SSamDav/icdar-htr-competition-2015 huggingface dataset:
and building one or more Penitentiary House or Houses

upon the said Ground in such manner and under

and for such considerations, terms, conditions, powers,

limitations and restrictions as the said Commissioners

shall deem necessary and expedient, and shall cause

to be inserted in such Contract or Contracts such law-

-ful clauses, covenants and agreements, as shall be re-

-quisite to enforce the execution of the same according-

-ly, 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 appointed 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 herein after mentioned,

to erect and adapt to the purpose aforesaid a build-

-ing of a new and peculiar 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

Jeremy Bentham under the name of a Panopticon

or Inspection 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 in-

-spection of any person or number of persons in

charge

9
6

Such are the methods that have occurred to

him for the accomplishing that identification of

interest with duty, the effectuating of which in the

person of the Governor, is declared to be one of the

leading objects of the Penitentiary Act.

The station of Jailor is not in common account

a very elevated one: the addition of Contractor has

not much tendency to raise it. He little dreamt,

when he first launched into the subject, that he was

to become a suitor, and perhaps in vain, for such

an office. But inventions unpractised might be in

want of the inventory: and a situation, this clip-

-ped of emoluments while it was loaded with obliga-

-tions, might be in want of candidates. Penetrated

therefore with the importance of the end, he would

not suffer himself to see any thing unpleasant or

discreditable in the means.
may have place as per Ch. XXI. §.

Art. 12. On both sorts of occasions, appli-

-cations for a Quasi Jury hearing, is in effect

Quasi Jury, to himself or another Judge of the

same Judicatory with a Quasi Jury. As to the

difference between this sort of virtual Appeal &

the Appeal so called to a distant Judicatory

see Ch. XXI. S.

Art. 13. Not till after a hearing on the

points in question in the Immediate Judicatory

before a Quasi Jury, can the suit be carried

by Appeal to an Appellate Judicatory.

Art. 14. During the days of their appoint

-ed service, the Quasi Jury when not in actual

attendance in that character, take their station

among the Judicial Visitors, in the Visitors Gal-

lery as per Ch. XVII S. during the performance

of original examinations.

Appeal from a Judge Immediate without a

S. 2.

(4

4
12.

Of Theft or Stealing.

marketable nature, yet owing to particular exigencies it possesses

an extraordinary value by reason that from the want of something

of the sort some great mischief is likely to ensue, and yet there

is either no more or not enough to be had of the same sort in

the place in question. For instance corn or other provisions, gun=

:powder or other stores, mercury, peruvian bark or other specific

medicines in a secluded island or a town invested by an ene=

In this case an extraordinary value may be assigned as in

the former.

Aggravation III.

Calamity of a Fire.

[(A) Advantage] It matters not of whom the Advantage is tak=

:en : whether of persons who was in danger of being sufferers or even

of bye standers. For whether the person whose property the things

are that are stolen by a sufferer by the Fire or not the Offender in

general will not know; and the apprehension of being plundered

deters men from coming to assist.

In this case over and above the ordinary punishment

:my.

(A)

3. When in order to commit the Offence Advantage is taken of the

Exposition.

the

C
17 March 1792.

Proposal

For a new and less expensive mode

of

employing and reforming Convicts.

The author, having turned his thoughts to the Peni-

-tentiary System from its first origin, and having lately

contrived a building in which any number of persons

may be kept within the reach of being inspected during

every moment of their lives, and having made out

as he flatters himself to demonstration, that the on-

-ly eligible mode of managing an establishment

of such a nature, in a building of such a construct-

-ion would be by contract, has been induced to make

public the following proposal for maintaining and

employing convicts in general, or such of them as

would otherwise be confined on board the Hulks for

25. per Cent less than it costs Government to main-

-tain them there at present; deducting also the ave-

-rage value of the work at present performed by them

for Government: upon the terms of his receiving

the produce of their labour, taking on himself the

whole expence of building, without any advance

to be made by Government for that purpose, re-

-quiring only that the abatement & deduction a-

-bovementioned shall be suspended for the first

year.

