SSamDav/icdar-htr-competition-2015 huggingface dataset:
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Of Theft or Stealing

1. If he omits to take such measures as he has reason to think

requisite in order for a person in whose possession or custody the

thing is to know the fact of its being taken. As if a man going

into a Shop where he is not known or even where he is known,

lays hold of any Article, and without telling the shopman or

otherwise giving him notice puts it in his pocket and departs.

Much more if he takes measures to prevent its being known:

as if upon being asked whether he has taken it, he denies it.

2. If he omits to take such measures as he has reason to

think requisite in order for a person in whose custody or posses:

:sion it was to know who the person was that took it. As if

a stranger passing by a Shop snatches up a thing and runs

away with it before the Shopman's face.

By a stranger in this case is meant any one who has

no reason to think himself already known to the owner in such

manner as to be made amenable if it was before the owner's

face that it was taken, or to any one who would be expected of

course to inform the owner; much more if he takes measures to

prevent
7.th To give them an interest in their work by allow-

-ing them a share in the produce.

8th. To convert the prison into a school, and by an

extended application of the principle of the Sunday

Schools, to return its inhabitants into the world, in-

-structed, at least as well as in ordinary schools, in

the common and most useful branches of vulgar learn-

-ing, as well as in some trade or occupation whereby

they may afterwards earn their livelihood. Extraor-

-dinary culture of extraordinary talents is not in

this point of view worth mentioning: it would be for

his own advantage to give them every instruction by

which the value of their labour may be encreased.

9.th To pay a penal sum for every escape, with

or without any default of his, irresistible violence

from without excepted.

10th. To provide them with spiritual & medical as-

-sistants constantly living in the midst of them, and

incessantly keeping them in view.

11.th To pay a sum of money for every one who dies

under his care, taking thereby upon him the insu-

-rance of their lives for an ordinary premium: and

that at a rate grounded on an average of the numb-

-er of deaths, not among imprisoned felons, but a-

-mong persons of the same ages in a state of liber-

-ty within the Bills of Mortality

12.th To lay for them the foundation stone of a

provision

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wanting , And Whereas on the other hand the fee simple of

the said piece of Ground will when purchased be according to

the provision of the said Statute vested in some Feoffee appoint

-ed for that purpose by the King's Majesty his Heirs or

Successors, which Feoffee after the decease of the Survivor of the

said Jeremy and Samuel Bentham under the powers of the

said Act might if some provision were not herein & hereby

made to the contrary take possession of the whole Establishment

and so occupy or dispose of the same as to deprive the legal

representatives of the said Jeremy and the said Samuel Ben-

-tham of all benefits from the said Buildings Improvements

and Personal Estate_Now therefore it is hereby declared and

agreed that upon the decease of the Survivor of the said Je-

-remy and the said Samuel Bentham if there shall be any

person duly appointed by his Majesty as Feoffee to stand seized

of the premisses at and from the term of such decease then

such Feoffee shall stand seized of the said real Estate and pos-

-sessed of the said Stock and other personal Estate occupied with

the same in trust to permit the same to be occupied and

enjoyed by the Devisee or Devisees of such Survivor as

aforesaid and in default of such Devisee or Devisees then

by the Executor or Executors Administrator or Administrators

of, or person or persons intitled to take out Administration to,

the personal Estate of such Survivor as aforesaid, untill due

satisfaction shall have been made to the Estate of such Survi-

-vor as well for the value of the said Buildings and other

irremoveable improvements of every kind made in or upon

the said Land or any part thereof as for the moveable

stock remaining thereon and occupied therewith : And in

default of such Feoffee so appointed, such seizin and possession

as
founder's Law. 8. The Chymists Law &c. &c.

6. From Storms. See the Seafaring-man's Law Sect. Con-

:cerning Storms.

7. From the Plague and other infectious diseases. See Laws

concerning the Plague &c.

8. From Persons insane: See Laws concerning persons

Maniac's Law

insane or 1. The Madman's Law: 2. The Ideot's Law. 2. The

Instructions to the Legislator.

