JB/116/135/002

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12 June 1802 *11
N. S. Wales

1. No power to make regulation. 2. No regulation or
to bondage or no bondage

This belongs to the topics of incapacity and negligence,
but of what might be said on these topics, were
they to be exhausted, there would be no end.

In the page paragraph next before the l our last
mentioned + + Collins 9. 229 "Having emerged" (says the late Judge Advocate)
"from the condition of convicts and got rid of the
"restraint which was necessarily imposed on them which
"under that subjection, many of them seemed to have
"forgotten that they were still amenable to the regulations
"of the Colony, and appeared to have shaken off, with
"the yoke of bondage, all restraint and dependence whatsoever."
Forgotten? how were they to forget could any such thing
have been forgotten? To be forgotten, it must have been
known: and from whence known? By what means
know the existence of that which has no existence? For
where is the power of making any such regulations?

Note

The Statute — the only statute which gives powers of any
kind is open before me, and as such power is confined combined in
by it. Power to his Majesty ... to authorize the ...
Governor & to convene ... a Court of Judicature for the
trial and punishment of all such outrages and misbehaviours
as, if committed within this nation, would be deemed ... according
to the laws of this nation, to be treason or suspicion
thereof, felony or misdemeanour :" then comes the mode of
trial without jury: but as to an regulations or any
power whatsoever of making regulations — not a syllable
is to be found in it

Identifier: | JB/116/135/002 "JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering	not numbered
Box	116	Main Headings	panopticon versus new south wales
Folio number	135	Info in main headings field	extracts from the case of hall v campbell
Image	002	Titles
Category	collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks
Marginals	john herbert koe	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37668
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