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Ready for review. Submitted by Kdownunder

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I do not mean to say that in the case of the transportable
Convicts, the practice of keeping them in the Goals
is illegal altogether: that in the instance of such male convict,
for every day that he is kept in a Gaol, he is kept there
contrary to law. There is a case In one or two cases it is
legal: in the other, not. The case in which it is legal, is
that of necessity. To the extetn of the number allowed as above by the Act of 1799, it is legal as already mentioned beyond is doubt. Even In the instance of Convicts over and over this number (I will call them supernumerances) It is legal so being in the instance of each Convict, during such time as it is not possible
to dispose of him according in the way of in same of the ways expressly prescribed in the way of those other modes system are
by Parliament – transportation system Hulk system Hulks and
Penitentiary system. A Convict is to be transported
to New South Wales:- when C when a ship is
in readiness to wit to carry him thither:- sooner it is
not possible. A Convict is to be put under confinement
on board a Hulk: when C when in some
Hulk or other, that has been engaged for the purpose, there is room enough to receive
him: that at the time of passing pronouncing the sentence,
and for a certain time after, there is neither a
ship in readiness to sail with him, nor room for
him in any Hulk, what is to could be done with him
then, if he were not to be kept in a Gaol? Ought Shall
he be set free?
he be set free?
were that done that would not only
be in itself mischievous, but would defeat the declared intention
of the lig
render it impossible to consign him
at any time thereafter to either of the three modes of punishment expressly authorized; and
would thereby be repugnant to the declared intentions of
the legislation.

Identifier: | JB/121/413/001
"JB/" can not be assigned to a declared number type with value 121.



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Jeremy Bentham

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Jeremy Bentham

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