JB/116/148/001

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24 July 1802 N. S. Wales. Conduct

35 III . Non-exist. proved

of theirs to start one. In this case as in other cases
of possession, fact and right go together till untill something
talk be shewn to separate them: It actual exercise, usually
when unopposed by affords a good presumptive proof
of right of exercise a good, and just ground of presumption,
until some special cause comes in to do
it away repel it.

By In the opinion actually given by them by the
opinion as it stands worded no express affirmance
is contained of the right of the thing to legislate
over the Colonies [in the particular case in question to legislate in
the way of taxation] without Parliament. I do not
take upon me so say they would not have affirmed
it had the question been put to them - all I say
is — that by their opinion, or be [judging from of it by
so much of it as is given recited by Lord Mansfield in that
case ] they do did not. affirm it All that is said is that if a
tax can be imposed upon the inhabitants of these Colonies
to be legally imposed it must be imposed "by an
asembly of the island, or by an Act of Parliament, i:e:
in one or other of these ways, exclusively or not exclusively
of each other - but without saying which expressly: but probably
the meaning was that each of those modes was a valid
mode since that by an Assembly of the island had been
at any rate the most if not the only one and it
entered not for any thing that appears into the conception
of either party at that time to dispute the right of Parliament.

Identifier: | JB/116/148/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-24	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	148	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] 1800]]
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37681
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