It is not clear that in every one of the several titles of

Law above mentioned there will need a provision or set of

provisions, authorising one person to trespass upon the per-

:son of another. To determine that question with respect to

any of them would be to enter upon a branch of Law fo:

:reign to that in hand. Nor with respect to every one of

these titles could such provisions be exhibited in terminis,

in any book of universal Law: since they will need to be

different according to the various local circumstances of dif:

:ferent states and provinces. The above references are exhi:

:bited only in the way of example, to give a general idea)

of the mode of reference to be adopted on an occa:

:sion, like the present.

of

In like manner, neither is it clear that the names

Of Justifications.

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7.
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Offences against Justice.

Justiciabilis venias , mutatis mutandis , as before.

If the Jurisdiction by the authority of which a man

is summoned be the same, by the authority of which

the something in question is to be done to him, a sum:

mons or order to go &c. A Justiciabilis eas, may be the

name of the summons or order.

Next as to what may be done with a man in

execution of a judgment. This may either be something in

which his volition is not necessarily concerned, or something

in which it is. In the first case if it be done in the way

of punishment, it may be called passive punishment.

As to the cases where it is necessary that his

will should be concerned, it may be concerned in either

of two ways, a positive way and a negative: a posi:

:tive by doing something which he is enjoined to do:

a negative, by forbearing to do something which he is

enjoined not to do. When for the purpose of his being

punished he is enjoined to do something, as to keep

doing such or such a kind of work for such or such

a time , it is called active or compulsive punishment:

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to

when not do, restrictive.

Next

[not]
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without further discussion, sensible to the obliging

attention he has shewn not to insist on conditions

injurious to the principle.

In this view he proposes the article to stand

thus-

Article.7. Each Prisoner shall be supplied every

day with wholesome food: viz: bread, interchangeable

with rice, pease, potatoes, or other roots commonly

used for human food, or with messes made of oat-

-meal or other meal, or grain commonly used for

human food, as much as he shall choose to eat;

together with a competent allowance of meat, or

fish, or soups, or other messes made of any such

animals and parts of animals as are usually em-

-ployed for human food: which said allowance of

meat or the equivalent thereof as aforesaid shall

also be made in like manner without stint to every

man who shall be employed in work, and who

shall exert himself with ordinary diligence in the

execution of the same: but in case of idleness or

misbehaviour the quantity of such meat or succe-

-daneum to meat is expressly reserved as well as

the quality to the choice of the said Jeremy Ben-

-tham and his Successors as a means of engaging

the said Prisoners without the spur of corporal

severities to set their hands to labour. N.B. There is

no specification at all with regard to food in any of the Hulk Contracts.

Article p.

(the same being wholesome)
Ch. III. Grounds of Expectation with regard to the circulation etc of the

proposed paper.

To enable this Paper to answer the expectations that have been

1. It must meet with purchasers to take it out in the way of issue. _

2. And that at the price proposed to be put upon it.

3. It must be received in circulation _

4._ And at that price _

5._ And with an addition proportioned each day to the amount of Interest

due upon it.

6. It must be depretiation proof: _ being current on the above footing

and without discount not only at its birth but through every stage

of its existence.

7. Its currency must be universal: _ not confined to this or that

description of persons but extending to all descriptions. _

Of its pretensions to the above attributes some judgment may

already have been formed from the preceding they will now

be subjected to a closer scrutiny. _

been formed of it six distinguishable results must take place: _

seven

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Of Theft or Stealing.

10.

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thus to suffer amounts to more than [a year] the Judge may convert

as much as he thinks proper of the confinement exceeding that term

into whipping at the rate of not fewer than one stripe nor more

than five for every day's confinement. The stripes to be inflicted

at such times and such a number at a time as he shall appoint.

5. As to so much of the Confinement to hard labour as exceeds the

fixed term of a quarter of a year the Judge may also convert as much

as he thinks proper into fine at the rate of not less than once, nor

more than twenty times as much as the amount of the damage

done by the Offence.

