JB/121/406/001

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without having been so disposed of by the Courts, they
have notwithstanding been kept in the Gaols, ⊞ ⊞ the ground in which they have been kept there, can have been no other than that of necessity, as above described: nor consequently have extended beyond the numbers and the lengths of time to which that necessity has applied. For consigning them to the Hulks, and that or terms equal to the convict their respective transportation terms, yes: viz. by sect 3, the Act of 1784: † † 24 G.3. Sess. 2. C.45. §.6. but the that Act what is said in speaking of the Hulks and other such places of confinement on ship board or at land, says nothing about Gaols: nor can it mean the Gaols to which the Convict, in each case was committed with a view to transportation because it supposes him to be removed from that very Gaol to such place of confinement: nor yet to any other Common Gaol, since it supposes him to be not under the custody the management not of a person stated as Gaoler, but under that of a particular of person stated as Overseer the higher
thence there in the numbers within the limited numbers so often spoken
of has had no warrant who express allowance whatever
for this Act

In such case in the instance of every convict delivered so kept in
any of the Gaols, the like warrant for the keeping him there has been the
plea of demand for the improbability of disparity of time during any part of that term

In this case, a matter worth inquiry may be
whether, among the transportable Convicts, who instead of
being transported or consigned to the Hulks have been
kept in the Gaols, there are any who have been kept
there for a time exceeding the utmost length of their
respective already above explained commtation terms? – If any such examples
have occurred, then the arrangement has been truly
curious. According to law, they would only have their punishment
been there could not have continued beyond such
shorter terms: by abuse of law by a system of misconduct
shared in such proportion or other between the Secretary
of State, and the Treasury, it has been continued
for such longer terms.

Not to do any thing late as long as possible
after the time when it ought to have been done was – as
far as I have ever understood – among the practical
rules of the departed Treasury: more especially at least as
to every thing that depended personally either upon it the first
Post or Long Lord or the Junior Secretary that refute this was the case with and this I have understood in particular to
to have been the case with regard to the provision to be made of the
regard to the means of transportation. I have understood
from In the case of the Hulks I should of course
expect to find the system of procrastination realized pursued
in a proportionate degree. In this view of the matter
it seems no impossible conjecture, that among those who
from

any one of these modes expressly authorized by : and consequently although so far as the necessary extends, the validity of the plea extends, yet it extends no further.

Identifier: | JB/121/406/001 "JB/" can not be assigned to a declared number type with value 121.
Date_1	1802-04-21	Marginal Summary Numbering
Box	121	Main Headings	Panopticon
Folio number	406	Info in main headings field	Inessential? Dispensing power
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D2 / F40
Penner		Watermarks	CW 1799
Marginals		Paper Producer	C. Abbit Lees
Corrections		Paper Produced in Year	1799
Notes public	[[notes_public::Superseded by 24 G.3 [note in Bentham's hand]]]	ID Number	001
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