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24 Mar. 1802
N. S. Wales 4
of the legislator that [a transportation to this intended
Erebus Tartarus,] a banishment intended and hoped to be for life is authorized
under a sentence which in words suppose it
to be for only three years.
+ + not so for the Art 1779 does not number Botany Bay. Power is given to choose the place of transportation but that should not be so construed as to amount to an extension of the punishment. By the place of necessity they obtained from the Legislature power to change the place: and by abuse of their they have confounded proportions, and changed just punishment into infinite.
It is certainly not contrary to law for a man to
Secretary of State to send a man to this intended
Tartarus under a sentence which speaks but of three
year. What Is it or is not contrary to law, for
in the case where the three years want but a few
days of having expired?
Cases have been mentioned to me — specific
cases (it is impossible Your Lordship must be sensible
for me in my situation to say with what truth)
in which during the administration of the Duke of
Portland men have been sent there to New South
Wales or would have been but for timely and casual inter-
vention position of whom it has been known that before they
could reach the scene of this their punishment the legal duration
of there punishment as declared by their sentence
would be at an end. In Mr Collins's authentic
history, if I do not
Identifier: | JB/116/235/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-03-24 |
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116 |
panopticon versus new south wales |
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235 |
n. s. wales |
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001 |
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text sheet |
1 |
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recto |
e4 |
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jeremy bentham |
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37768 |
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