6. If along with any thing which he knows to have a Value worth

regarding a man takes any thing else which possesses such a Value

though he be not conscious of it, he shall be punished as if he knew

of the value of the whole. If a man must needs profit himself

by dishonest practices, [let him take heed at his peril and] at least

let him do no more mischief than is necessary to answer his own

ends.

Aggravations are

Exposition

(A)

1. When the thing taken is irreplaceable in its own nature.
THEFT.

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which is not Larceny, but Larceny and something

more. Robbers and Burglarers may be, and often

are, indicted only of the latter Crime.

It had been well if instead of losing his

Labour in these unnecessary Distinctions, he had

bestowed it on the discriminating of the Offence from

the six Species of Acts with which by the Epithet

fraudulent it is expressly confounded _

1 Embezzlement; 2 Personation; (at that Time

Offences only in a few Cases;) 3 False Pretences;

a very questionable Crime at that Time, if any,

except in the Instance of False Tokens; 4 False

Circulation; 5 False Weights and Measures; 6

Forgery.

The Author of the Commentaries has

in his Definition

therefore very properly cut off these redundant

Clauses. of the other.

The Definition of the Civil Law, from

which this Epithet was taken is, "Fraudulenta

Contrectatio Lucri faciendi Gratia, vel ipsius

Rei, vel etiam usus ejus Possessionisve. #

# Instit. Tit. De Obl. quae delicto.

Sir
the purpose of dispersing nocturnal Plunderers, &c,

and, under the authority of a Magistrate, to levy the

fine &c, according to the foregoing Rule.

8. _ The number of improper public-houses should be

gradually reduced; and no Constable, or Police Runner,

should be permitted to keep one.

9. _ Every Brewer, Distiller, Wine-Mercht or wholesale Dealer

in Liquors &c, who owns and lets out a public-house,

tavern, retail Liquor-shop, &c, shall give security, for

10. _ All Mechanicks, Handicraftsn. or others, who work by

the day or piece, must be paid, by their Employers, on

Fridays, instead of Saturdays; and no pay-tables to

be allowed in public-houses, on any account.

11. _ No Shops to be opened on Sundays, under a severe penalty.

12. _ Tea-Gardens, which are open in the Summer only,

13. _ Skittles, Pins, Shuffle-boards, Cards, Dice, Draft-tables,

&c, not to be played at, in public-houses, after day-light.

14. _ There should be a day-Watch, as well as a night-

Watch. One set to go on duty, before the other goes

off. They should be relieved every two hours in

Winter, and three, or four, in Summer. They should

stand as seldom as possible on the same district,

or walk, thereby to prevent the chance of their league:

ing in villainy, with neighbour.] Servants, or Apprentices.

the good conduct of his Tenant, to the neighbouring

Magistrates.

should dismiss their customers at 9 o'clock, under penalty.
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 superin-

-rities against abuse.

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 in-

-ventor: and a situation, thus clipped of emoluments

while it was loaded with obligations, 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.

-tendence, universal, unchargeable, and uninterrupt-

-ed, the most effectual and indestructible of all secu-

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1.

C

Of Personal Insults.

A personal insult is where a man is concerned in doing

or attempting to do any thing to the person of another in the in=

:tention of expressing contempt from him or exposing him to

the contempt of others.

Exposition.

[(A) Concerned] See Tit. Of Co-offenders.

[(B) Expressing Contempt.]1. By spitting in his face, kicking

him, rolling him in the kennel. There are an infinity of ways of

expressing Contempt for a man: and they are liable to be ex=

:pressive of a greater or less degree of contempt according to the

different manners and customs of the people.