Upon

1
2

C

Of Insulting Threats.

Wife or Sister the first time I come near them.

[(B) Any other] It matters not who that other person is if

in threatning to do an injury to that other the intention of

your adversary was to expose You to contempt: as if the

person so threatned were any near relation or friend or

dependent of Yours, especially if the party insulted be

of male , and the party threatened be a female.

Reasons.

For the case may be that you might be as much

affected by an injury, especially by a personal insult, done

to a person so related to You, as by an injury done to

Yourself: and such an injury if offered with impunity,

might in either case serve equally to display your Helpless:

Punishment.

The Punishment for insulting Threats may be the

same in kind as for Personal Insults.

For insulting Threats the Punishment shall be

more severe than for open Threats of Personal Injury un:

the sex of the

:ness.

companied with Contempt: even than for open threats

against
Art.17. In case of Escape the said Jeremy Bentham

and his said Successors shall respectively be made Debtors

in their quarterly account to the amount of £50 for every instance

of such escape, irresistible violence from without excepted: pro-

-vided that they shall be made Creditors to the like amount in

case of recapture.

Art.18. The life of each Prisoner is to be insured by the

said Jeremy Bentham and his Successors at the rate of £100 a

head for a proportionable premium to be paid by the said

Lords Commissioners and their Successors as follows. A compu-

-tation shall be formed of the number of deaths that may be

expected to take place among the Prisoners in the course of

each year out of the said number of a thousand Prisoners

living at the commencement of such year , taking for the

standard the annual proportion of the deaths at the end of

a year to that of persons living at the commencement of the

said year, according to the London Bills of Mortality, and

'the calculations thereon grounded by the late Rev:d Dr Price.

Such computation being made, the said Jeremy Bentham &

his Successors shall at the end of each year be on the one

hand be made Creditors to the amount of £100 for every death

which in the course of the said year might according to such

computation have been expected to take place among the said

Prisoners, and on the other hand Debtors to the said amount

of £100 for every death which within the said period shall

actually have taken place. As for example, suppose the number

of deaths expected to have taken place at the end of the year

to be to the number of persons living at the commencement

of the said year as 1 to 25, this for the said intended number

of

sum total of

11
19. _ In addition to the Watchmen, there should be a

Horse Patrole, at the different avenues to London

and Westminster.

20. _ Lamp-lighters should trim their lamps at certain

hours, not left to their own choice, as they are a daily

nusance. They should ply, all night, at their re:

:spective Watch-houses, for the purpose of re-lighting

such lamps as are extinguished. The Watchmen

should keep an eye to the lamps in his district,

and pass the word to the Lamp-lighter, at the

W. house, to hasten to the extinguished lamp.

21. _ All Lodging-houses ought to be registered some-

-where, and an account taken of their Inmates.

22. _ Link-Boys, or Link-Men, not to be allowed; and

more lights must be put up, at the doors of pub:

:lic places, than are used at present; which lights

may be, in part, extinguished, after the company

have departed.

23. _ A severe penalty on those who leave sewers,

broken-up pavements, &c, &c, in the night, without

lights, and guard to warn the passengers.

24. _ A strict eye to be kept on Livery-Stables, and

on those who hire out Horses; the latter of which

ought not to hire out a horse, without enquiring

into the name, residence, and character of the

person who hires, under a penalty. _

a
a comparative statement of the prices at the two

periods in question and the amount of the en-

-hancement upon each ; such account to be accom-

-panied by proper vouchers for the proof as well of

the actual price and expenditure at the said later

period as of the fair or current price of the like ar-

-ticles at the said former period ; whereupon he the

said Jeremy Bentham shall be entitled to the total

amount of the enhancement so proved , together

with interest at the rate of 5 per cent from the

day of the delivery of such account to the day on

which the amount thereof shall have been

received by him . Provided that if any reduction

of price shall within the same period have

taken place in respect of any other article or

articles so employed or consumed as aforesaid ; he

the said Jeremy Bentham and his Repre-

-sentatives shall in like manner be bound

to render a like account of every such reduction

at the same periods respectively with every

such account of alledged enhancement; the am-

-ount of which reduction shall be deducted from

or if no such dominution shall have taken place ,

then to make declaration to that effect : and

the

the amount of such enhancement as aforesaid:

