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

Of Family Imposture.

pretended mother was or was not privy to the Imposture.

4. But if any one bring up a child begotten of a married Woman

during the continuance of the marriage by and Adulterer, as if it

were the child of the Husband, this is not Family Imposture.

Punishment.

For Family Imposture the Punishment of an Impostor

himself shall be as follows.

1. He shall be punished ignominiously and afflictively with the

Impostor's Mask. See [Punishments]

2. He shall be imprisoned or confined to hard Labour for Life.

The Punishment of a Suborner shall be as follows:

1. He shall be ignominiously connected with an Impostor or the Effig-

-y of an Impostor.

2. He shall be imprisoned or confined to hard Labour for Life.

Exposition

[(A) Suborner] There may be a suborner of imposture, where there is no

impostor: the party falsely pretended to possess the character in question

not knowing but he is intitled to it; for instance in the case of a suppo=

:ssitious Child. Excuses

(A)

C
1.

C

Offences against the National Interest in general.

The title of Offences against the National Interest in

general may serve to include all such acts of which it is supposed that

they may prove prejudicial in one or more of the several ways in which

an act can be prejudicial to the community, but without its appear:

against individuals to which we have given the name of Offences a:

It may serve as a miscellaneous title under which may

be ranked any offences which cannot properly be ranked under any

single one of any of the preceding classes.

From what has been seen already of the nature of this

Class it is plain that the contents of it cannot be arranged in any

exhaustive method like those of the other classes. The offences that ap:

pear to belong to it must be picked up here and there as they occur.

This however will not form any exception to the precision and com:

:prehensiveness of the arrangement: The limits of this division are

by no means out of sight: they are determined by the limits of div-

-isions which precede it. It is neither more nor less than one great

area in which all those others are inscribed.

A

In this respect it bears some analogy to those offences

:ing which.

:gainst condition.
6 18

Of Simple Mercantile Defraudment

generally attended to: the multitude will be always govern:

:ed by appearances. The case is therefore that in some in:

:stances the rich must be punished more than otherwise

they need, lest the poor should think themselves entitled

to complain.

were better should be shewn in an oblique and inexpli:

:cit manner. This is done by annexing the favour rather

to the offence than to the offender. Where the Offence is such

any degree responsible, punish it severely at all events:

where it is such as persons in responsible circumstances

are apt to be concerned in, give the Judge a latitude

to enable him to adapt the punishment to the circum:

:stances of the Offender.

In the view of correcting this real inequality, what:

as is seldom committed but by persons too poor to be in

: ever favour it is thought proper to shew to the rich, it

C
2

C

Of Theft or Stealing

immoveable. Accordingly to dig Stone out of a quarry and carry it

away, to cause his cattle to feed off the grass from a certain spot, or

to possess a House for a certain time, may any of them (if the other

criminating circumstances concur) be acts of Theft.

[(D) Value] 1. It matters not whether the Value be marketable,

that is whether it be valuable to any person in general; as a piece

of current money or an ordinary Article of food : or confined only:

that is whether it be valuable to any particular person or per=

=sons only ; as a Paper containing nothing but memorandums

for such person's private use.

2. It mattes not whether the Value of it be constant as an

Article of Food or Cloathing , or occasional only: provided the time

when it is taken be a time at which it possesses or appears about

to possess a Value; as a common Pebble or piece of Stick at the time

when it may be of Use to beat down a Fruit or guard against the

attack of a beast, and there is nothing else at hand that will

answer the purpose.

3. It matters not whether the Value of it be natural, that is

whether the thing would have a Value although there were no agree=

ment
1. The mischievousness of the office.

2. The unavoidable severity of the punishment, al-

tho' no ultimately irriparable evil should be involved

in it.

3. The comparative multitude of affenders, relation

had to affenders by other crimes.

4. The comparative improbability, even of prosecu-

-tion to the prejudice of the relatively innocent.

5. The otherwise certain multiplicity of groundless

Appeals, on the part of those who are guilty: name

ly for the chance of ultimate impunity coupled with

the certainty of intermedial respite.

Art. 13. In these cases in the exercise of its

Appeal - licensing function, the Quasi Jury in any

instance in which it appears to them, that the de-

-cision of the Immediate ought to be subject to

the revision of the Appellate Judicatory, make de-

-claration to this effect in and by an appropriate

apinative decree: which done the record goes up to

the Appellate Judicatory, as in other cases. As to

the particular effect given to the Appeal thus

see Procedure Code. Tit. Quasi Trial.

So as to the form of registration in relation to it.

Art. 14.

