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the distinction between the power of the Master over a his Servant
and the power of the Gaoler over his prisoner is not has not been
: and when both have been meant to be it has been intend <add>the intention has been that both should be possessed </add> conferred
both have been conferred in express words. + + 9.3.c. On
the occasion in question the power of the possessed Gaoler over
his a prisoner is the one thing needful: the fear of
d taken apart from that the power of the Master over
the servant is, as has been just observed altogether
irrelevant and useless. By a stretch of construction the power
of the Master over the servant might, for aught
I know, be deemed to include the po on the occasion this occasion
in question, the power of the Gaoler over the prisoner:
for since to render any at any time any sort of service on board of a ship, it is
necessary (it may be said) that at that same time a
man should be there. I Still I call it a stretch
of construction notwithstanding: since for me to by possessing
in my house the power of a master over a domestic servant of mine
in my house hired for example for a year it is by no means clear that I have
possess any such power as that of turning the key of
keeping the house door perpetually shut against locked upon him,
and in a word the power of keeping him a prisoner in the house
for the whole time. + + Speaking of those powers of over his prisoner, and the appropriate words used for the custom of confirming on any prisoner the power of a Gaoler over his prisoner, and on this occasion comparing Comparing law with law, the conclusion upon the whole it seems
upon the whole not an unfair one: either it is necessary
upon this occasion, it is the conferring of it is these words were created of it by express words necessary,
is on that other occasion it was they were superfluous. The
stretch however is no not so great, but that a man might
normally enough expect to see it made: since from the other words
in the Act it will be sufficiently apparent that under the care of
the contracting transporter, the voya transportation voyage conveyance of the convict to the place in question should some
how or other be made: an operation which would not take place, if the transporter
were in want of any part of that power legal which would be necessary for the purpose.
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Identifier: | JB/116/121/001"JB/" can not be assigned to a declared number type with value 116. |
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116 |
panopticon versus new south wales |
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121 |
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001 |
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text sheet |
1 |
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recto |
e4 |
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jeremy bentham |
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37654 |
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