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<head>Dispensing power</head> | |||
<p>7 Apr 1812</p> | |||
<note>Note<lb/>1. Illegality</note> | |||
<p>would not be to <del>sent out</del> be committed to the <add>County</add> Gaol of any<lb/> | |||
other County nor to any other Gaol but <add>would be</add> must<lb/> | |||
neither be to be sent <add>directly</add> from trial aboard ship in order<lb/> | |||
to be transported or if there were no such ship in<lb/> | |||
readiness to receive him in that case but in<lb/> | |||
that only he might be capable of being <del><gap/></del> consigned<lb/> | |||
to <hi rend="underline">a</hi> or <hi rend="underline">the</hi> Penitentiary House. But the restriction<lb/> | |||
imposed by these words is a restriction that<lb/> | |||
does not exist in law. The King <add>according to</add> by a rule of common<lb/> | |||
Law has the power of choosing the Gaol in which<lb/> | |||
each Convict shall from time to time be confined.<lb/> | |||
This power <add>had actually</add> actually has been exercised under <add>in</add> under his Majesty's<lb/> | |||
name by the Duke himself—I mean in<lb/> | |||
<del>under</del> in particular in the instance of the State<lb/> | |||
prisoners; Convicts and others: and whether it could<lb/> | |||
have been the intention of the Duke to impose on his<lb/> | |||
own power destruction not imposed on it by Law<lb/> | |||
and restrictions the only object of which <add>could</add> would have<lb/> | |||
been the counteracting his own declared wishes and<lb/> | |||
intentions, may be inferred from the disposition manifested<lb/> | |||
by him in respect to the obligations really imposed upon<lb/> | |||
him by law.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
Dispensing power
7 Apr 1812
Note
1. Illegality
would not be to sent out be committed to the County Gaol of any
other County nor to any other Gaol but would be must
neither be to be sent directly from trial aboard ship in order
to be transported or if there were no such ship in
readiness to receive him in that case but in
that only he might be capable of being consigned
to a or the Penitentiary House. But the restriction
imposed by these words is a restriction that
does not exist in law. The King according to by a rule of common
Law has the power of choosing the Gaol in which
each Convict shall from time to time be confined.
This power had actually actually has been exercised under in under his Majesty's
name by the Duke himself—I mean in
under in particular in the instance of the State
prisoners; Convicts and others: and whether it could
have been the intention of the Duke to impose on his
own power destruction not imposed on it by Law
and restrictions the only object of which could would have
been the counteracting his own declared wishes and
intentions, may be inferred from the disposition manifested
by him in respect to the obligations really imposed upon
him by law.
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Identifier: | JB/116/328/002"JB/" can not be assigned to a declared number type with value 116. |
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1802-07-09 |
20-21 |
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116 |
panopticon versus new south wales |
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|
328 |
n. s. wales |
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|
002 |
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|
text sheet |
1 |
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|
recto |
b16 / b4 |
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|
jeremy bentham |
1800 |
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|
1800 |
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37861 |
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