(5

10
were kept in bondage. The papers (it is said) had been delivered

to "the Masters of the Transports": and these men, instead of

bringing them to New South Wales, left them, or pretended to

have left them, with their owners in England. ( ) The story is as

curious as it is obscure: _ Papers sent from the Secretary of State's

Office, and directed either to the Governor, or to the Judge Advocate_

(for to whom else could they have been directed?) Papers thus

directed, delivered _ not to the person in New South Wales to

whom they were directed _ but to a person in England who, had

no

( ) Collins p. 74 July 1789. Notwithstanding that little more than

"two years had elapsed since our departure from England, several convicts

"about this time signified about this time that the respective terms for

which they had been transported had expired, and claimed to be restored

"to the privileges of free men. Unfortunately, by some unaccountable

"oversight, the papers necessary to ascertain these particulars had been

"left by the Masters of the transports with their owners in England, instead

"of being brought out and deposited in the colony; and as, thus situated,

"it was equally impossible to admit or to deny the truth of their assertions,

"they were told to wait until account could be received from England; &

"in the mean time, by continuing to labour for the public, they would

"be entitled to share the public provisions in the store. This was by no means

"satisfactory, as it appeared that they expected an assurance from the governor

of receiving some gratuity for employing their future time and labour for the

"benefit of the settlement.] One of these people having, in the presence of his

"excellency, expressed himself disrespectfully of the lieutenant-governor, he was

"brought before a criminal court and tried for the same, of which offence being

"found guilty, he was sentenced to receive six hundred lashes, and to wear

"Irons for the space of six months. _

A "criminal court"? What criminal court? the court legalized by

the Act? the cognizance of that Court is limited by the Act itself, to

such "outrages" and "misbehaviours" as would be "misdemeanors, felonies,

"treasons or misprision thereof if committed within this realm" [27.G.3.c.2]

which of all these crimes then would a man committ in this realm

Note.

by speaking disrespectfully of a Lieutenant-Governor of New South Wales? _

it must

9

N. S. Wales
being, according to such conceit and conspiracy, falsely and

basely imputed to the contracting party _ as a ground for im-

-puting to him an "increase of terms"; and this in a paper

addressed to Parliament, and precluding on his part the

possibility of a reply: _ that this proceeding being an act of

systematical fraud and treachery and oppression _ altogether

repugnant to the principles of natural justice and good faith _

is _ of itself (and independently of other similar acts committed

in the prosecution of the same scheme) _ such a violation

of the laws of morality, as is sufficient to render the parties

concerned in it, for ever unfit for the exercise of any public

trust. _

3

Dispensing Power
2

to settle what deduction ought to be made on

behalf of Government out of the value of

the Premises &c in consideration of the said

sum of £15,000 , and the amount of the

agregate sum the said payments of £18 may

be estimated at.

Article 22. Had Mr Ford had any sufficient

opportunity of being acquainted with the history of

the treaty, Mr Bentham cannot but flatter himself

that what appears now to him as a hardship

upon Government would have appeared to him in a

different light. A proposition that seems to be

tacitly assumed is, that the money in question

is so much clear money out of the pocket of

Government on account of Mr Bentham's plan,

over and above what it would have paid otherwise:

Whereas ( except as to an article of £6000 of which

presently) Government is at no expence at all

upon

Panopt
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 re-

-ceived by him. Provided that if any reduction of price shall within

the same period have taken place in respect of any orther article or

articles so employed or consumed as aforesaid the said Jeremy

Bentham and his Representatives shall in like manner be

bound to render a like amount of every such reduction at the

same periods respectively with every such account of alledged

enhancement the amount of which reduction shall be deducted

from the amount of such enhancement as aforesaid or if no

such diminution shall have taken place then to make declaration

to such effect : and the ballance of such account of enhancement and

reduction shall constitute the supplemental allowance to which

the said Jeremy Bentham or his Representatives shall be

intitled as aforesaid. Provided also that if in respect thereof any

dispute should arise , the same shall be settled by two Referees, one

to be appointed by each of the parties to these presents, with pow-

-er to choose an umpire.

Art.4. And Whereas it may chance that at or after the time when the

said Jeremy Bentham shall be in readiness to receive the said number of

1000 Convicts as aforesaid, there may be more than one thousand such Con-

-victs which under the powers of the said Act might be committed to his

receive every such supernumerary Convict on the same terms per head

as the herein abovementioned original number of 1000 with the addition

of only £18 per head payable the half thereof on the reception of each

supernumerary and the other half on that day twelvemonth clear of

all deductions with interest in case of arrear as herein abovementioned.

which said addition of £18 shall be in lieu of all expenses touching

the providing buildings and other accommodations for the reception of

every such supernumerary. Provided that such addition after having

been once paid for any such supernumerary , shall not be paid for

any other such supernumerary, except in as far as the total number of

such supernumeraries reckoning from the first shall be encreased by y reception of

such

that

of £12 a year

charge, it is moreover agreed that he the said Jeremy Bentham shall

e

6
11.

C.

