SSamDav/icdar-htr-competition-2015 huggingface dataset:
2.

C

Of Matrimonial Disturbance.

of the Wife or both for a time or forever.

2. He may be prohibited from holding correspondence with

the Wife for a time or forever.

Justifications are

1. Medical practice. 2. Precaution against greater mischief. 3.

Defence. 4. Military power and subservience thereunto. 5. Ju=

and subservience thereunto.

Lawful causes for being concerned in harbouring a

Woman with her consent but against the will of her husband

are as follows

1. Where the Wife having reasonable ground to apprehend

cruelty on the part of her husband, absents herself from him

in the intention of seeking her remedy at Law. As to what is

to be deemed cruelty, See the Laws concerning Man and Wife.

2.

For disturbing a man in the exercise of conjugal rights

Punishment.

the Offender's punishment may be as follows

1. He may be banished the presence of the husband or that

:dicial power and subservience thereunto. 6. Sovereign power
11 P 204. April 1799. "It having been for several days reported, that

"the crews of two boats, which had been permitted to go to Hunter's

"River for a load of coals, had been cut off by the natives, the

"governor ordered his whale boat to be well armed, and to proceed

"thither, in quest of the boats and their crews; sending in her

"Henry Hacking, a person on whom he could depend. Upon his

"return he informed the governor, that on his arrival he found

"an attempt had been made to burn the smaller boat, which

"had had three men in her, who were each provided with a

"musquet. The boat was there, but the men were not to be

"found. Going immediately in search of them, he fell in with

"a large body of natives all armed. On desiring them to inform

"him what was become of the white men, they told him they

"were gone to Sidney. This did not satisfy him, as he found

"they had taken away the sails of the boats, the men's blankets,

"and every thing that they had with them. He threatened

"to kill them if they did not instantly inform him, & presented

"his musquet at them. This they laughed at, and said, that

"if he did not go away, and leave them a small two-oared

"boat which he had brought with him, & the whale boats, they

"would destroy every white man there, and poised their spears in

"a threatening manner. He again levelled his piece at them, and

"snapped it without priming, in the hope of alarming them; but

"they were not so easily frightened, and became more noisy and

"violent. Finding that an attack was almost certain, he charged

"his gun with buck shot, and ordered them to leave the place;

"but, their clamour increasing, he fired, and four of them fell, one

"of whom got up again and ran off, the other three remaining

"upon the ground, probably mortally wounded. The whole body

"disappeared, and no more was seen seen of them, leaving Hacking

"to fill his boat & effect his <gap/> retreat unmolested.

"Our people having frequently visited this river for coals, &

"always treated with kindness and civility the natives whom they

"met, this behaviour was not to be accounted for, except by its

"being allowed that all savages are under the dominion of a

"sudden impulse; which renders it impossible to know when to

"trust to them."

10
In conclusion, my Lord, I am inclined to think Your

Lordship will find the following charges, against the Duke

of Portland, but too well established. _

1. That he has not only assumed, but concurred in the

exercise of, a dispensing power, by advancing positions tending

to warrant him in defeating _ and defeating accordingly _ the

the sole object of the Act of 1794, by which a Penitentiary estab-

-lishment was required to be set on foot: and, in so doing,

has been guilty of an illegal exercise of legislative power, a-

-mounting in its effects to the repeal of an imperative law

of Parliament.

