27 Jan y 1803 (2

At this rate it On this construction it may be objected you would

declare illegal any every act of imprisonment

up

Upon the whole, this much I think will appear sufficiently established:

— that setting aside exceptions, the special

affirmations

as well not only every act of "imprisonment"

but also as every act of detention in prison

exercised by the procurement of persons in authority

here in England

in any spot out of England

on on the person of a subject of the realm of England

"being an inhabitant or " of the said realm it, under the words

of the act "illegal" [ and as such comes

subject

under the penalties the offending parties to the penalties

provided by this clause:] and that in the case in question the

effect of the several transportation laws is indeed to legalize the

imprisonment in its commencement — to legalize the act of sending

into imprisonment — to legalize the continuance of it during

each respective term — to legalize the detention down to

the end of each such term — but not to legalize it after the

expiration of any such term: and lastly that so far as the net is

illegal, so far are the offending parties

subject to the penalties provided by the Statute.