JB/116/382/001

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22 Jany 1803
(7

Penal clauses says a rule of law shall be construed
strictly. Penal i clauses says another rule of
law shall be construed liberally. Penal clauses shall be
construed strictly: yes: but not in such th in such sort of strictness
when a remedy is bound up with with the penalty in them not in such
sort of strictness as to destroy the remedy. What may happen
— what in abundance of cases alway does happen, is — that
a remedy is provided in by an a set of words, a penalty in by
another: the remedy and the penalty so distinct, that
the remedy — a remedy of some sort of or other may
stand, although the penalty fall to the ground. But
in the present instance, for all persons coming and in these
ample description here in question — for the hundreds and thousands actually
included in it in the individual case in hand —
there is no remedy whatsoever but which (so at least it
seems much to be feared) but what is bound up with the
penalties, and with them must stand or fall. with them. The Writ
of Habeas Corpus, the priority remedial operation employed
and purchased by this , would in point of law
run in New South Wales? Would Lord Alvanley Ellenboroug Lord Ellenborough would Lord Alvanley
think it proper, necessary in <add>obligatory upon them, or </add> upon the whole of this case, proper, allowable, to open
a writ of this sort, directed to the Governors of New South
Wales, to bring into the Court of Kings Bench or the
Court of Common pleas the bodies of all the several thousands of
inhabitants thus circumstanced? The affirmative is an
answer which to my humble conception they would praise at least ere they gave
and so long as they praised, so long spok of this supposed supremely remedial Act would the subject be grievance, this palpable and crying grievance, be
without any other remedy other than that, such as it is, which
is bound up on the texture of the penal phrases of it.
Yes

Identifier: | JB/116/382/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1803-01-22	Marginal Summary Numbering
Box	116	Main Headings	scotch reform
Folio number	382	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e7
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37915
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