has

2. The he assumed and exercised the power of punish-

-ing Convicts, by a mode of punishment of his own choice,

in cases in which that mode of punishment was, by Par-

-liament, expressly forbidden to be employed: and, in so doing,

has been guilty of another illegal exercise of legislative power,

amounting in its effects to the enactment of a positive impera-

-tive law, as well as to the repeal of a prohibitive law. _

3. That, in another instance, he has assumed at any

rate (whether in any and what degree he may have exercised

it, being matter of enquiry) a dispensing power, viz: that of

defeating one of the declared objects of another Act _ the Act

of 1779 _ in so far as the confinement of Convicts of a certain

description on board the Hulks, is among the modes of pu-

-nishment, the choice of which is therein committed to the

respective Courts: and, in so doing, has been guilty of another

illegal exercise of legislative power, amounting in its effects to

the repeal of a corresponding portion of another imperative law. _

4. That _

Dispensing Power

1
1

C

Theft Embezzlement and Fraudulent obtainment

If a man pawns the goods of another as if they were his

own this is one way of converting them to his own use

Observation,s

It may be thought that pawning another persons _

goods is not quite so mischievous an offence as ordinary

stealing And in truth the mischievous consequence of an

act of Theft is in some small degree deminished by the goods

being disposed of in this manner. If a man pawns the

goods instead of selling them out right it affords some

presumption of his intending to restore them: besides

that by being deposited with the pawnbroker they are

forthcoming in the hands of a respectable person and all

there is wanting is it, being discovered where they are

which by the attention and honesty of the pawn brokers

is what very often happens

But if the offender does really return the goods provi=

=sion is made by the general clause for the

of his punishment : and as it is strictly and indubitably

responsible

a case of theft since the deposing of the goods in this manner

as _
person, or body of men who are invested with

are convertible terms. So that, our definition

receives little light from the addition of these

words: it amounting only to this, that law

is a rule of action prescribed by him, who

prescribes it.

["It is also, says our Author, a rule, command-

"ing what is right, and forbidding what is

wrong." [If You ask our author, what he means

by w right, and wrong, he will tell You, that

is right which the law declares to be right,

and that is wrong which the law pronounces

to be wrong. So that, here again no new light

is

the power of making laws: for that Sovereignty

& legislature

107
3.

C

Of Semi-public Offences in General.

is upheld: the district by which the road, the bridge, the aqueduct, the

church, (or whatever it be) is kept in repair: so much as regards the

of Individuals: of such Individuals to wit who happens to have

particular use here than with regard to such articles as are the pro=

always be replaced or repaired at the long run; though it may

require a considerable length of time to accomplish that effect:

have been incurred. In some cases however the thing may chance

to the fund, by which the common property of the Neighbourhood

consequential damage will commonly fall principally to the share

between ordinary articles and such as are irreplaceable is of more

article of common property which is in question. The distinction

:perty of an individual. The impractibility of replacing the arti=

:cle is more apt indeed in this case to regard the time than the

thing itself. A bridge, a road, a ferry-boat, an aqueduct can

during which interval a great deal of consequential damage may

to be absolutely irreplaceable: particularly when it happens to be

some rare and ornamental work of Art. Who for instance could

make sure of finding a second Falconet to replace the statue of

Peter the Great at Petersburgh? Or a second Pigal to replace

that of Louis the 15th at Paris?

To

sustained a special damage by reason of the mischief done to that
shall be requisite to enforce the execution of the same accordingly,

and within a time to be limited, And Whereas in and by an

instrument dated this day the said piece of ground has been

fixed upon accordingly and the said Jeremy Bentham ap-

-pointed sole Feoffee for the purpose of purchasing the same

And Whereas he the said Jeremy Bentham hath proposed

at his own expence but upon such terms and conditions and

for such considerations as are hereinafter mentioned, to erect

and adapt to the purpose aforesaid a building of a new and pe-

-culiar nature invented by Samuel Bentham Knight of the

Military Order of St George of Russia and Brigadier General

in her Imperial Majesty's Service, Brother of the said Je-

-remy Bentham, under the name of a Panopticon or In-

-spection House in and by means of which said Building

any number of persons may, in as far as it shall be thought

proper, be kept under the inspection of any person or number

of persons in charge thereof during any or every moment of

their respective lives, Now these presents witness and the said

Jeremy Bentham for himself his Heirs, Executors and Admi-

-nistrators doth convenant promise and agree to and with the

said Lords Commissioners as also the said Lord Commis-

-sioners for themselves and Successors to and with the said

Jeremy Bentham his Heirs Executors and Administrators

in manner following: viz:

Article.1. The said Jeremy Bentham, for and in consi-

-deration of the sum of twenty seven thousand pound to be

paid in manner hereinafter mentioned, with the addition of

such supplemental allowance as is herein also mentioned,

as also in consideration of his being to be appointed Governor

of

2
Theft

76

It may now also be Time to take a short

review of the Definitions given by expository Writers,

and to observe with what success they have illustrated

a favourite Aphorism of their own, that to

define is in Law a perilous Undertaking" #

Larceny, (for that we may remember is

the Term employed by them) is defined by the

Author of the Commentaries _ "the felonious

taking and carrying away the personal Goods

of another.

