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<p><note>6 Conduct <lb/>1 Legislation Note <lb/><del><foreign>Habeas Corpus | <p><note>6 Conduct <lb/>1 Legislation Note <lb/><del><foreign>Habeas Corpus | ||
</foreign></del> <lb/>Every <gap/> of <lb/>every person other <lb/>than a Convict <lb/>non-emancipated <hi rend="underline"><foreign>de <lb/> Jure</foreign></hi> is no offence <lb/>against the <foreign>Habeas <lb/>Corpus</foreign> Act — on the <lb/>part of every <gap/> <unclear>envisioned</unclear> <lb/>on 500 — <lb/>with Premunire — <gap/> of Pardon.</Note> <lb/><del>I have <gap/> In speaking of <add>the de view given,</add> the evil consequences <lb/>of this mismanagement I have spoken as yet but of those <lb/>which are in their nature but contingent, and have not yet been realized. There remain others that which may <lb/> yet come to be realized and are such as no power or | </foreign></del> <lb/>Every <gap/> of <lb/>every person other <lb/>than a Convict <lb/>non-emancipated <hi rend="underline"><foreign>de <lb/> Jure</foreign></hi> is no offence <lb/>against the <foreign>Habeas <lb/>Corpus</foreign> Act — on the <lb/>part of every <gap/> <unclear>envisioned</unclear> <lb/>on 500 — <lb/>with Premunire — <gap/> of Pardon.</Note> <lb/> | ||
<del>I have <gap/> In speaking of <add>the de view given,</add> the evil consequences <lb/>of this mismanagement I have spoken as yet but of those <lb/>which are in their nature but contingent, and have not yet been realized. There remain others that which may <lb/> yet come to be realized and are such as no power or providence <lb/>in the Colony, nor any thing less than an Act of Parliament <lb/>would be able to avert. These cannot in the punishment <lb/>that under the <foreign>Habeas Corpus</foreign> Act awaits the <lb/>parties concerned in the detaining of the <add>several</add> individuals who <lb/>from the foundation of the Colony to the present time have <lb/>been <add>unjustly and</add> forcibly detained in it.</del></p> | |||
<p>"And for preventing illegal imprisonment <add>(Says the Act <hi rend="superscript">+</hi></add> <add>or</add> in prisons beyond <lb/><note><hi rend="superscript">+</hi> 31 C.2.c.2. §.12</note> <lb/>"the Seas; Be it further enacted ... that no subject of this Realm <lb/>"that now is, or hereafter shall be an Inhabitant or Resident <lb/>"of this Kingdom of England .... shall or may be sent prisoner <lb/>".... into <gap/>, Garrisons, Islands or places beyond the Seas, <lb/>"which are or at any time times hereafter shall be within or <lb/>"without the dominions of His Majesty. The Here and Hereafter: <lb/>"and that if any of the said subjects <del>are</del> ... hereafter shall be <lb/>"so imprisoned, every such person ... so imprisoned ... may for <lb/>"every such Imprisonment maintain by order of the Act an <lb/>"Action or <add>Actions</add> of false imprisonment, in any of his <sic>Majestys</sic> <lb/>"Courts of Record against the person or persons by whom he <lb/>"or her shall be so committed, <hi rend="underline">detained</hi>, imprisoned, sent <lb/>"Prisoner or transported, contrary to the true meaning of this <lb/>"Act, and against all or any <del>pla</del> person or persons that shall <lb/>"<hi rend="underline">frame</hi>, <hi rend="underline">contrive</hi>, <hi rend="underline">write</hi>, <hi rend="underline">seal</hi>, or <hi rend="underline">countersign</hi> any Warrant or <lb/>"writing for such commitment, <hi rend="underline">Detainer</hi>, Imprisonment or <lb/>"transportation, or shall be <hi rend="underline">sdvising</hi>, aiding or assisting <lb/>"in the same or any of them; and the Plaintiff in every <lb/>"such Action shall have judgment to recover his | <p>"And for preventing illegal imprisonment <add>(Says the Act <hi rend="superscript">+</hi></add> <add>or</add> in prisons beyond <lb/><note><hi rend="superscript">+</hi> 31 C.2.c.2. §.12</note> <lb/>"the Seas; Be it further enacted ... that no subject of this Realm <lb/>"that