SSamDav/icdar-htr-competition-2015 huggingface dataset:
34

C

Theft Embezzlement and Fraudulent obtainment

much less than the punishment appointed for the same

offences in any body of Laws in force is made as light as

possible consistent with it, being in ordinary cases more

than equivilent after the allowance to be made on the

score of remitness and uncertainty to the profit of the offence

In many cases it appears smaller in that case the offence

will most assuredly be committed. Where gain is the subject

every part of the gain how indirect soever it arise, so as it

be but foreseen to be likely to arise will operate as a

motive to the commissions of the offence as much any other

equal part. If the object be mischief so will every part

of the loss

If the object be gain and not mischief, yet mischief be

liable to be committed in prosecution of the gain, even here

if there be any part of the mischief without its punish=

=ment from so much of it the offender will have no motive

to _

object
Panopticon Convict Proposal 1793

10th. To provide them with spiritual and

medical assistants constantly living in

the midst of them, and incessantly keep-

-ing them in view.

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

dies under his care, taking thereby upon him

the insurance of their lives, for an ordinary

average of the number of deaths, not among

imprisoned felons, but among persons of the

same ages in a state of liberty, within the

Bills of Mortablity.

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

provision for old age, upon the plan of the

Annuity-Societies.

13th. To insure to them a livelihood at the expi-

-ration of their terms : by setting up a subsidiary

establishment into which all such as thought

proper should be admitted, and in which

they would be continued in the exercise of

the trades in which they were employed du-

-ring their confinement, without any farther

expence to Government.

14th To make himself personally responsible

for the reformatory efficacy of him management,

and even make amends in most instances for

any accident of its failure, by paying a sum

of money for every prisoner convicted of a

felony after his discharge, at a rate increasing

according to the number of years he had been

under the proposer's care : viz : a sum not ex-

-ceeding £10. if the prisoner had been in the

Penitentiary Panopticon one year : not ex-

-ceeding £15. if 2 years: not exceeding £20 if 3

years: not exceeding 25 if 4 years : not exceed-

-ing £30 if 5 years or upwards: such sums

that

premium : and at a rate grounded on an

£
to which intent the said ffeoffee or ffeoffees for the

time being is and are thereby made & declared

to be a Corporation Sole or a Corporation aggregate

as the case shall happen to be for the special pur-

-pose of being capable to take and hold in perpe-

-tual succession such piece or pieces of ground with

all buildings and erections thereon and other the

appurtenances thereto belonging or to belong, for

the use and purposes of the said Act Now

know ye that for the accomplishment of the

good purposes and by the said Act declared and

in pursuance of the powers therein and thereby

to us committed it hath seemed good to us the Com-

-missioners of his Majesty's Treasury to fix and we

do accordingly by these presents fix upon the spot

of ground at Battersea Rise in the County of Surry

in the said Act and herein after particularly

described as the spot upon which shall be erected

the said Penitentiary House or Houses namely up-

-on the spot the value whereof is in and by the

said Act mentioned as having upon the tenth day

of September one thousand seven hundred and

eighty two by a Special Jury of the County of Surry

duly summoned and impanelled as therein men-

-tioned been by the verdict of the said Jury as-

-sessed at the sum of six thousand six hundred

pounds, and which in the verdict of the said jury,

as

and

in
4

"Hulk Plan, and for every other year and for little more

"than half that expence." This was the proposition

acceded to: not a syllable, so much as hinted, about

refunding any part of the money: Mr Bentham's

having the Land in Fee Simple was incompatible

with it. Afterwards it appeared that before the

Proposal had been given in, the expence of the

Hulk Plan had been reduced to £21,000: but the

demand of the £ 27,000 having been made and acceded

to, the reduction made no difference with regard

to Mr Bentham's treaty, nor was any notice

ever taken of it. Had the Hulk price been

what the only documents then public shewed it

to be, Government would have got an annuity of

£9000 a year for nothing: to say nothing of the

many other advantages to the public, most of them

attended with correspondent burthens to Mr Ben-

-tham. As it was, they had £6000 to pay for this

annuity of £9000. (£6000 being the difference

betwixt the £27,000 and the £>21,000.) Such is

the hardship to Government. Suppose the Annuity

to be postponed for two years instead of one, then

the bargain is still more advantageous to Government,

than if it had obtained gratis an annuity to the

same amount, but of that retarded commencement.