1st. The word "felonious" is afterwards explained

we have seen how.

Take it before or after the Explanation

it is altogether as edifying and instructive

for the Purpose of characterizing the Offence

as the word "Cabalistical" or any other

uncouth Word that might be substituted

in it's Room.

It indicates, as we have seen, + the

punishment; and it indicates nothing else,

what we learn by means of it is, that

Larceny

+ v. the Chapter of Nomenclature
My Lords, Whitehall 14 Oct. 1799.

Mr King having laid before me a Letter from

Mr Long of the 27th ulto, desiring, by command of

your Lordships, to be apprized of the number of Con-

-victs, which the Panopticon proposed to be erected by

Mr Bentham, is intended to accommodate. I have

Majesty, relative to the building of Penitentiary Houses

for confining and employing in hard labour, Persons

I understand the object of these Acts to be, that

such Penitentiary Houses should be used principally

as receptacles for such transportable Convicts as the

several Gaols of the respective Counties cannot contain,

from the time of their receiving sentence, till an

opportunity may offer for their being transported.

With respect to the probably number of transport-

-able Convicts _

no safer rule can be adopted, than by taking the

greatest number of the four last years of Peace:

though it may increase, yet the increase of live

Stock use will probably more than counter balance the

difference.]

will probably more than counterbalance the difference.

examined the Acts of the 19th & 34th of his present

convicted of transportable and other Crimes.
It may here indeed be observed that the Money

which he is amerced goes to the State and therefore is not

lost: The Absurdity of such a proposition provision

will therefore appear still stronger & more unquestionable

if instead of the Fine we take for the Punishment any

Number of Stripes, no Matter what, which any one

may suppose equivalent to it. _ I made choice in

the Example of a suffering having the same Subject

as the Crime only for the Simplicity of the Picture
on the occasion of this suit to any other of the

actors on the Judicial Theatre: as to whom Se ChXI.5

Art.6.II. Lecture function. In the exercise of

this function they share with the Judge in the pe

rusal of all evidentiary and other written or

otherwise visibly expressed portions of relevant

discourse.

Ant. 7.III. Inspective function. In the exer-

cise of this function, they share with him in

the inspection, not only of all evidentiary & other

written written or otherwise visibly expressed por-

-tions of discourse, but also of all persons & things

serving as sources of real evidence.

Ant .8.IV. Interrogative function. In the ex-

ercise of this function, they address themselves

to any of the actions on the Judicial Theatre.

As to the mode of giving effect to the desire

signified by such experience, see Procedure Code

Tit . Quasi Trial

Art 9. V. Commentative function. In the

ject of their remarks, not only the evidence even

exercise of this function, they take for the sub-

imitation

(2)

7
4

In these three cases the afflictive punishment shall not take

place and the party injured shall receive compensation or not, and

Costs shall be distributed at the discretion of the Judge.

Extenuation

Where there is matter of Excuse , the Offender shall suffer

any one or more of the punishments appointed for Lascivious

Assaults.

Observations

There are those who seem half inclined not to admit of

any prosecution for this offence.

