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<p>2 Feb<hi rend="superscript">y</hi> 1803</p>
 
<p>Note continued</p>
 
<p>viz: in the instance of all Convicts, who being <del>under</del> at<lb/>
that time under sentence of transportation for limited terms<lb/>
under the old system, were thus in consequence of<lb/>
this new system subjected <add>in this way</add> to <del>the</del> a prolongation of their<lb/>
respective terms.</p>
<p>In the instance of all such Convicts whose<lb/>
Offences <add>have</add> respectively <add>been</add> committed at any period subsequent<lb/>
to that of passing of the abovementioned New<lb/>
South Wales Act, that violation of natural justice <del>has</del><lb/>
is no longer chargeable. If the mind of Parliament<lb/>
can scarcely be supposed to have applied itself to the<lb/>
addition thus made to the severity of the penal laws then <add>it</add><lb/>
<add>can not</add> <del>suppose</del> <add>however be denied, that the form</add> of legislation have at any rate been applied to<lb/>
it.</p>
<note>5<lb/>
But after so large<lb/>
an addition made<lb/>
<add>according to law</add> legally though indirectly<lb/>
the much larger<lb/>
additions made <del>ille</del><lb/>
contrary to law are<lb/>
so much the more<lb/>
inexcusable.</note>
<p>But the greater the addition thus made <add>to the quantum of punishment</add> by this<lb/>
operation of <sic>encreased</sic> and <add>as it were clandestine</add> unperceived <del>severity</del> though<lb/>
neither illegal nor unconstitutional severity, the<lb/>
greater ought to have been the care not to make<lb/>
any <add>such</add> further <del>addition to it by</del> and beyond comparison<lb/>
more enormous addition to it, by operations this<lb/>
palpably illegal, flagrantly unconstitutional, and <add><sic>compleatly</sic></add> <del>perfectly</del><lb/>
indefensible.</p>
<note>From this <gap/><lb/>
of <gap/> it is<lb/>
evident that the legal<lb/>
termination of the punishment<lb/>
was by the<lb/>
contemplation of them<lb/>
were thus illegally<lb/>
added to it.<lb/>
</note>


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Revision as of 11:06, 16 November 2015

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2 Feby 1803

Note continued

viz: in the instance of all Convicts, who being under at
that time under sentence of transportation for limited terms
under the old system, were thus in consequence of
this new system subjected in this way to the a prolongation of their
respective terms.

In the instance of all such Convicts whose
Offences have respectively been committed at any period subsequent
to that of passing of the abovementioned New
South Wales Act, that violation of natural justice has
is no longer chargeable. If the mind of Parliament
can scarcely be supposed to have applied itself to the
addition thus made to the severity of the penal laws then it
can not suppose however be denied, that the form of legislation have at any rate been applied to
it.

5
But after so large
an addition made
according to law legally though indirectly
the much larger
additions made ille
contrary to law are
so much the more
inexcusable.

But the greater the addition thus made to the quantum of punishment by this
operation of encreased and as it were clandestine unperceived severity though
neither illegal nor unconstitutional severity, the
greater ought to have been the care not to make
any such further addition to it by and beyond comparison
more enormous addition to it, by operations this
palpably illegal, flagrantly unconstitutional, and compleatly perfectly
indefensible.

From this
of it is
evident that the legal
termination of the punishment
was by the
contemplation of them
were thus illegally
added to it.



Identifier: | JB/116/285/001"JB/" can not be assigned to a declared number type with value 116.

Date_1

1803-02-02

Marginal Summary Numbering

5

Box

116

Main Headings

panopticon versus new south wales

Folio number

285

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e4

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

37818

Box Contents

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