On the Principles of Criminal Law |
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abridge allowed already amendment arrival attempt bad conduct boys calculated capital punishment cents character cloth or paper coercion colony committed comptroller of convicts condition confinement consequence considerable corruption criminal law deprived detected deter from crime Diemen's Land discipline effect emigrant employed employment endeavor England evil extra cloth feelings female convicts feme covert governor holders of probation hope husband imprisonment inflicted instruction ishment judge justice kind larceny legislation liable Lord Majesty's Government ment mind murder natural liberty natural right Norfolk Island object obtain Offences against property pardon Parkhurst Parkhurst prison pass-holder penal penal colonies penalties penitentiary Pentonville Pentonville prison period person plates present principles prison probation gangs probation pass propose reformation regulations removed robbery sent sentenced to transportation social law society South Wales stage of punishment statute suffering superintendence tickets of leave tion treason Van Diemen's Land vict violence wages wife workhouse
Popular passages
Page 43 - her legal existence and authority are in a manner lost;" when Petersdorff asserts that "the husband has the right of imposing such corporeal restraints as he may deem necessary," and Bacon that "the husband hath, by law, power and dominion over his wife, and may keep her by force within the bounds of duty, and may beat her, but not in a violent or cruel manner;
Page 9 - But every man, when he enters into society, gives up a part of his natural liberty, as the price of so valuable a purchase ; and in consideration of receiving the advantages of mutual commerce, obliges himself to conform to those laws, which the community has thought proper to establish.
Page 50 - WHEREAS it may be of great public Advantage that a Prison be provided in which young Offenders may be detained and corrected, and may receive such Instruction and be subject to such Discipline as shall appear most conducive to their Reformation and to the Repression of Crime...
Page 53 - ... shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years : and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment...
Page 79 - ... in the district within which such pass-holders may be employed. Every pass-holder is to be inspected by such magistrate once at least in each month, and the magistrate is to make monthly reports to the comptroller of convicts of the result of every such inspection. There is no absolute limit, saving only the continuance of the sentence, which must necessarily terminate the continuance of a convict in the class of holders of probation passes. The transition from that class into the class of holders...
Page 81 - But the delegation of the royal prerogative to the governor will be made in such terms as to deprive him of the power of granting pardons until the prescribed period of punishment in the three first stages shall have been undergone; nor will a pardon granted by the governor be of any avail beyond the limits of the Australian colonies. No convict will be capable of this indulgence until he shall have reached the stage of the holder of a ticket of leave. Reverting to the arrangement already mentioned,...
Page 72 - Secondly, such being the general principles by which her majesty's government propose to be guided, I will next consider in their order, each of the five stages through which a convict will have to pass. For the sake of distinctness, they may be described as follows : 1. Detention at Norfolk Island. 2. The Probationary Gang. 3. The Probation Passes. 4. Tickets of Leave ; and, 5. Pardons.
Page 75 - Some addition may be made by convicts sent to Norfolk Island from New South Wales or Van Diemen's Land. The number will not probably be large. But although any such Australian convicts may be detained at Norfolk Island until they shall have become entitled to the probation pass, hereafter described, they must, on becoming so entitled, be removed to undergo the subsequent stages of punishment, the Van Diemen's Land convicts in New South Wales, and the New South Wales convicts in Van Diemen's Land....
Page 42 - And If she commit a theft of her own voluntary act, or by the bare command of her husband, or be guilty of murder, treason, or robbery in company with or by coercion of her husband, she Is punishable as If she were sole.