The parable of the Sword and the Scabbard quoted on

will never do as a Rule of Law. It fails absolutely where the Wo:

:man is held motionless either by force or terror: where through

weariness or affright her senses fail her, and she falls into a

Swoon. It fails still more evidently where the Ravisher has a:

:ny one to assist him. Certain it is however, that prosecutions

for this Offence ought to be regarded with a jealous eye; and

that the comparative appearance of the parties in point of strength

may furnish evidence of such force, as the positive testimony of

any single person will hardly countervail.

this occasion by Mr Voltaire,+ may pass very well as a jest, but

a

C

Of Rape
43

seems to have fallen into, by asking for Jail building

money from Parliament, to ease his County from

so much Poor-rate. It was but t'other day as Your

Lordship has been seeing that Acts of Parliament were

broke through by great persons to shake the burthen

off from government & throw them upon the Counties.

Great persons giving themselves this trouble lay the

burthen on the Counties: and already he calls upon

them to undo their own undoings, & get Parliament

to take it off the Counties! The Counties did I

say? I beg his pardon _ not all the Counties toge-

-ther & by a general Act, but one County only &

that the richest in the kingdom, & by a particu-

-lar Act _ by a priviligium which he wishes to see

made on purpose! _ A more unfortunately-timed

pretension, to all appearance at least, surely was

never brought forward, than this which has been

thus insinuated by a gentleman who, I dare answer

for him, meant nothing less than to offend times

& reasons. _ Ah! why did I not see that fatal page

before it made its escape out of the press! No human

being is insignificant, but that accident may throw

in his way the means of service. _

On this untoward occasion, what is there that

can be done for a gentleman, who in the midst of

his anxieties to steer clear of the rock of offence,

has thus run full upon it? _ Step in once more,

my Lord, to his relief, for nothing less than a great

person can effect it. The seals of the fountain of

mercy are in Your Lordship's hands _ grudge not a

few
3. Each Prisoner is to be kept in a state of constant neatness

and tightness and to that purpose shall be supplied at least once

a year with one compleat suit of such cloaths as shall be allotted,

and with a clean shirt at least twice in every week.

be

4. Each Prisoner shall constantly be supplied with a separate

bed and bedding competent to his situation and kept in a

state of constant cleanliness the sheeting being changed at least

once in every fortnight.

5. The Prison shall be warmed in every part whenever the

season renders it necessary, and lighted at the Proposer's expence

6. No Prisoner shall be suffered to have access to any kind of

spirituous liquor, except where ordered in the way of medicine.

7. A Chaplain, being a Clergyman of the Church of En-

-gland, shall be provided who in person or by occasional Deputy

shall be constantly living in the midst of the Prisoners and con-

-stantly keeping the whole assemblage of them in view.

8. So in like manner a Surgeon.

9. Schoolmasters in sufficient number shall be provided, by

whom instruction shall be administered, at least on Sundays during

the intervals of meals and divine service, in reading writing &

arithmetic to as many of the Prisoners as shall be found to

stand in need of it.

10. Each prisoner shall be allowed a share of his earnings

to the amount of not less than 1/4 part of the fair value thereof

11. A portion of such share (but unless with the Prisoner's

consent not greater than one half) shall be laid up to serve as

a fund for an annuity for the Prisoner's life to a certain

amount
6.

Of Polygamy.

under the auspices of the Laws. She is to be regarded therefore

on the footing of a Widow. In point of reason she ought not to

be regarded in a light in the least degree less favourable.

But popular prejudice is seldom perfectly equitable to

misfortune.

Next with regard to Sharping. It is not always that

a Woman thus imposed upon suffers in her fortune. Perhaps

she had none: the only bait that tempted the Offender was her

person. It is only in case of her having had a fortune, and

that fortune's having been dissipated by the Offender, that she

is a sufferer in this way. In the account of dissipation, so

much as it is supposed she would have expended had she

remained single, must be deducted.

Quest. 1. Why criminal consciousness on the part of the second

Wife is made an Excuse in favour of the Man.

Reasons.

The great mischief lies in the deceit put upon the Woman,

and the disappointment which is apt to be the consequence. But

in this case there is no deceit nor disappointment. It is a joint

contrivance

C
Want of a regular market for purchasers.

