JB/097/187/001

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13 July 1802 N.S. Wales

Conduct
III. Non-existence proved
(a) 37 47
Specimens of the
Uncertainties and
deficiencies in the
previous heads in
the Act for the
establishment of the
necessary of
laws in N. S. Wales
1. This realm
2. Civil

Notes to this realm 27 G.3. c. 2

a Obliged to these words copy from the Act the words "this realm", it is impossible
for me my to avoid returning to what a degree a what little even
the inadequate scanty scrap of power undertaken to be created by it it appears been
in contemplation to by the Act is born to pieces in tatters
and rendered by these two words: a proof how
compleatly incompetent the draughtsman was to his task, and
how little of the mind of the a legislation was bestowed upon
this business, and how the slight the any inference that can be
drawn, frm what was actually done by it, to what was intended
is otherwise in contemplation to be done. This realm
what realm? What was the an offence be Under <add>Against the law of what realm</add> must an
act be an offence to be triable under the Court so constituted?
if against the law of England? of Scotland? or of Great Britain both together?
of Great Britain? If an act being an offence - not
against any law passed since the union, but only against the law of England as it stood before the
union if such an act be an offence triable in this court, so must an act
which though not an offence against the English law is an
offence against the Scotch law. It is an To point out the confusion
is the only thing to the present purpose: to attempt to clear it up would take
a volume.

the thing has no
realm now but
and
There is no realm
now for Parliament to
legislate upon but Great
Britain and Ireland.
There was then no
realm for it but
Great Britain

3. Laws
upon names of
things and persons
not in N. S. Wales
4.
offences

Injuries purely civil are may might be called in the regarded
as comprized for ought I know be misbehaviours: but are they
in the legal sense misdemeanours? I mean in the legal sense of
the word according to the law of England. Take for example
acts purely negative - the payment of debts: non-performance
of Contracts and &c &c Blackstone's at least is as decided as possible in the negative [B. IV. c. I] And how stands this matter is it as be nder the law
of Scotland?

England I take for granted - England alone was never looked
to as the standard of every thing that was to be done: unto Scotland
not so much as the mind of our legislators had ever travelled.

Of neither the person not so much as the mind of our legislators
neither of them so neither of them place as Scotland
has ever travelled. What are the of the Treasury? Yes
but we had forgot it. Among
is to forget every thing that
of littleness everything that belongs
to it.

Offences

Identifier: | JB/097/187/001"JB/" can not be assigned to a declared number type with value 97.
Date_1	1802-07-13	Marginal Summary Numbering	37a
Box	097	Main Headings	panopticon versus new south wales
Folio number	187	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d21 / e1 / f39 / f1*
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	31571
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