4 July 1802 + 2 57

N. S. Wales VIII Punishment

8

6 Conduct 1 Legislation Note Habeas Corpus

Every of every person other than a Convict non-emancipated de Jure is no offence

against the Habeas Corpus Act — on the

part of every envisioned on 500 — with Premunire — of Pardon.

I have In speaking of the de view given, the evil consequences of this mismanagement I have spoken as yet but of those which are in their nature but contingent, and have not yet been realized. There remain others that which may yet come to be realized and are such as no power or providence in the Colony, nor any thing less than an Act of Parliament would be able to avert. These cannot in the punishment that under the Habeas Corpus Act awaits the parties concerned in the detaining of the several individuals who from the foundation of the Colony to the present time have been unjustly and forcibly detained in it.

"And for preventing illegal imprisonment (Says the Act + or in prisons beyond + 31 C.2.c.2. §.12 "the Seas; Be it further enacted ... that no subject of this Realm "that now is, or hereafter shall be an Inhabitant or Resident "of this Kingdom of England .... shall or may be sent prisoner ".... into , Garrisons, Islands or places beyond the Seas, "which are or at any time times hereafter shall be within or "without the dominions of His Majesty. The Here and Hereafter: "and that if any of the said subjects ... hereafter shall be "so imprisoned, every such person ... so imprisoned ... may for "every such Imprisonment maintain by order of the Act an "Action or Actions of false imprisonment, in any of his Majestys "Courts of Record against the person or persons by whom he "or her shall be so committed, detained, imprisoned, sent "Prisoner or transported, contrary to the true meaning of this "Act, and against all or any person or persons that shall " frame, contrive, write, seal, or countersign any Warrant or "writing for such commitment, Detainer, Imprisonment or "transportation, or shall be sdvising, aiding or assisting "in the same or any of them; and the Plaintiff in every "such Action shall have judgment to recover his treble cash "binders damages, which damages so to be given shall not "be less than five hundred pounds; .... and the person or persons