2. Every personal Insult is a personal Injury or an attempt

to offer a personal Injury: and in general the less atrocious an

offence is in the character of a simple personal injury, the more atro=

:cious it is in that of a personal insult: since the slighter the bo=

:dily pain in which you put a man to, the plainer it is that the

end you had in mind was the exposing him to contempt. If for

instance it was by striking him a heavy blow with a Club or an

Iron bar, or by wounding him with a sword or knife, that You

(A)

(B) towards

As by

sought
5. P.202 March 1799. "The settlement was at this time much

"in want of many necessary articles of life; and when there were

"brought by speculators and traders who occasionally touched there,

"they demanded more than five hundred per cent above what the

"same articles could have been sent out for from England, with

"every addition of freight, insurance, &c. They saw the wants of

"the colony and availed themselves of its necessities." _

6. P.275 December 1799. "At length the commissary was enabled

"to issue some slop cloathing to the convicts, a quantity having

"been received by the Walker; but, unfortunately, much of what had

"been put on board arrived in a very damaged state, as appear'd

"by a survey which was immediately taken."

7. P.285. February 1800_ "Some clothing had been received by these

"ships and the Walker, but, unfortunately, not any bedding. The

"governor therefore purchased a thousand bad rugs, which had

"been manufactured in some of the Spanish settlements on

"the west ocean coast of America, and where in the prize

"which last arrived. These, with a compleat suit of the clothing

"to each, were now issued to the convicts."_

8 P.305. September 1800. "Many of the inferior farmers were

"nearly ruined by the high price they were obliged to give for such

"necessaries as they required from those who had been long in the

"habit of monopolising every article brought to the settlement for

"sale; a habit of which it was found impossible to get the better,

"without the positive and immediate interference of the government

"at home."_

"Many representations had been made on this distressing

"subject; and they seemed in some degree to have been attended to,

"as in several of the last arrivals from England, certain articles,

"consisting of implements of husbandry, cloathing, and stores, had

"been consigned to the governor, to be retailed for the use of the

"colonists; and it was understood that this system, so beneficial

"to the settlement, was to be pursued in all the ships which

"were in future to carry out convicts or stores to that country."

4
he could imagine, that he was paving the

way to a clear knowledge of Jurisprudence

by such unintelligible Jargon as this. Our

Ancestors had been accustomed to hear _

these absurdities from the pulpits, while it

was possesst by Monkish ignorance: As the

progress of reformation is slow, we are not

always shocked at ithem, when we som by

chance we hear something like them from

the same Place. But, surely, in these en-

lightened Days every man must feel in-

dignation when he hears sees an eminent

Writer on jurisprudence paint the Creator,

in the odious colors of an Egyptian task Master.

For

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To be copied
to a state of society, that is, to a State, where

positive law must be superadded, not to re-

-strain, but to direct, the original impulses of

nature, he would have furnished us with the

only Criterion, according to which any law

by which alone, laws may be determined to

be good, or bad: right, or wrong: he would have

given the only clue, which can explain to

us the various, and seemingly irreconcile-

-able differences in the various laws, and

manners, and Customs, of different ages,

and nations: and he would have afforded

the noblest incitement to the Study of the law

of which the human mind is capable.

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2.

Of Matrimonial Desertion.

It will be necessary to define what shall be deemed

Desertion, distinguishing it from the case of lawful Absence;

and what steps shall be taken for giving notice.

Let certain methods be established whereby the Husband

and the Wife may be enabled and obliged to correspond with

one another at stated intervals: and let a failure on either part

for a certain time be deemed presumptive evidence of death or

desertion. Within the dominions of the state they might be manag=

=ed in the manner mentioned in the Book of Procedure. Tit.

As to foreigners, upon their coming into the country

let them be obliged to declare upon oath whether they are married

or single; and if single whether Bachelors or Spinsters, Widowers

or Widows. Of these declarations let Registers be kept, of which,

previous to their being married, copies should be required to be

produced. If married, certificates of the death of the Wife or

Husband. At present these important enquiries are left to the

uncertain prudence of individuals. The declarations above men=

:tioned should be accompanied with some details respecting their

in

birth, parentage and last abode; such as may lead to detection

this

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