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26 June 1802 12 N. S. Wales 6
The persons over whom the authority in a power of a legislative
nature appears to have been exercised — and exercised by the
Governor alone sole authority of the Governor may be distinguished
into classes.
7 1.5 Convicts still in a state of legal Bondage — their
respective terms of transportation being unexpired.
6 2.6 Wives and Children of Convicts in a state of Bondage
7 3.7 Officers and Privates
Expirees Convicts after the expiration
of their respective terms.. their Wives and Children. Thus if [+]
[+] if these condition in
point of fact had been really corresponded exactly with what it ought
to have been in point of law, might have been termed emancipated
Bondsmen: But as that does not appear to have been the
case the appellation would be productive of misconception and is
therefore can not be employd
unfit for use.
8 4.8 Independent Free Settlers: including Officers and privates in
both branches of the Kings military service and Officers
in the Civil branch of the Kings service, establishing
themselves after discharge from their respective situations.
1 5 1 Officers and privates of the military class in the land services
2 6.2 Officers and privates of the military class in the Sea service.
The power of legislation as to
these will stand on a different footing, according as they are considered
as remaining on Ship board or as having come on shore.
3 7.3 Commanders and crews of British Vessels in private
service. Same distinction as between the several periods of their remaining
on ship-board, or being
on shore.
4. 8.4 Commanders and Crews of Foreign Vessels — Same distinction as
between Ship board and land.
Among these eight descriptions the 2 d, 3 d and 4 th thru last may
be stated as those over whom
neither the Governor nor
any body else possessed any authority by law: so that all Orders
addressed to them by any body in any political
capacity and particularly by the Governor alone, even ipso
facto void: is also, under a certain exception all
orders addressed to persons in general or whereby any power was undertaken
to be exercised over persons in general were void, so far as
concerns persons not subjected to the power of the Governor
by trial
law belonging to not any the of these three classes.
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