On the Principles of Criminal Law

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W. Pickering, 1846 - 148 páginas
 

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Página 8 - 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.
Página 88 - That if any Person shall be convicted of any Felony, not punishable with Death, committed after a previous. Conviction for Felony, such Person shall, on such subsequent Conviction, be liable, at the Discretion of the Court, to be transported beyond the Seas for Life...
Página 75 - ... in them numerous and indisputable examples of this necessary succession, more complex perhaps, but not more arbitrary, than any natural law, whether in regard to the development of each separate science or to the mutual influence of the different branches of natural philosophy. In accordance with the principles laid down at the beginning of this work, we have already seen in various signal instances that the chief progress of each period, and even of each generation, was a necessary result of...
Página 130 - The proportion of the wages earned by the holder of a probation pass, and paid by the employer into the savings bank, is there to be detained until the convict shall have been transferred into the class of holders of tickets of leave, when, and not before, it is to be paid over to the convict. But in the event of a convict forfeiting his probation pass by misconduct, the whole amount of the deposit is to be forfeited to the queen. It will in each such case remain to be determined how far any part...
Página 71 - 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;
Página 122 - Island, the convict will be employed at hard labour. No authority except that of the Queen herself will be competent to abridge the time of his detention there. On the other hand, the misconduct of the convict in Norfolk Island may have the effect of prolonging his detention there indefinitely, within the limits of the term of his original sentence. But although even good conduct on the part of the convict cannot abridge the duration of this part of his sentence, yet any one who, by a course of blameless...
Página 125 - Convicts sentenced to transportation for a less term than life, who may be indicated by the Secretary of State for the Home Department as proper to be placed in this class. The Probation Gangs will be employed in the service of the Government, and. with rare exceptions, in the unsettled Districts of the Colony. No Convict placed in the Probation Gang will pass less than one. or more than two years there, except In case of misconduct. Here, as in the case already mentioned, a contemporary record should...
Página 119 - Her majesty's government, then, regard it as indispensable, that every convict transported, whether for a longer or a shorter period, should actually undergo that punishment without either pardon or mitigation for some predetermined period, bearing, in each case, a proportion to the length of the sentence. We further think that it should be reserved to the queen herself to make any exception from this rule ; and that the royal prerogative of mercy should not be delegated to the governor of the colony...

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