JB/116/338/001

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N.S. Wales

4 July 1802

VIII Jeopardy
Habeas Corpus

"persons who shall knowingly frame, contrive, write, seal or
"countersign any Warrant for such commitment, detainer
"or Transportation, or so committ, detain, imprison
"or transport any person or persons contrary to this Act or
be any ways advising, aiding or assisting therein being
"lawfully convicted thereof, shall be disabled from thenceforth
"to bear any Office of trust or profit within the said realm
"of England &c: and shall incurr and sustain the pains
"punitive and forfeiture is provided by the statute of
Provision and Praemunire; and shall be incapable of
any pardon from the King".

To the provisions in this clause, there are two exceptions
by so many subsequent prov annexed by so many immediately succeeding clauses: one in respect of persons,
contracting to be transported, acting by their own appointment in writing § 13. the other in respect of persons
praying to be transported: § 14. as it seems they were allowed to do
in some cases, as still in Scotland, to save themselves from severer punishment.

There are also at present as many exceptions, as there have are
been subse posterior statutes, authorizing transportation:
viz: to the extent these exceptions having for their extent that of the authority given in each case, by
each respective statute: but, forasmuch as, in a by a statute
authorizing the Crown to transport offenders for a term therein
limited, no authority, either express or implied, is given
to "detain" any such offender in any case an amount beyond such
limited time, the provisions in the Habeas Corpus Act remain, in the
instance of every prison Convict so detained in New South
Wales, in full authority and force in full force and virtue.

The several modes by waysacts by and modes by of participation by and in which a man may be
a particular as the in the crime of improvisable unlawful imprisonment, are here carefully
enumerated and distinguished.: As to acts, committment is one; detainer is
another. In the instance of the Convicts, the committment
has not been unlawful: the detainer, after the expiration of their
respective terms, has been and still is. As to modes of participation,
they will be found, I believe, the description gives of them
will I believe be found sufficiently comprehensive. To appropriate[+]

It is almost superfluous to observe that its of
law every place, circumscribed or not by will, every place in
which without sufficient warrant a man is kept against his wish
is in of law, as for the purpose: if, suppose, it is most necessary
that

[+] them to this or that
great person, in or out of
office would at present
be a useless labour.
The Act has done its
part: the book of the
Council Board and the
Treasury —not forgetting
your Lordships office—
thus with or without certain
that it should be
memorials from the Colony
and a little explanatory
oral evidence, which
will not be wanting,
will do the rest.

Identifier: | JB/116/338/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-04	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	338	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / f58
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] 1800]]
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37871
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