Cooper v Stuart  UKPC 1 (03 April 1889)
William Cooper v. The Honourable Alexander Stuart (Colonial Secretary),
SIR WILLIAM GROVE.
[Delivered by Lord Watson]
" reserving to His Majesty, his heirs and successors, such timber as may be growing or to grow hereafter upon the said land which may be deemed fit for naval purposes; also such parts of the said land as are now or shall hereafter be required by the proper officer of His Majesty's Government for a highway or highways; and, further, any quantity of water, and any quantity of land, not exceeding ten acres, in any part of the said grant, as may be required for public purposes; provided always, that such water or land so required shall not interfere with, or in any manner injure or prevent the due working of the water mills erected or to be erected on the lands and watercourses hereby granted."
"the messuage or tenement in Fleet Street, called 'the Three Conies,' with all the chambers, cellars, and shops, &c., excepting and reserving to the husband, the shops for his own sole use and occupation,"
and it was held that the exception being of all the shops, and therefore repugnant to the grant, was void. And so of a grant of 20 acres by particular names excepting one acre, the exception is repugnant (Touchstone 79). Assuming these authorities, and the very technical rule which they establish, to be applicable to a Crown grant of public property in a young Colony, it appears to their Lordships that the reservation in the grant of 1823 does not constitute an exception within the meaning of the rule.
"reservation of a right to resume any quantity of land, not exceeding 10 acres, in any part of the said grant."
"It hath been held that, if an uninhabited country be discovered and planted by English subjects, all the English laws then in being, which are the birthright of every English subject, are immediately there in force (1 Salk 411 at 666). But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law as is applicable to the condition of an infant Colony such, for instance, as the general rules of inheritance and protection from personal injuries. The artificial requirements and distinctions incident to the property of a great and commercial people, the laws of police and revenue (such especially as are enforced by penalties), the mode of maintenance of the established Church, the jurisdiction of spiritual Courts, and a multitude of other provisions are neither necessary nor convenient for them, and therefore are not in force. What shall be admitted and what rejected, at what times and under what restrictions, must, in case of dispute, be decided in the first instance by their own provincial judicature, subject to the decision and control of the King in Council; the whole of their constitution being also liable to be new-modelled and reformed by the general superintending power of the Legislature in the mother country."