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New Zealander, Volume 9, Issue 735, 30 April 1853, Page 2

The Overland Mail arrived yesterday, but we had been enabled to anticipate a considerable portion of the intelligence which it has brought. We have one later paper, however, —the Spectator of the 2nd instant,—which . contains the following condensed report of the proceedings in the Supreme Court with reference to the Cheap Land Regulations. It will be seen that, as we have already intimated, the case was to be opened up again on an application on the part of Mr, Bell, the hearing of which was to take place on the slh instant; — SUPREME COURT.—CIVIL SITTINGS. Wednesday, 50th March, 1853. Dorset v. Bell. Dr. Evans applied on the part of the plaintiff for an injunction against the defendant, Francis Dillon Bell, Esq., Commissioner of Crown Lands, to restrain him from receiving applications, and from selling land under the recent proclamation and regulations of His Excellency Sir George Grey, at the reduced prices mentioned in the regulations. The learned Counsel stated in detail (he scheme of the New Zealand Company with regard to emigration and sales of land, die different regulations issued by them, and the surrender by them into the hands of Government of their charters and lands whereby the liabilities and unfulfilled contracts of the Company devolved upon the Government. That one of such contracts was that land should not be sold in (he Company’s settlements at less than 11. per acre, and that such land purchasers were entitled to the benefit of certain Pasturage Regulations over the waste lands of the Company. He staled that the plaintiff was the holder of three land orders, one selected, one unsclccted, and one Compensation Scrip. That (he plaintiff claimed in respect of such unsclccted land order a right of selection over the land which the Government might sell under the recent regulations, and the effect of the recent regulations would he to reduce the value of the land selected by him, which he considered was such an injury as entitled him to redress by applying for the injunction. Counsel laid great stress upon the letters of Sir John Pakington to his Excellency Sir George Grey, published in the recent Gazelles, as clearly showing that her Majesty’s Government had not delegated any authority to Sir George Grey to reduce the price of land. His Honor asked if notice had been given to the defendant, and if the application was opposed . * Mr. Sewell said that notice had been given, and his Honor then staled that as advised, he considered the plaintiff entitled to the injunction, but the difficulty was in what form it should be granted. It was his opinion there was no power on the part of the Government to sell land for less than 20s. an acre, and though it might he presumption on his part to say he did not concur in the opinion given by the Attorney and Solicitor-General respecting the contracts existing between the Company and their land purchasers; that opinion was adopted by her Majesty and sanctioned by Parliament, and he must lake (ho law as he found it. In his opinion it would he beneficial to sell (he waste lands at ss. an acre, but he had no right to deprive another of his right. This question could only be settled by means of the Legislature, and it seemed very improbable therefore, that these powers would be delegated to the Governor. His Honor said the question was. Has any power been delegated to the Governor to alter the price of land. He did not think there had been, or that it had been contemplated. His Honor observed this opinion was given on an e.rparle statement, and he should exercise the right of changing his opinion if sufficient grounds were shewn on the other side. He might also state for the information of the public that writs of scire facias might be issued against persons purchasing land under these regulations, though he should be very loth to to decide this question without previously referring to the Chief Justice. We understand an application was made yesterday on (he part of the defendant to set aside the order obtained by the plaintiff as above, and that leave has been obtained to move that the order be set aside, for irregularity on certain grounds, which motion will he heard on Tuesday next.

By the Dclmar , which reached our port on Thursday, we have Sydney papers lo ihe 9lh instant, but they are almost wholly barren of news of public importance. There was no English intelligence more recent than at our lastdates, the only vessels that arrived from England in the interval having sailed in November. Nor is this made up for by •anything local possessing interest beyond the Colony itself: —except that the Sydney markets continued scantily supplied in proportion to the demand, and that, in consequence, high prices ruled. Jhe principal commercial intelligence will be found, however, in another column. Flour remained at £27 per ton for fine, and 125 for seconds. About 1000 barrels of very superior American flour had been received by Messrs. Barker. Wheat was in moderate supply, fine samples realizing from 10s. to Fls. per bushel. A profitable market for Timber may be anticipated at Sydney. The Herald of the Oth says, —“ The heavy land sales effected by the Government will cause an increased demand for Timber, and our markets are at present barely supplied with suitable descriptions.” The extracts from the journals of . the neighbouring Colonics arc almost equally uninteresting. From Melbourne we have ourselves received later dales (we can scarcely say news) than had reached Sydney. .... in" Van Diemen’s Land, people were speculating on the theoretical question whether the new Coalition Ministry will bo as willing as Lord Derby’s Government would probably have shown themselves, to carry out to its full extent the promise of a cessation of Transportation lo the Colony implied in the Queen’s Speech,—and on the immediately practical question how the Coal discovered at the mouth of the river Mersey may be most profitably worked. It is staled that some quartz sent home by Mr. Gibson, Manager of the Van Diemen’s Land Company's estate. Circular Head, had yielded sufficient gold to pay for the working; and that the directors had ordered that more should be forwarded for furtherexperiments An extraordinary report that the Colony of Victoria had been declared a Republic, had obtained circulation in Western Australia ! The fabricators of the story had made it quite circumstantial, specifying the number of lives (one thousand) lost before the military were overcome, and naming Captain Harrison as the first President of the new Republic! .... An excellent account was given of the Irish girls recently brought to Western Australia by the Travancore ; “the importation had in many instances proved a great boon, and the girls were likely lo become very good servants eventually.”