JB/116/623/002

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26 Letter 3d

which Parliament had, by the other of the two Acts
of whih which he so well understands the object,
declared in express terms they should not be put,
but in these limited numbers which it specifies * * 19 G. 3. c. 74. §. 26. "In the mean time, and until "such certificate shall be made as aforesaid [§. 24 certifying "the National Penitentiary Houses in question to be ready] it "shall be lawful for the Court . . . . to order and adjudge "such offenders, not exceeding the num nun numbers "hereinbefore respectively limited [§.25.] to be imprisoned "and kept to hard labour, for the several terms aforesaid, "in the respective Houses of Correction or other proper Places, "within each respective County; which Houses of Correction, "or other proper Places, shall, during such time, be deas "deemed and esteemed Penitentiary Houses, to all Intents &"Purposes, within the Meaning of this Act, except only "with regard to the Appointment of Officers & Servants, "and other interior Regulations of such Houses directed "by this Act: & when such Certificate shall be made as "aforesaid, the offenders then imprisoned in such Houses "of Correction, or other Places, by virtue of this Act shall "be transferred to such new erected Penitentiary Houses, for "the residue of the several Terms during which they were "ordered and adjudged to be imprisoned." Thus far the Act. The Terms during which the Convicts may be kept to hard labour in these local Gaols are succedaneous terms, shorter than the transportation terms [ §.2 ]: the numbers of the Convicts which may be so kept in them are carefully limited [§.25.] the authority by which they may be thus ordered and adjudged to be kept is that of the Court only — "the Court in which they shall be convicted or any other Court held for the same place" [§.26]. Thus said the law: — and it is under colour of this law, declaring himself tom "have examined" it (though it was nothing to the purpose) and professing to "understand" it, that the Duke by his own sole and sovereign authority in spite of Law, keeps Convicts in these same local Gaols, for terms equal to their transportation terms — those

Identifier: | JB/116/623/002 "JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	623	Info in main headings field	letter 3d
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	d25 / d26
Penner	john herbert koe	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public	letter was never sent; see note 8 to letter 1747, vol. 7	ID Number	38156
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