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<p>1. That he has not only assumed, but concurred in the<lb/> exercise of, a dispensing power, by advancing positions tending <lb/>to warrant him in defeating &#x2014; and defeating accordingly &#x2014; the <lb/>the sole object of the Act of 1794, by which a Penitentiary<lb/> establishment was required to be set on foot: and, in so doing, <lb/>has been guilty of an illegal exercise of legislative power, amounting<lb/> in its effects to the repeal of an imperative law <lb/>of Parliament.</p>
<p>1. That he has not only assumed, but concurred in the<lb/> exercise of, a dispensing power, by advancing positions tending <lb/>to warrant him in defeating &#x2014; and defeating accordingly &#x2014; the <lb/>the sole object of the Act of 1794, by which a Penitentiary<lb/> establishment was required to be set on foot: and, in so doing, <lb/>has been guilty of an illegal exercise of legislative power, amounting<lb/> in its effects to the repeal of an imperative law <lb/>of Parliament.</p>


<p>2. The he <add>has </add> assumed and exercised the power
<p>2. The he <add>has </add> assumed and exercised the power of punishing<lb/> Convicts, by a mode of punishment of his own choice,<lb/> in cases in which that mode of punishment was, by Parliament,<lb/> expressly forbidden to be employed: and, in so doing, <lb/>has been guilty of <hi rend='underline'>another</hi> illegal exercise of legislative power, <lb/>amounting in its effects to the enactment of a positive imperative<lb/> law, as well as to the repeal of a prohibitive law. &#x2014; </p>
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


<p>3. That, in another instance, he has <hi rend='underline'>assumed</hi> at any <lb/>rate (whether in any and what degree he may have <hi rend='underline'>exercised</hi> <lb/>it, being matter of <sic>enquiry</sic>) a dispensing power, viz: that of<lb/> defeating one of the declared objects of another Act &#x2014; the Act<lb/> of 1779 &#x2014; in so far as the confinement of Convicts of a certain <lb/>description on board the Hulks, is among the modes of punishment,<lb/> the choice of which is therein committed to the <lb/>respective <hi rend='underline'>Courts</hi>: and, in so doing, has been guilty of another<lb/> illegal exercise of legislative power, amounting in its effects to<lb/> the repeal of a corresponding portion of another imperative law. &#x2014; <lb/>
<add>4. That &#x2014;</add>
</p>






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Dispensing Power

In conclusion, my Lord, I am inclined to think Your
Lordship will find the following charges, against the Duke
of Portland, but too well established. —

1. That he has not only assumed, but concurred in the
exercise of, a dispensing power, by advancing positions tending
to warrant him in defeating — and defeating accordingly — the
the sole object of the Act of 1794, by which a Penitentiary
establishment was required to be set on foot: and, in so doing,
has been guilty of an illegal exercise of legislative power, amounting
in its effects to the repeal of an imperative law
of Parliament.

2. The he has assumed and exercised the power of punishing
Convicts, by a mode of punishment of his own choice,
in cases in which that mode of punishment was, by Parliament,
expressly forbidden to be employed: and, in so doing,
has been guilty of another illegal exercise of legislative power,
amounting in its effects to the enactment of a positive imperative
law, as well as to the repeal of a prohibitive law. —

3. That, in another instance, he has assumed at any
rate (whether in any and what degree he may have exercised
it, being matter of enquiry) a dispensing power, viz: that of
defeating one of the declared objects of another Act — the Act
of 1779 — in so far as the confinement of Convicts of a certain
description on board the Hulks, is among the modes of punishment,
the choice of which is therein committed to the
respective Courts: and, in so doing, has been guilty of another
illegal exercise of legislative power, amounting in its effects to
the repeal of a corresponding portion of another imperative law. —
4. That —




Identifier: | JB/116/279/001"JB/" can not be assigned to a declared number type with value 116.

Date_1

Marginal Summary Numbering

Box

116

Main Headings

panopticon versus new south wales

Folio number

279

Info in main headings field

dispensing power

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d3

Penner

jeremy bentham

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

37812

Box Contents

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