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26 June 1802 12
N. S. Wales 6
The persons over whom the authority in a power of a legislative
nature appears to have been exercised — and exercised
by the Governor alone sole authority of the Governor may be distinguished into
classes. 1
7 1.5 Convicts still in a state of legal Bondage — their respective terms of
transportation being unexpired.
6 2.6 Wif Wives and Children of Convicts in a state of Bondage
7 3.7 Officers and Privates Expirees Convicts after the expiration of
their respective terms.. their Wives and Children. Thus if [+]
[+] if these sole condition in point of fact had been really corresponded exactly with what it ought to have been in point of law, might have been termed emancipated Convicts Bondsmen: But as that does not appear to have been the case the appellation would be productive of misconception and is therefore can not be employd unfit for use.
8 4.8 Independent Free Settlers: including Officers and privates in the both
branches of the Kings military service and Officers in the
Civil branch of the Kings service, establishing themselves after
discharge from their respective situations.
1 5 1 Officers and privates of the military class in the land
services
2 6.2 Officers and privates of the military class in the Sea service.
These may be considered as two The power of
legislation as to these will stand on a different footing, according
as they are considered as remaining on Ship board
or as having come on shore.
3 7.3 Commanders and crews of private British Vessels in private
service. Same distinction as between the several
periods of their remaining on ship-board, or being
8 on shore.
4. 8.4 Commanders and Crews of Foreign Vessels — Same distinction
as between Ship board and land.
Among these eight descriptions the 2d, 3d and 4th thru last may be stated as those over whom the Governor possessed neither the Governor nor
any body else possessed any authority by law: so that all
Orders where addressed to them by any body in any political
capacity and particularly by the Governor alone, even ipso facto
void: is also, under a certain exception all orders addressed to persons in general
or whereby any power was undertaken to be exercised over persons
in general were void, so far as the concerns persons not subjected to the
power of the Governor by trial law belonging to not any the of these three classes.
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Identifier: | JB/116/134/002 "JB/" can not be assigned to a declared number type with value 116.
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116 |
panopticon versus new south wales |
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134 |
extracts from the case of hall v campbell |
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002 |
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collectanea |
1 |
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recto |
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john herbert koe |
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37667 |
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