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<head>24 July 1802</head><!-- aligned on left-hand margin, and in pencil--> | |||
<head>N. S. Wales. <note>Conduct</note></head><!-- right of centre and in pencil --> | |||
<head><del>3</del>5 <note>III . Non-<unclear>exist.</unclear><!-- abbreviation for 'existence'? --> proved</note></head><!-- all in pencil --> | |||
<p>of theirs to start one . In this case as in other cases | <p>of theirs to start one. In this case as in other cases | ||
<lb/> | <lb/> | ||
of possession , fact and right go together till <add>< | of possession, fact and right go together till <add><sic>untill</sic></add> something | ||
<lb/> | <lb/> | ||
< | talk be <sic>shewn</sic> to separate them: <del><unclear>It</unclear></del> actual exercise, usually | ||
<lb/> | <lb/> | ||
when unopposed | when unopposed <del>by</del> affords a good presumptive proof | ||
<lb/> | <lb/> | ||
of right of exercise a good , and just ground of presumption , | of right of exercise a good, and just ground of presumption, | ||
<lb/> | <lb/> | ||
until some special cause comes in to do | |||
<lb/> | <lb/> | ||
it away <add> | it away <add>repel it.</add> | ||
<lb/></p> | <lb/></p> | ||
<p>By <add>In</add> the opinion actually given by them <del><gap/></del> by the | <p><!-- indented -->By <add>In</add> the opinion actually given by them <del><gap/></del> by the | ||
<lb/> | <lb/> | ||
opinion as it stands worded no express | opinion as it stands worded no express affirmance | ||
<lb/> | <lb/> | ||
is | is contained of the right of the thing to legislate | ||
<lb/> | <lb/> | ||
over <del>the</del> Colonies [in the <add>particular</add> case in question to legislate in | over <del>the</del> Colonies [in the <add>particular</add> case in question to legislate in | ||
<lb/> | <lb/> | ||
the way of | the way of taxation] without Parliament. I do not | ||
<lb/> | <lb/> | ||
take upon me so say they would not have affirmed | take upon me so say they would not have affirmed | ||
<lb/> | |||
it had the question been put to them - all I say | |||
<lb/> | |||
is — that by their opinion, <del>or be</del> [judging from <add>of</add> it by | |||
<lb/> | |||
so much of it as is given <add>recited</add> by Lord Mansfield in that | |||
<lb/> | |||
case ] they do <add>did</add> not. <add>affirm it</add> All that is said is that if a | |||
<lb/> | |||
tax <del>can</del> be imposed upon the inhabitants of these Colonies | |||
<lb/> | |||
to be legally imposed it must be imposed "by an | |||
<lb/> | |||
<sic>asembly</sic> of the island, or by an Act of Parliament, i:e: | |||
<lb/> | |||
in one or other of these ways, exclusively or not exclusively | |||
<lb/> | |||
of each other - but without saying which <add>expressly</add>: but probably | |||
<lb/> | |||
the meaning was that each of those modes was a valid | |||
<lb/> | |||
mode since that by an Assembly of the island had been | |||
<lb/> | |||
<add><del><gap/></del> at any rate the</add> most <gap/> <del>if not the only one <gap/></del> and it | |||
<lb/> | |||
entered not for any thing that appears into the conception | |||
<lb/> | |||
of either party <hi rend='underline'>at that tim</hi>e to dispute the right of Parliament. | |||
<lb/></p> | <lb/></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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.
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Identifier: | JB/116/148/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-07-24 |
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116 |
panopticon versus new south wales |
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148 |
n. s. wales |
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001 |
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text sheet |
1 |
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recto |
e5 |
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jeremy bentham |
[[watermarks::[monogram] 1800]] |
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1800 |
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37681 |
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