reduction

5
against a man's Life.

Let the mischief threatened be ever so great, if it

be threatened openly, a man may guard against it by

having recourse to the protection of the Law: but when the

Threat is accompanied with insult, a great part of the

mischief is already sustained, whether the threat be execut:

:ed or no.

Aggravations.

Are the same as in Personal Insults : which See.

Excuses

Are the same as in Personal Insults which See.

Reasons

3

Of Insulting Threats.

C
1.

C

Of Disturbance of Guardianship.

Disturbance of Guardianship is where a person without

of such or such a person from enjoying the advantages of their

respective conditions.

Exposition.

[(A) Lawful cause] See Justifications infra.

[(B) Concerned] See Tit. [Co-Offenders]

[(C) Hindering] It matters not by what means. See Tit. [Matri=

[(D) Guardian] 1. The Father so long as he lives is ordinarily

the Guardian of his Children during their minority. But he may

cease to be so in certain cases specified by the Law. See Law of

Parents and Children, Law of Guardians and Wards, &c. &c.

2. Who is to be guardian when the Father is dead, or has part-

:faction

lawful cause is concerned in hindering the Guardian or the Ward

[(E) Advantages] To wit on the part of the Ward, the Advantage

the fittest to take care of him: on the part of the Guardian, the satis=

:monial Disturbance] sub eadem voce

of being under the care of a person whom the Law has judged to be

:ed with the Guardianship, See in the Law of Guardians and Wards.

(A) (B) (C) (D

(E)
Extortion

The value of a new service occur ing in an old office is to be

estimated from its similarity to the old services. As the fee

which is annext to that one of the old services which comes nearest

to the new one is to the service it belongs to, so let the fee for the

new service be to such new services.

To p.

r

The Fees for offices and all services incident to these offices

ought every where to be adjusted by the legislator. Where this

is not done the extortion is not more to be imputed to the ra=

=pacity of the officer than to the negligence of the Legislator.

In as far as a Legislator authorizes an officer to take

more money for his service than it is worth, or makes more

such services necessary (to the validity of a transaction) than

the end requires he lays on a Tax.

7

C

An officer is to be deemed to have given the party

to understand that he will not do the service unless the

fee be given him if he do but demand it.

So if he do but accept it when offered

Where there is no service to be done for the fee, or where

the service is already performed and the party injured is

no-
* that this plan of the Duke of Portland's for crowding

Gaols and taxing Counties was not in every point of view

a new one, appears from a Memorial presented by the

Middlesex Justices to his Grace about 16 Months before, on the

subject of the State Prisoners committed to Cold Bath Fields.

The Memorial is printed at length in the "Papers presented

"to the House of Commons relative to his Majesty's Prison

"in Cold Bath Fields". Ordered b to be printed 18, Decr 1800. pp 78, 79.

"His Majesty's Justices of the Peace for the County of

"Middlesex ... do ... humbly entreat Your Grace to take into

"consideration the difficulties under which they labour; which

"are yet farther encreased by the addition of so great a

"number of Prisoners of the above description" [State Pri-

-soners] "to those whom the House of Correction was originally

"intended to receive, and with which it is crowded to

"a great degree of inconvenience ....