It was on this latter basis that Mr Bentham

grounded
as in and by the said Act recited, is described as con-

- taining and consisting of the several pieces of ground

or parcels following that is to say All that piece or

parcel of Garden Ground in the occupation of Henry

Brown, containing by admeasurement, seven acres

three roads and six perches, be the same more or less,

and bounded on the North by lands in the occupa-

-tion of Robert Moseley and other lands in the occupa-

-tion of Thomas Rhodes, and on the East, on part by a

road leading out of the road from London to Wands-

-worth, to and from Battersea, and in other part on

lands and buildings in the occupation of Robert

Death, and on the South, by the turnpike road lead-

-ing from London to Wandsworth , and on the West, by

lands in the occupation of the said Robert Mose-

-ley; and also of all that piece or parcel of Garden

Ground in the occupation of the said Robert Mose-

-ley, containing by admeasurement, nineteen acres

and eighteen perches, be the same more or less, and

bounded on the North by lands in the occupation of

the said Thomas Rhodes, and on other part, by lands

in the occupation of the said Henry Brown, on the

South, on part by lands in the occupation of the

said Henry Brown, and by the turnpike road lead-

-ing from London to Wandsworth, and on the West,

on part by the said road leading out of the said

road form London to Wandsworth, to and from

Battersea, and on other parts thereof, by the several

gardens

aforesaid

2
5.

C

Of Family Imposture

Instances have sometimes happened where, from

=ed at Nurse. The Nurse has thought herself unable to provide

for her own child: or from motives of vanity has wished to see

it brought up in a condition superior to her own.

Quest. 1. Why Family Imposture is punished with

perpetual Punishment?

Reasons

1. Because as the profit as well as mischief of the Offence

may be indefinite, so ought the punishment in order to be

upon a par with it. See Tit. [Proportion] Rule 1. There is no

calculating the confusion and distress that may be brought

upon a family when an impostor has introduced himself in=

:to it, and afterwards comes to be discovered. The dissipation

of the whole fortune of the person whom he supplants or

counterfeits is one only amongst a multitude of evils. The

the influence of some caprice or other, children have been chang=

opposite

Tearing alliances asunder and foreign family affections into

France. The Story is in the Causes Celebres.

Note

that she liked the counterfeit husband better than the real. This happened in
5.

C

Of Adultery.

except actual eye-witnesses, should not be admitted to jus=

:tify if prosecuted for defamation. 3. Neither the supposed

Adulterer nor the supposed Adulteress should be compellable

to give testimony; nor any persons intimately connected with

them; such as Relations within a certain degree and Servants.

4. A previous information on oath of an actual eye-witness

should be made necessary in order to ground a prosecution.

Extenuation Excuse I.

or bodily infirmity unable, to receive his embraces.

Other Excuses are, 2. Want of Intention. 3. Ignorance

of the Law. 4. Innocence of Intention. 5. Intoxication.

6. Compulsion. 7. Deference to Authority (a). 8. Provocation, to

wit on the part of the Wife.

In any of the above cases of Excuse the Offender

shall only be privately admonished.

If an unmarried Woman commit adultery with

a married man her punishment may be as follows.

refuses

Where his Wife was unwilling, or by reason of absence

is

Extenuations

Extenuation

1.

Note.

(a) Most of the above excuses are in a high degree improbable: but all are possible. In a finish=

:ed body of Law some explanations would need to be given under each. But they do not appear of

sufficient importance to merit a place here.
between floor and floor consulting with one another by

what words they should make Parliament believe that

I had insisted on an increase of terms, spite of all I

could say to the contrary reiterating to one another the

reciprocal assurances of that persevering fondness for

"improved prisons" as well as "improved Colonies" the

expression of which was so unexpectedly brought to light

Your Lordship and his Grace knows how.-

In the Panopticon system Your Lordship has been

seeing a plan, which because sanctioned and again

by Parliament, prescribed by an Act, confirmed four years

after in another Act, confirmed by £36.000 granted towards

the execution of it, and by £24.000 public money actu-

-ally expended in it, and if his Grace's will be done

wasted upon it, was termed a "project", and under

that name of unfounded reprobation marked out for

"relinquishment". Would to God his Grace's more success-

-ful plan - for emaciating his Majesty's subjects in by

a "long confinement" in illegally and purposely crowded

Jails, for producing Jail-Fevers in them or whatever

other miseries might be the result of their being "crowded"

each of them in the degree necessary to prevent it from

being "neglected" - for exercising over his fellow subjects

by the secret will of this servant of the Crown out of

sight of his <gap/> royal master, that authority which, if

attempted to be exercised by the master, a Hampden

would have resisted <gap/> with his blood - would to God

a plan like this, my Lord had been but a project!

