JB/041/219/001

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1824. August 5
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Ch. XVIII Public Pursuers
§. 4 Functions purely public

§. 4. Functions in penal cases purely public.

Art. 1. Exceptions excepted, in a penal case purely
public the Public Pursuer Government Advocate is the established, and in the ordinary
course of things sole, pursuer.

Art. 2. Exceptions are

1. The rare case Where on his own view of the offence the Judge has taken upon him to convict and
sentence issuing the correspondent decrees operative and imperitive – this
case will naturally be a rare one.

2. Where, on receiving an informative application from an individual
he by consent of the individual authorizes him to answer it
shall and, on his consent, orders him to continue it.

3. Where by himself, without not regarding himself
as having need of assistance from the Public Pursuer Government Advocate, he collects
the evidence and performs the other functions preparatory to
acquittal or conviction.

4. Where, for the special purpose of the suit in question the Pursuer Government
Advocate General has defected to serve as Public Pursuer Government Advocate in any Judicatory a person
other than the Public Pursuer Government Advocate of that same Judicatory.

Art. 3. If, in the Public Pursuer where it in the case
of any such offence, it depended on the Pursuer alone, whether suit
should be commenced, or when commenced, whether need or if yes, in
what manner, it should be continued, the power thus possessed by him
being thus arbitrary, would be much more efficient than the
limited power of remission given, as per Ch. XXIII. §. 4. to
the Justice Minister. To apply to it the above with all together with all
apt checks, will accordingly belong to the Procedure Code.
To p.2

Back from p. 2. Art. 5. If, on any occasion, the function of Pursuer
be committed, as per Art. 2., to an individual, the Judge will have
care less by taking upon himself this function acting in this character, a confederate, or
other favourer of the Defendent should endeavour and find means
to render the several frustrate the suit or obstruct it.

Identifier: | JB/041/219/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1824-08-05	Marginal Summary Numbering	1-3, 5
Box	041	Main Headings	Constitutional Code
Folio number	219	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D8 / E1
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public	[[notes_public::Copd [note not in Bentham's hand]]]	ID Number	001
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