"They also beg leave to observe, that a very great

"additional expence has been incurred, on account of Pri-

-soners "of the above description; which expenditure, as

"the various Burthens upon the County Rate, are already

"very severely felt , they are deeply concerned to be under

"the necessity of adding to the ordinary Charges of the Prison;

"but this Expence the Magistrates confidently hoped will

"be reimbursed to the County, on a fair statement of the

"several Particulars". -

From the so often mentioned posterior letter of his

Grace's, which I have had the honour to bring to light,

information in no small degree interesting may now be

derived by these same Magistrates. In May 1798 they

complain of the "crowding" of their Gaol with Prisoners

not intended for it, speak of inconvenience, assume (as

was but natural) that the inconvenience was, as such,

unintentional on the part of the Duke, and, in mentioning

it in that character, conceive that the consideration thus

submitted to that Noble person's will, in the character of

a motive, give birth in his Grace's mind to a determination

to grant the relief they pra pray for. Little did they expect

to see the day, & that so early a one, in which by a document

under

28*
P. 92. February 1796. "A general muster took place on the

"14th in every district of the colony, at which every labouring

"man, whether free or conict convict, was obliged to appear. on the

"following morning the settlers were called over, previous to which,

"the governor, who was present, informed them, that he had

"heard of much discontent prevailing among them in consequence

"of certain heavy grievances which they said they laboured under. For

"then, as he was unacquainted with the nature of them, he was

"unable to suggest any remedy, he therefore desure desired that

"they might be represented to him in writing; and, to spare

"them as much trouble as possible, he would direct two gentle-

-"men on whom he had much dependance to visit the different

"districts, and collect from the respective settlers such of their

"distresses and grievances as they were desier desire desirous of

"making known. Before they were dismissed, he gave them much

"good advice; and assured them, that he had already, from his

"own ideas, offered a plan to the secretary of state for their

"benefit, which he hoped in due time would be attended to _

"After then, the women and children were mustered, and

"were found to compose a very considerable part of the settlement."

1

II Collins Extracts Supplement
in detail the state, not only moral and medical, but

economical, of the establishment: and then & there,

as well as on any other day upon summons from

the Court, to make answer to all such questions as

shall be put to him in relation thereto, not only on

the part of the Court or Officer of the Crown, but by

leave of the Court, on the part of any person what-

-soever: questions the answer to which might tend to

subject him to conviction though it were for a capital

crime, not excepted: treading underfoot a maxim

invented by the guilty for the benefit of the guilty,

and from which none but the guilty ever derived any

advantage.

16.th By neatness and cleanliness, by diversity of em-

- ployment, by variety of contrivance, and above all,

by that peculiarity of construction, which without any

unpleasant or hazardous vicinity enables the whole

establishment to be inspected at a view, from a

commodious and insulated room in the center, the

prisoners remaining unconscious of their being

thus observed, it should be his study to render it

a spectacle such as persons of all classes would

in the way of amusement be curious to partake

of: and that, not only on Sundays at the time of

Divine Service, but on ordinary days at meal times

or times of work: providing thereby a system of su-

-perintendence, universal, unchargeable, and un-

-interrupted, the most effectual and indestructible

of all securities against abuse.

Such

5
Page 58. "It is certain also, that under the present system of

"punishment, a much less number of offenders escape conviction.

"Individuals do not, from a sense of the terrible consequences to the

"party, refuse to prosecute; nor juries, from motives of compassion,

"forbear to convict the guilty. This is a most salutary consequence

"of the amelioration of our penallaws _

New York; 1802: Eddy,

Letter 2d or 3

<gap/>; 1793: <gap/> p. 92. "Juries are not now unwilling to

"convict; and pardons are not granted till they [the prisoners]

"discover some appearances of amendment.

