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1824 Feby. 24.
Constitutional CodeCh. Pursuer General Ch. XVIII. Immediate Government Advocate
Ch. Pursuer Generals
§. 2 Relation to Judge
1
Art. 1. Pursuer, or as any
other person, is subject
to Judge's power as exercised
by functions
imperative as per Ch.
XI. §. 7; Sedative, as per
Ch. XI. §. 8, and aid-compelling
as per Ch. XI.
§. 9.
2.
Art. 2. But, in case
of Judge's misconduct,
to him, as to any other
person, it belongs to
give information to
superior authorities:
1. To Appellate Judicatory,
by appropriate application,
followed, if
need be, by regular
pursuit.
2. To Legislature.
3. To Constitutive, thro'
Public Opinion Tribunal,
with such publicity
as the case affords.
3.
Art. 3. To others a right,
to him it is a duty,
by reason of the means
of appropriate information
given him
by situation and
practice.
4.
Art. 4. Sitting not secret,
Public Pursuer General, like
any other person, may
be present: so Pursuer
General, even in secret
do., in person or
by depute.
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Ch. Pursuer Generals
§. 3. Functions in non-penal cases.
1.
Art. 1. Case non-penal.
Public Pursuer General, substitute
of Government
in behalf of the State,
has the same functions
as do. of an individual.
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Ch. Pursuer Generals
§. 4. In purely public penal cases.
1.
Art. 1. Exceptions excepted,
suit purely penal,
Public Pursuer General sole
Pursuer.
Exception is⊞
2.
Art. 2. Suit, purely
public, what.
Suit for an offence,
from which no individual
has received
special injury: sole
party injured, Government,
as Trustee for
the people State. Pursuer
General it's substitute.
Examples⊞
3.
Art. 3. If on Pursuer
General alone it depended,
whether, for
such offence suit be
commenced, greater
within his field wd.
be each Public Pursuers General's
power, than
Justice Ministers as
to the whole.
4.
Art. 4. To this power
to apply apt checks
belongs to Procedure
Code.
5.
Art. 5. Principles as
to these checks.
1. Give concurrent
power to Judge.
2. To individuals at
large under Judge's authority.
3. But take care that lest
the function of Pursuer
be thus possessed by
a confederate in favor
of the Defendant.
6.
Art. 6. Of evidence from
information by an individual,
as original applicant
or subsequently
examined witness, communication
will be
made, together with
do. of all other proceedings
by Judges to
Public Pursuer Pursuer Generals, by
delivery of an exemplar
of manifold writing, as
per Procedure Code.
---page break---
§. 5. in publico-private cases.
1.
Art. 1. Case publico-private,
Pursuer General
has concurrent
authority with party
specially injured.
2.
Art. 2. Case publico-private,
on hearing the evidence
on the original
examination, Judge
will determine, whether
to charge with the Pursuit
1. an individual or
individuals alone: 2.
Public Pursuer General alone.
3. or both in conjunction.
3.
Art. 3. To an individual,
alledging, in a case of this sort, special injury
to himself or one
for whom he applies, &
demanding money or
money's worth, in compensation,
at the charge
of a Defendant, leave
to pursue will not
in general be refused.
4.
Danger of collusion
with a Defendant
apart, individual or
individuals able &
willing to defray the
unavoidable costs,
will be preferred to
the Public Pursuer. General
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Identifier: | JB/041/211/001 "JB/" can not be assigned to a declared number type with value 41.
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1824-02-24 |
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Constitutional Code |
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Constitutional Code |
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Pursuer-Generals / Relation to Judge |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D36 / E2 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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