JB/121/441/001

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3 Apr 1802
Dispensing Power

when a ship is ready in readiness to sail to carry him there.
sooner it is not possible A Convict is to be put under confinement on board
a Hulk? – when? – when in some Hulk
or other there is room enough to hold him. Supposing
that at the time of passing the sentence there is neither a ship ready to sail with
him nor room for him in any Hulk, what is to be done with
him then? Is he to be set free? That would be
mischievous and from the nature of the case can
not reasonably rationally be supposed to be the conformable intention of the
legislature. The legislature knows where he cannot
but he at the time of receiving such sentence
viz: in one of the Gaols: of course there it intends he should be untill the time comes when it
will be practicable for him to be shipped off as such
to the Hulks on board a Hulk, to be disposed
of according to his sentence.

This then is Thus far we have a true necessity a a spontaneous self-produced that sort
of necessity which constitutes a justification a necessity that arises springs out of the nature of the case – which
is sufficient to justify a departure from the letter
of the law. A necessity of this sort does, may for aught I really amount
to a justification. know amount, even in the case in question, to a compleat justification. But what shall I we
say of a necessity made by the very man who
pleads it? made for the purpose of being thus pleaded? employ'd? for the purpose of affording him
a pretence for case substituting his own will to
that of the law? A necessity of this kind – a
factitious necessity – a necessity fabricated for the
purpose of a support to an illegal a plan for thus
over-ruling the law – such a necessity instead of
being a justification of the act, is an aggravation of the
crime

Identifier: | JB/121/441/001 "JB/" can not be assigned to a declared number type with value 121.
Date_1	1802-04-03	Marginal Summary Numbering	14
Box	121	Main Headings	Panopticon
Folio number	441	Info in main headings field	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	F28
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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