Of Excuses Extenuations

circumstances relied on as grounds of justification, if looked

upon as being past or present; or the probability of their

in order to save the life of a person bitten in the finger

might for a certainty be effected at a cheaper rate, either

of these are mistakes concerning the probable matter of

fact. 3. If notwithstanding that the dog was mad at

the time and that the amputation cured, and that a cure

justification for the cutting off a man's finger, this would

Main - Text

existence if looked upon as future.

which you suppose is mad,

(as you suppose) by a mad dog, you cut off the finger

against his will. here 1. If the dog was not mad at

the time he bit the person's finger, this was a mistake re=

:specting the actual past and present matter of fact. 2. If

immediate amputation does not surely cure, or if a cure

could not be effected at a cheaper rate, the law admitt=

be a mistake with regard to the matter of right, or in

other words of the matter of Law

Extenuation

[(C) Unwritten Law] See Excuse II

Extenuation

[(B) Law] See Excuse II

Suppose for instance that, with a good intention,

:ed not the concurrence of these circumstaces as a

it
much inferior will be produced hereafter to this sup-

-posed one, will be produced hereafter.

If from one third the Fine were to be in-

-creased to two thirds, the Law instead of being better

would now be just as bad again as it was before_

it is still as true as ever, that after the punishment

suffer'dand over, it is always worth a Man's while

to commit the Crime whenever he has the Opportunity:

and the Misery of the Criminal is doubled.

Universally therefore the Inexpediency of the

Law is inversely as the Magnitude of the Punish-

-ment, up to the very Point at which that punish-

-ment has risen to an Equality with the Profit of

the Crime."

7. Where the Act prohibited is such as would pro-

-duce Unhappiness in the Community, and less

than the Penalty actually annexed to it_; but not

less than one might be substituted in it's

Room.

Such I conceive to be the Laws inflicting capi-

-tal Punishments on Thefts.

Here the Law simply & absolutely

considered
No 1 P. 136. Decr 1790. The harvest which was begun in the last,

was completed in this month. In the abundance that was expected,

every one was disappointed; for, owing to a most tedious and un-

-fortunate drought during ten months, the wheat did not turn

out more than one third of what, from the quantity of ground

sown with that grain, there was a reasonable expectation of its

producing, had the season been moderately favourable. This was the

more seriously felt, as at one time a hope was entertained of

reaping grain sufficient to supply the colony with bread for two

No 2. P. 202. March 1799. The settlement was at this time much

in want of many necessary articles of life; and when these were

brought by speculators and traders who occasionally touched there,

they demanded more than 500 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._

No 3 P. 210. May 1799. A quantity of fresh pork having been for

some time secured into the store, there were found at this period six

months salt provisions remaining; which, without this supply would

have been all consumed, and the colony left without animal food,

save in the article of live stock, a resource on which it could not

have been prudent to have touched as a supply, except in a case

of the last necessity._

Every encouragement was given to the curing of pork upon Norfolk Island;

but the casks in which the salt meat was sent from England were in

general so extremely feeble by the time they arrived, that scarcely one in a

hundred was fit for that purpose a second time. Could any timber, fit

for this use, have been found in the country, yet a supply of hoops and

salt pans would have been necessary; and unless it was cured in the winter

season, and the method observed by Captain Cook was practised at Norfolk Island,

it remained a doubt whether it could be accomplished to any considerable extent.

The price of fresh pork having been raised in consequence of the failure

of the late harvest, as a temporary relief to those who had suffered by that

misfortune, the commissary was, at the close of this month, directed to re-

-turn to the price formerly established, viz. nine-pence per pound.

The state of the public stores with respect to salt provisions

having been carefully examined, it became necessary to make a small

reduction of the ration in time, in order to prevent a greater.

years.

1
50

to bring Convicts to this Hulk. In the first instance

with this unpaid Jailer: in the next place, with

an unpaid gentleman _ with a gentleman to whom

because there were unpaid gentlemen to whom such

intelligence would (it was known) be as interesting,

as to the so well paid gentlemen it would have been

indifferent, if not worse than indifferent, the inform-

-ation was addressed. I speak of Mr Neild, a second

Howard, who with all the zeal, with all the munifi-

-cence, and more than all the gentleness of his il-

-lustrious predecessor, has spoken the word _ has started

noble game, and caused the mask of humanity to

fall off from faces of higher rank, than those of

the subordinate tyrants, whom it fell to the lot of

his predecessor to hunt out of their holes. _

A private gentleman could point to Lord Pel-

-ham's office: it required a Member of Parliament,

if not two, to force the intrenchments of it. Mortality

(says one of those to whom this humane Jailor's Letter

had been shewn) mortality is raging the Hulks: Sir

Henry Mildmay _ Mr Neild _ were it but possible _ would

look at it. The visit not being to be prevented, nothing

was left to persons in office (Gentlemen or Noble Lords

occasion that, in regard to the whole number confined in that same

Hulk, he learnt what is mentioned by Sir Henry Mildmay & Mr Neild: (a)

out of 500, living at the commencement of the year 1801, deaths 120,

at the end of it.