Would to God that any considerations whatever, divine

or human, religious or moral, of police or economy, of

justice

32

Letter 3rd
Circle to any Part of it are equal: if of a parabola,

the Rectangle formed of the Abseiss and the Para-

-miter is equal to the Square of the ordinate

The Decisions of Mathematics as applied to

Bodies actually existing are all hypothetical

depending for their Truth on the Decisions of exter-

The Decisions of Jurisprudence as applied to

any legislative Institutions are in like Manner

hypothetical, depending for their Truth on the

Decisions of internal Sense concerning Pain &

As the Impression of these made by in a

Man's self made by the infinite Variety of Objects

is fleeting and variable; as his Recollection of them

when passed is hasty and incomplete; his Inferences

from Analogy of the Similarity in Kind and Degree

of those made by the same Objects in other men,

incomplete

hazarded & of uncertain Verity; as the Causes assigned

to them from among those Objects are apt to be

erroneous; hence arises what will still be doubtful

or erroneous in Legislation, after these the only true

Standards shall be universally adopted, and universally

adhered

-nal Sense concerning Quantity & Figure.

Critical

pleasure.

that
35

C

Theft Embezzlement and Fraudulent obtainment

to restrain him. If then it would take him ever so little

trouble to abstain from it even the trouble of a thought

indolence is the saving that trouble may be a sufficient

motive to induce him to commit the offence and produce

=mit it if no preponderat motive be applied to determine

obtained a thing makes amends for the damage he has

occasioned he shall on the first offence be excused from

the whole of his confinement to hard labour or from

a part of it proportionable to the amount of what

he has given in amends

On a second offence it shall take double the sum

to excuse him from the same length of confinement

to hard labour On a third offence four times that sum

that

the mischief it may accordingly occasion him to com=

nt

him to abstain from doing so.

If an offender having stolen embezzled or fraudulently

and _
6

THEFT.

some are this very Offence with Addition, others can

not be compleatly characterised but by their

Distinctions from this Offence, it is this before all

such that calls for our Review.

In treating of this Title the following is the

Order which I shall pursue

1st. I shall establish a Definition of the Crime.

2nd I shall exhibit the several exemptive Distinctions,

that have been taken out of this Definition by

the positive Establishment of our Common Law, to

which I shall give the Title of Anomalities

restrictive.

3dly. The various correctives that have been

administer'd to them respectively by the Hand of

Legislature. These I shall call Corrections

to those Anomalities.

4thly. I shall give an Account of such legislative

as, having passed the limits of the Characteristic

Punishment, have established Distinctions

of Aggravation.

Fifthly
8

of any offender under the same such Overseer shall during the

term have the powers incident to the office of Sheriff or Goaler ,

and be answerable for any escape of such offender, and also during

such custody shall feed and cloth such offender and shall keep

him to labour at such places and under such directions as his

Majesty shall by order directed to such Overseer appoint Now

therefore it is further agreed that in pursuance of the said

Act of the 7th July 1794 the said Lords Commissioners

shall humbly recommend to his Majesty that he would be

graciously pleased to appoint the said Jeremy Bentham

to be Governor of the said hereby intended Penitentiary House

or Houses when erected, with their appurtenances during his

natural life with the same powers as those which his

Majesty is enabled to give to such Overseer as abovementioned

in manner abovementioned, Remainder to any Assignee

or Assignees jointly or successively of the said Jeremy Ben-

-tham for and during the natural life of the said Je-

-remy Bentham or for any term or terms determinable up-

-on his life, Remainder to the said Samuel Bentham, Re-

-mainder to any Assignee or Assignees of the said Samuel

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 aforesaid as also to appoint e-

-very such successive Governor as aforesaid Feoffee of the said

piece of ground to be purchased for the purposes of the said

Statute of the 7th of July 1794 as aforesaid : provided that

such allowance shall not begin to become due untill one year

after