No 3. Page 113. May 1798. "As the governor has received several

"for their information:

'From the nature of the difficulties of which the settlers

'upon Norfolk-Island have complained, difficulties which have not

'until very lately been known to have an existence, the governor

'is led to suspect, that the same rage for traffic, and & an intem-

-'perate 'indulgence in some of those destructive gratifications which

'have so effectually ruined many of the most forward & promising

'settlers in New South Wales, have reached Norfolk-Island. _

'His Excellency, from an earnest desire to promote the prosperity

'of the island, and the true happiness of its inhabitants, has,

'since his arrival in this country, availed himself of every

'opportunity of forwarding for their accommodation a share of such

'little comforts, as accidental ships may have brought hither. But,

'he is sorry to observe, that, instead of those attentions being felt

'as an advantage, they appear only to operate as an incitement

'to more extensive dealings; a circumstance which he foresees

'must end in the ruin of many of the settlers, for whose

'welfare he is extremely anxious. He therefore urges them not

'to be led away from their real interest, by speculative

'ideas, or a desire of indulging in dangerous gratifications,

'squandering the whole produce of their hard labour in trifles,

'or in scenes of dissipation which must eventually end in

'their complete ruin. He desires that they will persevere with

'patience in the management of their farms, and the rearing

of 'stock; and assures them that he has taken such steps

'as he hopes will incline the government to consider the

'inconveniencies which are sustained in this distant part

'of the world, and induce them to adopt such measures as

'will promise the colonists, before long, every European article

'that they may have occasion for at a very moderate expence;

'and by that means put an effectual stop to the impositions

'under which the industrious settlers have too long laboured."

& complaints

complaints and "petitions from the settlers there (on Norfolk Island)

"he caused the following order to be printed and sent thither

2
10

Remainder to any Assignee or Assignees of the said Sa-

-muel as aforesaid with an allowance annexed to the said

office of not less than £12,000 a year payable quarterly,

clear of all taxes, fees, gratuities and other deductions

whatsoever and with interest in case of arrear as afore-

-said as also to appoint every such successive Govern-

-or as aforesaid Feoffee of the said piece of ground

whereon or on part whereof such Penitentiary House

or Houses with the appurtenances shall be erected:

provided that such allowance shall not begin to be-

-come due untill one year after the day when

the said intended establishment shall be in rea-

-diness to receive the said Convicts in pursuance

to notice as aforesaid : the said allowance of 27,000,

together with the supplemental allowance stipulated

for as abovementioned, being intended to include

all the charges attending the custody maintenance

and employment of the said original number

of 1000 Convicts in manner herein after menti-

-oned during the first year : except only the am-

-ount of the premiums for insurance herein

after mentioned.

Art.6. The said Jeremy Bentham and his Suc-

-cessors as abovementoned shall moreover be allowe-

-d to employ the prisoners for the proper benefit

of them the said Governors to receive to themselves

the

respectively

£
59

That recommendation by subordinates should

be taken without enquiry is natural enough, customary

enough, certainly not illegal; and so far without

dispute not culpable. In the present instance, for

judging of the propriety of the recommendation, or

of the views which gave it birth, two points may

afford some light: the one antecedent to the ap-

-pointment; the other subsequent: the person

recommended for the office, & his conduct when

invested with it.

The gentleman who comes out of the pocket is

without dispute the friend of the wearer of the pocket

out of which he comes. - What are his other titles?

To me, who neither am known nor know, he is known

by nothing but a name: nor even by name shall

he be spoken of by me. In matters of this kind -

where public money is thus disposed of - in my

estimate at least which never looks for any thing

more than human in the bulk of men - not the

receiver, but the donor- I had almost used another

word - is to blame. What is on record- what is pub-

-lic - may be mentioned without reserve: & it is

quite sufficient for the purpose. Lord Pelham, on

coming into office, finds him a Police Magistrate,

at £400 a year. By one of Lord Pelham's two exertions,

to this £400 is added another £100, God knows why

or wherefore: and for decency's sake, and because

it could not be done otherwise - the whole corps of

the Police-Magistrates I mean - for as to drudges who

must attend, and must understand the business,

the