"starved": _ appearances speak the same thing: _ officers plump & rosy.

Would this be the case, if mere pestilence without famine were the

cause? _ The question is not mine: to the humane and intelligent

informer belongs the credit of it. _

(a) Neild p. 315

I know not exactly which) but to be delighted with

it.

The survivors, upon his enquiry, say they are "half

in

it
30

his Majesty's Ministers in the Police department in

respect not of Gaols only but of instruments of all

kinds in the apparatus for the prevention of

crimes - such is the energy with which the Duke

of Portland determined to "crowd the County Gaols"

for fear of "their being neglected." - Such is the energy

with which Lord Pelham has forced a fifth hundred

a year into the hands of the Police Magistrates -

Such is the energy with which at the price of

£87. 10 <gap/> a peep, he has determined that four peeps

in a year shall be taken at the Hulks- such is

the "spirit of improvement" manifested by there

congenial and combined exertions that unless a few

patriots like ourselves were to help "crowd" the streets

with robbers and the houses with burglarers this

"spirit of improvement" among there hitherto zealous

and spirited improvers might be "checked" and all

these their implements of improvement - super-pensioned

Magistrates - Quarterly peepers at Hulks - and even "crowded"

"Gaols themselves" might come to be "neglected": To a plain

understanding, could these ideal plans of these ideal Ma-

-chiavels have been more directly repugnant to the

dicr decrease of crimes than the real plan of the

real Machiavels to the diminution of the mischief

of of pensions? - Are not support and opposition -

plain dealing & deceit - truth & falsehood - right & wrong -

merit and guilt confounded and if possible rendered

indistinguishable by such plans?-

Had any of the professional men just spoken

of professed this to be their object would they have

been
The Reader will remember, we are considering here,

the mere influence of the Law, abstracted from

that of other considerations.

For it may be said , that the greater the defalca-

-tion from the profit of the crime the less worth his

while does it become to a person under temptation

to expose him to the present trend of the resistance

of the person robbed, together with the more distant

trends of the Religious & Moral Sanctions

But our business at present is only with the politi-

-cal one [consider'd apart from the rest] tho effica-

-cy [effects] of which we are endeavouring to continual

[<gap/>] in the several verdicts of it's application,

without humbling ourselves for the present with any

other.

observed
C

10.

Of Excuses Extenuations

heedlessness is to a want of consciousness. See Excuses 1.

Heedlessness consists in the not being conscious of a ma=

good or probable grounds for suspecting it to exist.

Rashness consists in the supposing a circumstance

which, had it existed, would have been material to

exist where there were no good or probable grounds

for supposing it to exist entertaining such a supposition.

In either case, the Mis-sup osal may have respect

the existence of a fact or circumstance on which

you rely for your Justifiation. It respects the matter

in question as a ground of Justification.

Exposition

[(A) Fact] It matters not whether the mis-supposal re=

:spect actual past or present existence of the facts or circum=

:terial circumstance which really exists, where there are

either to the matter of fact or the matter of Law. It res=

(A)

:pects the matter of fact when the mistake is concerning

you suppose to have established the fact or circumstance

or import of a Law , or rule of unwritten Law, which

of Law, when the mistake is concerning the existence

(B) (C)

:stances

Main-Text

p
7

upon it. In the mean time having been repeatedly

called upon to "make his arrangements" he had accord-

-ingly laid out thousands, upon the faith of the

original agreement as above stated.

It is now two years since every thing was agreed

upon, every thing in black and white, ready for signa-

-ture, had the consent of the Land-owners been forth-

-coming. During all this time the benefit of General

Bentham's mechanical inventions, diverted at Mr Ben-

-tham's instance from what would otherwise have been

their application to this (of doing the work by the

labour of Convicts instead of the more advantageous

mode by steam) has been lost: one seventh of the

term of his patent has been consumed: workmen,

collected with great difficulty, have been kept in waiting

(without a possibility of making any thing saleable

of their work) at a great expence. No idea has

been ever entertained of making Mr Bentham

any sort of satisfaction for these losses. Such are

the circumstances under which Mr Ford (surely for

want of being sufficiently apprised of these) proposes

that Mr Bentham's Representatives should be

loaded with a new charge to the amount of £15,000.

As to arbitration, it is what Mr Bentham pro-

-posed in regard to other points, and could have very

little apprehension from in regard to this, supposing

the
xx As Robbery & Burglary ⊥ False Pretences & Tokens

# As false Weights & Measures false Circulation

# Piracy i:e: the Principals int it. False Weights

& Measures

As