now is, or hereafter shall be an Inhabitant or Resident <lb/>"of this Kingdom of England .... shall or may be sent prisoner <lb/>".... into <gap/>, Garrisons, Islands or places beyond the Seas, <lb/>"which are or at any time times hereafter shall be within or <lb/>"without the dominions of His Majesty. The Here and Hereafter: <lb/>"and that if any of the said subjects <del>are</del> ... hereafter shall be <lb/>"so imprisoned, every such person ... so imprisoned ... may for <lb/>"every such Imprisonment maintain by order of the Act an <lb/>"Action or <add>Actions</add> of false imprisonment, in any of his <sic>Majestys</sic> <lb/>"Courts of Record against the person or persons by whom he <lb/>"or her shall be so committed, <hi rend="underline">detained</hi>, imprisoned, sent <lb/>"Prisoner or transported, contrary to the true meaning of this <lb/>"Act, and against all or any <del>pla</del> person or persons that shall <lb/>"<hi rend="underline">frame</hi>, <hi rend="underline">contrive</hi>, <hi rend="underline">write</hi>, <hi rend="underline">seal</hi>, or <hi rend="underline">countersign</hi> any Warrant or <lb/>"writing for such commitment, <hi rend="underline">Detainer</hi>, Imprisonment or <lb/>"transportation, or shall be <hi rend="underline">sdvising</hi>, aiding or assisting <lb/>"in the same or any of them; and the Plaintiff in every <lb/>"such Action shall have judgment to recover his treble cash <lb/>"binders damages, which damages so to be given shall not <lb/>"be less than five hundred pounds; .... and the person or <lb/> <add>persons</add> | ||
</p> | </p> | ||
4 July 1802 + 2 57 N. S. Wales VIII Punishment 8
6 Conduct
1 Legislation Note
Habeas Corpus
Every of
every person other
than a Convict
non-emancipated de
Jure is no offence
against the Habeas
Corpus Act — on the
part of every envisioned
on 500 —
with Premunire — of Pardon.
I have In speaking of the de view given, the evil consequences
of this mismanagement I have spoken as yet but of those
which are in their nature but contingent, and have not yet been realized. There remain others that which may
yet come to be realized and are such as no power or providence
in the Colony, nor any thing less than an Act of Parliament
would be able to avert. These cannot in the punishment
that under the Habeas Corpus Act awaits the
parties concerned in the detaining of the several individuals who
from the foundation of the Colony to the present time have
been unjustly and forcibly detained in it.
"And for preventing illegal imprisonment (Says the Act + or in prisons beyond
+ 31 C.2.c.2. §.12
"the Seas; Be it further enacted ... that no subject of this Realm
"that now is, or hereafter shall be an Inhabitant or Resident
"of this Kingdom of England .... shall or may be sent prisoner
".... into , Garrisons, Islands or places beyond the Seas,
"which are or at any time times hereafter shall be within or
"without the dominions of His Majesty. The Here and Hereafter:
"and that if any of the said subjects are ... hereafter shall be
"so imprisoned, every such person ... so imprisoned ... may for
"every such Imprisonment maintain by order of the Act an
"Action or Actions of false imprisonment, in any of his Majestys
"Courts of Record against the person or persons by whom he
"or her shall be so committed, detained, imprisoned, sent
"Prisoner or transported, contrary to the true meaning of this
"Act, and against all or any pla person or persons that shall
"frame, contrive, write, seal, or countersign any Warrant or
"writing for such commitment, Detainer, Imprisonment or
"transportation, or shall be sdvising, aiding or assisting
"in the same or any of them; and the Plaintiff in every
"such Action shall have judgment to recover his treble cash
"binders damages, which damages so to be given shall not
"be less than five hundred pounds; .... and the person or
persons
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jeremy bentham |
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