Philadelphia; 1795. Liancourt, p. 29. "Juries, who naturally feel

"repugnant to the punishment of death, & incline rather to doubt

"of, than add strength to the evidence adduced, when they find, as is

"now the case, the punishment proportioned to the crime, and

"are convinced of the utility of the scheme, will be less averse

"to investigate & and admit the proofs of guilt. The executive also

"has no sufficient motive to pardon a convict previous to the

"execution of his sentence, since at any time he has the power

"of doing it, after the criminal has demonstrated that he is

"worthy of the indulgence. This certainty of punishment has

"already proved a great check upon criminality".

Philadelphia
4.

Of Theft or Stealing.

C

to dispose of it; whether by making use of it himself; or by trans-

:ferring it to any one else.

2. Nor does it matter for what time: whether forever or only

for a limited time. If only for a limited time, it is theft to the

amount of the value of the use of it, or of the loss of it, for

that time.

[(I) Amenable] A man may be said to intend not to be amenable

to law for taking a thing when he intends either to keep the affair

concealed from the knowledge of the Judge, or not to conform to that

which upon the knowledge of the affair, the Judge shall order.

Instructions to the Judge. X

The signs of a man's intending not to be amenable to law

for taking a thing which he has no right to take are as follows.

1.

X The chief use of these instructions is to settle the ideas of the Judge

on this subject and enable him to determine when a man is guilty. As

to the offender, he knows well enough when he is guilty without danger

of mistakes; on this account the insertion of this article does not seem so

necessary as that of some other parts in the popular part of the Law.

It seems rather to concern the function of the Judge and to belong therefore

to the Title of Procedure.

Note.
3

peaceable possession of the piece of ground aforesaid, at his own expence

cause to be erected and adapted to the said purpose a Penitentiary House

upon the said Panopticon plan, of proper form and sufficient mag-

-nitude for the confining maintaining and employing one thousand

Male Convicts at the least, together with a Chaplain, Surgeon, Task-

-master or Schoolmaster and such other officers with their Subordi-

-nates as shall be found necessary to the said purpose in which

said building or in some Building or Buildings adjoining a

Chapel fit for the use of such Convicts Officers and Subordinates

as also a proper and sufficient Infirmary shall be included.

Art.2. The said sum of £27,000 shall be paid at three

several instalments : to wit £10,000 thereof immediately upon the

signature of this Agreement; £10,000 thereof immediately upon

the signature of this agreement: £10,000 within three calendar

months after this date: and the remaining £7000 so soon as

the said Buildings shall be readiness for the reception of the said

number of Convicts, three weeks notice at the least having

been given of such readiness on the part of the said Jeremy

Bentham : such payments to be made clear of all deductions,

together with interest at the rate of five per cent per annum

for every such day, if any, during which the same shall have

continued respectively in arrear.

Bentham which formed the basis of the present agreement,

and in which the said sum of £27,000 was required on the part

of the said Proposer for the purposes aforesaid , was delivered

in on or about the 17th of March 1793 And Whereas since

that time the prices of divers articles necessary as materials

for the said intended Building as well as of divers articles _

necessary

in

Art.3. And Whereas the Proposal of the said Jeremy
14

THEFT.

same Idea in Substance, only as if it were under a

different grammatical Modification _ the two first

being used where a Verb or a Participle, the latter

where a Substantive is required.

The Use of the Word Theft is governed by the

Nature of the Act; and 'tis from thence as we <gap/> shall

soon see that it takes it's Definition.

The Word Larceny has its Import coextensive only

the

with Punishment annexed by the peculiar Jurisprudence

of our own Country to the main Body of the other

Title: applying in it's proper Signification to such

Cases only of Theft as are punished with the Punishment

With Regard to this Definition, the Source of

which will be hereafter explained, it is sufficient at

present to observe, that it is not taken from any Difference

in the Nature of the Act: so that if when therefore we

meet with any Passage in a practical Book which intimates

, that of such & such a Subject Larceny cannot be committed,

we are not to conceive that the Act of Stealing is deficient

in any of those Qualities which if it had been committed

on certain other Subjects would have denominated it

Larceny

called Felony.

it