYAL CHEAT DEMOLISHED. Our readers will learn with much more pleasure than surprise, that the opinions regarding the imposition of royalties, maintained from the first, in this journal, have at length been confirmed by the highest legal authority of the province. Yesterday, the Judge of the Supreme Court, stfing in Equity, gave, in effect and substance, a decision tbat the Crown had no legal power under tha Waste Lands Act, to reserve minerals for its use, or to sell the public lands clogged with a royalty tax. It " was not iu the bond," and the Judge refused to be a pirty to the *' catting of covenants" system, which the Government, unfortunately, has not thought subversive of its duty or its houor to adopt, in every case in which disputes hwe arisen within the Colony between the Cruwn and the subject. l It is a melancholy but indisputable fact, that in no instance, from the arrival of Governor Grey downwards, bave differences occurred ia which the Local Authorities and tbe Colonists were the parties at variance, has the question between them ever manfully been met, or allowed to turn upon its merits, or its substantial justice. On the contrary, tbe prerogative of the Crown—to the full stretch of its mysterious and inexplicable power—has been interposed—and the endeavour made invariably—not to do justice, but to cheat and defraud the Colonists, by withholding from them the legal means of red teas, which in England, durst not be withheld for an hour. The Chief Justice told us yesterday, that there weie no means within tbe Colony of compelling the Governor to do that which even an Act of ibe Imperial Legislature declared to be coiupulsoiy. But he did not add that open defiance of the law by a Governor or a Government —avowed contempt f< r rights and privileges conferred by statue —might legally place tbe Colonists in a position to resist, either passively or by force, aroitrary and uuwar-ran-ed acts. Ffum a necessity so onviuui and so imperious, we have to thank the Judge for rescuing the Government, and those wlio, fo- courtesy's sake, we suppose, must be termed its legal advisers. The real value of their

wunsel upon the present occanon may be estimated from the fact, that in no ona material point were their views sustained. Their law was b«d throughout—an attempt, as it appeared tj us. to engraft obsolete feudalism and questionable prerogative upon modern statutes, and to override positive enactments of the latter, by the waste paper of the Colonial office. But the effort failed signally—almost lu(iicrou»ly—and it it only because we should be sorry in the hour when Justice triumphs, to exult more than is seeming, that we refrain from a much morem nute description of the process by whieh the advocates for the Crown demonstrated the absolute illegality of their (-roceedings. Ic is a sufficient conclusion at present, tint t\u imposition oF Royaltiee, and the reservation of mimrals, cannot be legally made—and that all the lands soli since March 1845, and pretending to be granted under these reserves, are wholly free from ihs odious and partial burthen. The numerous mines hitherto shut up, or but hesitatingly worked, will now t>tact ints activity* The necessity for the Government Teller descending the shafts without the aid of a bucket will be removed, and the uniformity in the mode oF disport and the tenure, wh'ch it was the object of the Lands Act to insure, aud the favoritism and caprice it was intended to extirpate will be eff dually attained. MINE SHARE LIST.

John Kicharuson, Share Broker, Itundle-atreet. Adelaide, I'lib July, 1848.

Burra Burr a Mines —Ore sent from the mines last week 10 tons—arrival at the port, 31 tons. The pitches all looking well and producing abundance of good ore. Tonnage required for about 8"0 tons ore, Co London, Liverpool, or Swansea, »t the current rates. Bklvidebe Mine.—Chimbers'a dray that took up to this mine a load of stores, tools, «nd building materials, has brought in twenty-sis bags, containing one huudred weight each, of very fine carbonate of lead. and tich galena—aud either to day or Monday, three drays will reach Adelaide with bigs of ore of a very superior description. The Great Lode still continues it» regular course downwards, and is improving both in quality and size. The present managers have contracted for the erection of houses for immediate occupation by the miners, which, it is expected, will be up> iu three weeks, when the mine will be hi full operation. We understand a meeting is to be held to-day, for the purpose of electing Directors and forming the Com. pany. The opinion expressed yesterday in the Adelaide case against the lega'ity of the Royal imposition, cannot fail to have a favourable effect on this valuable property as well as on the Adelaide shares,—Son;A Australian.

No. of mid up Present Company. Shares. Capital. £ £ s. Burra Burra 2,151 12,320 100 0 Princess Royal •100 20,009 43 0 1,000 12 12 2,000 10,000 2 6 4.140 22.200 22.200 Royal Mining Company. 10,000 100,000 0 12 Enterprise 1,000 Greenock Greek JOO 1,000 o o Montacutc . 100 5,500 Paringa Property per acre