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2 Ulto
Propositions
(2 Ch. II. Codification: or
Ch. III. Remedies
Duelling
Enactments
2 Preventive and
Suppressive
☞ Note to stop this here as
an example.
Art. In this case as in others consequential or subsidiary to fines will
be imprisonment or say incarceration: succedaneous, if it be clear
that subject matter exist in the appropriate quantity extractative for the purpose
of fines is not in the power of the individual: instrumental, if it appear that [a]
by compulsion s thereupon applied
it may be extractable
observing not to apply
employ compulsion in
this way as an intermediate
instrument,
except in so far as
the object appears
to be not capable of
being accomplished in
by the way of immediate
operation applied to
property itself.
5
In case of retention Applicant & Govt
advocates constituted joint pursuers — supposed
Challengee constituted Defendant
Art. In case of retention, the informant will by
an appropriate mandate be constituted Pursuer; and to the Government
Advocate direction will at the same time be given to
act on the part of Government, as Joint-Pursuer: and at the
same the alledged intended Challengee or intended Challengee, Defendant.
6
Judge to decide whether
any supposed accomplices
Art. To the Judge it will then thereupon belong to consider
and declare whether there is ground for supposing that to with
the supposed intended challenger there have been any accomplice
person or persons connected in the character of accomplices
in any and what modes of complicity. Co defendants
accessory.
7.
Of codelinquency modes
1 positive accomplices
2 Negative accomplices
by non information
Of complicity or any codelinquency modes of
afforded to the nature of the present case are the following.
1. Person doing contributive to the conveyance communication of the
challenge, immediately or unintermediately, at the having moreover
cognizance of it.a Say positive accomplice.
2. Persons privy to the design, or such communication,
or to the design, and thereupon having no just ground
for regarding it as abandoned, omitting to give information of it:
Say, non-informant or negative or non-informant accomplices:
accomplices in respect of the negative offence
constituted by non-information.
☞ Add here the other species of Co-offenders if any.
[a] Applied to an offence of so light a complexion this mode of proceeding
will naturally appear harsh. Accordingly insertion would not have been
here given to it but for the purpose of its serving as a sample of the course of
of Procedure under the
proposed system, in the
case where if on any occasion,
punishment in
the pecuniary mode, comes to be employed. See above §. 2 remedy.
Identifier: | JB/016/171/001 "JB/" can not be assigned to a declared number type with value 16.
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